Dallas Fort Worth Injury Lawyer Blog

The personal injury sage continues. As a Fort Worth Personal Injury attorney I am writing this blog to hopefully provide insight to my readers, about the law works with its byzantine rules and regulations.

The Law and its practical applications are murky at best and we as lawyers have developed our own rituals and our own special language. Because if we spoke in plain English, then it would not be special anymore.

In my last missive I detailed the week before an actual trial that we were getting ready to do on our slip and fall case. The case got continued. Now we are using this opportunity to continue in our siege of the defendants castle. We continue to press our charge and are unrelenting in our skirmishes.

The defendants strategy in every personal injury case, irrespective of the claim, is to first deny the claim, then to deflect the claim ie somebody elses fault and then finally to delay the case going to trial. They hope with this strategy with wear out the plaintiff and make the cost of litigation prohibitively expensive to continue.

This standard strategy is designed to sap the will of the opponent, to make the risk reward ratio tilt in their favor. This tactic may have traction in some quarters especially in the claim is weak or ill founded, but to us it is like waving a red flag to a bull. We are only spurred on, and I have a natural dislike for bullies, and that is what the defense are; bullies by any other name are still bullies, with their repeated denials and rejections of liability and fault.

In this particular instance, we have been at it for over 3 years. The defense is a stubborn lot, mangy and dogged in their delay tactics. We shall prevail, Justice will triumph in the end and the dark forces crushed.

Ultimately the defendants insurance is going to rein them in especially when they have spent more in defending this case than they could have settled it for. They are consumed by over reaching hubris and a lack of common sense. They will ultimately lose this account.

As a Fort Worth Dog Attack and Dog Bite attorney, I read with interest this unusual dog bite wrongful death case. Usually human bites are more infective than dog bites.

The death of a Washington state man from a dog bite has prompted a lawsuit by the man's family against the dog's owner. Kenneth Bock developed an infection from a bacteria contracted through the dog's saliva and died of a blood clot 10 days after being bitten, the suit states. The family claims the incident was not the first time the dog had bitten someone and that its owner. Nicole Tsong, Seattle Times 09/09/2010
Read Article: Seattle Times

As a Fort Worth Wrongful Death Lawyer I read with sadness the story excerpted below. Currently my law firm is actively handling 5 Wrongful Death cases, including 3 from medical malpractice, 1 from a pedestrian-car accident and 1 from a death at a gym. Any time there is a loss of life, it is tragic all concerned, especially if somebody else is to blame or be liable.

An Austin family has reached a $500,000 settlement with a group of fraternity members at California Polytechnic State University over the death of their son in 2008. The suit alleged Carson Starkey died of alcohol poisoning during a hazing-related incident with members of the Sigma Alpha Epsilon fraternity. Staff Report, Austin American Statesman 09/12/2010
Read Article: Austin American Statesman

Here there is a senseless and tragic loss of a college student. I hope the fraternity learn their lesson and hopefully other fraternities will get the message.

"Cry havoc and let slip the dogs of war."

And so it begins, twenty four hours from now, with a drop of the hammer and a cry of "Order, Court now in session," the battle banners would have unfurled with the sounds of trumpets.

As a Fort Worth Personal Injury Attorney, I would like to offer the following insights. As I mentioned in my last posting from the battlefront, we were due in court tomorrow to argue our slip and fall case which just got canceled and set for a new date.

The foul air would have been filled with the clanging of steel, the clashing of shields, the stench of panic and fear permeating the air to be supplemented with whiffs of gunpowder. My friends, this was no ordinary skirmish, but the accumulation of 3 years hard labor. But it was not to be...

My friends that is what a court room feels and sounds like, all shrouded in the fog of war and at the end of the day, one victor and the vanquished. Carnage and havoc for both.
Trials are no easy things and the plaintiffs all want their day in court. It is hard to then explain to them when you get a worse deal at trial that in settlement talks a year earlier.

In this particular battle, the decision to go to war was easy, we had no offers to settle or offers through mediation. Here, if we had failed to press our charge and we lost, what did we lose? We came with nothing and left with nothing. Then the next time the defense would know we spared no quarter, we yielded no ground, and we fought to the last man. Each man died a hero, with sword in hand, a bloody battle indeed.

In this battle dear readers, there are no prisoners.

Continue reading " Fort Worth Personal Injury Attorney Who Will Fight For You 817-900-8439 " »

Like the knights and warriors of old, I was preparing this week for all out pitched battle. Is there no captain of Gondor who can come to our aid? Sadly not, we were alone in our campaign for justice.There was going to be a winner and a loser; a victor and vanquished.

A steady drum beat of war filled the air as each night I was hunched over the computer, being warmed by the pallid sickly glow of the screen, while I plotted and schemed our strategy. I reviewed the battle plans with my trusty squire (read associate) and we played out all the competing scenarios. We had been planning our siege and attack for the past 3 months. The defense was well funded, well armed and had countless minions to throw into battle.

Our slip and fall personal injury law suit was filed 3 years ago, and after all the twists and turns had finally come to trial. My 68 year old client had tripped and fallen while crossing a construction site that the company had done when they tore up her drive way. Her house and yard was surrounded by a chain link fence, which was not taken down. The construction site was not barricaded in, taped down or any caution cones placed around the site.

The defense resisted hard, denied all liability and offered no settlement, nothing at mediation and were trying to make us go the long distance. My client had incurred $450,000 in medical bills and had to undergo lumbar sacral surgery and extensive rehab.

My client had a doctor's appointment go to that morning when she fell. She had no alternative entrance or exit from her place. She had to cross the construction site, which was a drop off of 4-6 inches surrounded by wooden forms getting ready for concrete pouring. She tripped and she went down like a lead balloon, or a tree in the forest, depending on your penchant for metaphors.

We had survived 3 knock out/death sentence motions for summary judgment and countless other motions.

This week, we were poring over the trial exhibits, photographs, reading all the depositions and reviewed all the evidence. Earlier in the week we met the plaintiff and key witnesses for the final time, going over the trial and trial strategy. We had gathered and reviewed the multiple medical records and medical billing business affidavits.

The defense launched a fiercesome attack on our encampments, starting on the dawn of Monday morning. A lengthy volley of 3 motions by defense trebuchets came crashing down to instill fear and panic among the camp. We scrambled during the week to our return volley of opposing motions. We had 7 pre-trial motions to argue about on this Monday morning prior to choosing and seating the jury.

Then Thursday afternoon, a call from the court coordinator, our case was going to be canceled and rescheduled for February 2011, because the judge had a conference to go to...

So now, the pitch battle and storming of the castle will have to wait, but we shall persist and continue in the siege. We now will address and set up the 7 motions and force the defense to skirmishes.

Continue reading " Fort Worth Personal Injury Attorney 817-900-8439 " »

Today I settled one of my trucking-car accident cases through mediation. Mediation for those of you who are not familiar with the process, is an alternative dispute resolution process that I frequently employ with good results. As a Dallas Wrongful Death Attorney, I use mediation as a settlement instrument in 80-90% of my personal injury cases.

Usually after the lawsuit is filed, initial discovery is shared and the first round of depositions have taken place, both sides of the dispute will have a good idea of the strength and weaknesses of their respective case. No one case is perfect on all counts.

That is when I usually approach the opposition and ask them to consider and participate in the mediation process. Today we had such a meeting, which was held at a neutral place, the office of the neutral attorney mediator. It is the job of the mediator to listen over a period of several hours to both sides of the conflict and urge both sides to come to a settlement.

Sometimes the mediation process fails and the case goes to trial, this usually happens when the parties are too far apart. That happened to me at the last mediation, 2 weeks ago on a dog bite case. We go to trial in October.

In the present mediation, my client had significant soft tissue injuries after she was rear ended by a 18 wheeler truck. She developed chronic pain and had to have significant medical therapy. The outcome could have been much worse, she could have died as a result of the accident. In this case both vehicles had become locked as a result of the accident and the truck driver did not realize that he was in an accident as he continued to drive. It came to his attention when another truck driver called him on the radio that he was pushing a car up the hill.

I am glad to report that the case settled for a confidential amount and the truck driver/company accepted liability.

Continue reading " Dallas Wrongful Death Attorney 817-900-8439 " »

This weekend I am in a contemplative mood. I was thinking about one of the medical malpractice cases I am handling. As a Fort Worth Medical Malpractice Attorney and licensed medical doctor, I receive up to 100 telephone calls and email inquiries per month. After talking and carefully screening all of these possible inquiries, I end up selecting only 4-5 cases per year to litigate and to take to the next level.

This case concerns a middle aged woman who comes into a major North Texas hospital for treatment of a fractured hip. She is appropriately evaluated and scheduled for hip replacement under spinal anesthesia.

Then tragedy strikes, there is an accident during the administration of the anesthesia. My client stops breathing and has full cardiac arrest while in the OR. These events were not immediately recognized or treated by the attending anesthesiologist or nurse anesthetist who were responsible for the care of the patient.

After much delay, the patient was resuscitated, but she had developed severe irreversible anoxic brain damage from the lack of oxygen.

The client lingered on in a profound vegetative state for 3 months and then ultimately died.

You would guess that the doctors and nurses would do the right thing and accept liability in this tragic medical malpractice case. You guessed right...they deny liability and we have a fight on our hands.

I have a very good friend, Spencer Aronfeld, Aronfeld Law Firm in Miami Florida who also handles wrongful death and catastrophic personal injury cases. I told him about this case...he was shocked and dismayed. Then he regaled me with similar cases of his own.

Folks every day is a battle to get people justice in this world, please note we are doing it street by street, house by house and city by city. The work for justice never ends and Injustice never sleeps.

Continue reading " Fort Worth Medical Malpractice Attorney 817-900-8439 " »

Folks I am a man of simple tastes. When I woke up this morning I sat down with a steaming cup of java and opened up my lap top. I looked out over the back yard, the temperature was cool for Texas (70 F) and the sky was a deep blue...

Is it great to have a contemplative 3 days with the Labor Day Weekend? A great weekend for shopping and getting out and about and then as a result, more slip and falls.

As Dallas Fort Worth Slip and Fall attorney, I review and screen many slip and fall and trip and fall accident/personal injury claims. That reminds me, we have a case currently against a large and well known grocery store. My client is a 75 year old sprightly woman in otherwise good health. She went to the store to do her shopping but did not get very far. She tripped up on the entrance on the floor mats which were not taped down as per the store's policy and procedures.

Instead the mats were allowed to get buckled and frayed and my client tripped up, falling, breaking her hip and shoulder.

You know the rest of the story...the store will not do right by her, she had to retain an attorney and we are in litigation. She had a long hospital stay and extensive rehab and is now finally back on her feet.

We will keep you posted, dear readers of the progress in this case. The defendants have stated that they want to settle and mediate this case...

Continue reading " Dallas Fort Worth Slip and Fall Attorney 817-900-8439 " »

Folks I am a man of simple tastes. When I woke up this morning I sat down with a steaming cup of java and opened up my lap top. I looked out over the back yard, the temperature was cool for Texas and the sky was a deep blue...

Is it great to have a contemplative 3 days with the Labor Day Weekend. A great weekend for shopping and then as a result more slip and falls.

That reminds me, we have a case currently against a large and well known grocery store. My client is a 75 year old sprightly woman in otherwise good health. She went to the store to do her shopping burt did not get very far, she tripped on the enterance over the floor mats which were not taped down as per the store's policy and procedures.

Instead they were allowed to get buckled and frayed and my client tiripped up, falling, breaking her hip and shoulder.

You know the rest of the story...the store will not do right by her, she has to retain an attorney and we are in litigation. She has had a long hospital stay and extensive rehab and is now finally back on her feet.

We will keep you posted dear readers of the progress in this case. The denfendants have stated that they want to settle and mediate this case...

Continue reading " Dallas Fort Worth Slip and Fall Attorney 817-900-8439 " »

There are thousands of car, truck and motor bike accidents through out the Dallas Fort Worth multiplex on an annual basis. Many people get severely injured, maimed for life or die as a result of the motor vehicle accident.

I got a call today from a potential client in San Antonio. She told me the sad story of the death of her son's father from a car accident. Apparently the driver was under the influence of alcohol, and been charged with vehicular manslaughter. The driver is in jail awaiting sentencing.

I do not know all the details but in this particular instance at least 3 people have been affected, the woman, the son and the father...

Continue reading " Fort Worth Car Accident Attorney " »

I like dogs but I would not describe myself as a dog person.

We have a client who while working for a dog grooming/boarding facility was bitten pretty severely by the owner's pet dog. The owner of the establishment is a self professed dog lover. She has 6-7 dogs but she has to house this particular dog at her facility because he does not "play nice" with the other dogs. She has admitted that her dog is kennel, food and bone aggressive.

My client was attacked by this dog and she was mauled pretty bad, incurring medical bills in the range of $70,000 and required several operations to her elbow which had gotten infected from the deep dog bite. She has an 8 inch scar across her elbow.

Read more about your dog bite rights here.

We are trying to settle and mediate the case, if not we will proceed to trial. We do not think that liability is going to be an issue.

Continue reading " Fort Worth Dog Bite Lawyer " »

Thirteen workers jump to safety after an explosion on the offshore platform in the Gulf of Mexico. The company, Mariner Energy, says the site's seven active wells have been 'shut in' and are not leaking.

Another offshore oil facility caught fire in the Gulf of Mexico, sending 13 workers into the water to be rescued by boat, and sending enough petroleum into the water to create a mile-long by 100 foot wide sheen, according to the U.S. Coast Guard.

Read full story here.

Continue reading " Another Louisiana Oil Rig on Fire After Explosion " »

According to OSHA, 4,340 workers died on the job in 2009.

"With every one of these fatalities, the lives of a worker's family members were shattered and forever changed. We can't forget that fact."
-Hilda Solis, Secretary of Labor

Poorly Managed Construction Sites Are Dangerous.

Construction site injuries include:

* Falls
* Struck by falling object
* Struck by laterally moving object or equipment
* Impalement or penetrating injury
* Truck or other motor vehicle accident
* Electrocution
* Explosions
* Burns

Continue reading " Dallas Fort Worth Construction Sites Can Lead to Brain and Spinal Cord Injuries " »

I am proud of our work this week. We just settled another car accident injury claim. My client was minding his own business, one night in Dallas. Somebody plowed into him and rear ended him. The folks who hit him were drunk and tried to run. They were caught by an off duty apartment security guard.

Come to find out they were high as a kite and ready to fly.

Luckily for my client he had minor soft tissue injuries, but he had pre-existing neck problems including cervical neck fusion. Obviously we were concerned that he may have had neck injuries. But after medical evaluation he was cleared of major injuries.

We settled for insurance policy limits.

When you need to help after an injury or accident, you need to find the Dallas Fort Worth Texas personal injury lawyers.

We evaluate and accept cases all over Texas including Houston, Dallas, San Antonio car accidents, auto wrongful death cases, mesothelioma, burn injuries, Accutane side effect bowel disease, Paxil birth defects, brain injuries, 18 wheeler, semi truck, tractor trailer accidents, diesel truck or big rig accidents.

If you have been injured in an accident as a result of the negligence of others,
please call 817-900-8439, 888-210-9693 or Contact Me Online.

A Houston company failed to adequately mark the path of a buried 36-inch natural gas pipeline in Johnson County that was struck and exploded in June, killing one person, according to the Texas Railroad Commission.

Enterprise Products Operating Llc. violated several state regulations, the commission said in a report. Fines could be $10,000 per day per violation.

The explosion, which could be seen for miles, occurred June 7 when the carbon-steel pipeline was struck by an auger drilling a 48-inch-diameter hole to install high-wire electrical poles. The operator of the auger truck was killed. McClatchy Newspapers, Houston Chronicle 09/01/2010
Read Article: Houston Chronicle

Continue reading " Texas Cites Local Energy Company in Fatal Blast " »

In March, the FDA warned that Zocor users had an increased risk of rhabdomyolysis when taking the drug at high doses of 80 mg. While all statins carry some risk of the muscle injury, the FDA’s report was the first time a dose-specific connection had been made to a particular drug. Symptoms of rhabdomyolysis from Zocor could include muscle cramps, tenderness, stiffness, pain or spasms. The illness is usually reported in patients over 65 years of age or those who have renal impairment or uncontrolled hypothyroidism.

Zocor (simvastatin) is a synthetic statin developed by Merck & Co., which is now available as a generic. Before patent protections expired in 2005, it was Merck’s best-selling drug and the second best selling cholesterol lowering drug in the world, bringing in $4.3 billion in 2005.

Continue reading " Fort Worth Zocor Rhabdomyolysis Personal Injury Attorney " »