When you have been injured, you want a quick recovery, both medically and financially. No one desires a drawn out legal battle that devours your time and leaves you wondering when you can pay your bills. Even though the process is not always quick, knowing what is going on behind the scenes can make the waiting easier. The attorneys at Springer & Lyle can help you navigate the challenges of the system and ensure it goes as smoothly and quickly as possible. I. Investigation Once you hire counsel, there is a period of time where you will be asked to submit information. Because … [Read more...]
Why are Personal Injury Claims in Texas So Complicated?
There are many reasons why these claims have become so complex in Texas. To start, a medical malpractice case is much different than an 18-wheeler case or one involving a defective product, workers’ compensation, premises liability or, dangerous drugs and animals. Additionally, Texas leads the nation in “tort-reform” legislation which, among other things, has capped damages in certain types of cases. These laws have also put many procedural hurdles in place which makes it more difficult, time consuming and expensive to take a case from start to finish. Texas also places the right … [Read more...]
Someone Was Injured on My Property: Now What?
People can suffer personal injury on your property in many ways. They can slip and fall, trip and fall, or they can even get seriously burned in your kitchen when you drop a sauce pan full of boiling water. When others are on your property and injured as a result of your carelessness or negligence, there’s a significant possibility of personal liability exposure out there for you. That’s the first reason to arrange for a consultation with an attorney at Springer & Lyle. When you retain us, we can file your liability insurance claim for you. When you have homeowners or renters … [Read more...]
I Was Injured on Publicly Owned Property. Who is Liable?
If you’re injured on publicly owned property, you might want to know who is liable. The attorneys at Springer & Lyle would refer you to the Texas Tort Claims Act for guidance. It gives the state, counties and municipalities certain immunities when they’re performing government functions unless they clearly and unambiguously waive their immunity. That’s called the law of sovereign immunity, and it comes from the old English law that the king can do no wrong. In the context of liability for personal injury, Texas governmental entities and agencies have clearly and unambiguously waived … [Read more...]
Someone was injured on the sidewalk in front of my house. Am I liable?
When you look out your front window and see a pizza delivery kid writhing in pain on the sidewalk in front of your house from slipping or tripping and falling, one of the things that goes through your mind is whether you’re liable for his injury. You didn’t even order a pizza. He was going to deliver to the wrong house, but there he is on the ground. According to the personal injury attorneys at Springer & Lyle, liability on this case turns on the application of Texas law to the specific facts surrounding the fall. Any liability attributable to you is based on the laws of premises … [Read more...]
Air Bag Recalls
Springer & Lyle wants you to know that millions of vehicles have been recalled by their manufacturers because of dangerously defective air bags. Injuries attributed to air bag deployment include brain, eye, cervical spine and chest injuries. Deaths have also been claimed. There’s strong evidence that the chemical propellant that causes air bags to deploy breaks down over time, particularly in climates with high heat and humidity. When the propellant deteriorates, excessive pressure results in the metal housing around it. The metal housing ruptures, and when the affected air bag … [Read more...]
1/5 of Commercial Vehicles were Found Unsafe
The Texas Department of Public Safety reports that one-fifth of commercial vehicles they inspected in in 2011 were unsafe: "Since the first of the year, Commercial Vehicle Enforcement personnel and specially-trained Highway Patrol troopers have inspected 331,505 commercial vehicles. As a result of these inspections, DPS removed 66,189 unsafe commercial vehicles and 12,301 unsafe commercial vehicle drivers from Texas roads for a variety of safety violations. “Commercial vehicles are responsible for approximately 15 percent of the fatalities in Texas crashes,” said McCraw. “Most … [Read more...]
Depakote Maker to pay $1.5 Billion to Settle Criminal and Civil Investigations
Last week, the Department of Justice Announced a record $1.5 Billion settlement with Abbott Laboratories over their mislabeling of the drug Depakote. "Global Health Care Company Abbott Laboratories Inc. has pleaded guilty and agreed to pay $1.5 billion to resolve its criminal and civil liability arising from the company’s unlawful promotion of the prescription drug Depakote for uses not approved as safe and effective by the Food and Drug Administration (FDA), the Justice Department announced today. The resolution – the second largest payment by a drug company – includes a criminal fine and … [Read more...]
Tort Reform has not Increased the Number of Doctors in Texas
Anew study by David A. Hyman, Charles Silver, and Bernard Black shows that Texas Tort Reform measures have not increased the number of doctors in Texas since 2003. "Does state tort reform affect physician supply? Tort reformers certainly believe so. Before Texas adopted tort reform in 2003, proponents claimed that physicians were deserting Texas in droves. After tort reform was enacted, proponents claimed there had been a dramatic increase in physicians moving to Texas due to the improved liability climate. We find no evidence to support either claim. Physician supply was not measurably … [Read more...]
Texas Appellate Courts are More Likely to Reverse Plaintiff’s Judgments
The Dallas Morning News reports that a soon-to-be-released study shows Texas Appellate Courts reverse judgments for plaintiffs with alarming regularity, and at a dramatically higher rate than judgments for defendants: “The study, conducted by two appellate lawyers at Haynes and Boone, found the Texas appellate judges have an overall reversal rate of 49 percent when they review cases that the plaintiff won in the trial court and the defendant appealed. But those same judges reversed only 25 percent of the cases in which the defendant prevailed at trial and the plaintiff appealed. The Texas … [Read more...]
