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San Antonio Personal Injury Law Blog

What's required to support a premises liability claim?

There's a man in a Forth Worth hospital right now. His recovery from a significant brain injury is not going as well as his wife and likely doctors would like. He's been in the intensive care unit for more than two weeks and at last word he remains in a coma.

The incident has some observers wondering whether this doesn't stand as an ideal candidate for a premises liability claim. You see, the injury reportedly occurred as the result of an attack by two other men in a Wal-Mart parking lot a few weeks ago. Police say they are investigating but haven't made much headway in the probe.

Birth injury or defect may be a distinction without difference

There are few things in life that are more special than welcoming a new baby into the world. But that sense of joy can wind up being dashed in short order if the infant is born with or develops a condition that leaves him or her disabled.

Many different things can cause problems over the course of a pregnancy and delivery. Some of the most common issues include cerebral palsy, Erb's palsy or other damage to the nervous system. After birth, ailments that might be missed and go untreated can lead to difficulties. During the months before the birth, the treatment that the mother gets can influence fetal development, sometimes negatively, resulting in birth defects.

When does the clock start ticking for a Texas malpractice claim?

Time is of the essence. If you've never heard that phrase before, raise your hand. Anyone? No? That's not surprising. It's a pretty common statement. But try to look up where it came from and you're likely to find it a challenge to get to the root of the thing.

After a brief search online it becomes apparent, though, that it has its foundation in contract law. It may be put into an agreement in order to emphasize that certain actions are expected to be taken by one or the other party in order for the contract to be fulfilled. If dates and times are missed, the whole deal could be voided.

Last minute scramble not enough to get Texas texting ban passed

Supporters of a statewide ban on texting and driving say they will not give up. Despite failing to get such a bill through the Texas Legislature again this year, the chief sponsor in the House says he will shoot now to get the ban approved in 2017.

Concern about texting and driving is not a new issue for lawmakers. It was big enough of a worry back in 2009 when we observed that state lawmakers had banned all but hands-free cellphone use in certain situations. The law specifically makes texting and driving in school zones illegal. Violating the law can yield a driver a $200 fine.

'Mushy middle' on liability might stall self-driving trucks

Some weeks ago we took a look at how a proposal for putting speed governors on semitrailer trucks is sparking mixed reactions. Safety proponents say the limiters would rein in truckers who push tires beyond their design limits into the danger zone. They say the move would make roads safer for everyone. Advocates for truck drivers say such controls will do little but increase road rage.

At this point, the issue remains unresolved. But since then a new development in the trucking world has surfaced that might raise even more concern for motorists in Texas and the rest of the country. Nevada has issued a license for truck-maker Freightliner and its parent Daimler to operate a partially autonomous 18-wheeler on The Silver State's roads.

Ambulance company penalized for crew's fatal fumbling

When you call for the help of an ambulance and its crew, the last thing you expect is that you'll wind up worse off than before you made the call. The plan is that you will be transported safely to wherever you need to go. That's the standard in San Antonio and anywhere else you might be.

Unfortunately, there is no way to control what human beings are going to do. When their errors and negligence cause serious injury or even death, however, it is possible to hold the responsible parties accountable. This has been shown once again with a case out of Massachusetts.

Birth injury due to negligence deserves accountability

The arrival of a child is supposed to be a time of joy. For most parents the delivery marks the end of a long, nine-month wait. For couples who found it difficult to conceive the anticipation may well be marked by a level of high anxiety.

Complications are not uncommon, but medical professionals in Texas are trained to anticipate them. To do that they are expected to be up to date on the current standards of care for those situations. If they fail to exercise that knowledge in a timely and correct way, birth injuries with life-altering implications can result.

Bad medical outcome depends on definition of success

There are different ways to define success. For a child success might mean finally advancing out of diapers. For an aspiring driver success might mean finally passing the necessary tests -- even if it takes two or three times to do it.

When someone in Texas goes into a hospital or a clinic for a medical procedure, chances are good that success in the patient's mind means coming out of it better than he or she was before and anything less might prompt suspicions of medical malpractice. Seeking compensation then is a patient's right. And it might be due if clear negligence can be shown. In some cases it might depend on how success is defined.

Speedy settlement isn't always best tactic after car accidents

When we suffer any form of life trauma there is an understandable desire to try to get past it as quickly as we can. No one wants to dwell on the pain and misery that a catastrophic accident can create.

At times, it may be smart to move fast, but not after an accident. If you or a loved one has suffered an injury in a crash, the most important thing to do is concentrate on getting better. And if the injury is particularly serious or life altering, then the chief goal needs to be on figuring out what will be needed to make the most of life going forward.

Battle line forming over anticipated truck speed limiter rule

Have you ever been driving down the highway and suddenly come across a chunk of tire tread across the road? You don't know where it came from, but the size of it suggests it came off a tractor-trailer truck.

Imagine if you had been driving beside that truck when the failure occurred. It's not small chunks of rubber flying at you. It's a strand of steel belted rubber several feet long and ten inches wide. If your first move is to take evasive action, it could lead to you losing control and getting seriously hurt in an accident.

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