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The Woodlands Personal Injury Law Blog

In a world of medication errors, who can patients trust?

It is a widely held belief that doctors generally know best -- this mentality can extend to the pharmacy industry, as well. After all, one of the primary duties of medical professionals is to ensure wellbeing and good health for all Texans. Even with the comfort of expertise, are doctors and pharmacists as reliable as patients would like to believe?

One major area that has sparked controversy is the accuracy of prescriptions and other medical direction. There is much speculation on the topic of medication errors, but the state of Texas seeks to eliminate these errors by getting to the root of the problem itself. Furthermore, the stigma about patient irresponsibility regarding medication errors may prove to be false. 

Have you checked your Christmas list for these dangerous toys?

With Black Friday coming up and a limited number of days to shop for Christmas presents, you may have collected your children's wish lists and highlighted the toys you want to buy at the nearest Texas store or shopping mall. However, not all popular toys are safe. According to USA Today, here are some hazards that some of this years' toys may include.

Any toy that contains small parts that come off can be a choking hazard for a young child. In fact, most of these come with warnings on the box explicitly stating that the toys are not suitable for children under 3 years old. However, dolls are often marketed to toddlers, and they may have removable clothing and accessories that are choking hazards. Consumer watchdog agencies warn that you should check for these items before making the purchase.

Understanding loss of consortium

For a majority of those who live in The Woodlands who come to see us here at The Leigh Law Firm following the unexpected death of a loved one, the potential struggles they face by no longer having his or her financial support pale in comparison to what they have lost emotionally. Losing your spouse, parent or child deprives you of the many benefits of his or her companionship. Thus, while a wrongful death lawsuit may seek to fill a financial void, it may also help to address the emotional pain and suffering you are experiencing. 

The legal principle of loss of consortium recognizes and values the emotional impact your deceased loved one had in your life (and how his or her loss may affect you going forward). Losing your spouse deprives you of the comfort, solace and companionship he or she provided, as well as the benefits of your sexual relationship. The loss of your child may deprive you of the society and affection that you looked forward to providing as a parent. Losing your parents leaves you without an important source of advice and guidance. 

Can I win exemplary damages in my car crash case?

Depending on the details of your case in Texas, it is possible to win exemplary damages in your personal injury case. As noted by section 41.003 of the Texas Civil Damages and Remedies Code, exemplary damages are the kind awarded in court to punish the defendant for bad behavior.

As such, you do not need to prove that you suffered a more severe injury to justify the extent of exemplary damages you seek. 

Drowsy driving: falling asleep on safety behind the wheel

Almost every Texas adult driver would admit to driving while tired on occasion. Being a little sleepy while behind the wheel may be normal for most adults, but there are times when a driver is more than a little sleepy, but is actually too tired to drive safely. Drowsy driving is a significant, if not largely underestimated, threat to the well-being of all motorists. 

Drowsy driving is actually quite dangerous. When an exhausted person operates a vehicle, he or she may not make safe decisions, notice potential hazards or appropriately follow the rules of the road. Like drunk drivers or distracted drivers, drowsy drivers can cause significant damage and harm to innocent people.

Will I beat a DUI charge after an accident if I have a low BAC?

In Texas, you can still be the subject of a conviction of DUI/DWI even if your blood alcohol concentration is below 0.08 percent. Further, if you are involved in a motor vehicle accident, the ramifications and liability can be extremely serious.

Of course, if you do blow a 0.08 percent blood alcohol concentration reading, or higher, and cannot get that evidence suppressed, you may likely face a conviction as well unless there are other defenses available. However, even if your reading is less than 0.08 percent, you may still not receive the hoped-for dismissal of DWI related charges.

Texas sees jump in auto fatalities in 2016

Texas residents who have been in a car crash personally or whose loved ones have been involved in a wreck know that even the simplest incident can result in serious and long-term consequences. Damage to vehicles or other property can be bad enough but the injuries that innocent people may experience are sometimes unthinkable. Even worse are the lives lost due to senseless and negligent decisions of drivers.

According to the National Highway Traffic Safety Administration, 2016 was quite a deadly year on Texas roads. The number of people killed in vehicular accidents last year rose to 3,776, up from 3,582 the year before. Montgomery County had the seventh greatest number of deaths among any county in the state with a total of 76 fatalities recorded there.

Evidence that can help prove a personal injury claim

When a person experiences a car accident, the initial shock can oftentimes mask injuries, leading to vital details being overlooked early on and affecting potential personal injury claims that may be filed in the state of Texas at a later date. There is a statute of limitations that allows a person some time to make a claim, but much of the evidence needs to be collected immediately following the incident as well as in the weeks, months and, in some cases, years after.

As State Farm explains, there are many documents that provide useful evidence, including the following:

  • Police report: Even if the car accident appears to be minor in nature, the police should be contacted. A police report can provide a record of when and where the accident occurred, who was involved, and the cause, circumstances or conditions. 
  • Photos: Taking photographs of damages to the car or cars, road conditions, visible injuries and any other details are conducive to creating a full understanding of the scene.
  • Eyewitnesses: If there are eyewitnesses, written statements or recordings of their statements should be obtained along with names and contact information.
  • Medical expert: It may help a personal injury case to have one or more medical experts who can testify that injuries suffered are a direct result of the car accident.

The chain of responsibility for your medication

When an advertisement for a medication comes on television, you may have noticed that the disclaimer at the end includes a long list of possibly alarming side effects. However, when you go to the doctor and a drug is recommended, these issues may seem less important compared to the ways the prescription may improve your health. We at The Leigh Law Firm understand that all medications have the potential for harm, and manufacturers, doctors and pharmacists have a responsibility to make sure you know what this includes.

FindLaw explains that the U.S. Food and Drug Administration sets the standards for the tests required to ensure that medicines are safe, but that federal agency does not actually perform them. Instead, that duty belongs to the company who produces the drug. This is how safe dosages are determined and the list of side effects is accumulated. 

The challenges of recovering from an amputation injury

You may not remember losing your first tooth or getting your first haircut, but for many children, these moments are traumatic. Although these events are perfectly natural and rarely painful, the loss of part of their bodies is something children seem to understand as frightening and wrong.

Of course, the loss of a tooth or a few strands of hair fail to compare to the severe injury that caused the loss of one of your limbs. The amputation may be even more difficult to accept if the injury was the result of someone's negligence. Now your future is quite different from the one you expected.