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The Woodlands Personal Injury Law Blog

What can I do when involved in a hit and run?

Even the safest Texas drivers might find themselves involved in a hit and run. In this case, the actions that you take immediately following the accident can have a huge impact on the outcome. State Farm offers the following advice in this case, which will help you preserve your safety while also taking steps towards bringing the guilty party to justice.

Gather information

Get The Facts On Distracted Driving

Every day drivers in Texas and all over the nation are involved in accidents resulting from distracted driving. While younger drivers are particularly at risk, people of all ages participate in the dangerous behavior, whether it involves use of a mobile device or taking your mind off the task at hand. The following information illustrates just how dangerous these behaviors can be and why it’s the responsibility of all drivers to see that they stop.

Distracted driving goes beyond just using a smartphone behind the wheel. According to EndDistractedDriving.org, there are actually three types of driving distractions motorists can fall victim to. Visual distractions entail taking your eyes off the road. Even a moment of inattention can lead to a significant accident in some cases. Cognitive distractions occur when your mind is occupied elsewhere instead of on operating the vehicle. Manual distractions are those that involve taking your hands off the wheel. If you’ve ever reached over to adjust the radio or GPS that counts as a manual distraction.

A spinal cord injury is just the beginning of health issues

No one thinks it will happen to him or her. Then, that worst-case scenario that you don't want to think about happens. You end up in an accident and suffer severe injuries. In the immediate aftermath, you may not realize just how injured you are.

When your doctor conducted an examination at the hospital, it became obvious that you suffered a spinal cord injury. At this point, you may have a million and one questions regarding your future.

Defining loss of consortium

Many in The Woodlands may question the merit of one filing a wrongful death lawsuit given that such action is not likely to truly compensate for the loss that he or she suffered. There may be a grain of truth in that logic; wrongful death actions are indeed meant to deliver compensation. Yet while filling the emotional void left by a loved one may indeed be impossible, the law does allow those ruling on such an action to attempt to do so by awarding noneconomic damages. 

Texas' Civil Practice and Remedies Code lists loss of consortium among those elements that qualify as "noneconomic damages." Loss of consortium refers to one being deprived of the social benefits that a decedent may have provided. The law recognizes that such benefits can be as important and impactful as any financial support one might have provided to those he or she left behind. Thus, those who would have benefitted from them can be compensated for such a loss. 

Complications linked to vaginal mesh result in lawsuit

Vaginal mesh is a medical device that is commonly used to treat urinary incontinence in women. While this procedure is touted as safe, the fact remains that numerous women have experienced significant complications, including debilitating pain and discomfort. These effects are so serious that some women have even elected to file lawsuits claiming citing negligent medical care.

According to CBS News, vaginal or pelvic mesh has been cited in tens of thousands of lawsuits since its approval. Along with claimants in the U.S., Canada, and the United Kingdom, a group of women in Australia have recently filed suit over claims that these medical devices caused serious harm. Allegations state that the U.S. manufacturer Johnson & Johnson failed to fully disclose the risks associated with these devices and that testing was not comprehensive. Out of the nine devices cited in the lawsuit, Johnson & Johnson has removed five from the market. Additionally, the U.S. Food & Drug Administration recently changed the classification of vaginal mesh from moderate to high-risk.

How can I be a better driver?

It’s up to all Texas motorists to drive safely. This entails following the laws, being courteous, and taking care to make safe driving a priority at all times. Even if you’ve been driving for a number of years, the following tips from Business Insider can help your refresh your memory and improve your driving ability.

Maintain situational awareness

Can you sue for experiencing drug side effects?

You expect that after taking the prescription medication that you picked up from your pharmacy in the Woodlands, you will begin to feel better. Yet after taking it, another health issue (seemingly unrelated) makes you feel even worse. What you are experiencing is a side effect, and it common with prescription drugs. The reason side effects happen is two-fold: first, medications work by suppressing certain natural reactions and bodily systems, which can produce outcomes other than treating your condition. The second reason behind drug side effects is due to the fact that everyone reacts to drugs slightly differently. Yet while drug side effects are common (and often even expected), the question is whether you are able to hold a drug manufacturer liable for having experienced them. 

The answer to that question depends on the side effects themselves. Medications are typically not made available until their effects (and side effects) can be identified through clinical trials. Part of the criteria for sending drugs to the market is listing their most common side effects on the drug label. Listing them informs you of the potential adverse effects you may experience by taking the drug, which may be viewed as absolving the drug's manufacturer of liability. For this reason, drug companies are typically very thorough in listing side effects. Indeed, research information shared by Science Daily shows that the average drug label has over 70 potential side effects listed. 

Young children suffer traumatic brain injuries in crashes, too

Without a doubt, child car seats save lives. You may be a parent who knows that first hand after being involved in a serious motor vehicle accident. Regardless of the damage to your vehicle and you, your child appears to be injury free -- at least on the outside.

Even if your child appears okay at the scene, that does not necessarily mean it will last. Many injuries such as traumatic brain injuries often take time to manifest symptoms, and by the time they do, it could be too late to avoid at least some damage.

The impact of misuse on product liability claims

Whenever the use of a product results in an injury or illness suffered by you or a loved one, scrutiny will almost immediately fall on the product's manufacturer as to its safety. At least, that is the attitude that many have when they come to see us here at The Leigh Law Firm. We often must distinguish for them when a case might actually point toward product liability. You see, whether or not a product is at fault for your injury or illness (and by extension, whether its manufacturer is liable to you) depends largely on the unique circumstances of your case. 

Say you that buy a medication meant to relieve indigestion. A friend, however, tells you that the exact same drug works wonders if you ever have a severe headache. So you take the medication upon having a headache and suddenly get ill. Its manufacturer might argue that your suffering is due to an unintended use. In a ruling issued by the Texas Court of Appeals, the state recognized that unintended use can be a valid defense in a product liability case if its misuse was unforeseeable by the manufacturer. In other words, if an indigestion drug manufacturer couldn't have foreseen people taking it to relieve headaches, then it cannot be held liable. 

Steps to Take After a Car Accident

It’s a sad fact that accidents can happen to even the most cautious Texas drivers. While you can’t always prevent car crashes from occurring, knowing how to react in the aftermath can be extremely helpful. In this case, Esurance.com offers the following step-by-step guide.

Step 1: Focus on Safety