As the weather warms and school lets out, people are more likely to spend time outside. While getting fresh air is a good thing, cars and pedestrians are a dangerous mix. Hospitals and emergency centers treated more than 129,000 pedestrians for crash injuries in 2015. That is an average of traffic crash pedestrian injuries occurring every seven minutes.
Injuries aren’t the only concern when it comes to pedestrian and car collisions. Vehicle versus human collisions may lead to death. In fact, more than 5,300 people were killed in 2015 after being struck by a car, truck or commercial vehicle. The National Highway Traffic Safety Administration estimates that a pedestrian is killed every two hours in traffic crashes. Further, 14 percent of all traffic crash fatalities were pedestrians.
Children between the ages of five and nine are at the greatest risk of being struck by a vehicle. Because these types of collisions can lead to lifelong injuries or death, it is imperative that motorists take precautions to avoid such collisions.
According to the National Highway Traffic Safety Administration, 35 percent of car collisions occur during the summer months, alone. This is more than any other time of the year. Drivers have a duty of care to adhere to and must exercise reasonable care under certain circumstances. The following are actions drivers can take to avoid negligence:
When you are driving, look out for pedestrians everywhere. While safety is a shared responsibility, your vehicle is much larger than the average human—making it extremely deadly.
Driving slower at night or during a summer storm can save a life. Slowing down widens your of the road, sidewalks and side streets. Additionally, it gives you time to react to unsuspecting incidents.
Rolling a stop sign is never a good idea. The sign exists for your safety and the safety of motorists and pedestrians around you. While you may think you’re an excellent and attentive driver, you may not see smaller objects like a child on a bike.
Pedestrians in crosswalks have the right of way. Stop far enough from the crosswalk to give other vehicles an opportunity to see pedestrians crossing.
A vehicle stopped at a crosswalk may be waiting on a pedestrian to cross. There may be people that you cannot see from your position. The best way to avoid causing traffic crash pedestrian injuries is to wait for the vehicle in front of you to clear the path than to go around.
Never drive under the influence of alcohol and/or drugs.
Speed is a major factor in reaction time and how much of the road you can see. Most importantly the severity of a victim’s traffic crash pedestrian injuries can be attributed to how fast a motorist was driving. As noted above, following the rules of posted signs is the best thing you can do decrease your chances of severely or fatally injuring a pedestrian.
Reverse at a slow enough rate that you have time to react to pedestrians who move into your path.
In 2016 distracted driving claimed 3,450 lives. Sending or reading a text takes your eyes off the road for five seconds. At 55 mph, that’s the equivalent of driving an entire football field with your eyes closed. You cannot safely operate a motor vehicle unless driving has your full attention.
Contributory negligence may be assessed against a pedestrian if they fail to exercise reasonable care for his or her own safety. Because of this, pedestrians also have a responsibility when it comes to traffic safety. Pedestrians that fail to exercise such care will likely be found to have contributed to the cause of their own injuries.
The Carlson Law Firm has more than 40 years of experience helping those who have been the victim of another’s negligence. We are a compassionate and caring firm who puts the needs of our clients ahead of our profits. If you have suffered an injury or a loved was killed at the hands of a negligent driver, contact our firm right way. We have a personal injury attorney ready to assist you on your journey to recovery. Contact The Carlson Law Firm today to discuss your traffic crash pedestrian injuries.
The latest research and data provided by the Centers for Disease Control and Prevention (CDC) reveal that falls, being struck by an object and auto collisions are the leading cause of Traumatic Brain Injuries (TBI) in the United States. These type of injuries do not only have the potential to effect the patients memory, movement, sensation and emotional functioning, their families can also experience lasting effects.
In 2013, TBI was the diagnosis in more than 282,000 hospitalizations and 2.5 million emergency room visits.
Most mild TBIs will only require plenty of rest for the patient. Although this seems simple, it is important to follow the healthcare provider’s instructions for complete rest. Additionally, doctors will recommend when it is best to return to normal activities. In fact, patients who return to normal activities prior to their healthcare providers recommendations may experience TBI symptoms all over again. This can lead to prolonging the healing and recovery process.
The initial treatment of traumatic brain injury has the purpose of stabilizing the patient immediately following their injury. As soon as the patient arrives at the hospital with a TBI, initial treatment will take place. After the patient is stabilized, they are transferred to a specialized trauma care unit where care will be provided by the critical care nursing staff. The trauma center is usually located within the emergency department. The nurses will assess and monitor body functions, monitor the patient for signs of pain and infection and respond to any life-threatening changes.
A variety of diagnostic tests will be conducted to determine what is taking place internally after the injury. X-rays, CT scans and MRI’s of the brain will be used to help determine where the damage has been done and if there is any bleeding, swelling or skull fractures.
Imaging of the cervical spine may be completed to out rule any neck or spine injuries. Often times when someone suffers a traumatic brain injury, the neck and spine are also impacted.
The overall goal of surgical traumatic brain injury treatment is to prevent secondary injury by maintaining blood flow and oxygen to the brain as well as helping minimize swelling and pressure.
Surgery does not correct the problem in a closed head injury. However, if mechanical ventilation to support breathing and help keep the pressure down in the patient’s head, it may be required for a device to be surgically placed in the brain cavity to monitor and help control intracranial pressure. If bleeding is occurring in the skull cavity, it may be drained and bleeding vessels or tissue may need repairing.
Open-head injury skull fractures often require surgery to repair the injury. In addition, surgeons may remove damaged tissue.
Removing clotted blood. Hematomas, large areas of clotted blood may form due to the bleeding in the brain or between the brain and skull. This would cause pressure on the brain and damaged brain tissue.
Repairing skull fractures. Removing pieces of the skull and other debris from the brain will help start the healing process of the skull and surrounding tissues.
TBIs can cause the patient to ride an emotional rollercoaster. They may seem moody or have outbursts unexpectedly. Not only will the patient need emotional treatment, the patient’s family will also need guidance and support on how to cope with their loved one’s personality changes.
Most trauma centers have a psychologist on their team who will help the patient and the patient’s family with counseling and education about the injury and assist with decision making during a crisis. Besides preparing the patient and their family emotionally to face the likely struggles that will arise at home, the psychologist will also assess the cognition of the patient.
Many patients will proceed to a rehabilitation facility following care at a trauma center.
Many TBI patients will attend Rehabilitative Care Center Treatment where they will receive help with restoring their daily life.
The goals of rehabilitation are to:
Stabilize the medical and rehabilitation issues related to the brain injury.
Prevent secondary complications such as pressure sores, pneumonia and contractures.
Restore lost functional abilities including limited ability to move, use the restroom, talk eat and think.
Enhance functional independence with adaptive devices.
The staff caring for the patient will analyze what changes may be required when the patient goes home.
The patient will participate in therapy daily with the guidance of a physical therapist. These experts will assess the patient’s:
The need for a walking aid
Quality of movement
Coordination of movement
Increased sensation of sensory-motor activities
An occupational therapist will also work alongside the patient to help determine the best ways to perform daily living skills such as bathing, dressing and personal hygiene. The patient’s functions and potential complications related to the movement of upper extremities, daily living skills, cognition, vision and perception will be assessed by the occupational therapist.
Medications are used to treat the symptoms of TBI as well as to lower some of the risks associated with the injury. Some examples of medications used for TBIs are:
Anti-anxiety medication lessens feelings of fear and nervousness.
Anticoagulants are used to prevent blood clots.
Anticonvulsants are used to prevent seizures.
Antidepressants treat symptoms of depression and mood instability.
Muscle relaxants help reduce muscle spasms.
Stimulants to increase alertness and attention.
It is impossible to place a timeframe on the recovery of a TBI because no two people are exactly alike making each brain injury unique. The recovery is going to vary based on the individual and the brain injury. For example, patients over the age of 60 and under the age of two have a more difficult time recovering than someone who suffered the same type of injury in a different age group. Recovery from a traumatic brain injury may take months, years and for some it will be a lifetime of recovery.
If you or a loved one suffered a TBI because of the negligence of another, don’t go another moment without speaking to a qualified Traumatic Brain Injury Lawyer. The Carlson Law Firm has a team of compassionate attorneys, on staff nurses and private investigators ready to heavily invest in your case to help prove fault. Your well-being is top priority and we will ensure you receive the appropriate medical attention. We will use every resource necessary to fight for maximum compensation on your behalf. Contact us today for a free consultation. We care, we can help.
Currently, short of death, it is nearly impossible to have your student debt forgiven—even during bankruptcy. However, the 20-year-old rule that forbids most people from using bankruptcy to wipe clean their student loan debt is under scrutiny after a Wall Street Journal report showed that some judges are more open to helping debtors with crushing student loans.
While this doesn’t create an avenue for everyone drowning in student loan debt, it does give a glimmer of hope to those struggling to repay student loan debts because of low wages and other economic hardships.
Judges are trying to help student loan debtors in a variety of ways. For example, some judges are suggesting potentially eliminating tax bill that links to student loan debt relief or debt cancellations after 25 years through federal repayment programs. Another example includes allowing student loan borrowers to make full payments during the Chapter 13 debt repayment period. Further, judges across all political leanings want private student loan debt from unaccredited schools canceled.
There is a generation of young adults who are struggling to get their head above water. Student loan borrowers in the United States collectively owe almost $1.5 trillion in student debt. According to the Brookings Institute, nearly 40 percent of borrowers will default on their student loans by 2023. Average students in the class of 2015 have $37,172 in student loan debts. Because borrowers are struggling to repay student loan debts because of low wages and other economic hardships, bankruptcy is often one option that gets floated.
Student loans are now the second highest consumer debt category—behind mortgages. However, unlike credit debt or mortgage debt, students loans traditionally cannot be dismissed by bankruptcy.
Some experts are unable to explain the rationale for the student loan “no bankruptcy” exception. While others agree that it grew from a concern that student loan borrowers could take advantage of bankruptcy laws. For example, the law prohibits students from borrowing debt, earn a degree and then file for bankruptcy.
There are, however, exceptions such as the difficult to qualify for Brunner Test.
The Brunner test is the legal test in all circuit courts except the 8th and 1st circuits. The 8th circuit court uses a totality of circumstances, which is similar to Brunner. On the other hand, the 1st circuit has yet to declare a standard.
To qualify for financial hardship under the Brunner test, you must meet three conditions:
While there are several variances across federal districts, this is just the basic framework.
In order to qualify for a student loan discharged through bankruptcy, an adversary proceeding (a lawsuit within bankruptcy court) must be filed. During this process, a debtor claims that pay the student loan would create an undue hardship for the debtor.
Before 1976, you could discharge your student loans in bankruptcy. Congress, however, changed the law. Requiring student loans have been in repayment for five years. A few years later, that period was extended to seven years.
In 1998, Congress removed the option unless a debtor could show that paying the student loan would create an undue hardship. Further, in 2005, Congress extended this protection to include private student loans.
Making the decision to file for bankruptcy can be tough. However, it is not the black mark many people think it is. Instead, it is a way for you to get your life back without having to worry about harassing phone calls. The Carlson Law Firm can help you start over. If you are in the Waco or Killeen-Temple area, contact our firm to speak with leading Bankruptcy Attorney Vicki Carlson.
According to The American Burn Association, nearly 97 percent of patients treated in burn centers will survive. However, many of those survivors will have to face severe scarring, life-long physical disabilities and adjustment difficulties. Burn injuries are not only catastrophic on the body; they greatly affect the mind and wallet as well.
The American Burn Association reports that in the U.S., 486,000 burn injuries received medical treatment in 2016.
Intentional burns or burns that were the result of negligence can be grounds for a personal injury claim. If you have suffered burn injuries as a direct result of another party’s negligence, you have the right to file a burn injury lawsuit.
It is wise to consult with an experienced attorney who will help you gain a better understanding of your claim and the legal steps you need to take.
Be mindful that the statute of limitations in Texas typically allows two years after the date of injury to bring a claim. This means that if you wait for that date to expire, you are giving up your right to file a claim forever for that particular injury.
The consequences of a severe burn injury can impact many aspects of the victim’s life. These consequences go far beyond the cost of medical treatment.
Explosions can cause significant damage in the blink of an eye. However, there are two damages you can recover for your burn injuries. Economic damages refer to damages for financial losses. On the other hand, non-economic damages refer to non-financial hardships. Both types of damages are considered compensatory damages since they compensate the victim. Some recoverable damages include:
Medical expenses- Burn injuries are costly because they require a lot of medical care to minimize the extent of the damage and alleviate the excruciating pain the patient is suffering.
Loss of enjoyment in life- Patients who experience a severe enough burn may no longer be able to participate in activities such as playing sports with their children.
Loss of income- Many burn injuries require missed time from work which means a loss of income to the victim and their family.
Loss of earning potential- Since burn injuries have the potential to cause disabling injuries, the victim’s ability to return to work in the same capacity prior to their injury may be reduced or completely diminished—in some cases making it difficult to earn a living.
Pain and suffering– Burn injury victims are not only faced with pain from their injuries, but they also experience substantial mental anguish. Many victims will experience lower self-esteem due to the scars and disfigurement that are a result of their burn injury.
Physical therapy and rehabilitation- Some burn injuries will require the patient to attend costly physical therapy and rehabilitation, especially if the burn affected a major joint.
Surgical costs, e.g., skin grafting- In severe cases, burn injuries will require reconstructive surgery after the initial burn wounds have healed to repair the damaged skin while mending the appearance of the injury.
Disfigurement and emotional suffering- Physical scars and disfigurement are some of the most immediate consequences after an explosion or fire and cause emotional pain such as depression and embarrassment.
You can bring a claim against any person or entity responsible for the explosion that led to your injuries. Similarly, you can hold parties accountable for not taking reasonable action to ensure your safety. Further examples of potentially liable parties include:
- Anyone who caused your burn injuries through an act of negligence.
- The person or entity that manufactured the product that caused your burn injuries.
Explosion lawsuits typically involve workplace accidents, auto accidents, and mishaps in residential areas.
It is important to keep detailed documentation of your injuries to help prove the person who caused your injuries should be held accountable. Some examples include:
- Photographs of the injuries
- Medical care and expenses
- Witness testimony
- Lost wages or loss of income
The main thing to understand is the defendant will have their insurance company fighting back to do everything in their power to get you to settle for far less than what you deserve.
A successful burn injury case has to be handled a certain way. A qualified injury attorney will have the skill and resources needed when trying to hold the responsible party accountable. Further, a knowledgeable burn injury attorney is well aware of the elements in a burn injury case.
Duty– You must prove that the defendant owed you a duty of care.
Breach of duty– The person responsible for your burn injuries breached his or her duty of care.
Causation– You must prove that the breach caused your injuries. If the breach is unrelated to the incident that burned you, you most likely do not have a case.
While most claims resolve with a settlement, if this is not possible in your case, it may become necessary to file a lawsuit and take the case to court. Not all cases will require trial and a jury, but it is wise to prepare and hire an attorney who has trial experience. A large part of getting fair compensation in a burn injury lawsuit is making sure the jury has an understanding of the full extent of your injuries and how much suffering you have already endured and will continue to endure due to the defendant’s negligence. A jury will arrive at a verdict after evaluating the evidence and listening to the arguments presented by each party’s attorney.
If you sustained burn injuries due to the negligence of another, we want to help. The Carlson Law Firm has been helping burn injury victims recover fair compensation for over four decades. We have the necessary experience and resources needed to prove liability and fight for maximum compensation on your behalf. Let us deal with the burden of dealing with the insurance companies while you take the time to get better. Contact us today for a free case evaluation. We care, we can help.
|Summer camp is a great way to keep kids occupied and socialized when school is out. Because of this, more than 11 million children and adults attend either a day or overnight camp each year. When most people think of summer camp, they think of campfires, long games of baseball, kickball and tennis and not to mention fun in the swimming pool or lake. There’s no doubt that kids make long-lasting memories at summer camp. But the unfortunate reality is that serious injuries are also common occurrences that can dampen one’s experience and lead to long-term, or even permanent, disability. Some of the injuries seen most often in camps include:|
It is possible for children to be injured on their way to or from the summer camp. For example, if the bus they travel on is involved in an accident, your child can sustain serious injuries. Because most buses do not employ the use of seat belts, children can be injured if they are thrown from their seats or if their heads hit the back of the seats in front of them. It is the responsibility of the bus driver to get children to and from the camp safely, and the driver is liable for any injuries that occur as a result of a bus accident.
While most people think of drowning when they think of pool accidents, this is just one of many injuries that occur in and around the popular camp attraction. Children often suffer injuries in slip and fall accidents when running around the pool or from roughhousing with a fellow camper in the water. Most of these accidents occur when there is not enough supervision in the high-activity area.
Heat Stroke or Severe Sunburns
Campers often spend hours out in the sun and heat, engaging in outdoor activities. When counselors fail to encourage proper hydration and sunscreen application or allow for adequate rest, the consequences can be devastating to campers. Heat stroke is a medical emergency that occurs when the body’s temperature rises too high. This heat illness can lead to central nervous system injury or even death, if not treated quickly.
Misuse of Equipment
Most summer camps boast an impressive collection of sporting and outdoor equipment. Poorly kept grounds and dangerous playground equipment can lead to serious injuries for children. This type of accident can cause cuts, scratches and broken bones. While intended for use among children, many of these items can cause harm when used incorrectly. This is frequently the case when staff leaves campers unattended or staff received improper training on the correct use.
Over the past few years, there have been several high profile cases surrounding child abuse at local camps. For each of these highly-visible cases, there are dozens of instances that are never reported, or settled privately out of the courtroom (and out of the spotlight). Abuse may include physical, sexual or verbal harm that can have long-term effects for the victims. When summer camps fail to conduct background checks on their employees, it is all too easy for a staff member to commit abusive acts.
Before sending your child to camp, the camp requires you to provide a detailed list of allergies. While most camps take great efforts to consider the allergies of all campers when preparing food, there is often cross-contamination or administrative missteps that can cause a child to be given the wrong dish or, even, medicine. This can ultimately lead to an anaphylactic reaction. These accidents can be deadly for the victims.
It may not even occur to you that an explosion can happen at summer camp. However, four students were hospitalized with explosion injuries after a Bungalow explodes at an upstate New York summer camp. Many of America’s summer camps are extremely old of. When a camp owner hasn’t put in the proper repair or maintenance, extreme situations like explosions can leave your child seriously injured.
Illnesses are the most common condition that affects children in summer camps. Gastroenteritis, contagious diseases and even sunburns are illnesses that can severely injure a child. Children can end up with permanent scarring or damage to internal organs if an illness if left untreated. You may hold the staff and camp responsible if the camp staff does not treat or take the condition seriously. Further, a camp can be held liable if the camp is unsanitary or food is mishandled.
Who is Responsible for Keeping Kids Safe at Summer Camp?
Generally, the camp assumes responsibility when it comes to keeping your children reasonably safe. Because summer camps operate under the legal theory of premises liability, they owe a duty to ensure that activities are safe and minimize injury risks. Further, the camp has a responsibility to perform background on staff. Camp organizers should ensure that all staff who will come into contact with children have clean backgrounds. For example, organizers should look out for red flags like criminal convictions for sexual assault, child abuse and other dangerous past behavior. A camp may be liable if it fails to perform such a check or hires someone knowing their background. Further examples of camp negligence include:
Keep in mind, the camp is not responsible for all injuries. For instance, there is an assumed risk when signing your child up for a risky activity like football camp. Children suffer injuries at summer camp, that’s a part of life. However, whether or not the camp is responsible depends on your specific situation. If you believe the camp is at fault for your child’s injury, contact The Carlson Law Firm today. A free case evaluation with a Child Injury Lawyer from our firm is your first step to ensuring your family receives the recovery you deserve.
Legal Responsibilities of Children’s Camps
Camps, and all childcare facilities including daycares, sports programs and schools, have the legal responsibility to take actions to prevent these injuries. Unfortunately, many are careless in their hiring, training and oversight of employees. This level of negligence can lead to disastrous results for campers and their families.
You may not always realize the full impact of these injuries the time they occur. The experienced legal team at The Carlson Law Firm has spent over 40 years handling countless injury claims.
Contact The Carlson Law Firm anytime for a free consultation with one of our 40 attorneys. We will take time to understand your case. Moreover, we will work with you to get your child the compensation they need to heal and move forward.
A family is alleging that their minor child is now living with a wire lodged in his ankle after a major cable and internet provider technician negligently left a wire behind. The Carlson Law Firm’s Steve Dummitt has filed a lawsuit on behalf of a San Antonio family after what should’ve been ordinary yard work ended in a trip to the ER.
Days before our young client began mowing his lawn, a technician from a major cable and internet provider installed services in his San Antonio home. Upon completing the installation, the technician left the home in a hurry without bothering to clean up dangerous debris, such as metal wires, outside of the home.
Our client began the chore wearing just a t-shirt, jeans and sneakers—normal teen lawn-mowing attire. Minutes into the job, he mowed over the metallic wire negligently left behind by the cable and internet technician. Without warning, the wire accelerated by the lawn mower blade, shot from its hidden position in the grass and lodged into the front of the child’s left ankle.
Because of the technician’s rush to complete the job, he was negligent in cleaning up dangerous materials. Consequently, the wire firmly embedded into our client’s ankle. With the pain pulsating through his ankle, our client’s family rushed him to the hospital. After arriving, the medical team made its first attempt to remove the wire from our client’s ankle. Unfortunately, this initial attempt to remove the wire resulted in the wire breaking off into the client’s bone.
As a result, hospital staff performed surgery in an attempt to remove the remaining wire. This, however, was also unsuccessful and the wire broke into another small piece. Because the wire broke below the joint line, hospital staff decided not to proceed with more attempts to remove it. Our client’s healthcare professionals believed that they would further damage our client’s ankle if they continued.
“Many people may not know that they can hold companies responsible when their employees are negligent in this way,” Dummitt said. “It’s very easy to blame yourself because of someone else’s fault. But when there is a direct correlation between your injury and the activities of another person, you should contact an attorney. We already know summer is trauma season for children 17 and under; kids get injured at camps, water parks and everything else imaginable. But the injury this young client experienced was an entirely preventable summer injury that happened in the place he should be safe from a company’s negligence. His own home.”
It is common knowledge that lawn mowers can shoot debris at the same speed as a gun. However, to some, it may be unclear to just how serious and life-altering these injuries can be. To this day, our client is living in pain with a metal wire embedded in his ankle.
Mowing the lawn is a great way to build character and teach a child the value of hard work. It is also a way many young people can earn extra money or an allowance during the summer months. Although the lawn mower, itself, is associated with injuring more than 4,500 children through cuts, burns and amputations each year, there are several other surprising dangers that even the most careful and experienced lawn mower operator can’t prepare for.
The case is currently in the beginning stages of litigation. But it still remains a lesson for cable technicians who are often in a rush. Taking a few extra seconds to clean up after yourself can keep kids working toward being responsible or earning a little money this summer safe.
When the kids are out of school, you think of ways to keep them occupied. Instilling responsibility and values through lawn care is just one of the many ways parents accomplish this. As part of the lawn mowing process, we often look for large rocks or toys left in the yard. A small wire left behind by a cable and internet technician is not something that would regularly cross anyone’s mind. These employees have a responsibility to you and your family. Part of that responsibility is to keep all hazardous material clear of situations that could injure you or your children. You should not have to pay for the negligence of a company or their employees. Contact The Carlson Law Firm to schedule a free consultation with a qualified personal injury attorney.
The California Department of Industrial Relations said Monday that the Cheesecake Factory, along with a janitorial contractor, was found liable in a $4.2 million wage theft case. The involves hundreds of underpaid janitorial staff at eight of the company’s California locations. The finding sends a strong message to businesses that they will be held accountable for workplace violations—even when workers are hired by contractors.
The case stems from janitors who were contracted to work at Cheesecake Factory restaurants in Orange and San Diego Counties. Workers would begin their shifts around midnight and work until morning without proper breaks for meals or rests. Further, they were not allowed to leave until kitchen managers conducted walkthroughs to review their work. According to the Department of Industrial Relations’ investigation, these walkthroughs often resulted in additional tasks that led to workers logging up to 10 hours of unpaid overtime each week.
The Cheesecake Factory had a contract with Americlean Janitorial Services Corp. Americlean provided janitors to the restaurant from subcontractor Magic Touch Commercial Cleaning, the company responsible for paying the $3.94 million in unpaid wages and $632,750 in penalties. However, if Magic Touch does not pay, then the Cheesecake Factory and Americlean Janitorial Services are responsible for the $4.2 million in fees.
Magic Touch is a San Diego based business. The business was later renamed Z’s Commercial Quality Cleaning. According to the Department of Industrial Relations spokeswoman Erika Monterroza, the name change was “an attempt by the owner to evade enforcement.” Companies that use wage theft as a business practice will get rid of the business under investigation and open a new business. Often, these businesses will use another colleague or relative to start the new business. However, in this case, the owner, Zulma Villegas, opened the new business as herself.
Janitorial workers are often paid “way less” than minimum wage. These industries are for the most part cash industries, which can make it difficult to document wages.
If you believe that your employer is not paying you all of the overtime that you deserve contact our firm. Further, we can help you prove that your employer improperly took a portion of your tips or that you are receiving less than the minimum hourly wage. It is in your best interest to consult a Wage Loss/FLSA attorney. Here at The Carlson Law Firm, our lawyers are ready to help you with wage and hour law violations. We handle claims throughout the state of Texas, as well as across the country.
Contact our firm to schedule a free consultation. We would be happy to discuss your claim in confidence and provide free consultations to answer your questions and evaluate your claim.
Child electric shock injuries can occur in the blink of an eye. Turning away for just a moment to start dinner, paired with a toddler’s increasing freedom and natural curiosity can lead to extremely dangerous situations. Young children, particularly toddlers, are most at risk for electrical shock. For example, they most often experience electric shock injuries when they bit into electrical cords or poke metal objects just as forks, knives or screwdrivers into unprotect outlets or appliances. Further, child electric shock injuries can occur when a child is sitting or standing in water with electrical appliances around.
In the United States, electric shocks are responsible for approximately 1,000 deaths or 1 percent of all deaths. In order to prevent child electric shock injuries, it is extremely important for parents to take the necessary precautions.
Electric shocks occur when electric currents pass through the body. The severity of the shock depends on several factors:
- the amount of current (amperage);
- the type of current (direct or alternating);
- the body’s resistance to the current;
- the current’s path through the body;
- And the amount of time the body remains in contact with the current.
Most children can tolerate a current of 3 mA to 5 mA. These numbers are much lower than the current generated by most circuit breakers—the electrical switch designed to interrupt electrical flow—when there is an excess of electrical found in the home.
Children account for approximately 20 percent of all electrical injuries. The incidences are highest among toddlers and adolescents. For children aged 12 years and younger, household appliance electrical cords and extension cords cause more than 63 percent of injuries. Wall outlets are responsible for 15 percent of electric injuries. However, in infants, putting metal objects in their mouths is the most common cause of electric shock injuries.
Much like adults, the outward physical appearance of electrocution may be minimal. However, severe burns will appear on whichever part of the body touched the current source. Symptoms often depend on the strength of the voltage and how long the individual was in contact with the electrical current.
When electric shock occurs in young children or toddlers, it may difficult or impossible for them to communicate or explain their symptoms. Generally, symptoms of child electric shock injuries that parents should look out for include:
- Severe burns on hands, heels or head
- Burns to the mouth that are red in appearance
- Shortness of breath
- Chest pain
- Abdominal pain
Burns are typically red or dark and charred appearance. Other injuries are possible if forceful muscular contractions throw the child from the electrical source.
When an electric shock occurs, it is important that you do not touch the victim while the current is still flowing. Doing so can electrocute you.
If the electric shock happens in the home, immediately shut off the main power. If that cannot be done, and the current is still flowing through the child, stand on a dry, nonconducting surface, such as a folded newspaper or newspaper and using a nonconducting object such as a wooden broomstick or dowel rod, push the child away from the current source.
Immediately call for emergency medical help. If you are trained to perform cardiopulmonary resuscitation (CPR), immediately begin the process.
A person shocked by a high voltage (500 volts or more) should be evaluated in the emergency room or clinic. Any person present at the scene of the accident should immediately call 911.
Brief low voltage shocks (110-220 volts or less) that do no result in any symptoms or burns may not require care. However, it is important that parents consult with their healthcare provider if the child has any noticeable burns to the skin. Further, no matter how mild, parents should keep an eye the child experience numbness, tingling or vision, hearing and/or speech problems.
Again, the treatment for a child electric shock injury depends on the severity of the injuries. Doctors typically treat minor burns with topical antibiotic ointments and dressings. On the other hand, severe burns may require surgery to perform skin grafting or to clean the wounds. Further, severe burns on the arms, legs or hands may require amputation to remove damaged muscle or nerves.
The severity of the shock influences survival and long-term effects. Electric shocks cause death in 3-15 percent of cases. Infection is the most common cause of death in hospitalized victims following electrical injury. Electrocution can damage the brain, leading to permanent disorders such as seizures, depression, anxiety and other personality changes.
Importantly, low voltage shocks don’t usually produce the extreme damage found in higher, more severe shocks.
Parents, guardians and child care providers must be aware of possible electrical dangers in the home. For example, you should replace or discard damaged electric appliances, wiring, cords and plugs. Your child should know not to use hair dryers, radios and other electric appliances in the bathroom. The appliances may accidentally fall into the water and lead to severe electrocution injuries.
Young children should be taught about the dangers of using extension cords and other electrical appliances around water. Further, they should be taught about the dangers of playing with electricity as early as possible. Parents and other adults around a child should never allow the child to play with any electrical cords or outlets. If young children are present in the home, cover all exposed electrical outlets with childproof outlet covers.
Teenagers share the same propensity for danger and curiosity as toddlers. For that reason, teens should be aware of the dangers of climbing on power towers, playing near transformers or exploring electrified train rails and other electrical systems.
If you are the parent of a child who suffered electric shock injuries as a result of a negligent homeowner, business or child care provider, contact our firm today. The Carlson Law Firm has a qualified Electrocution Lawyer who can navigate the legal system on you and your child’s behalf. We can help you recover the costs of medical bills and other compensation as a result of your child’s injuries.
A single spark can cause catastrophic damage. Depending on the location of where the spark occurred, there is the potential of experiencing a tragic explosion. When explosions occur in a confined space, the mortality rate is 49 percent compared to the 8 percent mortality rate of open-air explosions. Aside from death, one can experience tragic, life-altering injuries from explosions.
An explosion is the extraordinary release of energy after a rapid increase in volume. Explosions typically occur when extreme heat generates a gas release. Generally, explosions are categorized by the source or mechanism that produced the explosive pressures. Explosions are broken down into four different categories:
- Mechanical- a high-pressure gas produces a physical reaction, vessel failure or rupture of the container.
- Chemical- often initiated by an electric spark or flame and involves a rapid and violent oxidation reaction that produces large amounts of hot gas.
- Electrical- a high-energy arc forms which rapidly vaporizes metal and insulation material.
- Nuclear- occurs due to the result of the rapid release of energy from a high-speed nuclear reaction.
Further, they are classified as either high-order explosives (HE) or low-order explosives (LE).
- High-order explosives have a blast wave, a supersonic pressure wave.
- Low-order explosives lack the blast wave, instead, they have a subsonic explosion.
Explosions can occur in a variety of locations. They can occur at home or on the job including oil and gas extraction sites, chemical plants, construction sites, businesses, roadways (motor vehicle collisions), manufacturing facilities, restaurants, hotels and other locations.
In many cases, a negligent person or company is directly or indirectly responsible for the explosion. Overlooked safety hazards, operator error, negligence on behalf of the supervisor and/or employees or pure carelessness are many times the cause of explosions in a variety of settings.
There are four categories that explosion injuries are divided into: primary, secondary, tertiary and quaternary. All explosion injuries may call for compensation, so it is crucial you seek legal guidance from an experienced Explosion Injury Lawyer as soon as possible.
High order explosions cause primary injuries which may have a delayed presentation with no initial sign of injury.
Blastwave injuries: These injuries are the result of a high-pressure wave of an explosion coming into contact with your skin. The over-pressurization can affect the lungs, auditory organs, the eyes, brain and gastrointestinal tract and may be subtle with delayed presentation. Possible injuries include:
- Blast lung- injury to the lung parenchyma
- Blast ear – membrane rupture and middle ear damage
- Blast brain – injury to the brain parenchyma (even without direct injury to the head)
- Blast eye – rupture of the globe of the eye
- Blast belly – abdominal hemorrhages
Secondary injuries are more common than primary injuries and account for the majority of injuries from an explosion. These type of injuries may either be obvious or be deceiving.
Flying debris injuries: Someone may experience flying debris injuries when fragments released and accelerated by the explosion penetrate or strikes the body. There is a risk of blindness with flying debris injuries. Examples of other injuries associated with flying debris are:
- Eye penetration
These injuries may occur when an explosion victim is thrown in the air and is impacted on another object by the blast wind. If a structure were to collapse, the victim would also be at risk of tertiary injuries. The strength of the explosion is the determining factor in the severity of injuries sustained.
Impact injuries: Bone fractures, brain injuries, traumatic amputations, and decapitation are all examples of injuries associated with being tossed during an explosion due to the impact of the blast wind. During an explosion, one’s body will be slammed against hard surfaces causing varying degrees of injuries including:
- Traumatic amputations
- Broken bones
- Soft tissue injuries
- Closed/ open brain injuries
- Heavy bruising
These type of injuries are the result after the explosion occurs or the worsening of previously existing medical conditions. Quaternary injuries may be caused by exposure to the resulting fire, fumes, biological agents, smoke, dust, and toxins from the explosion.
Physical disfigurement: Permanent burn scars to the face and other parts of the body are common explosion injuries.
Physical impairment: Paralysis affects victims tremendously. They will be prevented from enjoying daily activities that many of us take for granted. Walking, running, riding a bike and playing with their kids will no longer be what it once was. Although the impairment is physical, a large part of the damage is psychological.
Respiratory damage: Inhaling toxic or overheated fumes may lead to asthma, chronic obstructive pulmonary disease (COPD) and other lung ailments.
Examples of quaternary injuries include:
- Worsening of respiratory illness
- Angina (painful spasms, sensations of choking)
- Severe burn injuries
- Closed and open brain injuries
- Post-traumatic stress disorder
- Cancer form chemical exposure
Not only are explosion injuries painful, explosions have the potential of being deadly. Blocked exits have been known to be the cause of fatalities caused by explosions. An ineffective evacuation plan or not having an evacuation plan at all may also be the cause of someone being killed in an explosion.
Anytime a loved one dies, the family suffers tremendous harm. Aside from the grieving of their loved one’s death, family members will be greatly affected financially-especially if the decedent was the primary financial provider. In such instances, the family members of the decedents may file a wrongful death claim to hold the at-fault party accountable. Possible recoveries in a wrongful death claim include:
- Lost earning capacity
- Loss of companionship
- Funeral expenses
- Medical costs before death
- Loss of parental guidance
- Long-term financial losses
- Loss of employment benefits
- Loss of inheritance
Even if you are unsure if you have a case, it is recommended you consult with an Explosion Lawyer to help guide you through your next steps.
If you have been injured or a loved one has been injured or killed in a fire or explosion due to the negligence of another party, you may be able to hold that them accountable and file a claim to recover your losses. We have a team of compassionate attorneys, on staff nurses and private investigators that will heavily invest in your case not only to fight for maximum compensation but make sure you get the best medical treatment for a healthy recovery. We are available 24 hours a day, seven days a week. Contact us today for a free case evaluation. We care, we can help.
National Collegiate Athletic Association football players with concussion injuries could soon receive similar justice as their National Football League counterparts as the first NCAA CTE lawsuit makes its way into a Dallas court on June 11. The widow of a deceased college football player has filed a personal injury lawsuit against the NCAA alleging that the organization dropped the ball in its failure to protect young players from the neurodegenerative disease, Chronic Traumatic Encephalopathy (CTE).
Deb Ploetz, the widow of former University of Texas (UT) football player Greg Ploetz, has filed the lawsuit in the District Court of Dallas County. The lawsuit establishes jurisdiction by noting that Greg played several games and suffered concussions in the Cotton Bowl. In addition, it claims that the NCAA “failed to address the coaching of tackling or playing methodologies that cause head injuries.” Further, the suit argues that the NCAA “failed to implement system-wide return-to-play guidelines.”
Previous NCAA CTE lawsuits resulted in settlements, dismissals or are still being litigated. The lawsuit asks for damages for negligence and wrongful death. It also asks the jury to consider a variety of issues; such as physical pain and suffering, mental anguish, medical expenses and loss of earnings.
Greg played as a defensive tackle for the Longhorns in 1968, 1969 and 1971. In 1999, he received a dementia diagnosis. He spent the last few years of his life suffering from the condition as his quality of life significantly decreased. Upon his death, his brain was donated to the Concussion Legacy Foundation at Boston University. The facility determined Greg had Stage 4 CTE at the time of his death at age 66 in May 2015. Stage 4 CTE is the most severe form of the condition and causes dementia. Doctors told Deb of Greg’s CTE condition in December 2015.
If you or someone you love formerly or currently play professional or collegiate football and is suffering from complications stemming from concussions or traumatic head injury, please do not hesitate to contact The Carlson Law Firm. We have medical professionals testing players and former players to see if their condition qualifies for a case. Our law firm is capable of NFL and NCAA CTE lawsuit and is ready to fight for you. We can provide confidential case evaluations so you can explain your case to us. Moreover, we can provide you with information on the best legal recourse.