If you’ve suffered financial hardship due to flood damage, a Flood Insurance Lawyer from the team of skilled and experienced attorneys at The Carlson Law Firm can help. We are dedicated to helping those affected by life-changing events, such as Hurricane Harvey.
When events such as a hurricane occur, it is nearly impossible to be fully prepared for the damage that will be left. That is why insurance exists. Unfortunately, we have found that insurance companies will gladly take your money to give you peace of mind but will be unwilling to keep up their half of the deal once disaster actually strikes. That’s where The Carlson Law Firm comes in. We refuse to let big insurance companies take advantage of our clients. If you need help pursuing an insurance claim for a natural disaster such as Hurricane Harvey, or if you are suffering because of unethical insurance practices, our firm is here to help. Texas is our home. We have been serving residents of this great state for over 40 years.
Insurance companies often deny claims after a hurricane by attributing nearly all of the damage to flooding—which is only covered by the National Flood Insurance Program, not private insurers. If you want your insurer to honor your policy due to damage from Hurricane Harvey, or if you want to file a claim with the NFIP, you’ll want an experienced attorney in your corner. Our team has had years of success forcing insurance companies to honor our clients’ policies. Sadly, the coverage you are promised may not always be upheld by your insurance company. The good news is that our skilled Houston insurance lawyers are here to help.
Our firm’s goal is to make sure those affected by natural disasters are compensated with a hurricane insurance claim so that you can get your lives back to normal as soon as possible.
All of us are consumers. We purchase and use products and services on a daily basis. But all too often consumers are cheated, bullied or swindled by large corporations and have no idea how to fight back.
This is why there are laws in place that allow consumers the right to be safe from unsafe products and fraudulent, deceptive, or abusive businesses who want to take advantage of customers.
Through a consumer protection lawsuit, consumers can restore the financial losses they and others have suffered. They can also put a stop to the company’s offending practices, ensuring that others will not be harmed in the future. The Carlson Law Firm has extensive knowledge of the consumer protection laws that are in place to guard against unfair practices. We take the time to understand your needs as well as to examine all of the details surrounding your case to help craft effective solutions.
We are currently investigating the following:
The Fair Labor Standards Act (FLSA) is a federal law that provides a range of rights to employees, including a minimum wage, rules for handling tips, and overtime pay eligibility. More than 130 million full-time and part-time workers are currently protected by the Fair Labor Standards Act in the United States. Violations of the FLSA can be prosecuted by the federal government, or employees may take direct action against employers in court. Groups of employees that are “similarly situated” are permitted to come together to bring a “collective action” against their employer under the FLSA. The rules and regulations associated with the FLSA can be confusing, especially if you believe your employer has broken the law and you are attempting to file a claim. It is wise to contact an unpaid wages, tips, and overtime FLSA attorney for guidance.
According to Fair Labor Standards Act, if you were denied overtime pay, deprived of tips, or your pay totaled less per hour worked than the minimum wage, you may have a claim against your employer to collect compensation for unpaid wages.
As an employee, you should be aware of the following:
– Employees in Texas and across the US (unless exempt)must receive at least 1.5 times the regularly hourly rate as overtime pay for hours worked above 40 hours in a given workweek.
– Tipped employees may be paid as little as $2.13 per hour, but only if tips and direct pay total at least the minimum federal wage of $7.25 per hour (note that some states have a higher minimum wage). This is known as a “tip credit.” If an employee’s tips combined with the employer’s direct wages of at least $2.13 an hour do not equal the minimum hourly wage, the employer must make up the difference.
– Tips are the property of the employee. The employer is prohibited from using an employee’s tips for any reason other than as a “tip credit” against the minimum wage obligation to the employee or for a valid tip pool.. The FLSA prohibits any arrangement between the employer and the tipped employee whereby any part of the tip received becomes the property of the employer; a valid tip pooling arrangement is limited to sharing among employees who customarily and regularly receive tips.
Tipped employees, such as wait staff and others, are especially vulnerable to employers’ illegal acts, including:
-Allowing management employees to participate in tip pools, i.e., taking a cut of the tips
-Charging waiters and waitresses for walk-outs who do not pay their bill
-Deducting tips from the employees’ base pay
-Paying less than minimum wage to certain classifications of employees
-Failing or refusing to pay overtime when required
-Altering time cards to inaccurately reflect hours worked
Employees with similar claims can join together in one lawsuit, called a “collective action,” to pursue claims against their employer under the FLSA. The employees must be “similarly situated” to bring a collective action. This means they must be subject to a common employer policy. For example, a group of servers at a restaurant chain might bring a collective action claiming that the employer requires them to contribute to a tipping pool that includes managers. These employees are similarly situated under the FLSA and probably could bring a collective action.
The FLSA does not require employers to:
-Pay for vacation, sick leave, or holiday time
-Compensate for meal or break periods
-Pay higher wages for employees who work weekends, nights or holidays
-Give a discharge notice or reason for termination
-Provide severance pay
-Provide health insurance or other insurance benefits
How The Carlson Law Firm Can Help
If you believe that your employer is not paying you all of the overtime that you deserve, is improperly taking a portion of your tips, or you are receiving less than 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.
We would be happy to discuss your claim in confidence, and provide free consultations to answer your questions and evaluate your claim.
The Jones Act is a federal law, also known as the Merchant Marine Act of 1920, which governs maritime commerce, the rights of crew members, and the maintenance requirements of boats and shipping operations.
As per the Jones Act, negligence claims can be brought when an injury results from the careless acts of an employer or coworker. The ship owners could also liable if an accident is caused by the unsafe condition of their vessel.
The Jones Act protects crew members of a vessel in the event they are injured. This law applies to inland river workers and offshore crew members who work on crew boats, dredges, chemical ships, diving vessels, cruise ships, tankers, jack-ups, semi-submersibles, barges, drilling rigs, tugboats and towboats, cargo ships, fishing vessels, and crew offshore supply vessels.
Injured maritime employees are entitled to a variety of benefits under the Jones Act and General Maritime Law. First, they are entitled to compensation for medical expenses, both those already paid and any future costs of recovery. Medical expenses may include the costs of future surgery, ongoing rehabilitation, and transportation costs. Those who cannot return to work are entitled to past and future lost wages as well as costs for vocational retraining. Because serious injuries severely limit the types of jobs available to the victim, the Jones Act also allows damages for lost earning capacity. Additionally, injured workers are entitled to payments when they are temporarily or permanently disabled. In cases where the injury is caused by negligence, the victim is entitled to damages for pain and suffering. Because recovering under the Jones Act is complex, it is important to seek the counsel of a knowledgeable attorney.
Maintenance and Cure is a seamen’s right to medical treatment and living allowance following an accident aboard a ship, or another offshore vessel.
Maintenance is a daily living allowance paid to a seaman while he is recovering from his injury or illness. Maintenance payments continue until a seaman has reached maximum medical improvement or until he is fit to return to duty at his previous level. There is no set daily rate for maintenance, and the rate of maintenance may vary from case to case. Typically maintenance rates are set by employers very low in the range of $30 to $35 a day. A maintenance rate in a seaman’s employment contract is non-binding with the exception of some collective bargaining agreements.
Cure is a shorthand term used for medical expenses associated with a seaman’s injury or illness. In almost all cases, a seaman’s employer must pay all reasonable and necessary medical expenses associated with a seaman’s injury or illness. These expenses may include doctor and hospital bills, therapy expenses, nursing bills, MRI and CT scans, wheelchairs, diagnostic testing, pain clinics, transportation costs to and from the doctor, and other reasonable medical-related expenses. An injured seaman has the right choose his own doctor. The right to cure continues until the seaman has reached maximum medical improvement. Many employers and marine insurance adjusters attempt to wrongfully terminate a seaman’s benefits before they have reached maximum medical improvement. Where there are conflicting medical opinions about whether or not further medical treatment may improve a seaman’s medical condition, maritime law requires those doubts be resolved in favor of granting further treatment.
If you believe you are entitled to maintenance and cure and your employer denies your claim, the first thing you should do is speak to an experienced maritime lawyer about your situation.
Working aboard ships is a risky and demanding occupation. While many injuries are caused by heavy equipment and dangerous machinery on-board cargo ships, tugs, barges, drilling rigs and other maritime vessels, an offshore worker must also be careful of the hazardous chemicals being transported on these vessels. These dangerous chemicals can include benzene, toluene, naphtha, gasoline, xylene, jet fuel and other refined petrochemicals. Many workers are injured due to the inhalation and exposures to these chemical fumes, vapors and the product itself.
Illness and disease caused by these various chemicals can include:
Myelodysplastic Syndrome or Myelodysplasia (MDS)
Aplastic Anemia (AA)
Chronic Lymphocytic Leukemia (CLL)
Blood Cancers / Bone Marrow Cancer
Restrictive Airway Disease
If you are a seaman, the Jones Act, and the general maritime law cover you, and if injured on the job, or made ill on the job, you are owed maintenance and cure benefits. We can help you to receive what you deserve after your maritime injury.
Most personal injury firms are made up of individual lawyers. They may get help from others, such as field experts or investigators, but it’s not often that they keep those resources in-house. The Carlson Law Firm maintains a team of professionals that includes more than 35 experienced lawyers, as well as full-time registered nurses and three investigators.
Along with our in-house staff, we also have strong relationships with other experts, as well as photographers and videographers who help document the evidence you need. Establishing negligence is key to the success of any case, and we have more than enough skill and resources to do just that. Our firm has over 40 years of experience and runs like a machine – efficiently and effectively.
If you or someone you love has been injured or killed as a result of their work offshore, you may be entitled to the compensation you so rightly deserve.
Contact the Carlson Law Firm today for a free, no obligation, consultation. If you are looking for prompt, personal and proven representation for your offshore injury, Jones Act claim or any other Maritime Injury claims, The Carlson Law Firm is here to help. Our team of attorneys, specialists, and research associates have the experience and resources to guide you through your legal journey and help you secure the best results possible.
Car crashes are among the most common cause of accidental injury and death nationwide and they take a devastating toll on victims. According to statistics provided by the Texas Department of Transportation, a total of 79,573 people sustained serious injuries in 2011 and 3,015 were killed. The total economic loss caused by motor vehicle accidents for that year is estimated at nearly $22 billion. There were 11,353 crashes in Austin, resulting in 4,366 serious injuries and 53 deaths. The most common cause of accidents statewide is reported as being failure to control speed, followed by driver inattention, failure to maintain lane, failure to yield right of way at an intersection, and unsafe lane changes.
Whether you have been injured in a collision caused by a driver who was texting on a cell phone or you have lost a loved one in a drunk driving accident, you can come to The Carlson Law Firm for help. Our Austin personal injury lawyers take pride in helping accident victims claim compensation for their losses, and we are ready to take immediate action in your case. A lawyer from our team can meet with you in the hospital or at your home to discuss your concerns and help you determine how much your case may be worth in a settlement or jury verdict.
Types of Auto Accidents We Handle
Listed below are just a few of the ways in which we are prepared to help our car accident clients!
If someone drinks and drives, they can face criminal penalties such as imprisonment and also administrative penalties such as license suspension. Did you also know that you could file an injury claim against them and even possibly the restaurant or bar that sold them alcohol?
The Carlson Law Firm can help you with your car accident case from the initial filing. Although many people choose to file claims on their own, they run the risk of insurance companies taking advantage of them. Our firm can fight to ensure you get maximum financial compensation.
This is one of the most dangerous types of car accidents. In most cases, the fault lies with the vehicle that was behind, but circumstances such as tail lights being out or someone backing out of a parking lot can complicate these cases.
Although texting and driving is not always illegal, it is most definitely dangerous. This is the most prevalent type of distracted driving practice, and it causes thousands of accidents every year. If this is the type of accident you were involved in, please don’t hesitate to seek legal action.
Our firm assists clients who were hit by drivers that are uninsured or underinsured. These cases can be exceedingly complex, but our firm fights to take care of UIM and UM claims for clients when we can. This is also the type of claim individuals can file if they were involved in a hit-and-run accident.
In order to claim compensation from the other driver’s liability insurance policy, it is necessary to prove that the driver is at fault for causing your accident. To do this, we look for evidence that the driver acted in a careless or reckless manner at the time of the collision. Anyone who gets behind the wheel of a car assumes a major responsibility to take precaution to avoid causing a crash, and any failure to do so may serve as grounds for legal action. If the driver was distracted by texting, was under the influence of drugs or alcohol, or was committing any other type of traffic violation, he or she may be held accountable for causing the crash. Let our Austin car accident attorneys and our in-house team of private investigators and registered nurses put their skill and experience to work in proving your claim for damages! Make an appointment as soon as possible!
View the firm’s profile at FindaCarAccidentAttorney.com.
For aggressive representation after sustaining injuries in an accident with an 18-wheeler, contact an experienced Texas trucking accident Lawyer at The Carlson Law Firm straight away. We have an unparalleled record of holding truck drivers and motor carriers accountable for serious injury and fatal truck accidents.
Commercial trucks, such as 18-wheelers, pose a large threat to passenger vehicles, pedestrians, and motorcyclists. They are large and heavy vehicles that are no match for any other vehicle on a roadway or highway. Another great danger that trucks pose is that they carry hazardous substances and materials that can be toxic and flammable. Their overall design does not allow for quick maneuvers and stopping to be easily executed.
Commercial trucks, such as 18-wheelers, pose a huge threat to passenger vehicles, pedestrians, and motorcyclists. They are large and heavy vehicles that are no match for any other vehicle on a roadway or highway. Oftentimes, they carry hazardous substances and materials that can be toxic and flammable. Their overall design of large trucks does not allow for quick maneuvers and stopping to be easily executed.
Professional truck drivers required to have specialized training in safety and follow specific regulations establishing the minimum safe conduct for both drivers and their companies. Unfortunately, drivers and their companies frequently put profit ahead of safety and endanger the motoring public.
There is an endless number of factors that could cause a commercial truck accident, but some are more common than others. When an accident it cause by a trucker’s negligence or the negligence of a trucking company, our firm can take legal measures to hold them accountable.
Truck drivers are under strict guidelines regulating hours of service and amount of sleep, but the pressure to meet deadlines or a misjudgment of fatigue level often leads to serious accidents. Although there are Hours of Service requirements for all commercial and 18-wheeler truck drivers, many drivers can avoid taking the necessary breaks and fall asleep at the wheel.
Fatal Truck Accidents
Commercial trucks far outmatch passenger vehicles in both size and weight. An accident between a passenger vehicle and a truck can prove disastrous. In the event of a fatal truck accident, our firm may be able to file wrongful death lawsuits on behalf of the decedent’s family members.
The Federal Motor Carrier Safety Administration (FMCSA) has implemented rules for how an 18-wheeler can be loaded as well as how much cargo a truck can carry at one time. When trucks are improperly loaded, the cargo can shift during transport. Sometimes, imbalanced trucks can jackknife and cause serious traffic collisions.
Rear-End Truck Collisions
Since commercial trucks are large, it takes them longer to come to a complete stop. This is often the cause of rear-end truck collisions. Not only do brakes have to be frequently maintained, but truckers have to take care to leave enough space between their vehicle and the vehicle in front of them. Equipment failure can include defective tires or brakes, or design errors, including failure to install object detection systems or backing warnings.
The weight and size of an 18-wheeler can lead to severe injuries, many of which may have long recovery periods and have significant effects on one’s quality of life.
Spinal cord injuries
Traumatic brain injuries
Internal Bleeding and Organ Injuries
In case of a truck accident, immediately call 911. If possible, do not move any vehicles that were involved in the accident and take photos of the accident scene for your own records. Gather names and contact information for any witnesses, as well as the contact information and insurance information for the other drivers in the accident.
The most important aspect of an attorney’s work is proving your case. While you may know that the truck driver was at-fault, you must prove such in court. An attorney from The Carlson Law Firm can help by gaining access to the truck’s internal data systems, referred to as the “black box.”
If you were injured, or a loved one was killed, in an accident with a commercial vehicle or large truck, we can provide the assistance you require. Don’t wait for your insurance company or the truck drivers insurer to dictate what happens with your claim. This is not a situation you will want to handle on your own because it can prove to be long, complicated and frustrating. Our firm can help you prove negligence to get you the compensation that you deserve. An attorney at The Carlson Law Firm will be your guide through the process. Contact our firm for a free consultation; we care, we can help.
When a serious or fatal injury occurs in the workplace, the team at The Carlson Law Firm is here to help. Our firm helps injured workers pursue the maximum recovery in third-party liability claims. That means we investigate accidents, uncover responsible parties and hold them accountable for the harm their negligence causes.
Our team of experienced workplace accident and personal injury lawyers can handle a wide range of cases, including:
Construction site accidents
Industrial and manufacturing injuries
Farm and ranch accidents
Oilfield accidents (fires, explosions, oil well blowouts, equipment failure, etc.)
Food service injuries like burns and kitchen slip-and-fall accidents
Back injuries and other lifting accidents
Health care worker injuries
General workplace injury in the office or warehouse
We are dedicated to providing the kind of honest answers, sound legal advice and powerful advocacy that victims of workplace injury can count on. Our attorneys are committed to standing up for the rights of construction workers, factory employees, petrochemical industry workers and others who have suffered as a result of third-party negligence.
Don’t let another moment pass without an experienced advocate on your side to protect your rights and fight for your recovery. Contact us for a free consultation with one of our Texas workplace accident attorneys in one of our offices across Texas, including Austin, San Antonio, Laredo, Corpus, Killeen, Round Rock, Waco, Bryan and Lubbock.
We serve injured workers statewide. No appointment is necessary during normal business hours, and bilingual staff members are available to assist our Spanish-speaking clients. Se habla español.
At The Carlson Law Firm, we represent individuals who have suffered injury or neglect in a nursing home or managed care facility. We also represent families who have lost a loved one due to negligence, substandard care or abuse.
We trust nursing homes to look after our loved ones when they are most vulnerable. When that trust is abused and an elderly person suffers, we believe someone should pay. The team of experienced lawyers at The Carlson Law Firm is dedicated to fighting for justice and improving the quality of nursing home care in central Texas, one case at a time. We will fight for you.
By proving that the nursing home staff has subjected your family member to some form of elder abuse, you may be able to recover financial compensation for everything from medical expenses to damages for pain, suffering, and emotional distress.
We serve victims of nursing home neglect and abuse and their families nationwide. No appointment is required and bilingual staff members are available to assist our Spanish-speaking clients. Contact The Carlson Law Firm today for a free, no obligation, case evaluation.
Bus travel is a necessary method of getting around for a lot of people. From getting children to and from school, to offering travelers an alternative to flying, school buses, greyhound buses, commercial buses and public transportation can all offer positive solutions to a multitude of passengers. But despite the access buses offer, they can also pose serious danger to other drivers in passenger vehicles and the passengers within the bus itself, if they are not operated by trained, attentive employees and if the equipment is not properly maintained. If you have been injured in an accident involving any type of bus, it is important to contact a qualified bus accident lawyer as soon as possible.
Bus injuries and fatalities can be endured within a variety of situations, including; while riding as a passenger, as a pedestrian or while occupying a passenger vehicle sharing the roadway.
Despite the situation in which someone is injured by a bus, the medical costs, burdensome injuries and loss of work can create strain upon individuals and family members alike. Buses must possess the equipment necessary to carry out safe transportation of passengers. Additionally, those trusted with the great responsibility of transported passengers from one point to another must be properly trained by bus employers.
Like truck drivers, bus drivers must be competent employees, having endured proper background checks and received adequate training to provide a safe atmosphere and travels for passengers. Some of the driver-centered problems that can lead to unsafe conditions include:
Poor bus security
Operating on dangerous roads and interstates
Operating during obviously dangerous weather conditions
Inadequate maintenance of the bus and its equipment
The sheer size and weight of buses can pose a particular risk for those surrounding the vehicle as well as those within it. Lengthier stops and turns that often lack finesse can make buses particularly dangerous if they are not operated properly by well-trained employees and maintained in a safe manner.
The extra time it takes for a bus to stop, means equipment, like brakes, must be well-maintained. Lacking maintenance and care can often be a lower priority for bus companies and owners, who sometimes opt for regular operation in contrast with scheduled work that could prevent the large vehicles from spending as much time transporting passengers and creating company revenue.
While dealing with a bus company and uncovering its role in a preventable accident can be difficult for injured passengers or family members who lost someone in a fatal bus accident, bus insurance companies can be equally complicated, making advocacy by a skilled Bus Accident Lawyer important to those seeking to distinguish their rights and protect their loved ones.
In addition to the negligence of a bus driver or a bus company, bus accidents in Texas can also be tied to the negligence of other drivers sharing the roadways. School buses and commercial travel and tour buses are not often outfitted with lap belts or seat belts, making them a dangerous environment, should a bus become involved in a serious auto accident. Occupants of a bus can be ejected or thrown about a bus as a result of an accident and because of the lack of safety restraints.
More than 23 million school aged children ride to and from classes on school buses every day in America. Fortunately, school buses are among the safest methods of transportation for our youngsters. In fact, the National Highway Traffic Safety Administration says that riding a school bus is 13 times safer than riding to school in a passenger car, and a whopping 10 times safer than walking!
However, accidents do happen, and children can be injured when riding a school bus. Visit our Texas School Bus Accident page for more information.
The kind of vehicle involved in a bus-related accident can often be a major factor in the types of injuries endured and whether fatalities occurred. Large trucks, such as 18-wheelers and tractor trailer trucks, are the most common type of vehicle involved in serious bus accidents. In fact, according to a report to Congress, School Bus Safety: Crashworthiness Research, 70 percent of vehicle involved in bus accidents are of similar size as a school bus or larger, highlighting the serious impact and damage that results when such large vehicles are engrossed.
If you or someone you love has been seriously injured or killed in a bus accident caused by a negligent driver or inadequate maintenance of bus equipment, call our personal injury attorneys and contact our bus accident lawyers online or visit one of the 10 office locations for our Texas law for a free consultation today.
Our experienced personal injury lawyers, professional medical consultants, private investigators and caring staff will help you piece together the various questions you may have regarding your accident or the fatal accident of a loved one, while seeking just compensation for your injuries and loss. We care. We can help.
Lyrica (pregabalin) is an anti-epileptic medication used to treat pain caused by nerve damage from diabetes or shingles infection. This medication is typically prescribed to patients with epilepsy, fibromyalgia and generalized anxiety disorder (GAD).
The medical journal, “Neurology” published a study that monitored the outcomes of pregnant women using Lyrica. The study gathered data from 7 countries and 164 pregnant women that took the drug and compared them to a control group of 656 pregnant women that did not take the drug. It was found that pregnant women that took Lyrica were 3 times more likely to give birth to babies with major congenital defects compared to the control group. Six percent of pregnancies with Lyrica use resulted in birth defects compared to 2 percent in pregnancies without Lyrica.
The Carlson Law Firm has a team of dangerous drug experts and in-house medical staff that may be able to help you. Contact our team for a free consultation to see if you have a case. If you have a case, you may be entitled to compensation.