Wrongful Detention and Removal

Civil Justice Attorney

Citizens who have been wrongfully jailed in immigration detention centers can’t reclaim the time they spent behind bars. However, they can seek restitution from the U.S. government. In addition, they may be able to sue the federal government for any personal injuries sustained as part of their wrongful detention or deportation. The Carlson Law Firm has a team of Civil Justice attorneys dedicated to helping victims who have had their rights violated.

Protecting civil rights is essential to maintaining the democratic values of the United States. Our firm has a commitment to representing and protecting the rights of those who are facing unjust removal actions by the federal government. While the law is complex, one thing is clear: any violation of civil rights is unacceptable. Wrongful detention and deportation is a violation of your civil rights. By this act alone, you may be entitled to filing a lawsuit against the government.

Still, in spite of these differences, immigration court functions as a regular court. Because there will be an attorney representing the government at your proceeding, it is important to have an experienced civil rights attorney to represent you.

Did you or a loved one have your civil rights violated?

Assertions that you are a U.S. citizen that go unheard or ignored throughout the immigration court process is a violation of your civil rights. In many cases, those who do not retain an attorney to represent them in front of an immigration judge may feel pressured to sign deportation documents and face deportation despite their status. Unlike criminal courts, U.S. citizens in immigration courts do not have the right to counsel and must retain a private attorney. Otherwise, citizens may spend several months to years in an immigration detention facility as their case languishes in the court. During this time in an immigration detention center, you may face:

  • Physical abuse
  • Sexual abuse
  • Mental abuse
  • Job loss
  • Damage to your reputation
  • Pain and suffering
  • Other damages

There are documented cases of citizens providing evidence that establishes citizenship. However, despite this evidence, ICE lawyers rebuff it and require more proof. This can leave detainees feeling defeated. But our Civil Justice attorneys can help you begin rebuilding your life. We can help you file a lawsuit against those who violated your rights.

The Carlson Law Firm has a highly skilled and diverse legal team. We have the resources and knowledge to represent you and protect your rights. We offer excellent representation for a wrongful deportation civil rights violations and injuries.

Hurricane Flood Insurance Lawyer

Denied Flood Insurance Claims?

Free Consultations • Available 24/7

If you’ve suffered financial hardship due to flood damage, a Flood Insurance Claims 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. We’ve represented clients who have suffered losses from Hurricane Harvey, Hurricane Irma, Hurricane Florence, and Hurricane Michael.

When events such as a hurricane occur, it is nearly impossible to fully prepare for leftover damage. That is why insurance exists. Unfortunately, we have found that insurance companies will gladly take your money to give you peace of mind. On the other hand, however, they are often unwilling to keep up their half of the deal once disaster strikes. That’s where a Flood Insurance Claims Attorney from 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, or if you are suffering because of unethical insurance practices, our firm is here to help. Texas is our home, but we’ve been serving victims across the United States for over 40 years.

Has Your Home or Business Suffered Damage Caused By Hurricane Flood Waters?

Insurance companies often deny flood insurance 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 a hurricane, 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, your insurance company may not always uphold the coverage it promised. The good news is that a skilled flood insurance lawyer from The Carlson Law Firm is 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. Schedule a free consultation with a Flood Insurance Claim Attorney today. Hablamos tu idioma.

home owners business owners

Protection Against Unlawful Business Practices

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:

National Employment Attorneys

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.

Employment Rights

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

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

What Is a Collective Action?

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.

Actions Not Covered By The FLSA

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.

Contact The Carlson Law Firm today for a free, no obligation, case evaluation. We care, we can help.

 

Injured While Working Offshore? Give Us A Call: 800.359.5690

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.

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Offshore/Maritime Injury

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.

Maritime Injury: Maintenance And Cure

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.

Maritime Injury: Occupational Diseases From Toxic Exposure (Cancers)

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:

Acute Myeloid Leukemia (AML Leukemia)

Myelodysplastic Syndrome or Myelodysplasia (MDS)

Aplastic Anemia (AA)

Multiple Myeloma

Non-Hodgkin’s Lymphoma (NHL)

Chronic Lymphocytic Leukemia (CLL)

Blood Cancers / Bone Marrow Cancer

Lung Cancer

Kidney Cancer

Bladder Cancer

Lung Fibrosis

Restrictive Airway Disease

The Carlson Difference: A Firm That Gets Results

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.

Contact Us For A Free Consultation

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.


Give us a call, anytime. We are available to you, 24/7. 


 

Information About Car Accidents in Texas

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!

Drunk Driving Accidents

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?

Filing an Auto Accident Claim

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.

Rear-End Collisions

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.

Texting and Driving Accidents

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.

Uninsured/Underinsured Motorist Claims

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.

Proving Your Claim in Round Rock or Austin

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.

National Nursing Home Injury Attorneys – Free Consultations

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, 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.

Cases We Handle

Birth Defect Attorneys

What is Lyrica?278_lyrica

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).

Studies link Lyrica to Birth Defects

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.

Other Side Effects of Lyrica

Common birth defects

If you or a loved one have suffered from the effects of Lyrica, contact a dangerous drug attorney.

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.

What is in Baby Powder?talc

Some baby powders contain an ingredient called Talcum powder.  This powder is a finely ground talc or magnesium silicate used in several cosmetics, personal hygiene products and other common goods such as baby powder. It is also known as talc.

Where Talcum Powder is found:

Talcum Powder linked to serious illnesses

Respiratory Problems: These respiratory problems can be common in infants.  This is because talc is found in baby powders.  Using baby powders that contain talc is discouraged by the American Academy of Pediatrics and many pediatricians.

Talcosis: This is a condition where there is acute or chronic lung irritation.  When the particles of the powder are inhaled, it can cause fast and shallow breathing, coughing and wheezing.

Serious Respiratory problems: When inhaling talcum powder over a long period of time, some can develop pneumonia or asthma symptoms.  Miners and millers can develop serious chronic respiratory disease or lung cancer.

Ovarian cancer: Women have been using body powders and feminine hygiene products with talc for years.  The particles of the talcum powder have traveled through the vagina into the uterus and fallopian tubes into the ovaries.  Research shows that this can cause inflammation and increase the risk of ovarian cancer in women.  In 2013, a journal from Cancer Prevention Research showed that women have a 20-30 percent greater risk of developing ovarian cancer when using a product with talcum powder around their groin area.

Talcum Cancer

It is believed that 1/3 of ovarian cancer cases are caused by talcum powder. If you or someone you know suspect having ovarian cancer, see a doctor immediately.  Below are early signs and symptoms of ovarian cancer:

For more information on ovarian cancer, visit cancer.org.

Talcum Powder Lawsuits:

If you or someone you know have developed a serious illness after using a product with talc or talcum powder, contact a personal injury attorney immediately.  There are many claims against Johnson & Johnson alleging the company was aware of the risk of ovarian cancer when using their products. The Carlson Law Firm has experience with these types of cases and might be able to help you get the compensation you deserve.  Contact our office for a free consultation to see if you have a case.

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National Personal Injury Attorneys

Recently, reports have shown that a product meant to help people suffering threats of pulmonary emboli, called Inferior Vena Cava Filters, or IVC filters for short, can actually cause serious harm to those using these products.

If you have received an IVC filter and suffered any kind of injuries or harm, contact our personal injury lawyers at The Carlson Law Firm right away.  We can help you pursue financial compensation!

Why These Products Were Designed

IVC Filters were designed to help patients at risk for developing serious blood clots but are unable to consume blood thinner medications.  These were sometimes used in patients with a-fib or atrial fibrillation.  These products are implanted in the inferior vena cava, the main vessel that moves blood from the lower body to the heart.  These devices are formed like miniature cages that trap the clot fragments to prevent them from traveling through the main vessel and into the heart or lungs where they can cause severe complications, and in the most serious cases, death.

These products are placed in patients who have a history of blood clots in the lower body region, as well as patients with the following conditions:

How IVC Filters Can Cause Serious Injuries and Death

Recently, medical professionals have found that these products can cause serious injuries to patients for a number of reasons.  For one, these devices can break apart, leaving fragments floating in the body that can become lodged somewhere, causing death. In addition, many find that a broken filter can cause damages due to the following:

Harmed By a Medical Device? The Carlson Law Firm Can Help You Purse Justice

If you have sustained injuries due to any medical device, including an IVC filter, contact our product liability lawyers immediately.  We can take the time to understand your case and put an aggressive team on your side of the courtroom.  Our firm understands how difficult life can become when you are faced with such difficulties and can do everything in our power to help you pursue maximum financial compensation.

Call our product liability attorneys today for your free consultation!


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