The Kane | Varghese Law Firm
The Kane | Varghese Law Firm
Call : 214-871-0800
www.texlaws.com
“A Different Kind of Law Firm”
TRUCK ACCIDENT ATTORNEY | TRUCK ACCIDENT LAWYER
Why hire Kane | Varghese, you ask?
You hire us.
We CARE about our clients.
Our client’s legal problem becomes our problem.
One of our founding attorneys is both a LAWYER & HARVARD TRAINED DOCTOR!
Bringing Unparalleled Knowledge & Expertise to work for YOU!!
Walking with you every step of the way.
AUSTIN
512-705-1020
DALLAS
214-871-0800
HOUSTON 713-960-4418
SAN ANTONIO
210-880-5292
TYPES OF PERSONAL INJURY CASES:
CAR ACCIDENTS:
Car accidents are fairly common occurrences and a fact of life. While cars have gotten much safer over the decades, it is impossible to prevent injury or death in all instances of car or auto accidents.
The car accident attorneys and lawyers at the Kane | Varghese Law Firm have represented individuals and families who have suffered injuries ranging from whiplash, back and spine injuries, organ loss and death from car accidents.
The legal definition of a car accident is fairly straight forward: a car accident occurs when a typical passenger car (such as a station wagon, convertible, or sedan) is involved in a single event (or series of events) that ultimately causes harm, personal injury, property damage, or even death. There can be a wide variety of damages involved, whether they are personal injury-related (minor, or major such as a traumatic brain injury), or actual property damage. In most cases (4 out of 5), the crashes involved collision with another motorized vehicle, with the remainder of the crashes occurring with non-motorized (stationary) objects (2005, NHTSA). Like most automobile crashes, the majority of these crashes have some form of negligence that caused the crash; most of these would also end up with a traffic law violation as well.
DRUNK DRIVER ACCIDENTS:
According to the CDC, alcohol-related crashes in the U.S. cost approximately 51 billion dollars every year. According to some estimates, up to 30 percent of Americans will be involved in an alcohol-related accident at some point in their lifetime. An alcohol related crash can be used to increase the value of a car accident injury claim, by potentially including a claim for punitive damages.
It is common sense that alcohol intake can impair or affect perception and motor skills necessary to operate a car, truck or other motor vehicle. Many accidents in the United States are caused as a result of drivers being under the influence of alcohol while operating their vehicle. Alcohol impairs driving judgment and can result in car accidents, truck accidents, and other motor vehicle accidents. Usually drunk driver accidents cause substantial injury and damages.
At the Kane | Varghese law firm, the attorneys and lawyers have experience representing drunk driving accident victims. If you or a loved one have suffered due to the negligence of a drunk driver, call to speak with an attorney or lawyer about your situation.
MOTORCYCLE ACCIDENTS:
Motorcycle accidents can result in very serious injuries because of a lack of a protective covering around the rider or the passenger. Motorcycle accident injuries can range from cuts, scrapes, burns, broken bones, head and brain injuries, spinal cord injuries, and even death. The motorcycle accident attorneys | lawyers at the Kane | Varghese Law Firm have represented numerous victims of motorcycle accidents and aided motorcycle accident victims in the recovery process.
TRUCK ACCIDENTS:
Truck accidents cause substantial property damage and usually traumatic injuries when automobiles are involved in a Texas 18 wheeler accident or truck accident. The experienced Texas truck accident lawyers | attorneys and 18 wheeler accident lawyers or attorneys at Kane | Varghese can help. If you or a loved one has suffered personal injury or wrongful death as a result of a truck accident or collision with 18 wheeler truck or a semi tractor trailer, you may be entitled to damages under law. These damages can include past and future medical expenses, past and future physical pain and mental anguish, physical impairment in the past and future, lost wages and wage earning capacity, and burial expenses if applicable. In some instances, punitive damages may be available.
Even if they are responsible for the trucking accident, the company will naturally want to protect their own interests and will have their own lawyers to try to help them mitigate the loss. Every Texas trucking accident attorney | lawyer at our law firm recognizes the tactics used by the trucking companies to prevent you from getting what you deserve in your trucking accident lawsuit. A Texas trucking accident lawyer | attorney at our law firm is standing by 24 hours a day to fight for YOUR rights in your trucking accident case.
BOAT ACCIDENTS:
If you experience a boating accident where one or more of these criteria have been met, you must file a BAR within 48 hours if:
1.A person dies within 24 hours of the occurrence; or
2.A person requires medical treatment beyond first aid; or
3.A person disappears from the vessel.
You have 10 days to file a BAR if the damage only involves the vessel and/or property. Be aware that these are the minimum requirements for federal regulation of BARs and each state may have stricter reporting requirements. It is your responsibility to be familiar with the boating laws of the state that you are boating in and maritime law if you are boating in navigable waters.
BICYCLE ACCIDENTS:
One bicyclist is fatally injured in every six hours in the United States. Half of all bicycle fatalities occur to children under sixteen. Head injuries, Brain Injuries, and Spinal Cord Injuries are common injuries that bicycle accidents can cause. Bicycle Injuries occur most frequently as a result of several common causes, some of which include car or motor vehicle driver’s negligence:
A motor vehicle driver turning directly in front of a bicyclist;
•An automobile driver entering the street from a driveway or parking spot and pulls out into traffic in front of the bicyclist;
•A motorist's failure to yield at an intersection or running a stop sign or red light;
•A vehicle driver's inattention while driving past a bicyclist;
ATV ACCIDENTS:
Many hospital emergency rooms and emergency physicians are used to seeing patients injured in ATV accidents, especially in rural areas in America. ATV Crashes, rollovers and injuries are very common in the United States. They were so common that the United States Justice Department filed a lawsuit alleging that ATVs and their manufacturers violated the Consumer Product Safety Act. In 1987, the ATV manufacturers agreed to stop producing three-wheeled ATVs. They started making four-wheelers to provide greater stability, but they did not recall the 2.4 million defective three-wheelers that had been already sold. Many dangerous ATVs remain in use today. Most Hospital Emergency Rooms see more than their fair share of severe injuries as a result of ATV crashes, rollovers, and ATV crash injuries.
TRAIN ACCIDENTS:
Since there are many factors that lead to a railroad accident, there are many people who can be held responsible for your injury, loss of income, or pain and suffering. While it's the responsibility of the railroad company to maintain the tracks and the train you ride, truck and car drivers also have the responsibility of following the laws and not trying to sneak pass the crossbars after they've been lowered.
If you've been the victim of a railroad accident, you may be able to collect damages for your injuries, pain and suffering, and lost income. A Train Accident Lawyer|Attorney can help you fight your case against the train company, and file your lawsuit in court.
A train accident can occur as a result of several reasons: (1) human factors, (2) track and structures, (3) equipment, (4) signal and train control, and (5) miscellaneous.
SWIMMING POOL ACCIDENTS:
Every year, many thousands of accidents occur in swimming pools in the United States . Injuries from swimming pool accidents range from minor injuries to spinal cord injuries, severe and traumatic brain damage injuries, head injuries, quadriplegia, and in some cases disembowelment and disfigurement. Swimming accidents occur as a result of drowning incidents, diving incidents when diving area of the pool is too shallow.
Swimming pool accidents occur for several reasons including:
1.lack of lifeguards;
2.absent or unreadable markings and lack of safety covers
3.improperly designed or constructed pool;
4.failure to secure pools from small children;
5.failure to maintain the pool in safe condition;
6.lack of lifeguards;
PRODUCT LIABILITY:
Product liability is an area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. Many states have enacted comprehensive products liability statutes. A plaintiff in a product liability lawsuit must prove that the product is defective. There are three types of product defects that can result in liability for manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. Design defects are inherent; they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw. On the other hand, manufacturing defects occur during the construction or production of the item.
PEDESTRIAN ACCIDENTS:
According to the National Highway Traffic Safety Association, there are nearly 5,000 pedestrian fatalities in motor vehicle related accidents. Pedestrian accidents also result in about 100,000 pedestrians suffering non-fatal injuries when struck by an automobile. Additionally, poor property maintenance, sidewalk or parking lot defects and/or construction or other debris on walkways cause thousands of non-vehicular pedestrian accidents which can result in injury claims against the owners and/or operators of these premises. A Pedestrian Accident Lawyer | Attorney at Kane | Varghese can help clients determine whether they have a claim based upon a careful and thorough analysis of the facts of each pedestrian accident. Depending on the circumstances of the pedestrian accident, those with potential liability may include drivers of vehicles striking pedestrians, parties responsible for maintaining premises where the pedestrian accident may have occurred. A person involved in a pedestrian accident is well advised to seek the early intervention and involvement of a pedestrian accident injury attorney with experience helping injured pedestrians. Kane | Varghese lawyers have represented pedestrians injured by motorists, who are required by law to exercise "reasonable care under the circumstances."
WRONGFUL DEATH:
The death of a loved one or family member can be devastating. The anguish and devastation can be compounded many times over when the death is caused by the act of another. "Wrongful Death" means that a person's death was caused by the negligent or intentional acts of another person, business or government entity.
For example, an 18-wheeler truck driver is busy on the phone while driving, and is not paying attention. He causes an accident that results in a fatality. The trucker could be liable for the wrongful death of the person killed in that accident. Another scenario. A nurse erroneously gives the wrong dosage or type of medication that kills a patient. That nurse could be held responsible for the wrongful death of the patient. There are many contexts that could give rise to a wrongful death case. Generally, spouses, children, and parents (sometimes) may have a claim for the wrongful death of a person
TYPES OF MEDICAL MALPRACTICE CASES:
MEDICAL MALPRACTICE:
Generally, a medical malpractice claim can be brought when the negligent action of a hospital, physician, or other healthcare provider results in a patient's injury or death. The person making the medical malpractice claim must have some form of proof that the provider did not provide proper care and this resulted in harm to the patient.
There are also specific legal requirements. For example, the law requires that the person bringing a medical malpractice claim “deviated from the standard of care” and it was this deviance from some standard of care that was the cause of the person's harm. Furthermore, this claim must also be substantiated by an equivalent medical professional testifying on behalf of the patient. In other words, if the patient is making a claim against a doctor, then a doctor must testify on the patient's behalf. And if a patient is making a claim against a nurse, then a nurse must testify on the patient's behalf. (Those cases would be a type of “nursing malpractice” case).
BRAIN INJURY:
Traumatic brain injury to the brain may result from external blunt force, rapid acceleration, deceleration, impact, blast waves, or penetration by a foreign object.
Traumatic brain injury can be classified as closed or penetrating head injury, or by other features. Head injury is a broader category because it can involve damage to structures other than the brain, such as the scalp and skull. Causes include falls, vehicle accidents, and violence. Prevention measures include use of technology to protect those who are in accidents, such as seat belts and sports or motorcycle helmets, as well as efforts to reduce the number of accidents, such as safety education programs and enforcement of traffic laws.
Brain injury can be caused by a direct impact. Brain injury can cause secondary injury from a variety of events that take place in the minutes and days following the direct injury. These processes, which include alterations in cerebral blood flow and the pressure within the skull, may contribute substantially to the damage from the initial injury.
BURN INJURY:
A burn is a type of injury that can be caused by several factors such as heat, electricity, chemicals, light, radiation or friction. Some burns affect the skin tissue, but other burns may affect and injure deeper tissues, such as muscle, bone, and blood vessels. Treating burns is important because they are common, painful and can result in disfiguring and disabling scarring, amputation of affected parts or death in severe cases. Complications such as shock, infection, multiple organ dysfunction syndrome, electrolyte imbalance and respiratory distress may occur. The treatment of burns may include the removal of dead tissue (debridement), applying dressings to the wound, administering large volumes of intravenous fluids, administering antibiotics and skin grafting. While large burns can be fatal, modern treatments developed in the last 50 years have significantly improved the treatment and prognosis of such burns.
BIRTH INJURY:
Birth injury refers to any damage suffered by an infant during the process of birth. Birth injury can encompass a wide array of problems ranging from minor to major. Birth injury can be used to describe a minor problem such as a superficial laceration or a major problem like severe hypoxic brain injury that could leave a baby brain dead. The actual injury can occur before, during, or immediately after birth. Babies can suffer serious medical problems as a result of negligent prenatal care, delivery, or post-delivery care. Birth injuries commonly occur as the infant travels through the birth canal. Childbirth places a significant amount of pressure and stress on the baby. Birth injury is a tragic but common event that can have long term impact on the mother and child. In a birth injury case one has to show that the injury was avoidable and that the healthcare provider’s care was inadequate. Babies injured at birth may become permanently disabled and require life-long care. Some babies even die from birth injury.
Medical malpractice claims involving birth injuries are some of the most emotionally charged cases that our law firm handles. There are two main types of injuries that can occur during the birth/delivery process - injuries from trauma , and injuries from lack of oxygen and blood to the brain.
SPINAL CORD INJURY:
Spinal cord injury may result from direct injury to the cord itself or indirectly from damage to surrounding bones, tissues, or blood vessels. Spinal cord injuries may occur from motor vehicle accidents, falls, sports injuries, industrial accidents, gunshot wounds, assault, and other causes. Direct injury, such as cuts, can occur to the spinal cord, particularly if the bones or the disks have been damaged. Fragments of bone (for example, from broken vertebrae, which are the spine bones) or fragments of metal (such as from a traffic accident) can cut or damage the spinal cord. Direct damage can also occur if the spinal cord is pulled, pressed sideways, or compressed. This may occur if the head, neck, or back are twisted abnormally during an accident or injury.
NURSING HOME NEGLIGENCE:
As with children, many nursing home residents, given their condition, may not be able to lucidly explain the horrors of their condition in the nursing home. Many signs of abuse and neglect can go unnoticed, especially if there aren’t frequent visits by family or friends. Bruising, broken bones and other physical injuries can be signs of abuse. Malnourishment, bed sores, irritability, moodiness, fearfulness and other psychological changes could reflect either abuse or neglect. Other indications of abuse or neglect may involve a nursing home refusing to allow visitors to see resident, delays in allowing visitors to see resident, nursing home or staff not allowing resident to be alone with visitor, keeping a resident in an over-medicated state, loss of resident's possessions, atypical actions such as sudden large withdrawals from bank accounts or changes in banking practices or abrupt changes in will or other financial documents.
The medical care given to a nursing resident can also lead to nursing home negligence and abuse claims. There can be medical errors, failure to diagnose errors, surgical errors, medication errors, and management errors that can result in harm to nursing home residents. If there are facts to support it, there may be actionable claims for nursing home negligence and abuse.
Call : 214-871-0800
dallas accident lawyer, wrongful death attorney, medical malpractice lawyer
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