General Motors Recalls Pickups for Potential Fuel Leak, Fire Hazard
About the General Motors Recall
Reports state that the low-fuel-level sensor in the front tank of the vehicles can stick, causing the rear tank to overflow. This can result in the front tank expanding and coming in contact with the drive shaft which can cause a hole to develop in the fuel tank.
Dealers will replace the rear tank fuel pump, update vehicle software, and inspect front tanks.
Recall notifications are expected to be sent out beginning December 18 and repair parts will be available in February.
Pickups Affected by the General Motors Recall
The following vehicles are included with the GM recall provided they are equipped with two tanks:
- 2011 Chevrolet Silverado
- 2012 Chevrolet Silverado
- 2013 Chevrolet Silverado
- 2014 Chevrolet Silverado
- 2015 Chevrolet Silverado
- 2011 GMC Sierra 3500
- 2012 GMC Sierra 3500
- 2013 GMC Sierra 3500
- 2014 GMC Sierra 3500
- 2015 GMC Sierra 3500
What Is Negligence and How Does it Affect My Texas Construction Accident Case?
Personal injury cases rely on an attorney’s ability to define, determine, and prove negligence. If you wish to make a financial recovery for injuries and damages caused by a Texas construction accident, you need an attorney who can prove negligence did in fact occur.
How is Negligence Determined in a Texas Construction Accident Case?
The Legal Information Institute defines negligence as a failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. While the behavior in question usually consists of actions, it can also consist of omissions when there is some duty to act.
When attempting to ascertain whether a person’s conduct or behavior lacked reasonable care, lawyers will consider the four elements that are required to establish a prima facie case (a legally required rebuttable presumption). The elements are:
- The existence of a legal duty that the defendant owed to the plaintiff
- The defendant’s breach of that duty
- The plaintiff’s sufferance of an injury
- Proof that the defendant’s breach caused the plaintiff’s injury
When it comes to a construction site, your employer, contractor, and co-workers owe you a general duty of care and must conduct themselves in a reasonable and prudent manner. This duty of care can also extend to the owners of the property that is under construction, any transportation companies responsible for transporting materials to the site, as well as the manufacturers of machinery and products being used in the construction project.
If any of these parties acted in a way that contributed to your injuries, you may have a case for negligence.
How Will My Attorney Establish Negligence in My Texas Construction Accident Case?
When working to determine whether negligence resulted in your accident and injuries, your attorney will often apply what is commonly called the “but-for” test. In a statement, that would be “but for the actions of the defendant, my client would not have suffered his injuries.”
If the statement is true, your attorney will have established cause-in-fact or “actual cause.” This is then strengthened through investigation, the gathering of evidence, and interviewing witnesses. Your attorney may also incorporate the help of expert witnesses to help prove negligence and discover if the actions of the defendant violated federal or state regulations.
Expert witnesses often used in Texas construction accident cases include:
- OSHA consultants
- Accident reconstructionists
- Welding experts
- Confined space permit experts
- Engineering experts
- Safety equipment experts
- Occupational and environmental health experts
- Hazardous chemical experts
- Process safety management experts
These experts can provide detailed information about a construction accident. Because of the experts Thomas J. Henry uses, we are able to bring in information that many other law firms lack. We use a multitude of expert witnesses, putting you in the best position possible to achieve the compensation they deserve.
What Should I Do If I Have Been Involved in a Construction Accident?
There are certain steps you can take to help preserve your rights as a victim of a workplace accident. By following these guidelines, you can put yourself in a better position to achieve the compensation you deserve for your injuries. If you suffered a work injury, follow these steps:
- Seek immediate medical attention for your injuries.
- Report the injury to your supervisor as soon as possible.
- Be sure your employer makes a written report of the accident.
- Collect names and contact information of any witnesses to the accident.
- Take photos of the accident area, including of any tools or equipment involved in the accident.
- Write a detailed account of how the accident took place.
- Contact an experienced work accident lawyer to discuss your rights as an injured worker.
Contact and Experienced Texas Construction Accident Attorney
If you or a loved one were injured on the job, contact Thomas J. Henry. Workplace accident victims deserve quality, dynamic representation from attorneys with the experience and legal resources to properly develop their case. Oftentimes, workplace injuries are severe and debilitating and put individuals out of work for an extended period of time.
Our work accident lawyers will take immediate action on your case and make sure you are comfortable and informed throughout the entire legal process. Contact us today for a free case review. Our firm has offices in Corpus Christi, San Antonio, and Houston, serving clients across Texas and nationwide.
12 Fall Ill with Legionnaires in California, Including 9 at Disneyland
Disneyland shut down and decontaminated two cooling towers following an outbreak of Legionnaires disease that sickened guests and employees at the theme park.
Dozen Cases of Legionnaires Recorded in California
At least twelve people have fallen ill due to the Legionnaires outbreak, and one case not linked to Disneyland was fatal, according to the Orange County Health Care Agency.
It is believed that vapor or mist from cooling towers which provide cold water at Disneyland may have carried the Legionnella bacteria. Park officials ordered the cooling towers be treated with chemicals to kill the bacteria and shut down.
Reports indicate that the 12 people sickened by the lung disease had traveled to, lived in, or worked in Anaheim during the month of September. Ten of the victims were hospitalized, but their current conditions were not immediately available.
About Legionnaires Disease
Legionnaires disease is caused by the Legionella bacteria and can result in potentially fatal respiratory infections and pneumonia. Young children, the elderly, and those with weakened immune systems are at an increased risk of serious outcomes.
Symptoms generally occur within 10 days of exposure and may include fever, chills, cough, muscle aches, and headaches.
Legionnaires disease is not contagious.
What Should I Do if the Insurance Company Offers Me a Check Right Away?
If an insurance company offers you a check right away, do not sign it. When an insurance company seems overly eager to settle a claim, it is because they are trying to limit their liability or they are trying to beat out future damages that have yet to be identified. As such, many checks will include release language benefiting the insurer.
Make Sure All Your Injuries Have Been Diagnosed and Treated Prior to Accepting Payment
Oftentimes, when you are injured in a personal injury accident, the full extent of your injuries may not be immediately evident. The pain and discomfort that you feel may not completely diminish and may even be symptoms of a larger issue that can limit your movement and ability to perform certain tasks or job duties. This is especially common in back and neck injuries.
When an insurance company rushes a settlement check, it could be because they think your claim may result in more damages that have not yet been identified. As the full extents of your injuries are diagnosed, you may find that future therapy and treatments will be necessary.
If you have accepted a settlement from an insurer, they may have successfully excluded themselves from future liability leaving you solely responsible for future medical expenses, such as:
- Doctor visits
- Specialist visits
- Medication costs
- Physical therapy
By contacting an experienced personal injury attorney, you can verify that a settlement offer is made with your best interests in mind. Additionally, your attorney will evaluate all of your medical bills to ensure the amount offered covers all relevant expenses and will communicate with your doctor so that all possible future expenses are properly reflected in your claim.
Make Sure the Insurance Company has Included All Economic Damages
When an insurance company attempts to settle a claim quickly, chances are they are not covering all of the economic damages you have sustained. If you’ve been involved in an auto accident, for example, the insurance company will likely address vehicle repairs and immediate medical expenses as they know these items are among your greatest concerns.
However, they may be skipping out on other essential damages, such as lost wages or loss of earning capacity. Even if they do include these damages, chances are they have not covered all areas of your income.
When you pursue wage related damages, you are entitled to all wages lost – not just those associated with your base salary.
Areas often overlooked by individuals attempting to settle with an insurance company include:
- Loss of commissions on sales
- Loss of fringe benefits
- Loss of pension benefits
- Money that reflects a promotion or wage increase provided you were due for a wage increase or promotion while out of work
- Bonuses that you were paid in the past and were on track to receive prior to your injury
- Sick leave and vacation you may have used while recovering from your injuries
A skilled personal injury attorney will work with your employer to identify all areas of lost income and will bring these to the attention of the insurance company.
Is the Insurer Covering Non-Economic Damages?
A final area of compensation that the insurance company may try to downplay is that of non-economic damages. These are damages that do not have immediate monetary values placed on them, like lost wages and medical bills do, and understanding how much these damages are actually worth can be near impossible for those without personal injury experience.
Most insurance companies use formulas to determine an extra amount to be added to your settlement as non-economic damages. This amount is normally a predetermined percentage of you economic damages.
This kind of approach does not address your unique damages and is most often added by the insurer to make it look as though they are going above and beyond in paying out your claim so you will not hire an attorney. Think of it as “hush money.”
Non-economic damages that should be considered include:
- Pain and suffering
- Mental anguish
- Loss of consortium
Attorneys understand how non-economic damages work and how to assign value to these damages, allowing you to recover the financial compensation you truly deserve.
Contact an Experienced Personal Injury Attorney
Thomas J. Henry Injury Attorneys is a personal injury law firm with offices in Corpus Christi, Texas, San Antonio, Texas, and Houston, Texas representing accident victims nationwide. Our priority is to provide our clients with the best legal representation. Our experienced trial attorneys are committed to defending your rights in personal injury matters including defective products, recalled drugs, child injuries, and auto accidents.
If you or someone you love has been injured in an accident, contact our offices immediately – we are available 24/7, nights and weekends.
Empire Kosher Recalls 11,000 Pounds of Chicken
Empire Kosher Poultry, Inc. has issued a recall affecting almost 11,000 pounds of raw, boneless, skinless chicken breast products after an employee found metal material in a chicken breast at an Empire Kosher facility.
About the Empire Kosher Recall
According to Food Safety News, Empire Kosher issued a nationwide recall for 10,839 pounds of chicken packaged on November 2 with sell-by dates ranging from November 14 to November 17.
Consumers who have unused portions of the recalled chicken products in their home are urged to immediately thrown them our or return them to their place of purchase.
All of the recalled chicken has an establishment number of “P-1015” inside the USDA mark of the inspection of their labels.
Products Covered by the Empire Kosher Recall
The following products are covered by the Empire Kosher Poultry recall:
- 4- to 5.25-pound tray packages containing chicken breasts labeled “Empire KOSHER NATURAL Chicken Breasts, Boneless & Skinless” with case code 46375 and “Sell By” date 11/14/17;
- 1- to 1.25-pound tray packages containing chicken breasts labeled “Empire KOSHER NATURAL Chicken Breasts, Boneless & Skinless” with case code 7488 and “Sell By” date 11/16/17;
- 5-pound tray packages containing chicken breasts labeled “Empire KOSHER NATURAL Chicken Breasts, Boneless & Skinless” with case code 7598 and “Sell By” date11/16/17;
- 1- to1.25-pound tray packages containing chicken breasts labeled “Empire KOSHER NATURAL Chicken Breasts, Boneless & Skinless” with case code 92615 and “Sell By” date 11/17/17; and
- 1- to 1.25-pound tray packages containing chicken breasts labeled “Empire KOSHER NATURAL Chicken Breasts, Boneless & Skinless” with case code 7888 and “Sell By” date 11/16/17.
ADHD Medications Linked to Risks During Pregnancy
Medscape reports that two large studies of pregnant women diagnosed with attention-deficit hyperactivity disorder (ADHD) found that stimulant medications used to treat the condition are associated with an increased risk of perinatal and placental abnormalities.
Possible Effects of ADHD on Infants
In a study lead by Ulrika Norby, MSc Pharm, PhD, researchers analyzed singleton births recorded in the Swedish Medical Birth Register (MBR) between July 1, 2006 and December 31, 2014. The final sample consisted of 964,734 infants, of whom 1,591 were exposed to ADHD drugs during gestation and 9,475 were born to mothers who used ADHD medications before or after, but not during, pregnancy. Stimulants accounted for roughly 92% of in utero exposures.
The rate of NICU admission among infants exposed to ADHD medications during pregnancy was noted to be higher than that of infants whose mothers had never used ADHD medications. A risk increase was also noted among mothers who used the medications before or after pregnancy.
Additionally, ADHD medication use during pregnancy was associated with a higher frequency of:
- Central nervous system disorders
- Congenital hypotonia
- Preterm delivery
Second Study Shows Placental and Perinatal Effects
In the second study lead by Jacqueline M. Cohen, PhD, researchers evaluated the effects of ADHD on the risk of preeclampsia, placental abruption, fetal growth restriction, and preterm birth among women enrolled in Medicaid who delivered a child between 2000 and 2010.
The final cohort consisted of 1,466,792 women, 4,846 of whom use d stimulants for ADHD during pregnancy and 453 who used atomoxetine. The remaining 1,461,493 were in the control group.
After adjusting for various risk factors, stimulant use was associated with a relative risk for preeclampsia of 1.29, 1.13 for placental abruption, 0.91 for infants born small, and 1.06 for preterm birth compared with no exposure.
What Does This Mean for Expecting Mothers with ADHD?
According to Medscape, authors from both study agree that the increases are modest and any risk must be considered next to the severity of ADHD symptoms.
Norby, lead author of the first of the two studies, stated, “Poorly controlled ADHD symptoms might result in poorer adherence to antenatal care, an unhealthier lifestyle, and increased maternal stress that, in turn, can affect the fetus negatively.”
With that, Norby concluded that if the medication is essential in managing a woman’s ADHD symptoms, “we do not find that our results concerning neonatal complications justify abstaining from therapy.”
The lead author of the other study, Cohen, provided similar insight saying, “It is important to balance the benefits of treatment, which may improve functioning, including maintaining family relationships, adherence to prenatal care, and avoidance of substance abuse.”
Will I Have to Go to Court for My Personal Injury Case?
Whether or not your case goes to trial is dependent on the facts of your case. While most personal injury cases settle without the plaintiff ever having to set foot in a court room, it is important that you and your attorney prepare your case as though it will be tried to verdict.
What Can I Expect When My Case Is First Filed?
The early stages of your case or some of the most crucial as the quality of evidence and the ability of witnesses to accurately recall details of your accident and injuries can diminish rapidly. This is why it is best to contact an attorney as soon as you can follow a personal injury accident.
As soon as you contact Thomas J. Henry, an attorney will begin taking the steps necessary to preserve and gather evidence for your claim. This may include gathering photographic evidence, taking witnesses statements, reviewing official reports, and even filing a temporary restraining order if your attorney feels any evidence is at risk of damage, destruction, or tampering.
Once your doctor believes your condition is stable, your attorney will begin assembling medical reports, records, and bills and begin calculating damages. If you missed work due to your injury, your attorney will seek out employment records in order to evaluate damages related to loss of wages and loss of earning potential.
The goal is to establish the facts of your case. Specifically, that your accident was the result of negligent behavior by the defendant, that the accident resulted in injuries or damages, and that the defendant should be held liable of those injuries and damages.
When Will My Attorney Enter into Settlement Negotiations?
Typically, true settlement negotiations will not begin until your attorney and the defense have both completed their pretrial investigations and had time to go through the discovery process. Part of the discovery process may include your attorney and the defense soliciting written answers from the opposition, called interrogatories, and may even request sworn testimony be given under oath, known as a deposition.
Keep in mind, it is very rare for an insurance company to engage in serious settlement talks before the facts of the case can be acquired. If your case is particularly complex or involves a large commercial entity, the defense may decide to wait for your attorney to identify their expert witnesses before discussing potential settlement amounts.
In such a scenario, the defense is trying to gauge the risk of going to trial versus settling out of court. If an attorney has access to high-quality expert witnesses, the defense takes this as a sign that the attorney has the resources and experience to fight it out in trial and that a settlement may be the safer option.
In extreme cases, the defense will not engage in serious settlement negotiations until they have filed a motion for a summary judgment, often called a motion to dismiss. If the motion is granted, your case is over; however, if the motion is denied by the court, an experience attorney will be able to use the failed motion as leverage in subsequent negations.
If a Settlement is Not Reached, Does that Mean I Go to Trial?
If your attorney and the defense are unable to agree on a fair settlement or if the defense challenges liability in the case, then your case will go to trial. If your attorney has not prepared your case accordingly, your claim may be in jeopardy.
At Thomas J. Henry, we treat every case as though it will go to trial. This way, if trial becomes necessary, has already gathered the evidence and witness testimony to prove your claim before a jury or judge. It is important to understand that trials take time – as such, patience is key. While there is little that can be done to speed up the litigation process, there are ways to use this time to your advantage. While your case is pending, your attorney will coach you on court room procedures and how to handle questioning and cross-examination. They will also continue to review evidence for new opportunities to improve your claim to compensation.
Thomas J. Henry has been successfully trying cases against large companies for the past 30 years and has built a reputation by securing record-breaking jury verdicts. With a team of more than 100 attorneys ready to represent injured clients at a moment’s notice, we have the money and the resources to fight and win against even the largest trucking and insurance companies.
Who Can File a Texas Wrongful Death Claim?
When an individual is killed in an accident that is the result of negligence, the family of that individual has the right to pursue a legal action against the party responsible for the accident and death. This action may come in the form of a wrongful death claim, a survival action, or both. Who is able to file the suit is dependent on the action that is being pursued.
What is a Wrongful Death Claim?
A wrongful death claim is a claim in which a family seeks damages related to the loss of a loved one. The important thing to remember about wrongful death claims is that they are not actually filed on behalf of the deceased person; instead, they are filed on behalf of the individuals affected by the decedent’s death.
As such, the damages family members seek when filing a wrongful death claim are:
- Loss of quality of life
- Loss of love and emotional support
- Loss of financial support
- Loss of companionship
- Loss of society
Who Can File a Wrongful Death Claim in Texas?
Texas law is very clear on who can and can’t file a wrongful death claims. Wrongful death beneficiaries are limited to three categories:
Other relatives, even those that may be considered immediate family like brothers and sisters, are barred from pursing wrongful death claims in Texas.
What Is a Survival Action?
A second option that may be available following the death of a loved one is a survival action. The name can be confusing as the claim is actually filed for a person who has passed away, but understanding the purpose of the claim also helps to explain its title.
When a survival claim is filed on behalf of a deceased person, the victim’s family is essentially asserting that:
- The person died because of the defendant’s negligence.
- This negligence caused pain and suffering to the person before they died.
- Had the person survived, he or she would have been able to pursue legal action against the defendant to recover compensation for pain and suffering.
- The defendant should not be able to avoid liability for pain and suffering just because the person died.
- The pain and suffering damages should be paid to the deceased person’s estate.
Beyond pain and suffering damages, a survival claim can seek medical costs associated with medical procedures procured prior to the victim’s death as well as funeral and burial expenses.
Who Can File a Survival Action in Texas?
Because a survival action is seeking damages on behalf of the decedent’s estate, the claim must be filed by an estate representative or legal heir to the estate. When there is not a legal beneficiary to file a claim, relatives may pursue the action jointly.
When filing a survival action, your attorney may engage the services of a qualified probate attorney who will “open an estate” in order to ensure the claim is properly represented in court.
Can I File Both a Wrongful Death Claim and a Survival Action in Texas?
Because the two statutes represent two distinct actions, they may be consolidated into a single lawsuit depending of the circumstances of the death. This means that the lawsuit would seek survival action damages on behalf of the decedent and wrongful death damages on behalf of the decedent’s loved ones.
However, in order for either of the claims to be successful, it is essential that the family speak with an experienced wrongful death attorney. Consulting with an attorney will allow you to understand the full scope of your rights, any potential obstacles your case might face, and how best to pursue legal action against those responsible for your loved one’s death.
Contact an Experienced Wrongful Death Attorney
If you have lost a loved one due to the negligence of an individual, company, or other entity, contact Thomas J. Henry. Our experienced wrongful death attorneys are available 24/7, nights and weekends to talk with you and your family about your potential case. At Thomas J. Henry, we offer a free case review, and you don’t owe a thing unless we win your case. Our results speak loudly of our success in obtaining successful verdicts, settlements, and judgments for our clients. Let us help you and your family recover the compensation you deserve.
OshKosh Recalls Quilted Baby Jackets for Choking Hazard
About the OshKosh Baby Jacket Recall
According to the Consumer Product Safety Commission (CPSC), the recall affects pink and gray OshKosh Baby B’gosh quilted jackets. Reports suggest snaps used on the jackets can detach and pose a choking hazard to young children.
Consumers are urged to take the recalled jackets away from children and return them to any OshKosh or Carter’s store or contact OshKosh for a full refund in the form of a $34 gift card (for an infant size) or $36 gift card (for a toddler size).
The recalled jackets were sold at OshKosh, Bon-Ton, Kohl’s, Fred Meyer and other retail and department stores nationwide from August 2017 to September 2017 for between $35 and $40.
Description of the Recalled Baby Jackets
The following information was provided by the CPSC:
|Color||Style Numbers||Size||UPC Codes|
What Is Liability Insurance?
Liability insurance is a very broad term, especially in Texas. In its broadest sense, liability insurance covers the conduct of a person, persons, or a business following an incident resulting in injury or death and helps protect them from the risk of liabilities imposed by lawsuits or similar claims.
How Does Liability Insurance Work?
On its most basic level, liability insurance says that the liability insurer has three major duties:
- The duty to defend – The duty to defend most often provides that the insurer has the right and duty to defend the insured against all lawsuits and claims to which policies apply. For example, if a property owner has liability coverage applying to slip and fall accidents and a slip and fall claim is made against that property owner, it would trigger the insurer’s duty to defend against that claim.
- The duty to indemnify – An indemnity case arises when an individual is obliged to pay for losses or damages incurred by another individual or entity in an event or an accident, such as a car crash. The duty of indemnity means that the insurer must pay for all covered sums for which the insured is deemed responsible, up to the limits of coverage.
- The duty to settle a reasonably clear claim – This means that if a reasonable opportunity to settle a claim arises, either because the plaintiff has made a settlement offer or the insurer is aware of information to the effect that the plaintiff would accept an offer, the insurer is obliged to move on the settlement.
What Are Some Examples of Liability Insurance?
If there is a risk that an activity, industry, or property may result in the injury or death of a third-party, then there is most likely some form of liability insurance available. Common examples of this include:
- Liability insurance for company vehicles
- Liability insurance for store owners
- Liability insurance for construction sites
- Liability insurance for amusement parks
- Liability insurance for apartment complexes
- Liability insurance for 18 wheelers
- Liability insurance for personally owned vehicles
- Liability insurance for product manufacturers
How Does Liability Insurance Affect My Personal Injury Claim?
The reason liability insurance is an important topic in personal injury law is that, in most cases, the liability insurer will be the entity that pays for the damages awarded in your claim. Think of getting car repairs following a collision. If you are rear-ended by an insured driver, the driver isn’t the one paying for your repairs. Rather, the insurer takes on the duty of paying for your repairs up to the point allotted by that driver’s policy.
Liability insurance does the same thing for personal injury. If you are rear-ended by an 18-wheeler, neither the truck driver nor the company will be footing the bill. Instead, the company that insures the trucking company will payout your claim.
Good liability insurance benefits you as a plaintiff as you can be relatively certain that the insurer will have the financial resources necessary to pay your settlement or financial award, even if the trucking company is not doing well economically.
Can Dealing with a Liability Insurance Company Be a Bad Thing?
Liability insurance can be a bad thing provided you do not have an experienced personal injury attorney to help you with your claim. Just as a liability insurer has the financial resources to settle and pay out your claim, they also have the financial resources to hire legal experts to challenge your claim.
At Thomas J. Henry, we have the financial and legal resources to level the playing field. We have the money to fight the long fight, and we have a team of attorneys that can go up against those employed by even the largest insurance companies.
Thomas J. Henry Personal Injury Attorneys
Thomas J. Henry Injury Attorneys is a personal injury law firm with offices in Corpus Christi, Texas, San Antonio, Texas and Houston, Texas representing accident victims nationwide. Our priority is to provide our clients with the best legal representation. Our experienced trial attorneys are committed to defending your rights in personal injury matters including defective products, recalled drugs, child injuries, and auto accidents.
If you or someone you love has been injured in an accident, contact our offices immediately – we are available 24/7, nights and weekends.