Frequently Asked Questions

Car Accidents

If anyone is injured, you should call the local police at the scene. It is vital that a police officer be on hand to evaluate the circumstances, talk to witnesses, and take statements from people who saw the accident. If you are experiencing any pain or suffered any potential injuries, seek medical attention from a reputable doctor or go to the emergency room. The police will make sure your car is towed and properly taken care of.
Don’t feel compelled to take responsibility for the crash. It’s easy to say “I’m sorry” after an accident even when it wasn’t your fault, but using that language could hurt your case. Most every insurance company advises their drivers to refrain from admitting fault at the scene.

If you have any injuries.

Get the medical care you need ASAP. This should absolutely be your most important concern after an accident. Go to the doctor immediately after the crash and track any new health issues in the weeks and months that follow. Follow the medical professional’s advice and seek further/continued treatment if at all necessary. Keep records of your damages. File away medical bills, medical records, and any other paperwork related to the accident.
Speak with an attorney about your legal options (free consultation). Personal injury attorneys will handle your car accident case at no cost to you, letting you focus on recovering instead of fighting the insurance company.
DO NOT talk with the other driver’s insurance company! Instead, refer them to your lawyer and ask that any further communication be directed to your attorney. Insurance companies will use every trick in the book to reduce the value of your potential claim if you are not represented.

If you have NOT been injured.

Take pictures and then exchange contact information with all other drivers involved. If there are any witnesses, obtain all of their contact information. Remember to write down the other driver’s insurance company, his license plate number, driver’s license number, address, and insurance policy number.
Inform your insurance company within 24 hours of the accident so that they can begin filing claims.

If you have been seriously injured in a car accident, then it is highly recommended that you talk to an attorney. If you personally have not won a lawsuit against an insurance company before, they’re simply not worried about you filing a lawsuit. They have no reason to fairly negotiate with someone who will not beat them in court. When you’re represented by an experienced attorney, they take your claim much more seriously.
Not only is this period stressful, but it’s also emotionally draining. Unwittingly, motorists can give incriminating statements, incorrectly assume a degree of guilt, and fail to provide evidence all at the prodding of an opposing insurance agent. Insurance agents are in business of saving their employer money. They actively discourage court proceedings and will attempt to settle out of court for a fraction of what you’re owed before you have time to speak with a lawyer. When your livelihood is on the line, you simply cannot handle an injury case by yourself. You will be taken advantage of.

Legal experience is irreplaceable.

There are a million reasons why you need a lawyer if you’ve been injured in a car accident, but the most important is that we do this every day. We know how to work with the insurance companies, and we know how to get our clients the cash they truly deserve. If you were to try and negotiate a settlement yourself, trust when I say that you will not get a fair settlement offer. These adjusters use a thousand tricks to get you to settle quickly and cheaply, and again, they’re simply not afraid of your threats to bring a lawsuit.

Do you know how to file a Stowers demand? How about responding to a list of admissions? Do you know the procedures of getting evidence accepted into court? There are certain steps that need to be followed by anyone looking to bring a case to court. If you decide to go ahead and do it without a lawyer, your case might get thrown out simply because you lacked certain things that needed to be done before bringing it in front of a judge – and you only get one chance to bring your lawsuit.

The law is extremely complex. Lawyers, just like doctors, must go through years of additional schooling to learn the intricacies of law (not to mention learning specific case law and attending ongoing education). Surely you don’t believe that you can successfully handle a lawsuit. I mean, you wouldn’t try to perform surgery on yourself would you?

Proving liability.

A lawyer can be very helpful when it comes to proving liability. A favorable police report is not all you need to win your case (and oftentimes police reports are inadmissable due to the officer’s limited knowledge about liability law). You need an attorney who understand the intricacies of the law so that they can prove by a preponderance of evidence that the accident wasn’t your fault. A lawyer can provide references to cases as well as statutes and citations which will all contribute to you proving your case.

Rasansky Law firm is a Dallas car accident law firm with a team of experienced lawyers waiting to fight for your rights. Please call us at (214) 617-1886 any time of the day. We’ll help you win your case and won’t charge you a single cent unless we win you money. That’s right: no win = no fee. Talk to us today and we’ll get started on your case as soon as possible.

If you have been seriously injured in a car accident, a Texas personal injury attorney can help you understand your rights as well as whether or not you have a viable claim for damages. An experienced attorney can also navigate the process of securing compensation for your injuries, from negotiating with the insurance companies to representing you in court.
Many Dallas car accident law firms, including this one, offer car accident victims free consultation so that they can get their questions answered and better understand their case.

It can be difficult to know who to speak with in the minutes, days, and hours after a car accident. In addition, in the confusion following a crash, you may speak without thinking or say something you don’t mean which can end up hurting your case.
While it is important to speak with both the other drivers involved in your crash as well as the police officer who responds, be sure not to admit fault during these conversations or apologize. You may think you were at-fault, but later analysis could show that you both shared fault.
In the same vein, it’s important not to give an official or recorded statement to an insurance company before clearing your head, getting the medical attention you need, and speaking with an attorney. Generally speaking, a Dallas Texas car accident lawyer can look out for your best interests, as well as help you better understand your case and how to proceed in the wake of an injury accident.

The first question is ‘do you really need a Dallas accident lawyer?’ If it is a simple accident with no injuries and very little property damage, you may not an attorney. On the other hand, it is always a good idea to speak with a lawyer when:

  • There is significant property damage
  • You have sustained serious injuries or long term injuries
  • You are unable to work because of your injury
  • A child was injured
  • A person has died
  • A person is left with a permanent or long-term disability
  • More than one party is at fault
  • You are accused of being partially at fault

It may also be a good idea to consult a Dallas car accident attorney if:

  • You may be partially at fault for the accident
  • You don’t know the value of your accident claim
  • You are asked to make a recorded statement
  • The insurance adjuster has made an offer that seems low
  • The insurance adjuster has offered a structured settlement
  • The insurance adjuster wants you to provide medical records that are not related to the accident
  • You are having difficulty documenting lost wages
  • The insurance company is stalling
  • Your claim has been denied

If you need a Dallas car crash lawyer, the best time to call is right away!  The sooner you call, the sooner the attorney can start preserving evidence, filling out paperwork, and dealing with the insurance adjuster on your behalf. To learn more, request a free copy of Accident Claim Do’s and Don’ts or call the Rasansky Law Firm at (214) 617-1886.

Once you have decided to seek the services of a car accident injury lawyer, you immediately have another decision on your hands: how do you choose the best attorney?
First and foremost, understand that you are not choosing the best personal injury attorney in Dallas, you are choosing the best personal injury attorney in Dallas for you. A lawyer that is perfect for your neighbor may not be perfect for you. Ask yourself: do you want an attorney who involves you in the process or not? Do you want an aggressive attorney or not? Do you want an attorney who is willing to go to court or not?
Secondly, visit the attorney’s website and verify his or her experience, legal background, and other qualifications. Has the attorney successfully taken on cases similar to yours?
Finally, take advantage of the attorney’s no-obligation consultation. Here, you can meet with your lawyer in person and determine whether he or she is the right fit for you. Understand that you absolutely do not have to work with an attorney after the initial meeting – it is up to you.

Insurance companies have a number of strategies for getting a recorded statement from you in the wake of your traffic accident. They may act like giving a recorded statement is required by law or by a contract. They may very kindly ask for a statement. They may act as if giving a recorded statement is absolutely normal. However, do not give a recorded statement to any insurance company until you have spoken to a personal injury attorney about your case.
Why shouldn’t you give a recorded statement? Insurance companies like recorded statements because they often catch injury victims off guard and very soon after the incident. They are hoping that their interviewee will misspeak, apologize for the accident, or even incriminate themselves. Because it is so easy to say the wrong thing off the cuff, it is always better to submit a written statement in which you can carefully and fully recall the details of the accident.
Is an insurance company pressuring you for a recorded statement about your accident? Talk to a Texas vehicle accident attorney today about your case and avoid common injury claim mistakes.

Most people get hoodwinked by the glitzy television ads which quote large figures given to plaintiffs in different types of cases. These ads are not only unfair; they also misrepresent the reality you may face. Today, we’d like to give you a more precise idea on how much you can expect to get from your car accident injury claim based on a number of variables.

1. Medical Bills

Your medical bills are perhaps the most important determinant when it comes to gauging how much you can expect from your settlement or potential verdict. Various things such as ambulance, emergency room, anesthesiologist and hospital room fees can all add up to an astronomical amount, making it hard to pay these bills off without adequate compensation.
Failing to seek medical treatment following a car accident can and will have a detrimental effect on the value of your claim (see video on subject). If you’re worried about the cost to see a doctor, most attorneys (including us) can refer you to a doctor or specialist which works on a “letter of protection.” This basically means that the doctor agrees to treat you for no up-front cost, as long as he or she gets paid back when the case settles or ends in a successful verdict for the plaintiff (victim). If the victim is not awarded any compensation, the doctor does not recover anything. There is no financial risk for the injured party.

2. Wages/Missed Salaries

Every day you spend out of work means a day lost in terms of income. This can add up to a substantial amount with time, which in turn may mess your budget or mortgage payments up. An experienced Dallas car accident attorney will look at your work schedule, contracts, returns, paystubs and other vital documents in order to gauge how much you should sue for so that you’re reimbursed for any loss of income caused by the negligent party.

3. Insurance Policy Limits

Insurance companies usually have policy limits when it comes to how much they are required to pay out. Since they’re a business, they will try as much as possible to downplay the accident in order to pay out the least amount of money. At the same time, they may lie about what their limits actually are – especially when speaking to a non-attorney. It is vital that you not try and negotiate with the insurance company. If you do, you will ONLY hurt the value of your case.

4. Statutory Caps on Damages

In some states, claims are capped at a certain amount. This is meant to discourage frivolous lawsuits. However, this is unfair to people who have sustained substantial injuries and are looking at a lifetime of care and rehabilitation. Speak to your lawyer to find out what legal caps may come into play in your case.
Other factors such as comparative liability, time passed and medical history also factor in determining the value of a car accident injury claim. If you’d like a full breakdown of these factors, please contact Rasansky Law firm at (214) 617-1886 today and discuss your case with an attorney for free.

First thing’s first. If you are not an attorney who’s litigated a case before, you really should not be negotiating a settlement. Insurance companies do this every single day and they know every single trick they can use in order to limit the value of your claim – or to deny liability outright. Most people who get into car accidents are approached by insurance companies promptly in order to get them to settle quickly, before the full extent of their injuries are known. One little-known statistic: hiring an attorney can increase your potential settlement amount by over 300%.

Don’t sign anything!

While you may wish to get compensated as quickly as possible, you need to be aware that the insurance company wants to settle as quickly as possible for their own benefit. Once you settle, you give up your right to seek anything further in relation to the event. If you were to later discover that you will require ongoing physical therapy, you will now have to pay these costs out of your own pocket.

You deserve a sizable payout.

We understand that these situations can be physically and emotionally draining. Let your attorney handle the hard work – that’s what they’re there for. Your lawyer will demand the FULL amount of compensation that you deserve. We can demonstrate to the insurance company (and to a court) exactly why you are owed what you’re owed.
Our goal is to get you the full amount of your claim, but we also recognize the importance of settling a case in order to avoid a long, drawn-out lawsuit. If the insurance company does not meet our initial demand and chooses not to reasonably negotiate, we can file a lawsuit in order to legally compel the liable party to pay you what you’re owed.

Having an attorney settle your case is the best thing you can do for yourself, and your future.

An out-of-court settlement takes place when the two parties involved in a car accident injury case reach an agreement about the claim outside of court, usually with the help of their attorneys. Out-of-court settlements happen without the opinion or the aide of a judge, a jury, or other officials – and a judge does not have to agree with or approve the settlement. Once an out-of-court settlement is agreed upon, neither party is allowed to take the case back to court, as it is a legally binding contract.

In most cases, an out-of-court settlement involves the defendant paying the plaintiff an undisclosed amount of money, and the plaintiff dropping their lawsuit in turn.
Many Texas personal injury cases, car accident cases, and wrongful death cases are resolved out of court. Both plaintiffs and defendants can prefer an out-of-court settlement because they do not leave the decision up to a judge or jury, because they can save time, and because they can save money by cutting legal costs. The real question here is should I be settling my case out of court? By the way, statistics show that those who hire a lawyer receive settlements over 300% higher on average than those who don’t.

If you need assistance with your Texas personal injury case, you may wish to speak with a Dallas car accident lawyer at Rasansky Law Firm. Call today to schedule a free, private consultation.

The amount of time it will take you to settle your car accident injury claim will vary significantly depending on the extent of your injuries and the complexity of the case. In fact, no settlement discussions should be made until after you have completely finished medical treatment an thus have full knowledge of your actual damages.

While a straightforward traffic accident case could be settled in three or four months, a case involving long-term recoveries, permanent injuries, or lost wages could take much longer. If the insurance company is fighting your claim or refusing to settle, this will also likely extend the length of the claim. However, if your insurance company is delaying your claim payment for an unreasonable amount of time and for no valid reason, they could be acting in “bad faith,” which could lead to a larger award.

After a Dallas car crash, it is somewhat common for accident victims to turn down a medical examination by paramedics at the scene or to refuse to be taken to the hospital by ambulance. While these decisions may seem like the right choice at the time, it is very important that you follow the recommendations of the emergency responders at the scene of the accident – both for your health and for legal reasons.
In many cases, those who have been involved in traffic accidents feel overwhelmed, embarrassed, and confused after a crash. In fact, many may actually be in shock – a state where they cannot accurately assess their physical condition. While you may feel like you just want to get home and away from the drama, the best thing to do is to listen to what the EMTs on the scene have to say. You may have an internal injury that is not readily apparent, or you could have an injury that won’t actually hurt for hours or days.
At Rasansky Law Firm, we often see cases in which accident victims did not go to the hospital after the crash and then had difficulty securing compensation for their injuries because they initially refused medical care. If you are struggling with this issue, or with any Texas accident claim, call us today for assistance.

If the incident is judged to be your fault, then yes. If the incident is not believed to be your fault, then it depends on several factors.
If you file several claims that were not your fault within a year’s time, the insurance rate will probably go up, because they will start to see you as a reckless driver.
Insurance rates are lowest for experienced motorists who practice defensive driving and who have few if any auto accidents on record. If you have just one incident for a number of years, and it is not your fault, then the insurance rate should remain unaffected.

Losing an unborn baby due to injuries sustained in a traffic accident (or any other kind of accident) can be extremely traumatic. Because of the nature of the loss in this type of accident, many states have struggled to decide upon a fair way to handle these cases and determine fair compensation.

In 2003, a Texas woman lost her unborn baby just weeks before her due date when she was injured in a car accident that wasn’t her fault. Although at the time Texas did not legally consider a fetus to be an individual, the woman took her wrongful death case to court and through the appeals system. The result was the 2003 Texas Wrongful Death Act amendment, that stated that viable fetuses were individuals and that the loss of such fetuses could result in a Texas wrongful death lawsuit.

In addition to a wrongful death lawsuit, an accident victim may also have the option of suing for other damages, such as those related to the emotional trauma that comes with losing an unborn child in an accident. If you have been involved in a car accident that led to a miscarriage, speak to an experienced Dallas injury attorney today about your case today.

Rasansky Law Firm is available 24 hours a day by phone ((214) 617-1886) or email.

Losing an unborn baby due to injuries sustained in a traffic accident (or any other kind of accident) can be extremely traumatic. Because of the nature of the loss in this type of accident, many states have struggled to decide upon a fair way to handle these cases and determine fair compensation.
In 2003, a Texas woman lost her unborn baby just weeks before her due date when she was injured in a car accident that wasn’t her fault. Although at the time Texas did not legally consider a fetus to be an individual, the woman took her wrongful death case to court and through the appeals system. The result was the 2003 Texas Wrongful Death Act amendment, that stated that viable fetuses were individuals and that the loss of such fetuses could result in a Texas wrongful death lawsuit.
In addition to a wrongful death lawsuit, an accident victim may also have the option of suing for other damages, such as those related to the emotional trauma that comes with losing an unborn child in an accident. If you have been involved in a car accident that led to a miscarriage, speak to an experienced Dallas injury attorney today about your case today.
Rasansky Law Firm is available 24 hours a day by phone ((214) 617-1886) or email.

According to the Texas Transportation Code, reckless driving consists of operating a vehicle with willful or wanton disregard for the safety of others or personal property. Reckless driving has more serious consequences than a simple moving violation and traffic ticket – it is a misdemeanor offense that comes with fines up to $200, possible license suspension, and up to 30 days in jail.
How is “willful or wanton disregard for safety” defined? Generally, reckless driving is when a driver intentionally or deliberately puts others in danger without provocation. Reckless driving offenses often involve breaking more than one traffic law. Some examples of reckless driving include driving significantly over the speed limit, weaving in and out of traffic, ignoring multiple traffic signs and stop lights, or street racing. Reckless driving is not a felony, but a reckless driver could face felony charges if his or her driving caused an accident involving serious injury or death.
Have you been injured in an accident that you believe involved reckless driving? Speak with a Dallas-Fort Worth car accident attorney at Rasansky Law Firm about your case. Our lawyers can help you understand who was at fault for your accident and whether you may deserve compensation.

Depending on the particulars on your Texas personal injury lawsuit, information taken from a car black box recorder – also known as an event data recorder (EDR) – can either help or harm your case.
EDRs are increasingly common in newer cars, and some vehicle owners don’t even know that their car contains a black box device. The small recorders can tell authorities a wealth of information about a traffic accident in the wake of a crash, including the car’s speed, whether or not the brakes were applied, and even whether or not passengers were buckled up. While information that shows you were adhering to traffic laws can help your TX accident case, information that shows that you were speeding or did not brake could harm your case.
Generally, black box recorders and EDRs are a good thing for car accident lawsuits because they can provide solid evidence regarding how and why a traffic accident occurred. However, it is important to know your rights regarding EDR information from your car and from others’ cars in Texas. To learn more about how black box recorders could affect your car accident lawsuit, contact the Dallas personal injury attorneys at Rasansky Law Firm.

Honestly, you really can’t know if your airbags are safe.  The airbag compartment is sealed, which means it is impossible to know if you even have airbags or what kind of condition they are in. However, here are some tips that can help you identify a potential problem.

  1. If own a used car, order a vehicle history report from CARFAX or AutoCheck. The report will tell you if your car has been in any previous accidents, has been declared a loss, been issued a salvage title, or has been rebuilt.  Look to see if the vehicle has had any previous airbag deployments.
  2. If your car is a salvaged vehicle, look for signs that the vehicle has been in a flood. Water damage can prevent even an unused, intact airbag from deploying. Signs include:
    • Musty smell
    • Moisture
    • Rust
    • Water stains
    • Electrical problems
    • Mismatched upholstery or carpet
    • Debris in engine
    • Fog or condensation in headlights or taillights
  3. Check whether the airbag cover matches the rest of the car.  A mismatched airbag cover could be a sign of tampering.
  4. Does your airbag indicator work? When you turn on your car, the airbag indicator should light up and then go out. If it doesn’t light up, flashes, or remains lit, you may have a problem with your airbag system.

To check your car for active recalls, use this site to check by VIN. If you suspect a problem with your airbag, take your car to a trusted mechanic or auto dealership for an inspection. An airbag is an important safety feature. You don’t want it to fail in the event of a car crash.
The Dallas auto accident attorneys at Rasansky Law Firm can help you if your airbag fails to deploy during a car wreck. Contact our office at (214) 617-1886 to learn more.

If the bar either served a minor, or over-served a patron, then yes you may be able to recover a portion of your total damages from the bar, club or restaurant. This is thanks to Texas’ Dram Shop laws. 38 states across the country, including Texas, have dram shop liability statutes on the book.
Bars exist to make a profit. That being said, bars are not supposed to put the lives of their patrons in jeopardy just because of money. The dram shop law exists to ensure that bars are kept in line and that individuals who are “obviously intoxicated” don’t get served more alcohol.
In Texas, the dram shop statute makes businesses which sell alcohol to an individual who is obviously intoxicated, strictly liable to anyone injured by the drunken patron. The law goes on to state that the defendant should have noticed that the plaintiff was obviously drunk, thus serving him more alcohol would be tantamount to negligence on their part.

Negligence on the bar’s part.

Serving too much alcohol to a patron constitutes negligence and gives you the right to sue the bar that got a drunk driver drunk to the point of causing an accident for their portion of liability. This is because bars can contribute to a DWI accident when they do not follow the rules laid out by the TABC.

Conditions for filing a claim.

For a lawsuit targeting a bar and its management to be valid, there are certain things that need to be in place according to the law:

  1. Your Dallas drunk driving lawyer needs to prove that the bar sold the person in question alcohol.
  2. Your attorney also needs to prove that at the time the person was being served, it was possible to ascertain that he was “obviously” intoxicated.
  3. There also needs to be proof pointing to the fact that the intoxication was the proximate cause of the accident.

All these requirements can be handled by competent attorneys through proper investigation. Because of the complexity of such cases, contacting a Dallas drunk driving attorney is really your only course of action. Trying to start your own case can lead to your claim being dismissed – and you only get one shot.

Bars (like all businesses) exist to make a profit. Left unregulated, bars will encourage more sales and more consumption of alcohol in order to make more profit. Unfortunately, serving people past the point of intoxication increases the number of drunk drivers on the road, putting others in the community at risk of serious injury or death.
Placing profit ahead of people’s lives is immoral and dangerous, and this is why these “dram shop” laws exist in almost every state. Serving alcohol is a responsibility, not a right, and the TABC has put in place very strict rules which all alcohol serving establishments must follow in order to protect the community. If a bar chooses to play by the rules, they are protected from dram shop lawsuits under what is known as the “trained server” defense. Unfortunately, many bars and restaurants simply choose to break the rules and press their luck.
When a bar, club, or restaurant ignores these rules and someone is injured or killed as a result, they open themselves up to liability and can be sued for their portion of responsibility in such an accident.
Do you believe a bar or restaurant may have overserved the person who caused your accident? Call our Dallas drunk driving accident lawyers. We can help you determine your legal options.

Whether you’re a first party (the drunk driver) or a third party (anyone else injured in the accident), you may absolutely be able to file a lawsuit. As a passenger, you’re considered a third-party and may sue both the drunk driver, as well as the bar which over-served him or her.
In these kinds of cases, time really is of the essence. You have to act fast to allow for proper evidence collection and enough time to build a solid case. Rasansky Law firm is a dedicated Dallas dram shop attorney who deals with car accidents on a regular basis. If you’ve been in an accident with a drunk driver, you may be able to get compensation thanks to Texas’ Dram Shop laws. These laws enable you to hold the drinking establishment liable for their portion of liability. For more information, call (214) 617-1886 and speak to our Dallas attorneys.

You absolutely have the right to fire your car accident lawyer and find a new one that better suits your needs. If your car crash attorney has simply not met your needs, you can seek the opinion of another attorney to verify whether or not you should terminate the relationship with your current lawyer. If your lawyer has acted in an unethical manner or broken the law, be sure to report them so that others aren’t also affected by their unprofessional actions. The bottom line? If you believe your lawyer’s poor actions may affect the outcome of your Texas car accident lawsuit, you should look for better representation.

First, realize that you always have the option of suing if there is evidence to suggest a mechanic is at fault. However, if a questionable mechanic job leads to an automobile accident where there is an injury or major damage, then there may be grounds for a lawsuit.
You would have to prove that the mechanic negligently repaired your car, and that the automotive breakdown happened because of the mechanic’s specific act of negligence and not by coincidence.

A phantom vehicle, according to insurance companies, is a vehicle that causes a car accident or car accident injury without ever coming into contact with the car that crashes. In the majority of cases, a phantom vehicle will leave the accident scene in the seconds after causing the crash, making it difficult to prove fault and collect compensation unless witnesses come forward or physical evidence is found.

Also know as “miss and run” accidents, phantom vehicle accidents often occur when another driver’s reckless or sudden movements cause you to hit another car or run off of the road. For example, a car that is illegally passing cars, speeding, weaving through traffic, or stopping suddenly could cause a phantom car accident. In some cases, cars may even purposefully run other vehicles off of the road.
Just because phantom car accidents can make it more challenging to collect damages does not mean that you should give up on receiving compensation after your miss and run crash. The best way to learn about your case and your best options for moving forward is to schedule a free, no-obligation meeting with a Texas car accident attorney.

A “miss and run” car accident is like a hit and run accident – except that the vehicle that causes the accident does not make any visible physical contact with your car before speeding from the scene of the crash. Also known as a phantom car accident, miss and run accidents can still result in serious property damage, life-threatening injury, and even death even though the two vehicles never collide.
What makes a miss and run accident legally different from a hit and run accident? Miss and run accidents often suffer from a lack of evidence, especially if there were no witnesses to the accident other than you. Insurance companies are suspicious of miss and run cases because there is a chance that the person reporting the accident is fabricating the second car to pin fault on someone else.
There are ways to prove a phantom car crash – tire marks on the pavement, cameras in the area, and witness statements can all help support your story. Although phantom car accidents are more difficult to receive compensation for, you should still absolutely speak with a Texas injury attorney if you have been involved in a miss and run crash and would like to seek damages.

The term “freak accident” can be very overused – especially by the media and by those who don’t want to be blamed for causing the injury or death. While some select accidents are simply the result of bad luck, odd circumstances, or rare unfortunate events, many accidents could have and should have been prevented.
For example, we read about a recent case in which a driver was killed by a piece of debris that was on the interstate. His car kicked up the metal, which then flew through his windshield and struck him in the head. While newspapers said that he was the victim of a freak accident, we don’t believe that was the case. Where did the piece of debris come from? Did it fall off of a truck with a careless driver? Was it tied on to the vehicle improperly? Did other drivers call police to warn them that a dangerous piece of debris was on the road and nothing was done? As you can see, what initially looks like “bad luck” and a “freak accident” might have been caused by negligence and prevented.
Before dismissing your accident or the accident of a loved one as a “freak accident,” make sure you have a professional review your case and examine the evidence. Speak to a Dallas truck accident attorney today to find out the truth about your case, as well as whether or not you could seek compensation for your injuries.

Being involved in a hit and run accident can be frustrating. Your best chance for finding the driver is to collect as much information as possible (e.g. the color, make, model of the car and license plate number if available). If you are physically able to do so, gather as much information from witnesses as you possibly can as this information could help police in their search for the hit and run driver and make filing an insurance claim much easier.

If the police are unable to locate the other driver (and you were not injured in the crash), your next step would be to file an uninsured-motorist claim for property damage with your own insurance company.

If you were hurt in the accident, be sure to consult with a personal injury attorney about your potential injury claim as these are handled very differently from property damage claims. In addition to an uninsured motorist claim, you will likely wish to file a personal injury protection (PIP) insurance claim as well. A PIP claim will give you near-immediate access to needed cash, and are considered “no-fault” claims. This means that your insurance rates should not increase due to a PIP claim. Follow this link for more information on personal injury protection claims.

It happens; you get into a car accident and shortly find out that the other driver is uninsured. In such cases, your best option may be to file an uninsured motorist claim. This will help you recover money damages that will go toward compensating you for your injuries as well as the damage to your vehicle. Unfortunately, not everyone has UM coverage, and even if you do, you’ll likely have to pay your deductible.

Of course you also have the option of suing the uninsured driver. Unfortunately, very few individuals have substantial liquid assets that they can use to repay you. Even if you win a lawsuit against the at-fault driver, you may never see a penny of it.

Since every case is different and the options available to you depend on a variety of factors, consider taking a couple of minutes to give us a call or email. We’ll evaluate your claim and explain exactly what options are available to you for free. We’re available 24/7 at (214) 617-1886.

Generally speaking, the term “accident” refers to an unintentional collision. At the same time, many people feel as though referring to collisions as “accidents” implies that no one was at-fault, and/or works to downplay the root cause of most car crashes: human error.

Someone is almost always at-fault for a motor vehicle collision (except in extreme circumstances), so using the term “accident” can be misleading to many people. While it’s acceptable to interchange these terms in an informal setting, it’s important to understand that the choice of words can make a huge difference before a jury.

While in everyday conversation we refer to them as “car accidents,” official documents usually refer to them as car crasheswrecks, or collisions. In fact, most states have now renamed their police “accident reports” as “crash reports.”

In legal terms, there is a difference between the word accident and crash. Terms such as crashwreck, or collision provide a deeper understanding of what actually happened as opposed to the ambiguous term “accident.” An accident could refer to many things, while crash clearly implies a motor vehicle collision with no implied determination of fault.

Truck Accidents

First and foremost, accidents involving 18-wheeler trucks often result in more serious injuries and damages than other traffic accidents simply due to the fact that big rigs are much larger and more-massive than passenger cars.
In addition, truck accidents often involve multiple parties, companies, and insurance policies. When dealing with a truck accident case, your attorney often must deal with the trucking company, their insurance provider, the truck driver’s personal insurance company, the company that owes the trailer, their insurance provider, etc.
Truck accidents often involve vehicles from across state lines and are even subject to additional laws put in place by the Federal Motor Carrier Safety Administration. The truck driver’s (and company’s) adherence to these rules will play a very important role in determining liability, and should be thoroughly investigated by your attorney.
Accidents involving 18-wheeler are simply more serious, involve more-aggressive insurance adjusters, and are much more complex than normal car accidents. For these reasons, it is important that these cases are handled by a Dallas truck accident attorney who has considerable experience with commercial vehicle accidents.

If you are involved in a traffic accident with a big rig, you are more likely to suffer serious injury or death. Why is this the case? Very simply, 18-wheelers are considerably bigger and heavier than other vehicles and when they hit your car, they hit your car with more force. In addition, the size of commercial trucks makes it more likely that your car will be wedged underneath a truck or crushed during a truck rollover. While rear-ending another small vehicle on the highway can result in minor injuries, rear-ending a truck on the highway could involve the trailer of the truck smashing through your windshield.

Yes, all truck drivers in Texas are required to follow a number of regulations put forth by the Federal Motor Carrier Safety Administration (FMCSA) that are designed to reduce the number and the severity of truck accidents and truck accident injuries. All Texas truck drivers are required to carry truck insurance, maintain an accurate trucking log, carry a commercial trucking license, limit their driving hours, refrain from using mobile devices, use certain types of safety equipment, and give their tractor-trailer regular maintenance checks. While most traffic safety advocates agree that these federal trucking regulations are helpful, many would like to see tougher regulations as well as better means of enforcing existing trucking regulations.

All truck drivers in Texas – and all truck drivers across the country – are required to limit their hours behind the wheel by federal regulations drawn out by the Federal Motor Carrier Safety Administration (FMCSA). Most commercial drivers cannot drive more than 11 hours per day following a ten-hour break, and cannot work more than 14 hours after first coming on to duty for the day. Drivers must also not work more than 60 or 70 hours in 7 or 8 days without taking a day off. While these rules certainly fight against truck accidents caused by driver fatigue, some suggest that truck driver logs are too easy to doctor and that more enforcement is needed in the future.
Learn more about trucking accidents.

Unfortunately, despite federal laws and regulations and the instructors of their employers, some truck drivers still choose to drive while intoxicated.
Commercial truckers are subject to even stricter laws that other drivers on the road (for example, they cannot have a blood alcohol level beyond 0.02 without breaking the law). They are also often subject to drug and alcohol testing, both by the US Department of Transportation and by their employers. However, this still does not stop some truckers from drinking and/or using drugs while on the job.
Fortunately, our attorneys know how to hold truck drivers (and in many cases, the company which employs them) liable for the damages you’ve suffered as a result. If you have been involved in a Dallas truck accident that involved an intoxicated truck driver, contact our personal injury attorneys today at (214) 617-1886

Despite federal regulations limiting how long a truck driver can consecutively stay behind the wheel, truck driver fatigue remains a significant cause of truck accidents in Dallas, Texas.
According to the U.S. National Transportation Safety Board, and although federal trucking regulations regarding hours of service have been improved, an estimated 20 to 40 percent of all truck accidents somehow involve fatigued truck drivers. Fatigued driving can cause trucks to veer out of their lane, run off of the road, slam into the back of the car in front of them, and generally slow their reaction times.
In order to prove that the truck driver was drowsy, fatigued, or asleep at the time of your accident, you will likely need the help of a personal injury attorney in order to obtain ECM data recordings, the truck driver’s hours-of-service log, and testimony from the at-fault truck driver.

Despite federal regulations that are designed to keep Texas truckers alert and attentive while behind the wheel, truckers can still spend many uninterrupted hours on the road without interruption or breaks. These long, often monotonous hours mean that truckers often distract themselves with activities inside their cab.
At any given time, a trucker could be: eating a meal, talking on a cell phone, texting, using a laptop computer, or even watching a movie. These activities are dangerous while driving and distracting to truckers – and they can easily lead to 18-wheeler truck accidents.

In many cases, Texas truck drivers are in a rush: the faster they deliver the goods they are carrying, the more money their trucking company makes. While speeding trucks are even more dangerous than other speeding vehicles on the interstate, some truckers and truck companies believe that it is worth the risk in order to make an extra dollar. Because of their size and weight, speeding truck are more of a threat to others on the road and can result in even more serious Dallas truck accident injuries – and yet speed continues to be one of the most common causes of Texas truck crashes.

While your car only requires sporadic maintenance and irregular trips to the mechanic, commercial trucks in Texas need to undergo regular safety checks. Because of their heavy daily use and because of their size and weight, big rigs need extra attention, especially when it comes to the tractor-trailer’s brake system. Texas trucking companies and truck drivers who attempt to cut corners and save money may attempt to illegally skip regular safety checks – but all too often this violation of federal trucking laws leads to 18-wheeler accidents caused by mechanical problems and mechanical failures.

Truck “no zones” are the blind spots surrounding an 18-wheeler or commercial truck which other cars should avoid due to the increased risk of an 18-wheeler accident.

  1. The first no zone is located directly behind the tractor-trailer; an area where a truck driver cannot see you and where you are at risk of slamming into the back of the truck if it stops suddenly.
  2. The second no zone is located directly in front of an 18-wheeler. Since trucks cannot stop suddenly due to their size and weight, they must maintain a considerable following distance in order to avoid rear-end accidents.
  3. The final two no zones extend backward and diagonally from the left and right sides of the cab.

A runaway truck is a vehicle that has lost use of its brakes on a downhill slope. Large commercial trucks are more likely to suffer a brake malfunction due the size and weight of big rigs – especially when the brakes are put under stress by heavy use on steep declines such as those found on mountain passes.
Some runaway-truck crashes are caused by trucking companies who do not engage in regular brake maintenance (as is required under federal law), truckers who do not use or maintain their brakes properly, or mechanical issues caused by brake defects.
Runaway truck ramps are often found at the bottom of sustained steep grades. These upward ramps, which are usually filled with sand or gravel, are designed to stop a runaway truck without putting the truck driver and others on the road in serious danger.
If you have been involved in a Texas truck accident, it is vital that you understand exactly what went wrong with the truck’s brakes and whether or not the truck accident could have been prevented. To learn more about your possible injury case, speak with a Dallas truck accident lawyer today.

Nursing Home Abuse

There isn’t a definitive list of “good” or “bad” nursing homes, but you can make better decisions if you do some educated snooping and make proper use the information that’s available.  You should visit any home you’re considering so you can see for yourself where your father might live.

  • Does the facility seem clean and well organized?
  • Is the staff responsive?
  • Search the Internet for articles, forums or information from past/present residents and family about the facility.
  • Take notes and ask for copies of written policies concerning patient care.

You should also contact the Texas Department of Human Services (1-800-458-9858) to check state survey reports.  Every nursing home in the state is inspected annually, and the TDHS can tell you whether the home you’re considering has violated state or federal standards

If you are involved in a traffic accident with a big rig, you are more likely to suffer serious injury or death. Why is this the case? Very simply, 18-wheelers are considerably bigger and heavier than other vehicles and when they hit your car, they hit your car with more force. In addition, the size of commercial trucks makes it more likely that your car will be wedged underneath a truck or crushed during a truck rollover. While rear-ending another small vehicle on the highway can result in minor injuries, rear-ending a truck on the highway could involve the trailer of the truck smashing through your windshield.

When considering a Texas nursing home for your elder loved one, it can sometimes be difficult to look past the sales pitch and see the warning signs of nursing home abuse and neglect.
When touring a nursing home, be on the lookout for these warning signs:

  • Unclean sheets, floors, or bathrooms.
  • Unwelcoming staff members or administrators.
  • Strong odors – either of urine or of strong cleaners.
  • Evidence of restraint use, such as straps, vests, and wheelchair restraints.
  • A low number of staffers on the floor.
  • A low number of residents out and about (or a high number of residents medicated and in bed).
  • A lack of safety features, such as grab bars and slip-resistant pads.
  • Nursing home residents that are not well groomed.
  • Uneaten food or unappetizing food.
  • Dark hallways and undecorated rooms.

When touring a nursing home, ask to see an occupied room and to meet a resident or two. Visit unannounced and during a meal for the most accurate observations.
If you believe you have a Dallas nursing home abuse case, call Rasansky Law Firm today to speak with a Texas nursing home neglect attorney.

There is no sure way to find a nursing home unless you can personally vouch for the quality of care from a personal and intricate inspection of the home. Make an effort to visit the facility several times and at different times of the day. Pay close attention to how the staff behaves when dealing with patients. Observe the residents and take note if they seem happy or uptight. Examine the nursing home itself and determine whether it looks and smells clean, and if the patients are likewise well-groomed. For further assistance, ask a family member or friend for a recommendation or use an established nursing home finder service.

If you suspect nursing home abuse, then start looking for physical evidence. Examine your relative’s body and look for broken bones, cuts, scars or sores. If you see evidence of physical abuse ask the patient what happened. Remember, the patient might not admit the abuse at first. If necessary, talk to staff members of the home, the staff supervisor or the attending physician. You even have the right to see the patient’s medical chart. For signs of neglect, carefully inspect the patient’s body and note if the resident seems dirty or malnourished. Make sure the patient’s room is clean. Take note of any signs of depression or drastic changes in the resident’s typical behavior.
Read more: Signs of Nursing Home Abuse

Though shocking, sexual nursing home abuse is a reality for far too many seniors in TX adult care programs. Unfortunately, elders often have difficultly communicating their abuse to others. What are the signs of sexual abuse in a nursing home?

  • The appearance of sexually transmitted diseases.
  • Your loved one has a fear of certain nursing home staffers or residents.
  • Your loved one becomes suddenly withdrawn or depressed.
  • Your loved one suddenly has trouble walking or complains of pain in the genital area.
  • Your loved one has bruising on their thighs, buttocks, or breasts.

If you have an elder loved one living in a Texas nursing home or adult care center, it is vital that you are familiar with the signs of nursing home neglect:

  • Bedsores or pressure sores.
  • Frozen joints – your loved one is not often moved from bed or turned.
  • Over medication – your loved one seems drugged or vacant.
  • Unnecessary restraints.
  • Malnutrition and weight loss.
  • Dehydration and thirst.
  • Long waits before being able to visit your loved one.
  • Dirty clothing or bed sheets.
  • An unclean or unsanitary environment.
  • A sudden change in your loved one’s demeanor.
  • Unkempt appearance – such as tangled hair or dirty fingernails.
  • Signs of feces or urine on your loved one’s bed or clothes.

Dehydration in the elderly is often a sign of nursing home neglect. There are a number of causes of dehydration – and nursing homes have a responsibility to make certain that your elder loved one is properly hydrated.
Dehydration is a serious issue with dangerous consequences. Not having enough water can lead to health issues including urinary tract infections, pneumonia, bed sores, and electrolyte imbalances.
There are a number of causes of dehydration, such as:

  • Simply not receiving the proper liquid intake.
  • An illness that causes fluid loss, such as diarrhea.
  • A side-effect of a medication.
  • Not drinking enough fluids due to a medical condition.

It is important to understand that even if your loved one’s nursing home is not responsible for the initial cause of the dehydration, they are responsible for detecting dehydration and acting to remedy the issue. Nursing home staff members should be trained to understand the dangers of fluid loss, to provide fluid to patients, and to recognize the signs of dehydration.
If you believe your loved one has suffered from severe dehydration due to nursing home neglect, contact the Dallas nursing home negligence attorneys at Rasansky Law Firm today.

It is possible for pneumonia to be the result of Texas nursing home neglect, but it is also possible for pneumonia to be unrelated to an elderly patient’s care.
Pneumonia is one of the leading causes of death for seniors. In some cases, this dangerous inflammation of the lungs is simply a medical complication that becomes more common as patients age. However, in other cases, pneumonia is a preventable, treatable condition that comes about due to poor nursing care. If the condition isn’t diagnosed early and treated aggressively, it can be fatal. If nursing home residents are malnourished, dehydrated, or mistreated, their chances of developing pneumonia go up considerably.
If you are seeking compensation for Texas nursing home negligence related to a loved one’s pneumonia, it is vital to connect the health condition with your loved one’s care. To speak with a Dallas nursing home neglect attorney about your case, call the Rasansky Law Firm today to schedule a private, no-obligation meeting with a knowledgeable, experienced lawyer.

Truck “no zones” are the blind spots surrounding an 18-wheeler or commercial truck which other cars should avoid due to the increased risk of an 18-wheeler accident.

  1. The first no zone is located directly behind the tractor-trailer; an area where a truck driver cannot see you and where you are at risk of slamming into the back of the truck if it stops suddenly.
  2. The second no zone is located directly in front of an 18-wheeler. Since trucks cannot stop suddenly due to their size and weight, they must maintain a considerable following distance in order to avoid rear-end accidents.
  3. The final two no zones extend backward and diagonally from the left and right sides of the cab.

Sepsis is an immune reaction to a bacterial infection of the blood stream that, if untreated, can become fatal.  The elderly are especially vulnerable to sepsis, particularly those who have pre-existing medical conditions or weakened immune systems. Because sepsis is such a risk for the elderly, Texas nursing homes must take proper precautions to protect their residents from the dangerous infection.
Patients who are bed ridden, have diabetes, or have compromised immune systems are especially vulnerable to sepsis. So, extra care must be taken to protect hygiene, prevent pressure sores, keep wounds covered and clean, and to make sure that intravenous lines and catheters are properly maintained. Any wound that is neglected can become infected, and any infection can develop into sepsis.
Symptoms of sepsis:

  • Fever
  • Chills
  • Irregular body temperature
  • Skin rash
  • Shaking
  • Nausea
  • Vomiting
  • Aches and pains
  • Confusion
  • Difficulty breathing
  • Seizures
  • Rapid heart rate
  • Drop in blood pressure
  • Respiratory failure
  • Loss of organ function
  • Septic shock

Sepsis must be treated with antibiotics. Most patients will require hospital care. Patients with severe sepsis may require surgery to drain the infection.
Sepsis can be the result of Texas nursing home neglect or abuse. If you suspect that neglect or abuse is responsible for your grandmother’s sepsis, we urge you to contact a Dallas nursing home abuse lawyer. Your grandmother may have a nursing home abuse case. For more information about how to identify Texas nursing home neglect, request a free copy of attorney Jeff Rasansky’s book, Warning Signs of Nursing Home Neglect and Abuse or contact the Rasansky Law Firm at (214) 617-1886.

There are federal laws that bar nursing homes from using physical restraints unless there is a medical need to do so. However, some nursing homes use restraints in illegal ways; for example, to stop residents from being a nuisance or from wandering from their rooms.
Physical restraints such as straps, belts, vests, bed rails, vests, restraining chairs, and cuffs are sometimes needed to prevent a patient from harming themselves or others. For example, a resident prone to falls may need to be restrained during portions of the day to prevent serious accidents. Many believe, though, that restraints are overused especially in crowded or understaffed nursing homes in order to subdue and control patients.
The improper and illegal use of restraints in Texas nursing homes can lead to a number of complications, such as bedsores, constipation, malnutrition, loss of mobility, isolation, and mental anguish.
If you believe that your elder loved one has been harmed due to the illegal use of physical restraints in his or her nursing home, contact a Dallas nursing home abuse attorney today and share your story. Taking action will lead to justice for your loved on and prevent similar incidents from happening to others.

If you have uncovered physical signs of abuse or neglect then it is time to take action.  A nursing home that knows of and tolerates abuse cannot be reasoned with or trusted.  You have four options. One, you can approach the nursing home administrator. Two, you can contact the state department that handles nursing homes and file a complaint. Three, you can contact the police department. Four, you can contact a nursing home abuse lawyer and explain what happened. The fourth option is the most advisable, because if you work through a lawyer, you may be able to claim some compensation for medical bills, nursing home transfer and pain and suffering.

You are right to be concerned. Sudden changes in personality are usually a sign that something is wrong, and our Dallas nursing home abuse attorneys urge you to take action on all cases of elder abuse.
Your first step is to designate a notebook in which you will record the date, observations about your mother, the names of anyone you speak with about her condition, their contact information, and any notes about your conversations. This information will help you get accountability if you find your mother is being overmedicated.
Before taking further action, talk to the nurse that takes care of your mother. Ask if there have been any changes in your mother’s habits or daily routines. Has her diet changed? Is she eating less? Is she drinking enough fluids? Have her toilet habits changed?  Is she having mobility problems? If there have been dramatic changes, ask if she has seen a doctor. If not, make an appointment.
Next, speak to the nursing supervisor at the nursing home. Ask if there have been any changes in your mother’s health. Ask whether she is taking any new medications and if an “as needed” medication has been administered. If it has, find out why. Ask that in the future you be notified about any health changes that result in a change of medication. Ask for a copy of your mother’s medical records.
Talk to your mother’s doctor about your concerns. Your mother may simply need her medications adjusted.
On the other hand, it is possible that your mother may have been given medication as a chemical restraint. Chemical restraints refer to any drug given for the purpose of controlling behavior. These drugs are also known as “psychopharmacologic agents,” “psychotropic drugs,” or “therapeutic restraints” and include Midazolam, Diazepam, and Haloperidol. The drugs are meant to be used in emergency and psychiatric situations in order to calm disruptive patients who pose a danger to themselves or others. Unfortunately, many nursing homes use chemical restraints to restrict the movement of a patient or to sedate the patient in order to ease the staff workload or to compensate for understaffing. This is a dangerous practice.  Psychotrophic drugs can have dangerous side effects.  The FDA estimates that nearly 15,000 elderly adults die each year from the unnecessary use of chemical restraints.
You can read more about the use of chemical restraints in our article, “nursing home overmedication,” or request a free copy of our report titled Warning Signs of Nursing Home Neglect and Abuse.
If you believe your mother is being given chemical restraints, you should consult with a Dallas elder abuse lawyer. We can help you take the next steps. Please call the Rasansky Law Firm at (214) 617-1886.

While over-medication is a serious problem in Texas nursing homes, under-medication and improper pain management is also an issue when it comes to nursing home neglect.
Unfortunately, millions of Americans are not properly treated for pain, and many of these people are seniors in nursing homes and assisted-living facilities. There are a number of reasons why your elder loved one may not be receiving the correct amount of pain medication:

  • Your elder loved one is not able to communicate their pain due to dementia, Alzheimer’s disease, or another health issue.
  • Your elder loved one is not aware that their pain should be better managed or has not reached out for help.
  • The nursing home is not giving your elder loved one the medication he or she has been prescribed – either due to poor medication distribution or staff members stealing medication.
  • The nursing home is neglecting to listen to your loved ones complaints and concerns about pain.

If you believe your elder loved one’s nursing home has been negligent in treating residents’ pain, you may wish to speak with a Dallas nursing home neglect lawyer. Call Rasansky Law Firm today to schedule an appointment and get more information.

As nursing homes take in an increasing number of mentally ill and younger patients, the instances of resident assaults has risen significantly. Who is at fault for these physical and sexual assaults?
While nursing home abuse and neglect cases are all different, nursing homes can sometimes be liable for one resident harming another resident. If the nursing home did not provide proper patient supervision, if a nursing home knew of a resident’s aggressive behavior, or if a nursing home did not make a responsible effort to keep their residents safe, they could be found negligent for a resident assault or injury.
The best and fastest way to ascertain whether or not your loved one was a victim of nursing home neglect is to speak with a Dallas nursing home abuse attorney today about the specifics of your claim.

Although emotional abuse is certainly not as overtly harmful as physical nursing home abuse or neglect, psychological abuse is a growing problem in Texas nursing homes and can lead to your elderly loved one suffering from low self-esteem, lowered quality of life, anxiety, and depression. In addition, emotional abuse in nursing homes often goes hand in hand with neglect and physical abuse. Emotional abuse can take on many forms, including verbal abuse, humiliation, intimidation, threats, harassment, erratic behavior, and deprivation. Many fear that the instances of elder emotional abuse will increase as funding is cut in many nursing homes and staff members become increasingly stressed and overworked.

While many people are familiar with nursing home physical abuse and neglect, fewer people are familiar with financial elder abuse. Unfortunately, Texas nursing home residents are susceptible to financial scams and schemes – schemes often run by nursing home staff members or the nursing homes themselves. In these scams, nurses, staffers, or other officials could convince nursing home residents to pay too much, change their wills, or make poor investments. If you have an elder in a Texas adult care facility, be on the lookout for the red flags of financial fraud, which may take place in tandem with emotional abuse or manipulation.

The Nursing Home Reform Act of 1987 clearly defined the rights of nursing home patients.  Elderly patients deserve the right to freedom from abuse and neglect. Specifically, this includes freedom from physical restraints, consistent invasion of privacy, medical neglect, undignified handling by a staff member, abuse of the patient’s funds, unauthorized altering of a healthcare plan and discrimination or reprisal for voicing grievances.

Studies have found a strong connection between understaffed nursing homes and instances of nursing home neglect – and the connection makes sense.
If an adult care facility does not have enough direct care professionals caring for residents, each resident is receiving less attention than he or she requires. The results can be devastating:

  • A neglected nursing home resident often misses her medication because staff members do not have time to finish the rounds.
  • A bedbound nursing home resident develops dangerous and painful bedsore because they are not turned often enough in bed.
  • A nursing home resident choked on their food because they are not being monitored while they eat.
  • A nursing home resident suffers in their own filth for hours at a time since staff members do not have time to take them to the bathroom or change their bedding.
  • A nursing home resident is given the wrong medicine by an overworked and rushing staff member.
  • A nursing home resident is routinely verbally and physically abused by staffers who are overstressed and overworked.

Nursing homes suffer from staffing issues for a number of reasons – and many will try to boost their number by including cooks and maids as staff members. If you believe that your loved one was harmed by staff shortages and Texas nursing home neglect, speak with a Dallas abuse and neglect attorney today about your case.

Although there is some evidence that antipsychotic drugs can help treat a select number of seniors suffering from dementia, many medical experts and advocates for the elderly believe that antipsychotic drugs are woefully overprescribed to treat age-related neurological issues and that many seniors would benefit from alternative treatments.
Some reports state that thousands of seniors die because of their antipsychotic drug prescriptions each year and that hundreds of thousands are wrongly placed on these drugs in nursing homes around the country. Although antipsychotic drugs can curb behavioral problems in patients, such as aggression, outbursts, and sleep disturbances, they also come at a high price. According to a black box warning recently placed on these drugs, they can cause serious complications – including stroke and death – in elderly patients with dementia.
Doctors are also concerned that nursing homes are using antipsychotic drugs as a way to overmedicate patients and keep them under control by keeping them in a subdued state.
Do you believe that your elder loved one has been overmedicated with antipsychotic drugs – and that this form of nursing home neglect caused your loved one harm? If so, speak with a caretaker abuse attorney today. Overmedication is unacceptable.

Nursing home elopement occurs when an adult-care facility resident wanders either from their rooms or from the grounds without permission or assistance. Nursing home elopement can be common among nursing home patients who suffer from dementia, Alzheimer’s disease, other memory problems or mental health issues.
Elopement can be dangerous, as the confused elderly can easily fall, become the victim of a pedestrian accident, or even suffer from exposure. Many nursing homes guard against elopement and wandering with door alarms and well-trained staff. An elopement case that ends in serious injury or wrongful death can lead to a nursing home neglect lawsuit.
Read more on nursing home elopement.

In 2007, Texas passed a law that allows the Texas Department of Public Safety to announce missing person bulletins in emergency cases for seniors and those suffering from dementia and Alzheimer’s. Much like the Amber Alert, which informs the media and law enforcement about child abductions, silver alerts create public awareness for people over 65 who are reported missing and who could be in immediate danger. The creation of a silver alert took place after a number of Texas senior citizens and nursing home residents eloped from their homes and wandered from their property and their caregivers.

Wrongful Death

A wrongful death is any kind of death that may have resulted as a direct result of negligence by another party, be that another driver, an employer, a surgeon, etc. Wrongful death may occur in a variety of accidents such as:

The Texas Civil Practice and Remedies Code establishes the premises for filing a wrongful death claim. You can read more on the code here, or you can get a quick answer about your particular situation by calling us (for free) at (214) 617-1886.

While the answer is not always so cut and dry, in Texas, wrongful death beneficiaries are generally limited to the parents, spouse and/or children. To read more on the subject, see our page on wrongful death beneficiaries.

A family has up to two years from the death of a family member to file a wrongful death lawsuit. This figure was laid down by the law and is part of the Texas statute of limitations. Cases brought to court after these two years have elapsed cannot be filed in most cases (there are a few exceptions to the rule), so it’s important to consult with a wrongful death attorney as soon as possible to increase your chances of getting both justice and compensation.
Just because you have two years, does NOT mean you should wait to start your case. Over time, evidence disappears, people move away, and memories fades. The longer you wait, the harder your case will be (and the less likely an attorney can help).

You are allowed to sue an employer for a wrongful death accident as long as the employer did not subscribe to workers’ compensation.
Texas law allows employers to choose weather they participate in the workers’ comp program. If the employer DOES subscriber to workers’ comp insurance, you are NOT allowed to sue for a wrongful death (except in the case of gross negligence). Because of this lawsuit protection, many employers PRETEND to have this kind of insurance; however, the only way to tell for sure is to check with the Texas Department of Insurance. Call us at (214) 617-1886, and we will find out for you (for free).

The law requires you to prove the following things when suing an individual or company over a wrongful death:

  1. That you are a statutory beneficiary of the individual who dies. This includes the person’s spouse, parents and children.
  2. The defendant’s wrongful or negligent act directly led to the deceased demise.

If you have a loved one who was a victim of negligence leading to wrongful death, get in touch with us so we can help you get justice and compensation. You can call us at (214) 617-1886 for your free consultation, or fill in the online contact form to send us an email.

When a loved one dies following a car crash or other type of accident, family members may wonder whether there was anything that the emergency medical technicians and paramedics could have done to prevent the death.  Paramedic and emergency medical technician (EMT) negligence is rare in Texas, but it does happen.
EMTs and paramedics are first responders whose jobs are to provide emergency treatment at accident scenes. EMTs are trained to check for life threatening conditions and perform lifesaving interventions until the patient can be brought to the hospital. In most cases, EMTs cannot administer medications.
A paramedic is an EMT with advanced life support training. Unlike an EMT, a paramedic can give shots and start intravenous lifelines. They are trained to use about 30 different medications.
An EMT/paramedic’s duty is to:

  1. Check for life-threatening conditions and treat symptoms in accordance with their training
  2. Prepare the patient for transport
  3. Provide safe and immediate transportation to the nearest a hospital or medical facility
  4. Take charge of the patient’s care until the ambulance arrives at the hospital

Examples of paramedic and EMT Negligence:

  • Lack of proper EMT/paramedic certification
  • Lack of proper training
  • Failure to arrive at the scene in a timely manner
  • Failure to adequately staff ambulances
  • Failure to bring necessary life-saving equipment to the scene
  • Failure to maintain ambulance equipment
  • Misuse or improper use of medical devices
  • Administering the wrong or inappropriate medicine or incorrect dosage
  • Neglecting to take a patient history
  • Failure to check airway, breathing, and circulation
  • Acting beyond the scope of an EMT/paramedic
  • Failure to create and preserve records of the incident
  • Reckless or negligent driving
  • Leaving the patient at the accident scene
  • Physical or sexual assault

In Texas, EMTs and paramedics cannot be sued individually, but the ambulance companies or fire departments that they work for can be sued and held liable for ambulance malpractice. Families who lose a loved one because of ambulance malpractice may file a wrongful death claim for medical bills, funeral expenses, loss of support and companionship, and loss of future income.
For more information about medical malpractice lawsuits in Texas, request a free copy of Dallas wrongful death attorney Jeff Rasansky’s book, The Epidemic of Medical Mistakes & Understanding Your Rights.
If you believe that your loved one died because of the negligence of a Dallas EMT or paramedic, please contact the Dallas attorneys at the Rasansky Law Firm by calling (214) 617-1886.

When a person is injured due to the negligence of another person, they have the option of filing a personal injury claim. If that person dies before they’re able to bring that claim, what happens? Is the at-fault party now off the hook?

Well, if that were the case, that would set a horrible precedent. Fortunately, a personal injury claim does not die with the victim. Instead, a “survival action” is brought by a beneficiary of the decedent. A survival action allows the transfer of the personal injury claim to the deceased party’s beneficiary (typically a spouse, child, or parent). The benefit of a survival action is that it prevents the defendant from avoiding the consequences of the negligent action that caused the death of the injured party.

Then what’s a wrongful death claim, you ask? A wrongful death claim allows beneficiaries of the deceased to seek compensation for their related damages (e.g., loss of financial support), as opposed to the victim’s damages (e.g., pain and suffering, lost wages, etc). The survival action simply allows the estate to seek damages that the victim could have recovered if he or she had not died.

Birth Injuries

Birth injuries can occur for a number of different reasons. In some cases the child’s head is too large to fit through the mother’s pelvis. Other times the placenta become detached prematurely or the umbilical cord is compressed or twisted. Also, when a physician uses forceps or a vacuum during a vaginal birth, injury to the brain can result. In many of these instances time is of the essence. The doctor is responsible for knowing when a cesarean section is necessary in order to avoid injury to the child.
There is no way to completely eliminate the risk of birth injury, but some risk factors that can lead to trouble during child birth are drawn out labor, atypical positioning of the baby, too much Pitocin given to the mother, larger than average sized baby, premature birth and the use of forceps or vacuum.
Expectant parents tend to anticipate a relatively smooth birth process and a healthy baby. In the majority of cases this will be the outcome. Sadly, there are some instances where birth injury and possible lasting effects will result. If you or a loved one has a child affected by a condition that was caused by birth injury and you believe it resulted from negligence on the part of the medical staff, we can offer a free assessment of your case. We have extensive knowledge in the areas of birth injuries and medical malpractice, and will be happy to advise you of your options moving forward.

Medical malpractice relates to birth injury in cases where the medical professional charged with you and your baby’s care fails to provide appropriate care during pregnancy, during the delivery process, or shortly after the child is born.
To better understand birth injuries and how they can be caused by medical and/or nursing mistakes, first you need to understand the concept of medical malpractice.  The following will explain what medical malpractice means, statistics and some general tips for selecting the right doctor and avoiding medical mistakes.
A birth injury is an injury that can happen prior to birth, during the labor and delivery process, or in the neonatal or “newborn” period. Injuries that occur during the prenatal period can be attributed to untreated infection such as Group B Streptoccoccus, placental insufficiency or abruption, and preterm birth causing respiratory distress and brain hemorrhage.
Labor and delivery injuries can be caused from a health care provider failing to recognize fetal distress during labor signaling decreased oxygen being delivered to the baby’s brain resulting in injuries to brain structures responsible for movement, cognition, vision, swallowing,  and coordination.  Additional injuries that occur during labor and delivery can be related to CPD or “cephalo-pelvic disproportion” whereby the baby’s head is too large to fit through the mother’s pelvis during the birthing process.

Did you know?

Rasansky Law Firm negotiated a settlement of more than $10 million on behalf of an infant who was diagnosed with cerebral palsy as a result of medical and nursing malpractice. We have also obtained numerous multi-million dollar settlements for children who suffered other types of birth injuries caused by medical malpractice.

The first and most important issue to deal with after a birth injury is caring for the health of the baby and the mother. Get advice, treatment, and support from medical professionals you trust, and do not be afraid to get a second opinion. Also, be sure to take advantage of counseling and therapy options if you or your family needs help processing what happened.
After the health and well-being of your family is under control, you may wish to speak with a Dallas birth injury lawyer. A medical malpractice attorney can help you better understand what caused your baby’s injury, collect the evidence of the case, and enumerate your legal options if you choose to take action.
A birth injury is traumatic for the entire family – and one mistake in labor and delivery can lead to a lifetime of medical costs, nursing care, disability, and therapy. If you believe that your child’s injury was caused by negligence, you owe it to your family to ensure that the person or hospital responsible for your child’s injury pays for the consequences of their negligent actions. If someone else caused the injury, why should the financial burden be placed on your family?

Typically, it is not the parent but the child who will be awarded compensation, as it was the child who was injured by the doctor’s negligence making the child entitled to compensation. If you win your birth injury claim/lawsuit against the doctor/hospital, compensation is usually delivered in the form of a trust. Keep in mind though that parents can sue for emotional distress—or if the mother was also injured because of the doctor’s behavior. If the child dies because of a doctor’s negligence, the compensation goes to the parents.

There are many types of injuries that can occur during pregnancy and delivery, ranging from minor to severe. Among the most common types of birth injuries are:

Birth injuries do not always lead to serious and lasting harm to the child. Many of them will heal on their own with no medical intervention. In some incidences, however, birth injuries result in chronic conditions such as cerebral palsyErb’s palsy, or Klumpke’s palsy.
Of these, cerebral palsy is probably the most concerning, as the others do sometimes improve or resolve. Cerebral palsy can affect coordination, reflexes, gait, muscle tone, and mental capabilities. In a study among six countries, the incidence of cerebral palsy was estimated to be between 2.12 – 2.45 cases per 1000 births.
If you’re concerned whether or not your child’s injuries will improve, the best course of action is to speak to your pediatrician. If you’d like to have an attorney look into the facts of your case, call us at (214) 617-1886.

Shoulder dystocia occurs when a baby’s shoulder becomes stuck in the birth canal due to the mother’s pubic bone, complicating delivery. This complication occurs in roughly one percent of births and is more common if the mother has diabetes, if the mother is obese, or if the baby has a large gestational weight.
Shoulder dystocia is managed by doctors with a number of procedures and maneuvers; however, about 20 percent of should dystocia cases end with injury to the infant while a similar number results in injuries to the mother. Birth injuries related to this complication range from bruising and lacerations to fractures and nerve damage to death.
The most common concern related to shoulder dystocia is brachial plexus nerve damage, which could lead to permanent issues with the sensory and motor function of the hand, arm, and shoulder.
While some cases of shoulder dystocia are handled correctly by doctors, some birth injuries related to the condition could have and should have been prevented. If your child was injured permanently during delivery due to shoulder dystocia and you believe negligence was involved, you should speak with a Dallas birth injury attorney today about your case. The Rasansky Law Firm offers the parents of birth injury victims a free, private, no-obligation consultation.

Ptosis, a condition in which one or both eyelids droop, has a number of possible causes. Some cases of ptosis are the result of a traumatic delivery, in which an infant is caught in the birth canal or in which an infant is damaged by the use of forceps during birth.
This medical condition, which can occur in one or both eyelids, can cause obstructed vision as well as cosmetic concerns. In some cases ptosis is present at birth, while in other cases the condition manifests later in life. Some cases of ptosis are genetic and therefore not preventable, while other cases are caused by injury to the baby and are completely preventable. Ptosis caused by injury can be pinpointed by the presence of bruising or swelling at the time of the trauma.
The root cause of all cases of ptosis is a weak or damaged eyelid muscle. Ptosis can lead to poor vision, especially in children that suffer from the condition while their vision is developing. Many but not all cases of ptosis can be corrected by surgery. A small number of ptosis cases caused by birth injury may improve over time.
If you believe that your infant’s ptosis was caused by a traumatic birth and medical mistake, speak with a Dallas birth injury attorney today.

Yes. Contacting a lawyer regarding your case is not legally binding in anyway. You don’t have to worry about a lawyer “suckering” you into a deal that you don’t want. A lawyer can give you a legal perspective to birth injury and provide objective advice on your options as a plaintiff. Before contacting a lawyer, make sure you know the details of the birth injury and have a good understanding of how the doctor displayed negligence. Obviously, the doctor (or the medical staff) will not admit negligence. You have to get the facts and then compare them with established medical standards.

Daycare Abuse

Some apparent signs of possible abuse or neglect to be aware of are physical injuries such as bruises, broken bones, abrasions, burns, etc. Among the less evident indicators are sudden changes in a child’s behavior; a normally quiet and calm child may begin to lash out or a usually lively child can become withdrawn. A child who abruptly begins to put up a struggle about going to daycare is also a cause for concern and should be investigated.
More on daycare abuse.

Some apparent signs of possible abuse or neglect to be aware of are physical injuries such as bruises, broken bones, abrasions, burns, etc. Among the less evident indicators are sudden changes in a child’s behavior; a normally quiet and calm child may begin to lash out or a usually lively child can become withdrawn. A child who abruptly begins to put up a struggle about going to daycare is also a cause for concern and should be investigated.
More on daycare abuse.

Infants are far more likely than older children to be victims of daycare abuse; however, they are often silent victims. Unlike older children, babies are unable to tell an adult that they are scared, hurt, or anxious.
In some cases, a parent may see visible signs of injury such as bruises, burns, black eyes, cuts, or abrasions. Young babies rarely injure themselves, but it is quite normal for older infants to experience the occasional injury as they explore the world. Frequent or severe injuries or injuries in unusual locations may be a sign of physical abuse. There may also be behavioral signs.
A baby that is abused at a Dallas daycare may show a sudden fear of people of a certain gender, or people with a physical appearance similar to the abuser (for example, women with long blonde hair). They may cry when being dropped off at the childcare facility or they may show fear when separated from a parent.
A baby who has been abused by a daycare provider may:

  • Show signs of shaken baby syndrome, including glassy eyes, lethargy, rigidity, irritability, decrease in appetite, difficulty feeding, or vomiting
  • Suddenly cringe from or shun a parent’s affections; alternatively, the infant may become excessively clingy
  • Show a sudden change in personality; an outgoing, happy baby may become fussy or withdrawn
  • Have a change in appetite
  • Have difficulty sleeping
  • Regress to past behaviors
  • Lose skills

A baby who has been sexually abused at a daycare may:

  • Have bleeding or bruising around the genital area
  • Have a sudden fear of bathing or diaper changes
  • Cry when put in a seated position or lose the ability to sit (because of pain)
  • Experience pain when walking
  • Suffer from urinary tract infections

More signs of daycare abuse.
If you have any concerns about the possibility of abuse, don’t delay action. Your child’s well being is at stake. Discuss the injuries with your pediatrician and contact your local police department to discuss your concerns.
When you are ready, contact a Dallas daycare abuse attorney.  A lawsuit can help you hold your daycare provider accountable for the abuse and may protect other children. To learn more, request our free guide, Preventing, Discovering & Acting on Claims of Daycare Abuse, or contact Rasansky Law Firm at (214) 617-1886.

In far too many cases, physical daycare abuse goes unchecked in Texas because children are not able to tell their parents what is happening to them. Because young children often do not have the ability or understanding to report daycare abuse, it is all the more important for parents to look for the signs of physical daycare abuse:

  • Your child flinches when you raise an arm.
  • Your child experiences sleep disturbances.
  • Your child has unexplained bruises or other injuries.
  • Your child suddenly becomes withdrawn.
  • Your child suddenly changes behavior or becomes aggressive.
  • Your child voices excessive fear of going to daycare.
  • Your child’s behavior regresses – they become very clingy.

See more: Signs of Abuse in Daycare

Sexual abuse at daycare can be absolutely devastating – and in many cases, parents ask themselves why they didn’t know that there was a problem sooner. Children are often too young to tell their parents about sexual abuse, or else they have been threatened by their abuser not to tell. Be sure to look out for the red flags of daycare sexual abuse:

  • Your child suddenly becomes withdrawn.
  • Your child’s behavior regresses to infant-like actions, such as clinging.
  • Your child begins displaying inappropriate sexual behavior.
  • Your child shows an unusual interest in sexual topics.
  • Your child shows abnormal sexual knowledge.
  • Your child becomes inordinately fearful of certain people or places.
  • Your child becomes anxious about attending daycare.
  • Your child displays sleep disturbances and nightmares.

Additional signs of daycare abuse.

While most parents are familiar with stories of physical abuse and even sexual abuse at daycare, they may be less familiar with emotional or mental abuse at a daycare. However, emotional and verbal abuse over an extended period of time can lead to very serious and long-term psychological trauma.
Some behavioral indicators of daycare emotional abuse include behavioral problems (such as cruel behavior toward other people or animals), habit disorders (such as rocking or head-banging), age-inappropriate behaviors (such as wetting or soiling) and behavioral extremes (listless one moment and overly aggressive the next).
Some physical indicators of emotional abuse could include a significant change in weight, developmental disorders, and nervous disorders.
See more signs of daycare abuse.

While many parents are familiar with the dangers of daycare abuse, fewer families are aware that their children could be victims of daycare neglect. While the signs and consequences of daycare neglect can be more subtle than those of daycare abuse, they can be just as harmful and even deadly. What kinds of actions are considered daycare neglect?

  • Your child is not regularly fed or given water throughout the day.
  • Your child is not given the medication that he or she needs.
  • Your child’s diaper isn’t changed throughout the day.
  • Your child is left alone and without supervision.
  • Your child’s immediate health needs are ignored.

If your child has been harmed because of daycare neglect, speak to a Dallas daycare neglect attorney today about your case and make certain that no other children are injured by your child’s daycare center.

You might read about daycare abuse in newspapers, but you likely hear less about daycare neglect. Unfortunately, although daycare neglect gets less press, it is still a dangerous problem in many Texas-based childcare centers. Here are some warning signs of daycare neglect:

  • Your child is unusually hungry or thirsty upon arriving home from daycare.
  • Your daycare discourages drop-in visits from parents.
  • Your daycare has a very small staff, or high staff turnover.
  • Your child often comes home from daycare very dirty or with a dirty diaper.
  • Your child has unexplained bruises or injuries.
  • Your child suddenly begins to act out or display aggressive behavior.
  • Your child suddenly withdraws.

In a daycare abuse situation it is always a good idea to consult with someone who has experience in handling these situations and can advise you of the best course of action. It is best to seek out a knowledgeable attorney (who has handled cases like yours before) as soon as you become aware of the incident so that you do not run the risk of going beyond a time limit for taking action.

If your child suffers a head injury while at daycare, it is vital that you gain a clear understanding of exactly what happened, how it happened, and why it was allowed to occur. Accidents happen every day at daycare centers around Texas – from minor bumps on the head to more serious injuries that could require medical attention and result in long-term consequences. While some daycare injuries are truly “accidents” in nature, others are the result of daycare neglect, negligence or outright abuse.
If your child has suffered a head injury, be sure to get as much information as possible about the accident. Start by having your child examined and treated by a doctor as soon after the incident occurs as possible. And get answers to these questions:

  • What caused the head injury? How did it happen? Who were the witnesses?
  • Was my child being properly supervised at the time of the injury?
  • Was my child injured due to a hazardous condition at the daycare?
  • Is it possible my child’s head injury was caused by a physical assault or physical abuse?
  • Does the daycare have a history of neglect or abuse, including formal charges?
  • Does the daycare use camera surveillance? If so, was the incident captured on video?
  • Did the daycare make an appropriate response to your child’s head injury?
  • Has my child suffered a brain injury as a result?

Head injuries can have extremely serious consequences, especially for children. It is imperative that you understand how your child’s head injury occurred and that the person or entity at fault for the injury takes responsibility. Our attorneys can help make sure they do. To learn more about your legal options, contact Rasansky Law Firm at (214) 617-1886.

Texas daycare abuse can have a lasting effect on children – both when it comes to medical issues and mental health issues.
If your child has been physically or sexually abused at a daycare, it is vital that you immediately get medical treatment. Even if the child seems healthy, he or she may be suffering from internal injuries, fractured bones, or a head injury. Getting immediate medical care is key in your child’s recovery and also important in establishing medical evidence of abuse.
Your child may also need treatment in the form of therapy or medication for mental health issues that follow daycare abuse and neglect. Depending on the age of your child, psychological issues stemming from the trauma they endured could manifest itself in a number of ways – and could take years to surface. Be sure to talk to your doctor about the signs of post-traumatic stress, depression, and anxiety in children and to be aware of any developing issues as your child ages.
Are you considering a Texas daycare abuse lawsuit? Speak with a Dallas child injury attorney today to learn more about possible legal action.

The consequences of Texas daycare child abuse or neglect depend largely on the extent of the abuse and the age of the child at the time of the incident. However, many child abuse and neglect victims do suffer both physical and mental health issues in the immediate wake of their abuse and in the years that follow.
Aside from physical scars, children may feel the lasting effects of damage to their developing brain or trauma from remembered experiences. While some children may display signs of post-traumatic stress syndrome soon after abuse or neglect, others may not show signs of emotional trauma until years later when issues surface through struggles with depression, anxiety, eating disorders, obsessive-compulsive disorder, or other mental illnesses.
If your child is a victim of daycare abuse or neglect, it is important to seek the appropriate treatment immediately after the abuse is discovered. Your child may need medical treatment as well as therapy in order to manage their trauma.
Are you considering a Dallas daycare abuse lawsuit? The attorneys at the Rasansky Law Firm can help. Call us today for more information.

It can be very frightening to accuse someone of daycare abuse, especially since you often cannot be certain that it has taken place. But if you have mounting suspicions (or have seen warning signs) that your child is suffering abuse while with a caregiver, there are two important steps to take:

  • Visit your pediatrician. A doctor, especially one that is familiar with your child, may be able to spot signs of abuse that you missed and give you more information about the situation and the next step.
  • Report daycare abuse. Call the Childhelp National Child Abuse Hotline at 1-800-422-4453 to report your case officially. This will usually lead to a state investigation into the childcare facility or daycare center.
  • Speak to a lawyer. Call Rasansky Law Firm at (214) 617-1886 and discuss the facts of your case with our team of attorneys. If we feel that we can help you with your case, we’ll explain the options available to you moving forward.

Ensuring that all workers at a prospective daycare have had criminal record checks and fingerprinting done is a good first step to choosing a safe daycare. In addition, parents should ask about any non-daycare workers that may be visiting the daycare and meet not just the administrators but the teachers, workers and anyone that will be having day-to-day interaction with your child.  Double-check that the daycare is licensed with your Children and Family Services Office and that there is an adequate staff to child ratio are also essential steps.
More information on choosing a good daycare facility.

Cerebral Palsy

Cerebral palsy usually occurs due to brain injury during a baby’s development in the womb or during delivery. This condition may have no immediate signs; however, as the baby grows, the parents may notice a marked delay in reaching developmental milestones, problems with formulating proper speech as well as disrupted motor function.
Cerebral palsy may be directly attributed to negligence on a doctor or healthcare giver’s part before and during birth. Incorrect fetal monitoring as well as forceful and traumatic delivery may lead to brain swelling and infection which interferes with normal brain development and function.
More information: Common Causes of Cerebral Palsy

The symptoms of cerebral palsy vary widely depending on the severity of the illness. A person suffering from a mild form of cerebral palsy may display issues with fine motor skills (such as writing), balancing, proper posture, and involuntary movement. A person suffering from a severe form of cerebral palsy may have learning impairments, breathing problems, major mobility issues, spastic paralysis, seizures, and sensory issues. Infants and babies in Dallas are often diagnosed with cerebral palsy after displaying poor head control, lethargy, difficultly sucking, delayed development, or motor impairments. In many cases, it may take up to six months for doctors to diagnose a baby with cerebral palsy.

Cerebral palsy is a condition that many have heard about, but which few seem to understand. CP is a chronic condition that can occur when there is some form of injury to the brain during pregnancy, labor and delivery or in the early years of a child’s life. The way that it affects each person can vary depending upon which portion of the brain is affected, but common characteristics are lack of muscle control, involuntary movements, mental disability, problems with speech, and lack of sensation. Those who are uninformed about cerebral palsy often have some common questions.

Cerebral palsy is usually not detected until 1 to 3 years after a baby’s birth. Because of this, most parents may not be adequately prepared for a change in their newborn’s demeanor or physical anomalies. Most parents become concerned when they realize that their baby isn’t moving or talking as they should, given their age. It’s at this point that their child might be diagnosed by a medical professional.
Typical diagnosis for cerebral palsy involves the doctor evaluating the child’s muscle tone and reflexes. The doctor may also ask that the child be sent for an MRI, CT or ultrasound scan to identify any anomalies within the baby.

Cerebral palsy may be attributed to medical negligence during pregnancy and delivery. It is the responsibility of every healthcare provider to anticipate the risks that come with pregnancy and childbirth and do something about it in a timely manner. Prenatal exams should ensure that the baby is developing in a safe environment in the womb and that there are no infections that could affect the fetus as well as his or her brain.
At the same time, doctors should ensure that delivery takes place in a safe environment and that the baby is handled with utmost care. This means various things such as not leaving the baby in the birth canal for too long, ensuring that the mother’s and baby’s vital signs are monitored at all times, and providing adequate care during the whole process.
You may be entitled to compensation if you suspect that negligence was the cause of your baby’s cerebral palsy diagnosis. We’ve helped numerous parents seek justice and compensation and we’d like to help you get the financial help you need to rehabilitate your child. Call us today, any time of the day at (214) 617-1886 for your free consultation.

Any legal parent or legally appointed guardian of an injured child can sue a doctor for cerebral palsy malpractice. You have to be directly involved in the injury case. You would be the one to first notice something wrong with your child. When you suspect a birth injury, start saving all paperwork and take your child to an objective pediatrician.

Different states have different time limitations in regard to how long you have to bring a claim or lawsuit (statute of limitations) for a cerebral palsy birth injury case. In general, most states limit this time frame to two years from the incident, or rather, 2 years from when you are made aware of the injury. However, there exists a “loophole” of sorts.
Some states (including Texas) allow injured children to file a lawsuit on their own behalf up until two years after they reach the age of majority (essentially, they have until their 20th birthday). However, Texas also has a 10-year statute of repose on all medical malpractice cases. Since cerebral palsy cases are caused by birth injuries, and birth injuries fall under the category of medical malpractice, this means that you may have the ability to file a lawsuit against the doctor until the child turns 10 years of age.
This being said, bringing a medical malpractice case several years after the incident is going to prove very challenging. If you’re considering your legal options, we strongly advise you to call us for a free consultation as soon as possible. We’re happy to look into the facts of your case for no charge and provide you with answers regarding your legal options.

The first question many parents ask when they are told that their child has cerebral palsy is, “Is my child going to be okay?” Often, the next question is, “What challenges will my child face in the future?”
It is important to understand that the severity of cerebral palsy varies considerably between cases and that it can be difficult to give a prognosis when a child is quite young. Although predictions can be made about the future health of a baby with a birth injury like cerebral palsy, parents should understand that the prognosis is not set in stone.
With that in mind, doctors agree that children with CP may be able to improve their condition through close medical care, therapy, and treatment. However, those suffering from cerebral palsy are more likely to suffer from mental disabilities, more likely to suffer from early-onset arthritis, and more likely to have lifelong mobility and dexterity issues. Cerebral palsy is not a progressive disease, but the affects of CP can lead to related health problems as those with the condition age. Those who suffer from cerebral palsy due to a birth injury will not pass the health issue on to their children.
A more accurate prognosis can be made through doctor evaluations when your child is older.
Do you have questions about cerebral palsy caused by a birth injury or doctor mistake? Call the Dallas birth injury attorneys at Rasansky Law Firm today.

Many of the medical issues that occur during pregnancy or delivery and lead to cerebral palsy should be anticipated, detected, and corrected by a physician or other medical staff before a serious problem occurs.
There are of course some unavoidable situations that lead to brain injury and, consequently, cerebral palsy.  It is important to remember, though, that many of these circumstances are entirely preventable. Proper prenatal care is very important, as is having a knowledgeable and thorough physician during labor and delivery. If you have a child affected by CP that you believe was the result of a medical mistake or oversight, please take a moment to fill out the contact form on this page. We are very experienced in this area, and will assess your case for free and explain your legal options.

Cerebral palsy is not a progressive condition because the damage to the brain has already occurred; however, symptoms can change over time. Some will see an improvement in their condition, possibly gaining back some muscle control.  Others may experience more problems stemming from their challenges with CP. The way that the condition affects certain muscles in the body after years of involuntary tightening or lack of use, can throw off other muscles, joints, etc.

It is important to remember that cerebral palsy is a neurological condition; not a disease. It is in no way contagious.
Cerebral palsy is caused by damage to the child’s brain during pregnancy, delivery, or as a very young child.
The fact that this is such a common question illustrates just how uninformed the general public is about cerebral palsy, and why raising awareness about this condition is critical.

Because cerebral palsy is caused by damage to a baby’s brain, the condition is actually quite preventable in most cases. Most of the issues that lead to brain injury—and consequently CP—should be checked for, anticipated and/or monitored by a physician. Some of the health problems in the mother that can bring about brain injury during pregnancy are herpes simplex, rubella, high blood pressure, diabetes, thyroid issues and several others.
During labor and delivery there are numerous problems that can lead to a birth injury, including the umbilical cord becoming compressed, the placenta detaching prematurely, or the use or forceps or vacuum extraction during a difficult delivery.

There are a number of potential causes of cerebral palsy, but the majority of cases are caused by brain damage to the baby during pregnancy, delivery, or shortly after birth. Unfortunately, doctors and medical experts do not fully understand what other factors may cause CP.
Many cases of cerebral palsy are caused when the child is born prematurely, or when the child suffers an early infection, stroke, or blood clot. In most cases, cerebral palsy develops when the infant suffers trauma during delivery, such as a lack of oxygen (blood flow) to their brain. In these cases, cerebral palsy is often the direct result of negligence or malpractice, and the parents have every right to pursue a cerebral palsy medical malpractice lawsuit.

Erb’s palsy, also known as brachial palsy, is a condition that most-commonly occurs to newborn children when their brachial plexus nerves are damaged during labor or delivery. When these nerves (which are located near the shoulder) are injured, it can cause weakness and limited mobility in the arm and hand. This paresis is usually temporary as long as it’s immediately identified and treated, but some cases do lead to permanent disability.
Erb’s palsy is almost always the direct result of shoulder dystocia, and takes place when a newborn suffers from a difficult birth in which his or her arm is treated with excessive force.
While some birth injuries are merely accidents that could not have been prevented, many cases of Erb’s palsy could have (and should have) been prevented, if not for the negligence or carelessness of a hospital, doctor, nurse, or other medical professional.

Klumpke paralysis is a medical condition caused by damage to the brachial plexus. Named after one of the first notable American female physicians, Augusta Déjerine-Klumpke, this type of palsy is often caused by a birth injury.
Klempke’s palsy takes place when the first thoracic nerve and the eighth cervical nerve are damaged. The most common cause of this palsy occurs when an infant undergoes a tramatic delivery involving shoulder dystocia; that is, when a baby’s shoulder becomes trapped in the birth canal by the mother’s pelvic bone. In the case of Klempke’s palsy, an infant may have one arm extended above its head when trapped.
Those suffering from Klempke’s palsy may have a paralyzed hand, a claw hand, numbness, motor issues in the arm and hand, and ptosis (drooping eyelid).
While some cases of Klumpke paralysis cannot be prevented, others are the result of a doctor’s negligence, a hospital’s negligence, or a low standard of care. If you have a child who suffers from Klumpke’s palsy due to a difficult labor and birth, you may wish to speak with a Dallas injury lawyer about why the birth injury took place and whether the injury should have been prevented altogether.

Product Liability

When a person is harmed because of an unsafe or defective item, they may suffer serious injuries and other long-term consequences. These types of injury claims are referred to as “product liability” claims. These claims are usually filed against a manufacturer and/or retailer whose negligence contributed to the injury.
Product liability lawsuits commonly involve products such as vehicles, cribs and other baby products, over-the-counter and prescription drugs, medical devices, medical equipment, tainted foods, household products, toys, appliances, and even fireworks.
How do products become dangerous? Some defective products are produced due to a manufacturing mistake, while others have design flaws that make them inherently prone to causing injury. In other cases, products may not have been advertised correctly or the company that made or sold the product did not properly warn users of foreseeable dangers or how to safely use their product.
If you or a loved one has been injured due to a defective or otherwise unsafe product, we urge you to call Rasansky Law Firm and discuss the facts of your case with our attorneys (for free) at (214) 617-1886.
Read more on product liability.

Takata, the company who produced the defective airbags specified in this massive recall, announced in May of 2015 that they are doubling the number of recalled vehicles in America from 18 million to nearly 34 million. This is by far the largest automobile recall in history, and one of the largest consumer product recalls ever issued.
According to the National Highway Traffic Safety Administration (NHTSA), these defective airbags can explode upon inflation, sending shrapnel into the face and body of the driver and front seat passenger. At least 17 deaths and well over 100 injuries have been tied to these defective airbags so far.
Car companies affected by this recall include, but are not limited to: Acura, BMW, Chrysler, Dodge, Ford, Honda, Infiniti, Lexus, Mazda, Mitsubishi, Nissan, Pontiac, Saab, Subaru, and Toyota.
This recall is so expansive that every car owner is being asked to contact their local dealership in order to determine if their vehicle has been recalled. Alternatively, you could check the NHTSA’s recall website at Be aware that the most recent additions to this recall may not show up immediately through this web app, and the NHTSA recommends that you check back periodically.
If your vehicle is listed in this recall, you’re asked to contact the manufacturer’s customer service department or your local franchised dealership to inquire about scheduling a no-cost repair. If you’ve already been in an accident and were injured by airbag shrapnel, you may very well have a valid product liability claim with which our attorneys may be able to help. Call us for a free consultation at (214) 617-1886 for more information.

All of the major tire companies, including Goodyear, Bridgestone, Michelin, and Cooper, have all announced defective tire recalls in recent years. And each year in Texas, hundreds of car accidents are caused by tire blowouts, separated treads, belt separations, sidewall defects, and split rims. While some of these accidents may be cause simply by the age of the tire or other considerations, other car accidents are caused by tire defects that should have been prevented by the manufacturer. If your Dallas car accident was caused by a defective tire, speak to our Dallas product liability attorneys today.

Did you know that 20 percent of all reported fires are car fires? While there are many causes of car fires (such as poor maintenance or an intentional act) many car fires are caused by a manufacturer defect or a defective auto part.
Defective fuel systems and faulty wiring are two common auto manufacturer mistakes that can lead to serious car fires, car explosions, burn injuries, and even wrongful deaths.
If you were injured in a car fire that was caused by a defect in your vehicle, you may have a valid product liability claim. To talk with a Texas automobile product liability lawyer about your case today, call (214) 617-1886.

In 2011, the U.S. Consumer Product Safety Commission (CPSC) passed a law prohibiting the sale and manufacture of drop-side cribs.
Drop-side cribs are cribs where one or both sides of the crib can be moved up and down for better accessibility. While many parents found the drop sides convenient, drop-side cribs were responsible for at least 32 infant deaths between 2000 and 2010. According to the CPSC, an additional 3,520 incidents and injuries were reported from November 1, 2007, to April 11, 2010, involving drop-side cribs. Injuries included suffocation, strangulation, entanglement, broken bones, and skull fractures. Most of these injuries and deaths occurred when a drop rail partially detached and a gap formed between the drop rail and the mattress. The child was either fell through the gap or was caught and suffocated or strangled.
Under the new guidelines, crib manufactures are required to use stronger materials and hardware. Crib slats must be well attached and drop sides are banned. While you can still find drop-side cribs at yard sales and on, our Dallas product liability attorneys suggest that you purchase a crib that meets the current safety guidelines.
The Dallas attorneys at Rasansky Law Firm work to hold crib manufacturers responsible for injuries caused by defective or poorly made cribs. To discuss a crib injury claim, contact Rasansky Law Firm at (214) 617-1886.

In October 2012, nine out 24 consumer recalls were for children’s products. Every month, at least one highchair, stroller, or baby seat seems to be recalled. You are right to be concerned.
Here are a few tips to help you choose safe gear for your child.
Strollers – Strollers are one of the most frequently recalled children’s products. Many stroller recalls are due to a large gap between the stroller grab bar or tray and the seat bottom.  If an infant is not properly harnessed, the child can slip through the gap into a strangulation hazard. Other strollers have been recalled because exposed hinges can amputate small fingers. Most companies offer free repair kits to fix these issues.
Cribs – since 2007, the Consumer Products Safety Commission (CPSC) has recalled 11 million cribs.  Last year, the CPSC issued new rules for manufacturers of cribs. Cribs must now be made of sturdier materials and must pass tougher product safety tests before they can be sold. Check your crib to make sure that it is properly assembled and that there are no gaps larger than two fingers between the sides of the crib and the mattress. If your crib has a drop-side, stop using it and see if a retrofitting kid is available from the manufacturer. Never use a crib that is more than ten years old.
Play yards – More than 2,100 accidents involving play yards have been reported to the CPSC. These incidents resulted in 170 injuries and 60 fatalities. In June, the CPSC approved new safety standards for all play yards. These include stricter testing including stability testing, entrapment testing, and floor strength testing as well as minimum side height requirements and latch-and-lock mechanisms. If you use a pack and play, play yard, or play pen, make sure that the mattress pad is well-attached and that you are not using any extra padding. Discontinue use if you notice any problems with the hinges.
Baby seats – Millions of Bumbo seats were recalled after more than 75 babies suffered head fractures when they arched their backs or rocked and tipped the seats over. If you have a Bumbo seat, make sure it includes a restraint belt. Never use it on a raised surface.
Check manufacturer web sites – Manufacturer websites are the best place to find information about recalls and safety alerts. You can also fill out online product registrations to have recall notices mailed or emailed to you.
If your child is injured by a defective children’s product, our Dallas product liability lawyers can help you get accountability and compensation through a Texas defective product lawsuit. To discuss your claim, contact Rasansky Law Firm at (214) 617-1886.

Thousands of dangerous products are recalled every year across the country – from cars and tires to toys and baby products to foods and household products. How can you keep track of recent defective product recalls?
First, understand that if your car is recalled, the manufacturer should contact you regarding the recall (although it doesn’t always happen). If you’d like to make sure your car has no active recalls, use the U.S. Department of Transportation’s VIN lookup tool.
In other cases, you can stay informed by checking the official recall website of the US Consumer Product Safety Commission: On this site, there is an option to sign up for email alerts regarding the most recent government recalls.
If you own a recalled product or believe a product you own is defective, check the CPSP’s website for instructions or call the company that sold or manufactured the item for more information.

Although it may vary from state to state, there are lemon laws for used cars. Generally, used car dealers must be honest and upfront with any question pertaining to the vehicle. Some states have consumer protection statutes that protect consumers from deceptive acts during the sale. Other states may require the dealership to tell you if the car was a rental, salvaged, or used as a demonstration vehicle.

The first thing is to stop taking the drug and seek medical help immediately. Be sure to bring the recalled drug with you and tell the doctor where you received the drug. Your next step should be to contact a drug injury attorney who can advise you on what potential legal options may be available to you moving forward.

If you became sick after eating food at a restaurant, you may have grounds for a lawsuit. With the proliferation of dangerous bacteria such as salmonella and E. Coli in the restaurant industry, we could be one meal away from falling ill due to the negligence of a restaurant or food supplier.

Restaurants are obligated to ensure that they handle food according to stringent hygiene standards at all times to safeguard against such cases. However, proving that you suffered food poisoning can be a tricky affair. You may need to provide specific evidence or prove that other people suffered the same adverse event at the same establishment.

No two cases are alike, and we always recommend calling a personal injury lawyer for a free consultation regarding your potential claim. Call Rasansky Law Firm today at (214) 617-1886 and lets discuss your options for recovery.

Work Injuries

It depends. Are you 100% certain that your employer subscribes to the state-run workers’ compensation program? If you’ve verified with the Texas Department of insurance that they do, then the only way you can sue is if the accident resulted in death and was caused by “gross negligence.” Otherwise, your only option to recover compensation would be through a workers’ comp claim.
It’s important to note that if you’ve been in an on-the-job accident, you cannot take your employer’s word on anything. Talk to an attorney to get a true understanding of your options. The call is free, and we will never notify your employer. Call us anytime at (214) 617-1886.

Workers’ compensation (often referred to as “worker’s compensation,” “workers comp,” or workman’s comp”) is a state-run, no-fault insurance program which provides injured employees with certain benefits, including partial reimbursement for lost wages. While this seems like a noble effort to help those injured in workplace accidents, it’s almost never enough to cover your true losses. Why should you accept less than 100% of your lost wages due to an accident that wasn’t your fault?
Employers like workers’ compensation insurance because it effectively shields them from personal injury and wrongful death lawsuits. If your employer has workers’ comp, you cannot sue them. Your only option is to go through the workers’ compensation claims process (except if gross negligence was involved). Texas is unique in that it allows employers to “opt-out” of the workers’ compensation program. Many employers will opt out, and then enact a program disguised to look like workers’ compensation in an attempt to fool their employees into thinking that they cannot sue. The best way to determine the status of your employer, and thus your legal options, is by calling a law firm who can verify with the Texas Department of Insurance.
Rasansky Law Firm can do this for you. Call us today at (214) 617-1886.

There’s a lot of confusion (and misinformation) about employment status in Texas. It is important to note that just because you work on-site on a daily basis doesn’t mean that you are a full-fledged employee. Likewise, just because your boss tells you that you’re a contractor doesn’t mean that you are an independent contractor in the eyes of the law.

An employee is someone who works for an employer and has a set of work instructions and rules that they adhere to. A contractor on the other hand is someone who isn’t explicitly employed by the employer, and someone who dictates for themselves their work tasks as well as supervises themselves.

As an employee, you may be eligible for certain benefits as well as receive compensation if you’ve been injured at work (as long as your employer subscribes to workers’ compensation; something that Texas doesn’t require employers to carry). Contractors, by virtue of not being employed by their superiors, may not qualify for a workers’ comp claim.

That being said, both employees and contractors who’ve been injured on the job may still be able to file a negligence lawsuit in order to seek compensation for their injuries. Additionally, if the injury was caused by a defective product, you may also have a valid product liability claim.

Want to know your legal options? Call us at (214) 617-1886 or email us using the contact form on this page for a free consultation.

There’s a lot of confusion (and misinformation) about employment status in Texas. It is important to note that just because you work on-site on a daily basis doesn’t mean that you are a full-fledged employee. Likewise, just because your boss tells you that you’re a contractor doesn’t mean that you are an independent contractor in the eyes of the law.

An employee is someone who works for an employer and has a set of work instructions and rules that they adhere to. A contractor on the other hand is someone who isn’t explicitly employed by the employer, and someone who dictates for themselves their work tasks as well as supervises themselves.

As an employee, you may be eligible for certain benefits as well as receive compensation if you’ve been injured at work (as long as your employer subscribes to workers’ compensation; something that Texas doesn’t require employers to carry). Contractors, by virtue of not being employed by their superiors, may not qualify for a workers’ comp claim.

That being said, both employees and contractors who’ve been injured on the job may still be able to file a negligence lawsuit in order to seek compensation for their injuries. Additionally, if the injury was caused by a defective product, you may also have a valid product liability claim.

Want to know your legal options? Call us at (214) 617-1886 or email us using the contact form on this page for a free consultation.

It is not necessary or even advisable to wait until OSHA finishes their investigation to gather necessary information related to a work accident case. In fact, you should begin gathering information and speaking with attorneys immediately after the accident!

Building your case is important and needs to be done as soon as possible. If you wait for OSHA to finish their investigation (which can take up to six months), you run the risk of potential witnesses forgetting very important information, video evidence being erased, etc, etc…

If an attorney is willing to take on your case, request that they send a spoliation letter to the employer immediately, and allow your legal team to start collecting evidence and building your case. You can be sure that the employer and their insurance company are already working on their defense, and waiting only puts you at a disadvantage right from the start.

Medical Malpractice

Medical malpractice is defined as professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes the victim injury, trauma, or wrongful death. This can include ignoring procedures, not acting in a timely manner, etc.
It’s important to remember though, that a bad outcome to a medical procedure is not automatically “medical malpractice.” The treatment provided must fall below the accepted standard of practice in the medical community in order to constitute a medical malpractice claim. I hear a lot of people complain about medical malpractice lawsuits simply because they do not understand this concept. People often say “why sue the doctor who was only trying to help you?” If the doctor’s treatment did not fall below the accepted industry standard, he or she did not commit medical malpractice in the eyes of the law.
Here are a few instances that may be considered medical malpractice:

  1. Not monitoring a patient’s vital signs in a proactive way, leading to the death of the patient.
  2. Leaving foreign objects inside a patient’s body, causing the victim discomfort and long-term health problems.
  3. Not treating a health condition in a timely manner.
  4. Failure to diagnose, or misdiagnosis of an illness, disease, or any other medical condition.
  5. Birth injuries (such as cerebral palsy) caused by leaving the baby in the birth canal for too long during delivery.
  6. Performing wrong site surgery (when a doctor or surgeon performs an operation on the wrong part of your body – or on the wrong patient altogether).

See more on “what is medical malpractice?

While no one can compensate you for the loss of your health or a permanent injury, the justice system is set up so that you can recover monetary compensation after a medical mistake depending on what you lost due to the medical mistake and what the error cost you.
Medical malpractice cases take into consideration a number of factors when it comes to determining the value of your case. Your payout largely depends on the losses you suffered as a result of the medical error.
Your losses (damages) could include:

  • The cost of your current and future medical needs.
  • Whether you lost wages or the ability to work.
  • The severity of your injuries.
  • Whether pain and suffering were involved.
  • Other influences of the injury on your life.
  • Any pre-existing medical conditions.
  • The degree of negligence of the doctor.

It is also important to remember that there are medical malpractice caps in Texas that may limit your reward. Since 2003, medical malpractice injury victims have been limited to collecting $250,000 in non-economic damages, such as pain and suffering and mental anguish. There are no caps on economic damages, including medical bills and lost wages.
Do you have a potential Dallas medical malpractice lawsuit that you would like to discuss with a Texas attorney? Call the Rasansky law firm today to schedule a meeting with an experienced lawyer and learn more about your legal options.

When most people think about hospital errors and medical malpractice lawsuits, they think about mistakes in the operating room or surgical errors. However, medication errors are one of the most common types of medical malpractice; especially in newborn children. Medication errors take place on a daily basis in Texas, and many of these mistakes can have dire consequences including permanent health issues, pain and suffering, and even wrongful death.
It’s important to understand that while the correct dosage taken for the correct reasons can have health benefits and even save lives, a wrong dose or the wrong medication can cause serious medical problems. You may be able to recover compensation from the hospital following such an error, but it’s important to discuss the facts of your case with an attorney before you make any decisions.
If you or a loved one has been harmed because of a medication error caused by a hospital, a doctor, a nurse, pharmacy, or another medical professional, you should speak with a Dallas medical malpractice attorney about the particulars of your case. Contact Rasansky Law Firm today at (214) 617-1886 for a free consultation.

It is very important to understand that some surgical errors and medical mistakes are caused by negligence and carelessness, while others are simply unpreventable complications. If you or a loved one suffered from serious surgical complications, it is vital for you to determine why the complications took place and whether or not a doctor, nurse, or hospital was to blame for the issue.
Medical procedures, medical malpractice law, and medical errors can be difficult to understand – speaking to a Dallas Texas medical malpractice lawyer about the details of your case can help you determine whether or not you should pursue damages.

When questioning whether or not a doctor committed medical malpractice, attorneys and medical experts must first determine if the practitioner met the accepted standard of care. But what is the standard of care? Very simply, the accepted standard of care is based on how a doctor in the same field with the same qualifications would have acted in the same situation. For example, if a patient believes that his doctor was negligent in ordering the proper tests after a heart attack, whether or not that doctor is guilty of medical malpractice depends upon which tests other heart doctors would have ordered and what the outcome would have been. To learn more about the accepted standard of care in your own case, contact a Dallas medical malpractice attorney today.

If a Texas doctor has misdiagnosed a disease, illness or condition – and that misdiagnosis harmed your health – you may very well have a TX medical malpractice case. A misdiagnosis can lead to the wrong treatment for your ailment as well as a delay of the right treatment – two medical mistakes that can prove to be extremely harmful and even deadly. In some cases, a misdiagnosis may take place because of doctor negligence, misread medical tests, mixed up medical tests, or the failure to order the correct medical tests. Common misdiagnoses include cancer misdiagnosis, clogged artery misdiagnosis, heart attack misdiagnosis, heart disease misdiagnosis, tumor misdiagnosis, and infection misdiagnosis.

Step #1 is to call a medical malpractice attorney. Since substantial evidence is needed to prove your case, you may be asked to sign release forms. This gives your attorney permission to access your medical records that need reviewing by experts.

If you feel that you or a loved one has suffered further injury due to the negligence of a medical professional, it is in your best interests to at least discuss your case with an attorney. We offer free consultations in order to help explain your options moving forward.
Due to Texas’ tort reform laws, bringing a medical malpractice case involves overcoming significant hurdles, including hiring an expert witness within 120 days of filing suit. While a medical malpractice attorney would never go to court without an expert witness, hiring a medical expert is usually very expensive. Our attorneys handle these cases on a no-win, no-fee basis in order to ensure that you never have to pay a penny unless we put money in your pocket.

Generally, you have two years from the date of the medical mistake or doctor error to file a Texas medical malpractice lawsuit. However, there are some important exceptions:
Because the laws surrounding the statute of limitations on Texas medical mistake claims can be extremely complex, it is important to speak with an attorney as soon as possible after a doctor error. Call Rasansky Law Firm today to speak with a knowledgeable, experienced Dallas Texas medical malpractice attorney.

“Informed consent” is a legal and medical term that refers to a patient’s right to know about the risks involved with a course of treatment or medical procedure before he or she decides in favor of a recommended treatment plan or medical procedure. When a doctor does not provide information about possible risks and the patients is injured as a result of the procedure or treatment, that patient may be able to sue his or her doctor for medical malpractice.
There are important exceptions to the informed consent rule:

  1. The patient is unconscious. A patient who is unconscious cannot give informed consent.
  2. Emergencies. In an emergency, a doctor must act quickly to save a life. If stopping life-saving efforts and describing the risks of a procedure will cause a delay that puts the patient’s life further at risk, then the doctor does not need to obtain informed consent.
  3. The patient is mentally incapacitated or emotionally fragile. If a doctor knows that his patient is so distressed that he or she will refuse necessary treatment, the doctor may not be required to get the patient’s informed consent.  In addition, if a doctor believes that the details of a procedure will make a physically frail patient sick with anxiety, he may choose to withhold some information. However, the doctor must be able to demonstrate exactly why the risks of the procedure were not disclosed to the patient.

If you believe that your doctor behaved inappropriately, caused you harm, or put your life in unnecessary risk, you may have a Texas medical malpractice claim. To learn more, request a free copy of The Epidemic of Medical Mistakes & Understanding Your Rights or contact Rasansky Law Firm at (214) 617-1886 and ask to schedule a free consultation with a Texas medical malpractice lawyer.

If you or a loved one has been injured due to medical malpractice, it is vital that you completely understand what caused the injury and who is responsible for the error. In some cases, a doctor, nurse, or other individual may be at fault for the medical mistake. In other cases, the hospital itself or the clinic may be at fault for failing to vet or train their employees. Still, in other cases, both the doctor and the hospital may have contributed to the medical error.
How can you know who is at fault? You may need an expert witness to examine the evidence of your case and come to a conclusion based on what they find. Perhaps the hospital made a serious medication error. Perhaps the doctor made a bad treatment decision or a wrong diagnosis that most other doctors would have never made. Or perhaps the hospital hired a doctor who was simply not qualified for the job. It is very possible that more than one mistake by more than one party took place.
To learn more about your case, you can contact the Dallas medical malpractice attorneys at Rasansky Law Firm. We can help you better understand your case, as well as your options moving forward. Call us today for a free, confidential consultation.

Yes. Just like any other health care professionals who are held to certain standards of care, chiropractors can be sued for malpractice. Chiropractors can be sued for many of the same reasons that doctors, nurses, dentists, and alternative health care provides can be.
Chiropractors most often face lawsuits for two different reasons: for injuries sustained during manipulations, and for failing to treat or diagnose a serious medical problem. Some of the most serious injuries sustained by chiropractic patients include neck injuries, strokes, neurological injuries, spinal injuries, back injuries, bone injuries, herniated discs, and even paralysis.
If a chiropractor is found liable for professional negligence, medical error victims may be able to collect compensation for permanent disabilities, pain and suffering, mental anguish, medical bills and future medical bills, loss of enjoyment of life, and loss of wages and future wages.
As a doctor has a duty to look over your medical needs, so a chiropractor has similar duties. If you have been injured by your chiropractor, or if your chiropractor failed to diagnose or treat a serious medical issue, you should speak with a Dallas TX medical malpractice attorney. Call the Texas injury attorneys at Rasansky Law Firm today to schedule a free, private appointment.
Read more on chiropractic malpractice.

Yes. “Patient dumping” takes place when a hospital turns away someone in need of emergency care, transfers a patient when unnecessary, discharges a patient before they are stable, or transfers a patient without providing adequate medical care first. Patient dumping most often occurs when a hospital believes that the patient cannot pay for care, has insufficient insurance, or has a condition that will result in high-cost treatments.
The 1986 Emergency Medical Treatment and Active Labor Act (EMTALA) makes it illegal for virtually any hospital to dump a patient and refuse anyone the emergency health care that they require. If you or a loved one was refused medical care at a hospital, discharged without receiving the proper care, or transferred when you should have been treated, you may have a Texas medical malpractice case. Very simply, the hospital is committing a negligent act when they refuse care, provide sub-par care, or end care prematurely.
No one should suffer injury because they receive Medicare or because they appear to be impoverished – it is federal law. Victims of patient dumping and their families should speak with a Dallas medical malpractice lawyer if they believe they were harmed because of the negligent acts of a hospital. Call the Rasansky Law Firm today to schedule a free, private meeting with a lawyer.

You or a loved one was seriously injured by a doctor, nurse, or other medical professional. You KNOW that you are a victim of a medical error, you KNOW that a mistake was made, but a Texas medical malpractice attorney doesn’t want to take your case. Why?
There could be a number of reasons that an attorney might not wish to pursue your medical malpractice case – and there could be another law office that would gladly take your case. When deciding whether or not to work with a client, a law firm will often consider how much evidence there is to work with, how strong your case is overall, and whether or not the compensation you may recover is worth the price of going forward with the case. Medical malpractice cases can be expensive and emotionally difficult for everyone involved – in some cases, even if a medical error likely took place, it is not the best decision to move forward.
It is important to understand that all medical malpractice cases are different – and that we can’t answer your question until we’ve heard the details of your case. If you want to know if you may have a medical malpractice case, and even if another attorney has refused your case, we invite you to speak with our Texas medical malpractice lawyers for a second opinion. We offer victims of medical errors a free, private consultation in which we will discuss your case and your best options for action. Call today.

You or a loved one was seriously injured by a doctor, nurse, or other medical professional. You KNOW that you are a victim of a medical error, you KNOW that a mistake was made, but a Texas medical malpractice attorney doesn’t want to take your case. Why?
There could be a number of reasons that an attorney might not wish to pursue your medical malpractice case – and there could be another law office that would gladly take your case. When deciding whether or not to work with a client, a law firm will often consider how much evidence there is to work with, how strong your case is overall, and whether or not the compensation you may recover is worth the price of going forward with the case. Medical malpractice cases can be expensive and emotionally difficult for everyone involved – in some cases, even if a medical error likely took place, it is not the best decision to move forward.
It is important to understand that all medical malpractice cases are different – and that we can’t answer your question until we’ve heard the details of your case. If you want to know if you may have a medical malpractice case, and even if another attorney has refused your case, we invite you to speak with our Texas medical malpractice lawyers for a second opinion. We offer victims of medical errors a free, private consultation in which we will discuss your case and your best options for action. Call today.

Texas’ 2003 tort reform laws included a requirement that anyone filing a medical malpractice claim in the state must provide a medical expert’s report within 120 days of submitting their case. In other words, an expert witness is absolutely required if you are seeking compensation for a medical error.
Having medical experts on your side during a medical malpractice lawsuit is key to winning your case. A medical expert’s testimony can verify that your injury was the result of carelessness or negligence, help the jury understand the extent of your injuries, and help explain permanent injuries and future medical requirements. In addition, a medical witness can clearly explain the evidence in your case (medical records and medical bills) and that your medical issues were not pre-existing.
In addition to a medical expert, you may want other types of expert witnesses to testify during your trial, including an economic damage expert, a vocational rehabilitation expert, and a life care planning expert.
At Rasansky Law Firm, our Texas medical malpractice attorneys understand how important securing a knowledgeable and experienced medical expert is to the outcome of your case. To speak with one of our lawyers and learn more about how we may be able to help, please call us today for a free consultation.

Gossypiboma is the medical term for an injury that results when a gauze sponge is left in a patient’s body after surgery. Other terms for gossypiboma include “textiloma” and “retained foreign object” (RFO).
Gossypiboma is the most-common type of surgical error, and can often go undetected for months or even years. Eventually, the body tries to encapsulate the object. The patient begins to suffer pain near the surgical site. He or she may have flu-like symptoms or a high fever from an infection. Or a cyst or lump at the site may form and continue to grow.
Gossypibomas are especially dangerous in the digestive tract. They may erode through the abdominal wall or cause obstruction in the intestines. Symptoms include nausea, vomiting, weight loss, and pain. A gossypiboma in the lungs can affect breathing.
Gossypibomas are usually identified with an x-ray or CT scan. Once identified, the sponge (or other foreign object) must be surgically removed.
Gossypiboma is completely preventable. Operating room staff are supposed to check that all sponges and surgical instruments are accounted for during a surgical procedure. If anything is missing, that object must be located before it can cause harm to the patient.
Patients who suffer injury resulting from a surgical error like gossypiboma are eligible to seek compensation for any related medical bills, lost wages, and pain and suffering through a Texas surgery malpractice claim. Learn more about your right to compensation in Dallas medical malpractice attorney Jeff Rasansky’s book, The Epidemic of Medical Mistakes & Understanding Your Rights. If you have additional questions about gossypiboma, or legal questions about your own case, contact the Rasansky Law Firm at (214) 617-1886.

Medical abandonment and medical neglect are types of medical malpractice. Simply put, medical abandonment occurs when a caregiver, such as a doctor, terminates a relationship with a patient without making reasonable steps to have another medical professional take over that patient’s care. Medical abandonment can do serious harm to patients who need immediate or continued care. To avoid medical abandonment, doctors should give patients reasonable notice before terminating a physician-patient relationship and make arrangements for the patients to continue their care elsewhere. If you believe that you have been seriously harmed because of medical abandonment or medical neglect, speak with a Texas medical malpractice attorney today.

A cancer misdiagnosis can have catastrophic effects: the cancer often spreads as doctors are busy treating you for the wrong health condition. But who exactly is responsible for the cancer misdiagnosis that put your life in jeopardy? In cancer misdiagnosis cases, the following people or entities are often the center of Texas medical malpractice lawsuits:

  • The doctor(s)
  • The hospital
  • Other medical professionals involved in your misdiagnosis

Dallas medical malpractice attorney can help you better understand how your cancer misdiagnosis took place and who is responsible. Call Rasansky Law Firm today at (214) 617-1886 to learn more about your legal options.

Anesthesiology errors are one of the most common types of medical malpractice in the operating room. Anesthesiology errors can take place when the anesthesiologist administers the wrong amount of medication or the wrong kind of medication into the patient. These types of medical errors can also take place if the anesthesiologist does not properly monitor the patient or if the medical devices in place are defective. Anesthesiology errors can have serious long-term effects as such mistakes can cut off oxygen supply to the patient’s brain or have the patient remain conscious during the operation.

Wrong site surgery is a type of medical malpractice that may be more common than you might think. Wrong site surgery occurs when a doctor or surgeon performs an operation on the wrong part of your body – or on the wrong patient altogether. The most common form of wrong site surgery takes place when a surgeon operates on the wrong side of the body, such as a knee replacement on the right knee instead of the left knee. Wrong site surgery is almost always the fault of the doctor or hospital. Studies have shown that wrong site surgery medical mistakes can easily be prevented with medical checklists and careful, thoughtful hospital staff.

Unfortunately, the answer is no. While completely unethical, many doctors have deliberately chosen to forgo obtaining or maintaining medical malpractice insurance. Since the cost of insurance premiums for doctors can be expensive, some of the smaller practices may not have insurance while bigger practices may have a form of joint insurance. To find out for sure, have an attorney check for you. This can usually be done up-front, and for no cost to you.

Other Questions

First off, the majority of health insurance plans do not cover 100% of your medical expenses. At bare minimum, you are responsible for deductibles, co-pays, and on top of that, many types of procedures are simply not covered at all. More importantly, your health insurance carrier does NOT reimburse you for non-tangible or non-medical-related losses such as lost wagespain and sufferingreduced earning capacityloss of consortium, etc, etc.

Remember that medical bills are only one part of your claim. If you’re now unable to return to work at full capacity, the damages related to your reduced earning capacity will likely FAR exceed the cost of your medical bills. We all know that a serious injury impacts a victim in more ways than the hospital bill, but these type of losses will never be covered by any health insurance plan. Only a personal injury lawyer can assist you in collecting these types of damages through a personal injury claim or lawsuit.

While a personal injury attorney may be able to give you a “ballpark estimate” on the time frame you’re looking at, it is simply impossible to provide an accurate answer without having all the facts connected to your case. Some types of cases settle within weeks, while some can take well over a year to play out.

At Rasansky Law Firm, we make it a point to explain exactly what to expect, and can give you a good idea on how long it might take to either reach an out of court settlement or go to trial.

One factor which does play a significant role with regard to time is medical treatment. An attorney will never begin negotiating with the insurance company until after you complete your regimen of medical treatment. After you complete treatment, your attorney will work everything out and present the total demand to the other side. This must be done after treatment is completed because you simply won’t know how much the total damages are until you have completed treatment and been assessed by a medical professional.

For more information, or to speak with us about your situation, call (214) 617-1886 today.

Yes you can afford a lawyer for your personal injury claim. That is because the attorneys at Rasansky Law Firm work on what is called contingency.

Contingency fees make quality legal representation accessible to everyone

Personal injury attorneys only get paid if the client receives money from those responsible for causing them harm. The attorney gets a percentage of whatever compensation they win for the client, plus any costs associated with pursuing the case. The client gets the rest.  Most personal injury lawyers who handle accident injuries such as car accidents are contracted on a contingency fee basis.
If a lawyer takes the case and does not win in court the lawyer will absorb the cost out of pocket, not the plaintiff.    This makes contingency fees work well for the plaintiff because the lawyer is paying all the cost, doing the work and taking the risk.  Personal injury lawyers can put in hundreds of hours of work and hundreds of thousands of dollars in costs to prepare a case for trial. If they don’t win, they don’t get paid.

What are contingency fees?

A contingency fee is a prior arrangement between lawyer and client in which the lawyer receives a set percentage of the amount of recovery awarded to the plaintiff in a case.  In most cases, monetary recovery is obtained through settlement, mediation, arbitration or trial.  Generally, when a lawyer takes a case on contingency a client has no obligation to pay the lawyers fee unless the case is successfully resolved.  Most lawyers usually have a contingency fee near 30-50% (depending on if the case is settled or goes to trial).
Personal injury lawyers who work on contingency take all risks in order to share in the rewards when the case settles in or out of court.  The financial risk for an attorney working on contingency can be significant because in many cases the upfront fees can run into the tens of thousands of dollars, an amount the average person just cannot afford. There is a mutual benefit to this type of arrangement for both clients and the personal injury attorneys. The more compensation an attorney can settle the case for, the more the client receives and the more attorneys make. The attorney takes the risk, does all the work and collects a percentage of the settlement in return while the client receives justice, quality representation and a settlement to compensate for damages and injuries.

No upfront fees means little or no financial risk

A contingency fee arrangement means there is no financial risk to the injured person.  Very few people could afford a lawyer if they had to pay attorney’s fees upfront or by the hour.  Contingency fee gives common people access to quality representation, justice and compensation.
When you are injured because of someone else’s negligence or carelessness, you have a legal right to be compensated, or paid, for the damages you have suffered. Damages can include medical bills, pain and suffering, lost wages, loss of future earning capacity and property damage. These damages can be recovered, or paid back to you, by filing a personal injury claim in civil court.
Many insurance companies have their own lawyers and insurance adjusters who work diligently to minimize the payout you receive.  Having an attorney on your side with resources to level the field could significantly increase the amount paid in a settlement.

Premises liability simply means that a landlord or property owner is responsible for injuries and accidents that take place on their land. If a person is seriously injured while on another person’s property, and that property owner was negligent in keeping their land reasonable safe from hazards, he or she may be responsible for damages related to the injury, such as medical bills, lost wages, future medical costs, pain and suffering, or mental anguish.
Examples of premises liability cases include dog bite lawsuitsslip and fall casesswimming pool drowningsinadequate security lawsuits, and more.
If you believe you have a potential premises liability case, contact Rasansky Law Firm today at (214) 617-1886.

Whether or not you can secure a monetary award from a property owner following a slip and fall accident depends on the particulars of the case. In all trip and fall cases, you must prove that the owner of the property was negligence and that your injury would not have occurred if the owner kept their property reasonably safe. In most cases, either the property owner knew about a danger and did not remedy it, or the owner was generally negligent in maintaining the safety of the property The best action to take after a serious slip and fall injury is to contact an experienced Texas premises liability attorney and ask for a free consultation regarding your case.

Whether or not you can sue a dog owner or property owner after being attacked by a dog depends on the circumstances of the dog bite incident. In Texas a dog’s owner may be liable for dog bite damages if he knew about the dog’s aggressive and dangerous history; was violating a local leash law; the dog attack was intentional; or if the owner was in some way negligent. To find out for sure whether or not you could receive compensation for damages such as medical bills, lost wages, and pain and suffering, consult a Texas dog bite attorney.

The responsibility for dog bites and animal attacks sometimes depends on the state in which the incident took place. In other words, some states operate on a strict liability clause that places legal responsibility on the owner – even if (s)he did nothing wrong regarding their obligation to protect others from an attack. In other states, the owner can only be held liable for injuries his/her animal inflicts if (s)he knew (or should have known) that the animal had the potential to attack someone.

These type of personal injury claims are generally covered by the animal owner’s homeowner’s insurance policy.

There are some cases in which contributory negligence may play a role as well. If the owner secured the animal on his/her property yet someone climbs a fence or wall or deliberately provokes an animal, the victim may be unable to recover compensation.

The truth is that these cases are complex and you really need to discuss the facts of your unique case with an attorney in order to understand what options are available to you. Our law firm will consult with you for no cost by calling (214) 617-1886 or emailing us using the contact form on this page.

Follow this link for more information about dog bite injuries.

As of September 1st, 2017, texting and driving within the state of Texas is officially illegal. The offense is punishable by a fine of $25-99 for first-time offenders, and $100-200 for repeat offenders. Additionally, many Texas cities, towns, and municipalities have passed additional local ordinances regarding phone use while driving. In fact, at least 75 cities have enacted hands-free ordinances which go much further than banning texting while driving.

A few additional laws regarding the use of mobile devices while driving in Texas:

  1. All novice drivers are banned from using their cell phone (or any wireless communication device) while driving until their 18th birthday.
  2. All school bus drivers (those carrying passengers under the age of 17) are banned from speaking on the phone or texting while driving, and all bus drivers are banned from texting. In fact, the FMCSA has recently instated a federal rule prohibiting commercial vehicle drivers (including 18-wheelers, tank trucks, etc.) from texting while driving, even while stopped at a red light.
  3. No person may talk on a cell phone or text while driving in a school zone, though hands-free devices may be used in these areas.

For a more-complete rundown, see our page on Texas’ texting & driving laws.

If you cannot work because of an injury, condition, and illness, you may qualify for Social Security Disability benefits. However, you must apply for benefits through the Social Security Administration, who will determine whether or not you are disabled through examining your medical records and reviewing your paperwork.
Under the SSA’s guidelines, your condition must either last for more than one year or be ultimately fatal. In addition, your age, work experience, education, will also be factored in to their decision. Finally, they will analyze whether you are still able to do certain types of work, such as sedentary work or light work, as opposed to heavy work. You can be certain of whether or not you qualify for SSDI benefits from speaking with a Dallas Social Security Disability lawyer and applying for or appealing your application for benefits.

Far too many people assume that their initial application for Social Security Disability benefits was denied simply because they do not qualify for disability payments. However, it is important to understand that two out of three disability claims are initially rejected and denied for a variety of reasons other than eligibility.
Many people have their disability claim rejected simply because they do not follow the direction on the application process – they leave out important information or do not complete the application correctly. Others have their disability claim rejected because they do not thoroughly prove that they suffer from a disability or that their disability prevents them from working. Many people who are rejected are indeed disabled and can’t work, but do not provide the medical history and medical records proving these two facts.
Some people have their disability applications denied for valid reasons. These reasons include the fact that your disability was caused by a substance abuse issue, the fact that you have a criminal past, the fact that your disability is a short-term issue, or the fact that you earn too much income to qualify.
If your Social Security Disability claim was denied, speak with a Texas disability benefits attorney today to pinpoint exactly why your application was rejected and to understand whether or not it is worthwhile to appeal your case. Call Rasansky Law Firm today at (214) 617-1886 to schedule a free, private consultation.

The amount of time it takes to successfully receive your social security disability benefits from the Social Security Administration depends on several factors.
If you have been diagnosed with a very serious and ultimately fatal disease that appears on the Social Security Administration’s List of Compassionate Allowances, your application for benefits will be fast-tracked. However, if your application is initially denied, you will need to go through the appeal process, which takes significantly longer.
Recently, the number of disability applications has been rising significantly and the SSA has been falling further and further behind in examining applications. But while the process may take a frustratingly long time in some cases, it is always worth the fight to get the Social Security Disability benefits that you rightfully deserve.

Unlike many states, Texas does not require cyclists of any age to wear helmets while riding their bike. However, some individual cities in Texas have instated bicycle laws for kids and teens. For example, bicycle helmets are required for children when riding their bikes on public streets, sidewalks, or park property in Arlington, Austin, Dallas, Fort Worth, Houston, Benbrook, Bedford, Coppell and Southlake.
Until June of 2014, Dallas required all bike riders to wear a helmet, now the law only applies to those under the age of 18. In Dallas, it even used to be illegal to “remove both hands from the handle bars or feet from the pedals, or practice any acrobatic or stunt riding upon any street,” or to “participate in any race for speed or any endurance contest.” That’s right, it was actually illegal to pop a wheelie!
Twice in recent years, Texas lawmakers have attempted to institute a statewide law that would require minors to wear helmets while riding a bike, but both laws failed to pass.
Even though bike helmets are not required by law for most Texans, it is always a good idea to wear a properly fitted and buckled regulation helmet while riding your bike. Ask anyone who’s been in a bicycle accident and they’ll tell you the same. While helmets do not completely prevent head injuries or traumatic brain injuries, they greatly reduce damage done to the head during bike accidents and minimize injury. Very simply, regardless of the law, bike helmets save lives.

A scooter does not fall under the classification of a normal passenger vehicle, so it is necessary to register it as a moped or motorcycle, which requires a class M license. Under the legal definition of a moped, it must meet the following criteria:

  • Must be unable to achieve speeds more than 30 miles per hour.
  • The piston displacement must be no more than 50 cubic centimeters.
  • The operator must not be required to shift gears.

If a two-wheeled vehicle fails to meet all three of the above criteria, the owner must register it as a motorcycle. If the scooter or moped DOES meet those three requirements, you’re eligible for a “K” restriction. This basically means that you are exempt from taking a motorcycle test, but you’re also restricted from driving a motorcycle (even though you possess an M license).

Proximate cause can be defined as an act from which an injury results as a natural, direct, uninterrupted consequence, and without which, the injury would not have occurred. It may not necessarily be the closest cause or the first event, which can make proving proximate cause a complex affair.
Courts use the “but for” rule in order to assess proximate cause and determine whether an injury would have occurred without the negligence of the defendant. Making the determination that the injury would not have occurred without the negligent factor then makes a particular act the “proximate cause” of the injury, although this alone does not establish liability.
Some jurisdictions choose to use what they call the “substantial factor” formula in order to determine proximate cause. This means the court considers whether the conduct of the defendant was a substantial factor in causing the damage; in this case the defendant will be held liable for resulting damages unless he or she can prove otherwise.
In order for a plaintiff to receive an award for damages because of negligence or another wrongful act, it is essential to determine fault and prove the negligent actions of the defendant were the proximate cause of damages to the plaintiff (and not some other action).

In most cases, a client is free to change attorneys at just about any time. However, the problem is if you are already represented, it may be difficult to find another attorney who is willing to discuss your case at all due to ethical concerns that may exist from speaking with a client who already has legal representation.

If you are thinking of firing your current lawyer, the first thing you should do is schedule an appointment to address the concerns you have. If you are still unhappy after meeting with your lawyer, you’ll want to send a letter terminating the services of the law firm and requesting your case files. Keep a copy of this letter, as your new lawyer will likely want to see it as proof you have legally and properly terminated the contract.

Full disclaimer terms can be found here:

Other Accidents

I know you were hoping for an easy answer, but determining the potential value of a motorcycle accident case is hard (okay, impossible) to do without knowing the details of a case. How serious are your injuries? Do you have a permanent disability or chronic pain? Do you know the policy limits of the defendant’s insurance coverage? Are you expected to miss work due to your injuries?
There are many factors which go into determining the total damages (and thus the potential value) of a motorcycle accident case, but by asking an attorney for a free case evaluation, you can get an idea of exactly how much your case may be worth. Having a qualified and experienced attorney look at your case (as well as carry out vital investigative work) might uncover things like more defendants, additional damages, culpability, etcetera. If Rasansky Law Firm agrees to take on your case, this is all done at no cost to you.
Get in touch with an experienced Dallas motorcycle accident attorney today so that you can get a good idea of the strength (and value) of your case. Call us 24 hours a day at (214) 617-1886.

Yes, you can still file a Texas personal injury claim after a motorcycle accident even if you were not wearing a helmet at the time of the collision. Whether or not you were wearing a helmet has nothing to do with who caused the accident and who is ultimately at fault for your crash. However, it’s important to note that even though you are not required by law to wear a helmet in the State of Texas, you may be found “comparatively negligent” for a portion of your damages (injuries) due to your choice not to wear one.
If a loved one been seriously injured in a motorcycle accident but was not wearing a helmet, you still have options. Call us for a free consultation at (214) 617-1886. We may be able to help you start on the right track.

In Texas, motorcycle riders must always wear a helmet if they are under the age of 21. If “the person required to wear protective headgear was at least 21 years old and had successfully completed a motorcycle operator training and safety course… OR was covered by a health insurance plan providing the person with medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle,” a helmet is not required by law.
Failure to wear a motorcycle helmet is a secondary offense in Texas; that is, a police officer cannot pull over a motorcycle rider only to see if he or she has medical insurance, has taken a motorcycle training and safety course, and/or is of a certain age.
While motorcycle helmets are not required for many riders in Texas, helmets have been proven to minimize injuries and prevent deaths caused by relatively-minor motorcycle accidents. Over the years, we’ve handled a countless motorcycle accident cases where the victim could have avoided brain damage (or death) simply by wearing a helmet. Because of this, we strongly encourage ALL riders to wear protective gear when riding.
Even if you’re the most-skilled rider out there, you can’t control or predict what other drivers may do.

Yes, it is possible that your accident was caused by poor road design, dangerous road conditions, or an improperly maintained property. Whether or not you have a valid personal injury claim after a bicycle or motorcycle accident depends on a number of factors related to your specific incident.
Here are just a few important questions you should ask if you believe your accident was caused by a problem with the road:

  • Should my bike/motorcycle accident have been prevented by the entity that maintains the road?
  • Did the entity that maintains the road know about the issue that caused your crash?
  • Did other accidents take place in the past in the same area and for the same reason?
  • Was the road hazard an obvious danger?
  • Could it be argued that you should you have seen the danger and avoided it on your own?
  • Do you fear that other riders will suffer accidents and injuries in the same place in the future?

Cities, towns, and counties have a responsibility to keep their roadways reasonably safe and free from hazards. In addition, private property owners have a similar responsibility. If you’ve been injured and would like to learn more about your legal options, call Rasansky Law Firm at (214) 617-1886 today.

Before September 1st, 2009, Texas had no laws governing age, height or weight of motorcycle passengers. However, after HB 537 was passed during the 31st Legislative Session, no passengers under the age of five were allowed on motorcycles. The laws on helmet requirements remained the same: passengers under the age of 21 were required to wear helmets while those over the age of 21 were not required to wear helmets as long as the driver met the helmet exemption requirements.
Malorie’s Law was passed in 2013, and as of 2015, motorcycles that are equipped to carry passengers are required to have passenger footrests and handholds installed.
Read more on motorcycle accidents.

Lane splitting refers to moving through congested traffic on your motorcycle – essentially, driving between two lanes of congested traffic. Different states have their laws regarding this kind of behavior. In Texas, the law doesn’t expressly forbid or allow lane splitting. Because of this, determining liability in an auto accident caused by lane splitting will be more difficult. As such, liability will likely be heavily contested by insurance companies.
There were two attempts to legalize lane splitting (SB 506 in 2009 and SB 442 in 2015), but both died in committee. Again in 2017, a similar bill (SB 288) has been proposed.

There are no exemptions within Texas law that allow any vehicle other than an emergency vehicle to proceed through a red light. The motorcycle operator must legally turn or change lanes when it is safe to do so and then locate a different route.
The Texas Transportation Code does requires certain traffic-controlled traffic signals to have the ability to detect the presence of a motorcycle, but a failure of this system does not permit riders to run a red light.

There are different laws and regulations for motorized scooters (such as mopeds and Vespas) and motorcycles in Texas. Let’s look at some of the basics:

  • For motorized scooters with more than a 50cc engine, riders must hold a motorcycle license or motorcycle license endorsement  – which requires a written test and a road test.
  • Scooter users must have a Class C Driver’s License for motorized scooters with a 50cc engine or less.
  • All motorized scooters of all sizes must be registered in Texas and pass an annual inspection.
  • Helmets are required for all riders under the age of 21. Helmets may not be required for those with health insurance coverage who have taken a safety course.
  • Mopeds are required to use a headlight in the dark.
  • Motorized scooters must have working brakes.
  • Mopeds must travel as far to the right side of the road as safely possible when traveling slower than surrounding traffic.
  • It is illegal to attach someone on a sled, skates, or other toy vehicle onto a motorized scooter.

Have you been involved in a Texas motorized scooter accident? Speak with a Dallas auto accident attorney at Rasansky Law Firm today.

If you or were seriously injured in a Texas bicycle accident, you may file a lawsuit in order collect damages from the person or entity that was at fault for your accident. Damages could include medical bills, lost wagesloss of future wagespain and suffering, and mental anguish.
Before filing a lawsuit, it is key to determine what caused your accident and who was at fault for your injuries. While the driver of the vehicle that struck you is often at fault in a car-vs-bicycle accident, other factors may have been at play. For example, your bike accident could have been due to poor road design, a malfunctioning traffic light, a mechanical problem, a bike manufacturing error, or due to premises liability issues. Even if you believe that you were at fault for your bike accident, it is important to speak with an attorney and have an expert fully investigate the actual cause of your wreck.
Are you considering a bike accident injury lawsuit in Dallas? Speak with our Texas personal injury attorneys today by calling (214) 617-1886.

Jet skis are an exciting and enjoyable way to enjoy lakes, oceans, and rivers. However, jet skis can be dangerous and jet ski accidents can result in serious injury and even wrongful death.
While some jet ski accidents are simply accidents that could not have been foreseen, other accidents could have been prevented if not for the actions of a negligent party. For example, your jet ski accident injury could have been caused by a reckless boater, an intoxicated boater, a negligent rental company, or even the jet ski manufacturer. Read our page on Dallas Jet Ski accidents to learn more.

Who is at fault for your ATV accident or injury depends heavily on the details of the accident and the evidence available. Understanding who is at fault for your all-terrain vehicle crash means understanding why the crash took place and whether or not it was preventable. With that in mind, here are some common responsible parties:

  • The manufacturer of the ATV.
  • The ATV maintenance or repair company.
  • The owner of the premises where the accident occurred.

Want to learn more about your Dallas ATV accident, and whether you should take legal action? Speak to the ATV accident and injury attorneys at Rasansky Law Firm today.

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