March 2012 Archives

March 29, 2012

If I am from out of state, can I bring a claim in Texas for my Texas accident case?

At the Anderson Law Firm, we represent clients who have had the unfortunate experience of being injured in an accident in Texas. Most of the time, these people are Texans themselves, but sometimes they are residents of other states who were just traveling at the time their accident occurred. Regardless of what state you're from – the hardships of being hurt in any accident caused by negligence are still the same.

If you have been hurt in a wreck while visiting Texas or any other state, if you can bring a claim in that state for your injuries. For instance if you were hurt in an accident while on vacation in Dallas, you can bring a claim for your medical expenses and lost wages by hiring an attorney who practices in the location where your accident occurred. The Anderson Law Firm has represented several clients who live outside of Texas, but were injured here while passing through.

If you have been hurt in a Texas accident, contact the Anderson Law Firm or order our free book, “15 Mistakes That Will Wreck Your Texas Accident Case”. It has useful information that could save your case. The Fort Worth personal injury lawyers at the Anderson Law Firm are experienced at handling the injury claims of those who were injured in Texas, but reside out of state. If you need legal advice on how to handle your Texas injury claim, contact our top-rated DFW injury lawyers today.

March 27, 2012

Propeller Victim Rejects $200K Insurance Offer; Files Lawsuit

North Texas fashion blogger, Lauren Scruggs, who was severely injured by a propeller in December has rejected a $200,000 insurance payment and filed a lawsuit. Scruggs lost a hand and eye in the accident after accidentally walking into the plane's propeller following a chartered flight to look at area Christmas lights. Now, she is suing Aggressive Insurance Services.

In the suit filed Monday, the insurance company has offered Scruggs $100,000 for each of the pilot's two planes it insures. It is the maximum allowed per plane passenger, but Scruggs lawsuit contends she was not a passenger at the time of the accident – they are taking “the literal and logical view of the term ‘getting out of' the aircraft.” Because of this, they contend she was not a passenger of the plane as she was already out of the aircraft. Now, a Dallas County court will be face the task of defining the term, “passenger”.

As a personal injury lawyer in Fort Worth, I am used to filing lawsuits on behalf of my clients who have been hurt in accidents. But after more than 20 years of being an attorney, there is still no sure way to figure out how a jury will rule. In this case, Scruggs might walk away with even more compensation for her injuries if the jury agrees that she was not a passenger of the aircraft at the time of the accident. But if they rule that she was a passenger at the time of the propeller incident, it is possible she could receive even less than the initial offer to settle.

What do you think? Is Scruggs justified in her insurance company lawsuit?

March 26, 2012

Woman Sues Apple Because She Didn't See Glass Wall

One of my pet peeves as a Dallas-Fort Worth personal injury lawyer is ridiculous and frivolous lawsuits which make my entire profession look bad. Today, I was very disappointed to learn that Evelyn Paswall, 83, of Long Island, is attempting to sue Apple after she accidentally walked into the glass front of their Manhasset, New York store (pictured below) and suffered a broken nose.

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Paswall's attorney, Derek T. Smith explained the lawsuit by claiming “Apple wants to be cool and modern and have the type of architecture that would appeal to the tech crowd, but on the other hand, they have to appreciate the danger that this high-tech modern architecture poses to some people.”

Now, I've been representing innocent personal injury and wrongful death victims throughout the DFW region and across Texas since 1991. I know that people get hurt as a result of someone else's negligence in a number of different situations. However, all this lawsuit does is damage the public perception of all trial lawyers by reinforcing the ambulance chaser stereotype. Paswall is attempting to sue Apple for $1 million, despite the fact her medical bills only totaled $75,000. Frankly, I don't buy it, and I doubt that the judge whose court the case ends up in will either.

Here at the Anderson Law Firm we don't represent sue-happy people who want to make a frivolous claim. We only represent innocent, hardworking Texans who've have their life abruptly turned upside-down through no fault of their own.

March 23, 2012

Bike Share Program on Horizon for Fort Worth

This week, the city of Fort Worth's plans to truly make Cowtown bicycle-friendly took another huge step forward as the Fort Worth Transportation Authority announced plans to formally apply for a $1 million federal transit grant which would allow them to implement a city-wide bike sharing program. As an outdoor fitness fanatic myself, I think this is a great idea. With soaring gas prices, it will provide people who work and live in Fort Worth with a convenient alternative to driving everywhere. “It will promote healthy living and take cars off the road,” points out Tony Johnson, Executive Vice President of the T.

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The initial plans for the bike share program involve 200 bicycles and approximately 22 bicycle stations located conveniently throughout the city. Riders can borrow a bicycle from any station with their credit card and return the bike to any other station (think of it as a bicycle version of the popular DVD rental service Redbox).

However, while the hopeful reduction of motor vehicle congestion throughout Fort Worth will hopefully lead to fewer traffic accidents, as a DFW personal injury lawyer, I suspect that many motorists would be well advised to brush up on the legal rights of cyclists on Texas roadways. In 2010, 47 cyclists were killed on Texas roads. This might seem like a small number in comparison to other traffic wreck statistics, but in my mind this is still far too high. Texan bicycle riders have as much right to be on the road as any other motorist. If they are injured in a wreck, they are entitled to make a claim for compensation against the at-fault driver's insurance.

Overall, I think that Fort Worth's bike share program is a great concept and I look forward to seeing it become a reality. Unfortunately, it seems like we're going to have to keep waiting until April 2013 at the earliest. At least that leaves plenty of time for Arlington to catch up by introducing some kind of public transportation strategy!

March 20, 2012

Baylor Fraternity and Bar Sued For Drinking Death

The parents of a Navarro Junior College student who died after a night of binge drinking have filed suit against a Baylor fraternity and the bar that hosted their drinking event. In 2010, Megan Helal was a 19-year-old college freshman dating a Sigma Chi fraternity member at Baylor.

In their lawsuit, Helal's family say their daughter went to an initiation part at Mynar's Bar to celebrate the frat's new members. Even though Helal was underage, she was still served alcohol and had anywhere from 10 and 17 drinks in two hours. Helal's boyfriend, the fraternity, the bar's owners and its employees are all named in the lawsuit, which does not designate the specific amount in damages being sought.

It's horrible that any family would have to go through something like this. Binge drinking is a serious problem on college campuses and not one that should be taken lightly. In my opinion as an attorney who handles drunk driving accident cases, I absolutely think the bar that served Megan should be held accountable for their actions. Bars can be held accountable for over serving their patrons – it's called a dram shop claim in some circumstances. In order for restaurants, waiters and bars to avoid this all they need to do is check IDs and not over serve patrons. If only the bar in Waco played by the rules.

March 19, 2012

Turn Around. Don't Drown.

Severe weather is expected for several days this week in the Dallas/Fort Worth area. High winds, storms and rain are anticipated in the forecast. If you've lived in Texas for most of your life like I have, you know the weather here can change drastically in just minutes.

As Texans, we know if we don't like the weather just wait a couple minutes and it will change. Most of us aren't too concerned with rain, but maybe we should be. I was checking my personal injury law firm's twitter recently and read a really surprising tweet from the Red Cross DFW. It said that 63% of all people who died in floods last year were in their cars.

Flash floods are serious here in Fort Worth. What may look like water a foot deep could really be much more. Drivers are aware of avoiding car accidents when it rains, but they obviously don't take flash flooding seriously enough. It's obvious not to drive your car trough high water – but another reminder doesn't hurt. If you see what could be high water, turn around and don't drive into it. It doesn't take very much water to lift a car or trap you. Turn around. Don't drown.

March 16, 2012

Hollywood Giants Attack Hobbit

As a Fort Worth personal injury lawyer, I'm used to fighting powerful insurance companies in order to defend and protect the rights of hardworking Texans who have been injured in car wrecks, truck crashes and other accidents which were caused by someone else's negligence. As such, I'm always interested to hear other stories where a David has beaten a Goliath. This week, I was intrigued by the news that a California-based corporation was threatening to sue a small English pub called The Hobbit over a claim of copyright infringement. However, the story is not as straightforward as it seems…

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The Hobbit, a Southampton bar popular with local students, has had the name The Hobbit for more than 20 years and serves unique cocktails named after characters from many of the famous JRR Tolkein books which also include The Lord of The Rings trilogy. However, the Saul Zaentz Company (also known as Middle-Earth Enterprises) owned by Paul Zaentz, is now claiming copyright infringement against the small pub, and is trying to get it to rebrand itself.

Within the past week, there has been huge public uproar against what is commonly perceived as both frivolous litigation and corporate bullying. Even stars from the new Peter Jackson film The Hobbit: An Unexpected Journey (due out his December) have voiced their opposition to the legal threats. Sir Steven Fry called it “pointless, self-defeating bullying,” while Sir Ian McKellen (who plays Gandalf in the movies) referred to it as “unnecessary pettiness.”

I have to agree with these sentiments. Thankfully, it does seem that this legal impasse might be able to be resolved. After a week of harsh negative press, the Saul Zaentz Company has now released a press statement which suggests they would be prepared to negotiate an “amicable” resolution, suggesting that The Hobbit might be able to resume doing business as they have done so for two decades “for a nominal fee – approximately $100 [£65] a year.”

As an accidental injury attorney, I am predisposed to root for the underdog. I hope that this situation is indeed resolved satisfactorily to all parties and that the bullying tactics of Hollywood do not run a small enterprise out of business. We do not need another story to end the way of Dublin Dr. Pepper.

March 12, 2012

Regular Oil Changes Are Important For Your Safety

Staying up to date with the regularly scheduled maintenance for your car, SUV or pickup truck is important for a number of reasons – not least of which is your safety. Each year, thousands of car wrecks in Texas and across the United States are the result of owners not performing essential auto maintenance in a timely fashion. Even something so seemingly simple as failing to get an oil change on your vehicle could have disastrous consequences.

Depending on your auto manufacturer or the age of your vehicle, it is recommended that you get an oil change and replace your oil filters every 3,000 to 5,000 miles. Regular oil changes help to preserve the life of an engine by removing debris and other particles which can build up in the oil and filter. It's also important that you regularly check your engine's oil level as oil is an essential part of any functioning engine as it lubricates and reduces friction. Driving a car which has run out of oil is likely to cause massive (and expensive) damage to your engine and even poses a risk of catching fire. Changing the oil might seem simple – but failure to do it can have devastating consequences.

If you have suffered property damage or bodily injury in a Dallas-Fort Worth area traffic collision which was not your fault, it is important that you are aware of your legal rights. If someone else was at fault for your injuries, you may be entitled to compensation. To speak with a board certified personal injury attorney today, please call the Anderson Law Firm at 817-294-1900.

March 11, 2012

New Study Claims Sleeping Pills May Increase Risk of Cancer and Death

Last week, it was reported that a study conducted by US doctors and published by the British Medical Journal had found that patients taking prescribed sleeping pills were more at risk of getting cancer and of dying. According to the study, 10 percent of the US population took sleeping pills in 2010, and it is believed that such pills were associated with as many as 507,000 extra deaths that year.

The study focuses on drugs such as temazepam and zolpidem which are commonly prescribed for short-term insomnia. The study argues that patients taking these sleeping pills are more than four times at risk of death, with patients taking more than 132 doses a year more than five times at risk.

In addition, the study found that patients who are prescribed sleeping pills are even more at risk of being diagnosed with certain types of cancer than smokers. In particular, patients taking sleeping pills are at risk of being diagnosed with lymphomas, lung, colon or prostate cancer. Those patients who take more pills are again most at risk, with the study suggesting that they might be 35 percent more likely of being diagnosed with cancer that someone who does not take sleeping pills.

Despite the dangers highlighted by this latest study, there have been no new recalls issued on any sleeping pills within the United States since it was published. If you are concerned about your prescriptions drugs, we recommend that you consult with your doctor.

Comments and opinions by the dangerous drugs and medical devices attorneys of the Anderson Law Firm, Fort Worth, TX. If you or a loved one has been injured or killed as a result of a hazardous medication, please call us for a free consultation on your case. Call Ft Worth, 817-294-1900.

March 9, 2012

March Madness Contest 2012

After the success of our March Madness contest last year, we're doing it all over again – but this time we're doing it bigger and better! This year we've got four awesome prizes that are all so great we're going to let the winners decide which one they want. You can choose from the following: two tickets to a Dallas Mavs game, a family season pass to Six Flags, a Wii Fit, or a Kindle Fire. It's completely up to you!

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Selection Sunday is this Sunday. As soon as the bracket is announced you can go online to make your picks. It's completely free to enter and there is no age limit. The only catch is you must live in Texas.

This year, we're also giving you an extra chance to win – just in case you don't know anything about college basketball. In addition to our main bracket competition, we're also running a bonus contest which will operate like a sweepstakes drawing. You can get extra entries into this contest by using your Facebook and Twitter accounts too. It's really easy.

So what are you waiting for? Go ahead and register now – just make sure you get your picks locked in before 11:00am CST on Thursday, March 15. Have fun and good luck!!!

March 7, 2012

Who are the best personal injury lawyers in Texas?

Who are the best personal injury lawyers in Texas?
At the Anderson Law Firm, we'd like to think of ourselves as one of the best personal injury firms in Texas – but of course there is no concrete way to prove who the best is. Our firm prides ourselves on our relationship with clients and legal experience to get the best possible outcome for your legal claim. So how do you go about finding the best personal injury lawyers in Texas?

We recommend using the internet and recommendations from those you trust when choosing an injury attorney. There are so many lawyers to choose from and you must make sure the attorney you hire is a good fit and has a track record of success. The Anderson Law Firm recommends the following sites to find a reputable attorney and find lawyer reviews:

• avvo.com
• hg.com
• nolo.com

What do past clients say about the Anderson Law Firm?

Go to our website and read the testimonials from our past clients and see for yourself. The attorneys at the Anderson Law Firm have more than 40 years of combined experience in personal injury law. They are dedicated to the success of your case and getting you back to where you were before the accident. If you want to see if we're a good fit for your personal injury case, schedule a free case consultation with one of our lawyers.

March 6, 2012

Can I bring an injury claim even if there is no police report prepared?

No car accident in Dallas or Fort Worth is the same. Usually what will happen immediately after an accident is an exchange of information, a police officer might be called, injuries are tended to and the scene is eventually cleared. Usually days after your accident a crash report will be prepared that you can pick up from the police station and use as evidence in your personal injury or insurance claim. But what happens if a crash report is never written or if a police officer didn't respond to your accident? Can you still file a personal injury claim?

The short answer is that yes – even without a crash report you can still bring a personal injury claim. Although the accident report is a great thing to have in your possession, it is not the only piece of evidence that counts in your injury claim.

The website for my Fort Worth personal injury law firm has an article with more information on this matter, including some great tips on what to do immediately after your wreck.

If you're wondering how to go about getting your crash report, don't – the Anderson Law Firm will pick it up for you. As a service to accident victims, the Anderson Law Firm will get your accident report free of charge if your wreck took place in Tarrant County. Just call 817-294-1900 give us some information about your Tarrant County wreck and we will send you the crash report as soon as it's in our possession – for absolutely no cost.

Accident reports are great to have, but they are not the end-all be-all in your injury case. Contact the Anderson Law Firm if you have more legal or personal injury questions.