The post <strong>9-Year-Old Killed By Street Racers</strong> appeared first on Abraham, Watkins, Nichols, Agosto, Aziz & Stogner.
]]>Not long ago, a man named Ricky Jackson was charged with racing on a highway that led to 9-year-old Olivia Mendez being killed. Jackson was racing his orange Dodge Challenger and going well over the speed limit when he ran into Mendez’s family vehicle, causing 9-year-old Olivia Mendez to be ejected. It was later reported by the police that Jackson had been racing two others on a public highway. Jackson was sentenced to 13 years in prison. This situation could have been avoided if those privileged enough to drive on Texas roads adhered to the laws governing them.
Street racing is inherently dangerous and illegal. This is due to the fact that people are frequently injured or killed when street racing or by those who are street racing.
If you or a loved one has been injured or killed under the same or similar circumstances, call the law firm of Abraham Watkins today. It is imperative that you find a law firm to manage your claim as soon as possible following an injury or death of a family member. Further, it is important to find a skilled law firm with experience handling these cases to ensure that the responsible parties are held fully accountable.
The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the oldest personal injury firm in Texas, and our attorneys are standing by to assist with your claim. Call us today at 713-222-7211 and 1-800-870-9584 for your free consultation.
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]]>The post Driver Dead and Several Injured After Vehicle Crashes into Texas Emergency Room appeared first on Abraham, Watkins, Nichols, Agosto, Aziz & Stogner.
]]>On Tuesday, February 13, 2024, a vehicle crashed into the emergency room waiting area of St. David’s North Austin Medical Center. The vehicle struck a large aquarium tank in the lobby, which investigators believe absorbed some of the resulting impact and helped save lives. Investigators did not share details about the speed of the vehicle. However, they did find that the vehicle wheels were still spinning, and that the vehicle was still in “drive” after crashing into the lobby.
The driver was extricated from the vehicle and given CPR before dying at the scene. Three adults and two juveniles were injured as a result of the crash. At least two of the injured survivors were hospitalized in critical condition. Investigators stated that they do not believe this was an intentional act, nor was there any indication that the driver was suffering from a medical episode at the time of the incident. Investigation of the crash is still ongoing. The property damage to the building was minor, and the hospital has resumed operations since the incident.
For over 70 years, Abraham Watkins has successfully represented injured people and families who fall victim to catastrophes. Our attorneys have the knowledge, experience and resources necessary to obtain just compensation for our clients. If you or someone you know has been injured or killed as the result of a reckless, negligent, or drunk driver, it is important to understand your right to recover. Call us today at 713-222-7211 or 1-800-870-9584 for your free consultation.
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]]>The post Understanding Personal Injury and Wrongful Death Claims When Workers’ Compensation is Involved appeared first on Abraham, Watkins, Nichols, Agosto, Aziz & Stogner.
]]>Losing a loved one or suffering a catastrophic injury from a workplace accident is a devastating experience that can result in tremendous losses. In addition to suffering physically and emotionally, you and your family may find yourselves in a precarious financial situation due to incurring significant medical, funeral, and/or burial expenses, as well as loss of income from being unable to work. To make matters worse, claims involving workplace injuries or death are often complex and challenging to navigate, particularly when workers’ compensation is involved. Understanding when a personal injury or wrongful death claim can be pursued against an employer or third-party alongside workers’ compensation requires a nuanced examination of legal principles and specific case scenarios.
Workers’ Compensation Basics
In cases where an employee is injured on the job, workers’ compensation generally provides benefits to cover the injured worker’s medical expenses and wages from being unable to work. In cases where an employee is fatally injured on the job, workers’ compensation generally provides benefits to the decedent’s dependents to cover funeral expenses and provide some financial support to the surviving family members. Unfortunately, in exchange for providing these benefits, employees and their families typically relinquish their rights to sue the employer for negligent acts that may have caused or contributed to the injury or death of the employee. Essentially, this means that when workers compensation benefits are paid as a result of a work-related injury or death, a civil lawsuit under most circumstances cannot effectively be pursued against the employer.
Exceptions to Workers’ Compensation Exclusivity Rule
While workers’ compensation laws generally shield employers from civil lawsuits related to workplace injuries or death, there are exceptions under which an employee or their family may pursue a personal injury or wrongful death claims against the employer.
One exception to the general rule is the employee’s right to retain his or her common law remedies, including personal injury and wrongful death claims, in lieu of receiving workers compensation benefits. This must generally be done in writing within five days after the employee is hired or the date the employer obtains workers’ compensation insurance coverage for the employee. Second, regardless of whether workers’ compensation benefits are paid, an employer can be sued if their conduct was grossly negligent, and such gross negligence caused or contributed to the death of an employee. Gross negligence typically involves the employer’s reckless disregard for their employees’ safety, such as willfully ignoring safety regulations or failing to address known hazards. Last, if a third party, such as a negligent contractor who does not work directly for the employer or manufacturer of a defective product, causes or contributes to an employee’s injury or death, the injured party or their family may be able file a personal injury work wrongful death claim against that third party while still receiving workers’ compensation benefits from their employer.
Personal Injury & Wrongful Death Claims
Unlike workers’ compensation benefits, personal injury and wrongful death claims seek to recover additional damages beyond what workers’ compensation provides, such as compensation for pain and suffering, emotional distress, loss of companionship, and punitive damages, among other damages. Proving a personal injury or wrongful death claim due to the negligence of an employer or third party can be challenging and requires thorough investigation and legal expertise. As a result, it is important to consult with an experienced attorney who specializes in workplace injury cases to understand your options and be able to pursue the justice and compensation they deserve.
If you or someone you know has suffered a workplace injury or fatality, call the law firm of Abraham Watkins today. At the law firm of Abraham, Watkins, Nichols, Agosto, Aziz, & Stogner, we have successfully represented many injured individuals and families who have lost loved ones due to the negligent and careless acts of their employers and third parties. Abraham Watkins is the longest-standing personal injury firm in Texas, and our attorneys have the knowledge, experience, and resources necessary to obtain just compensation for our clients. Call us today at 713-222-7211 or 1-800-870-9584 for your free in person or virtual consultation.
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]]>The post <strong>Over 270 Hazardous Chemical Incidents Have Occurred in the United States</strong> appeared first on Abraham, Watkins, Nichols, Agosto, Aziz & Stogner.
]]>Working in the petrochemical industry poses various dangers to workers due to the hazardous nature of the materials and processes involved. One of the primary risks is exposure to toxic chemicals, which can lead to serious health issues such as respiratory problems, skin irritation, and even long-term illnesses like cancer. Additionally, the potential for fires, explosions, and other accidents is a constant concern in petrochemical facilities, putting workers at risk of severe injuries or fatalities. When high-pressure and high-temperature equipment malfunctions, it can further increase the likelihood of severe chemical incidents.
Since the beginning of 2021, there have been over 825 hazardous chemical incidents. This includes fires, explosions, and harmful chemical releases, according to the Coalition to Prevent Chemical Release. According to the Federal Policy Director of Coming Clean, “preventable chemical incidents are happening far too often across the country” and “communities shouldn’t have to leave their homes, shelter in place, or worry for the safety of their air and water because chemicals plants can’t contain their toxic chemicals.”
During the same period at least 42 people have lost their lives in the immediate aftermath of chemical incidents. At least 150 people were injured or hospitalized. According to Michele Roberts the National Coordinator of the EJHA (Environmental Justice and Health Alliance), “it is inexcusable that hazardous facilities are permitted to harm communities of color and low-income communities so disproportionately.”
If you or someone you love has suffered injuries or the loss of a family member due to a chemical release, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-222-7211 or call toll-free at 1-800-870-9584.
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]]>The post <strong><u>Understanding Premises Liability: Your Guide to Responsibilities and Rights</u></strong> appeared first on Abraham, Watkins, Nichols, Agosto, Aziz & Stogner.
]]>Premises liability is a legal concept that holds property owners and occupiers responsible for accidents and injuries that occur on their property. Whether it’s a slip and fall in a grocery store or a dog bite at a neighbor’s house, premises liability laws dictate who is responsible for compensating injured individuals. Understanding this concept is crucial for both property owners and visitors alike.
Property owners have a legal duty to maintain their premises in a reasonably safe condition. This includes addressing potential hazards such as wet floors, broken stairs, inadequate lighting, and dangerous animals. Failure to fulfill this duty may result in liability if someone is injured as a result of the unsafe condition. However, the level of care required varies depending on the legal status of the visitor.
Visitors are typically categorized as invitees, licensees, or trespassers, each with different levels of legal protection. Invitees are individuals who are invited onto the property for the benefit of the property owner, such as customers in a store. Licensees are individuals who have permission to be on the property but are there for their own purposes, such as social guests. Trespassers enter the property without permission.
While property owners owe the highest duty of care to invitees, they still have responsibilities towards licensees and, in some cases, even trespassers. For example, they must warn of known dangers that licensees and trespassers are unlikely to discover on their own.
Understanding premises liability helps protect the safety and rights of both property owners and visitors. By knowing their responsibilities and rights, individuals can navigate potential hazards more effectively and seek appropriate compensation if they are injured on someone else’s property. Whether you own property or simply visit establishments regularly, being informed about premises liability is essential for promoting safety and accountability.
If you or someone you know has been injured in an accident, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-222-7211 or toll free at 1-800-870-9584. Abraham Watkins offers a free consultation to anyone wishing to pursue a claim for such injuries or fatalities.
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]]>The post <strong>Report Finds Severe and Fatal Crashes Occur at a Higher Rate in West Texas</strong> appeared first on Abraham, Watkins, Nichols, Agosto, Aziz & Stogner.
]]>A report commissioned by the Permian Road Safety Coalition and released by Texas A&M Transportation Institute revealed that severe and fatal crashes occur at a higher rate in the Permian Basin than the rest of Texas.[1] The report reveals an impacting statistic that accidents that occurred in the Permian Basin were twice as likely to be fatal.
Although the Permian Basin is a rural and not highly populated area, it is a heavily traveled area with high-speed traffic. The report further reveals that commercial motor vehicles accounted for nearly half of the crashes in the Permian Basin that resulted in fatalities.
At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, we understand the devasting impact severe and fatal vehicle crashes can cause for individuals and their families. When a severe or fatal driving accident occurs, it is imperative that you seek legal representation. At Abraham Watkins, we make sure that we hold those responsible accountable and fight for the compensation the clients need and deserve.
If you or someone you know has been injured as a result of the negligence of others, it is important to find a skilled law firm to handle your claim. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the oldest personal injury firm in Texas, and our attorneys can assist you with your claim. Call us today at 713-222-7211 or toll free at 1-800-870-9584.
[1] Ramos, Carlos Nogueras. “Driving in West Texas Is Deadly Dangerous. A New Report Measures How Much.” The Texas Tribune, The Texas Tribune, 15 Feb. 2024, www.texastribune.org/2024/02/14/west-texas-fatal-car-accidents/.
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]]>The post TESLA RECALLS NEARLY ALL VEHICLES SOLD IN THE U.S.A. appeared first on Abraham, Watkins, Nichols, Agosto, Aziz & Stogner.
]]>Tesla is recalling almost all of its vehicles sold in the United States because some of its warning lights are in too small of a font, which increases risk for accidents. According to the National Highway Traffic Safety Administration (NHTSA), the vehicles were displaying an incorrect font size on the instrument panel for brake, park, and antilock brake system warning lights and were not in compliance with federal safety requirements.
Nearly 2.2 million vehicles are affected, including the following models: (1) 2024 Cybertruck; (2) 2017-23 Model 3; (3) 2012-23 Model S; (4) 2016-24 Model X; and (5) 2019-24 Model Y. Tesla began releasing a software update on January 23, 2024, that will increase the size of the warnings.
This recall falls on the steps of a December 2023 recall in which 2.03 million Tesla vehicles were recalled to add safeguards designed to address issues related to its autopilot software after a NHTSA investigation found that controls on Tesla’s autosteer software were not sufficient to prevent driver misuse.
More recalls for Tesla could be on the horizon. A recent report from Reuters indicated that NHTSA is conducting an engineering analysis related to power steering loss in Tesla vehicles. 334,000 2023 Model Y and Model 3 vehicles are involved in that investigation.
If you or someone you know has been injured as the result of a recalled Tesla vehicle, please contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-222-7211 or toll free at 1 800-870-9584.
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]]>The post Navigating Insurance Coverage After An Intentional Act: Understanding Your Options appeared first on Abraham, Watkins, Nichols, Agosto, Aziz & Stogner.
]]>From time to time, situations arise where individuals sustain injuries due to intentional actions, such as assaults or road rage incidents. In such cases, questions regarding insurance coverage often arise, depending on various factors such as the type of coverage and the role of the parties involved.
Every auto insurance policy includes liability coverage, which typically applies when an insured individual causes a car accident resulting in injury or property damage. However, most liability policies contain exclusions for intentional acts committed by the insured. For instance, if someone deliberately runs over another person with their car following an argument, not only might this be a criminal offense, but the insurance company could deny coverage for any resulting injuries due to the intentional nature of the act. Consequently, the insured individual would be left without the support of their insurance provider in handling the claim or defending against the legal actions brough by the injured party.
If you find yourself as the victim of an intentional act, certain coverages under your own policy may still apply such as Personal Injury Protection (PIP) and Uninsured/Underinsured Motorist Coverage (UM/UIM). PIP, often known as “No-fault insurance,” offers coverage regardless of fault, while UM/UIM comes into play when the at-fault party lacks insurance or their policy does not provide adequate coverage to cover your damages.
In summary, if you find yourself injured as a result of an intentional act, the only potential insurance coverage may come from your own policy. This is why it’s crucial to consult with your insurance agent to ensure you have adequate PIP and/or UM/UIM coverage.
If you or someone you love has been injured as a result of someone else’s acts, contact an experienced attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-222-7211 or 1-800-870-9584 for your free consultation. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the longest standing personal injury firm in Texas, and our attorneys are standing by to assist with your claim.
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]]>The post The Value of a Free Consultation appeared first on Abraham, Watkins, Nichols, Agosto, Aziz & Stogner.
]]>Legal counsel is necessary for those who want to hold others accountable, understand their options in pursuing legal action, and maximize their compensation. Unfortunately, some individuals might not understand the value of a free initial consultation when choosing legal representation.
Protect Your Interests
A free initial consultation with a personal injury attorney can provide clarity about whether you have a case worth pursuing, and whether the attorney and firm is the right fit for you. It is important to have a thorough understanding of the information you need to make a wise decision about your potential for recovery.
Be prepared to share evidence to support your claim, including pictures, police reports and applicable medical records. Your injury is unique to you, and understanding the incident and injury is the best way for the attorney to provide their insight into your options.
Find Out How Payment Works
Meeting with a lawyer can also help you understand how a contingency plan works. Essentially, you do not pay anything until monetary damages are recovered on your behalf.
You can also learn about what percentage of your potential settlement or judgement the firm will charge for representation, and the services you can expect to receive in exchange. You will also have an opportunity to understand other costs and expenses that can be deducted from your recovery.
Evaluate Your Comfort Level
Attorney-client privilege is merely one consideration of your legal working relationship. Before you retain counsel, ask questions about experience, previous results, communication preferences, all while getting a feeling for how comfortable you would be taking steps toward accountability together.
Navigating the legal system can take time. When another person’s negligence results in an injury, you have the right to take legal action with representation you can trust. Texas laws only allow up to two years to file a claim for personal injury, so time is of the essence.
Meet with one of the friendly attorneys at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-222-7211 or toll free at 1‑800-870-9584. We will review your case for free and help you seek compensation for your injuries. You can also make an appointment for a free consultation on our website at www.abrahamwatkins.com.
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]]>The post Who Qualifies for Compensation Under the Jones Act? appeared first on Abraham, Watkins, Nichols, Agosto, Aziz & Stogner.
]]>Importantly, the Act can apply to a “fleet” of vessels under common ownership or control. This means that even if a worker spends their time on multiple vessels, they may still qualify as a seaman if the vessels they work on belong to the same entity.
The Merchant Marine Act primarily protects those who perform work directly on or in support of a vessel. Workers whose duties are primarily land-based, even if employed by a maritime company, typically don’t qualify. For example, office workers, shipyard workers before a vessel is launched, or dockworkers loading and unloading cargo are generally not considered seamen.
Workers assigned to permanently fixed offshore structures, such as oil rigs anchored to the seabed, often do not fall under the Act. Courts analyze these cases on an individual basis, considering factors like whether the platform is capable of movement or primarily acts as a work station.
The Merchant Marine Act primarily focuses on the employer-employee relationship. Independent contractors who are not directly employed by a vessel owner or operator might not qualify as seamen.
The Act is designed to protect American maritime workers. Foreign workers injured on foreign vessels in international waters aren’t usually covered by this legislation.
Get appropriate medical care immediately and document your injuries thoroughly.
Inform your employer about the accident as soon as possible. Follow your company’s reporting procedures and keep records of your report.
An experienced lawyer specializing in maritime law can protect your rights. They’ll help you understand the legal process, gather evidence, establish your seaman status, prove negligence, and maximize the compensation you may be entitled to.
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