Articles Tagged with Personal Injury

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Photo Credit: KRIS TV

(February 20, 2020 Aransas Pass, TX) A 2-year-old girl fell into a septic tank Wednesday evening of the 19th at the Paradise Lagoons RV Resort in Aransas Pass.  The child identified as Charleigh Nicole Nelson had been walking on the lid of the tank when she fell in.

Rescue attempts were made by both family and neighbors, but they were unsuccessful.  The Rockport and Fulton Volunteer Fire Departments along with Aransas Pass FD were called out but they were also unable to rescue the toddler.  The rescue turned into recovery by calling in the Ingleside Volunteer Fire Department who was able to reach the body by lowering a firefighter into a 2 foot wide hole with a specialized rope.  The tank itself was filled with over 2 feet of water in which the child had been submerged for over an hour.

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Texas personal injury victims must understand and follow the state’s statute of limitations to ensure that their claims are addressed. The statute of limitations provides plaintiffs with a strict time period within which they can bring their lawsuits. This mechanism serves to protect defendants by encouraging plaintiffs to diligently and expeditiously pursue their claims. The statute of limitations also increases the overall reliability of evidence, by limiting the amount of time witnesses have to recount their experiences and preserving fragile physical evidence.

In most cases, the statute of limitations begins when the incident giving rise to the lawsuit occurs. A claim does not have to be heard by that time, but rather, plaintiffs must file their cases within that time. Generally, under Texas law, assault and battery, false imprisonment, legal malpractice, medical malpractice, personal injury, property damage, product liability, trespass, and wrongful death claims must be filed within two years of the incident. The plaintiffs must file contract and fraud claims within four years and slander and libel claims within one year. However, each of these statutes of limitations has exceptions and nuances that may apply on a case-by-case basis.

There are two crucial exceptions to the Texas personal injury statute of limitations; the discovery rule, and tolling. Plaintiffs may be able to assert the discovery rule when their injuries cannot be linked to a specific date. For example, when a person suffers injuries as a result of toxic chemical exposure at their workplace, they may not be able to pinpoint the exact time of exposure. In these situations, the signs and symptoms associated with the incident may occur slowly, making it impossible for a plaintiff to know that they were injured within the statute of limitations. In these cases, the statute of limitations may not begin to run until the plaintiff becomes aware of their condition, or reasonably should have become aware of it. The tolling exception allows plaintiffs to extend the time period under specific situations. Some common examples of tolling occur when a prospective plaintiff is incompetent or during the time that they were a minor.

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(Corpus Christi, January 27, 2020) Two men were killed in an accident with a semi-truck on U.S. Highway 181 outside Normanna last week. The Texas Department of Public Safety identified the victims as Mark Wesley Swisher, 61, of Fort Worth, and William Charles Mego, 74, of Arlington, who were both were killed when their Dodge pickup truck was struck head-on by an 18-wheeler.

Both victims were pronounced dead at the accident scene about 9:56 a.m. on Wednesday the 22nd about a mile south of Normanna in Bee County.

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Photo: ABC7

(AMARILLO, Texas –  January 18, 2020)  Authorities said at least one person is dead after a wreck near I-27 and SE 34th Overpass in Amarillo at about 8:20 a.m. on Thursday January 16th.  A member of the Randall County Sheriff’s Office said 18-year-old Evelyn Jasmine Rios died on the scene from injuries sustained in the crash. 

Details given were that a 2001 Jeep Grand Cherokee, driven by Evelyn Jasmine Rios, of Amarillo, was headed westbound when she lost control of the Jeep, slid into oncoming traffic and hit a 2011 Mazda Tribute, driven by a 17-year-old male from Amarillo.  The 17-year-old was taken to the hospital with what was initially thought to be life-threatening injuries.

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Special Reporting:  Jesse E. Guerra Jr. Of Counsel attorney with Carabin Shaw PC

The recent decisions by Boeing to halt production of an obviously danger prone aircraft is a nice call to action in the world of safety. Often, it seems profits come before safety and it appears Boeing is attempting to put safety first in their decision despite the ripples that will no doubt be felt economically  worldwide by Boeing and the transportation industry.

Article New York Times – After Boeing Halts Max Production, Suppliers Wait for Fallout