Texas Good Samaritan Law Explained Question: If you injure someone while rendering emergency aid to them; are you legally liable for that injury? This is the question answered by the Texas Good Samaritan Law. One question that comes up is what happens if I break someone’s ribs while rendering CPR? Am I liable for those broken ribs? Mark Wham addresses this in the video and article below. Wham and Rogers, PLLC – Board Certified Personal Injury Lawyers in The Woodlands and Spring, Tx (832) 592-1108. Am I Liable? If you witness an injury accident, can you render aid without the risk of being sued? If you perform CPR and you accidentally break the injured person’s ribs during the process, are you legally responsible for that injury? The Texas Good Samaritan Law protects citizens who render aid to another person during an emergency. CIVIL PRACTICE AND REMEDIES CODE, TITLE 4., CHAPTER 74. MEDICAL LIABILITY, SUBCHAPTER D –http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.74.htm Sec. 74.151. LIABILITY FOR EMERGENCY CARE. (a) A person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly negligent, including a person who: (1) administers emergency care using an automated external defibrillator; or (2) administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.095, Government Code. What Does the Good Samaritan Law Promote? This law promotes the Texas public policy of encouraging Texans to help our fellow citizens when they are in need […]
Author: Rene Rogers
The Texas Good Samaritan Law Explained
Questions To Ask Your Personal Injury Lawyer
Three Questions you should ask your personal injury attorney. Have you been a victim of a wrongful death case, hurt in a job-site accident, 18-wheeler accident, or some kind of personal injury that was not your fault? The Board Certified Personal Injury Lawyers at Wham & Rogers, PLLC can help (832) 592-1108. Trial Lawyers in The Woodlands and Spring, Tx. Free Consultation (832) 592-1108 If you have been seriously injured and you’d like to hire a personal injury lawyer, there are a few questions that you should ask. Who will actually be handling your claim? Many times clients hire an experienced attorney at a large firm and then find out that a less experienced attorney in the firm will actually be handling their case. Is your attorney board certified? Did you know that fewer than 3% of Texas lawyers are Board Certified in Personal Injury Trial Law? Mark Wham is a Board Certified Personal Injury Trial Lawyer and Rene Rogers has been rated AV-Preeminent for more than 20 years. It is a fact that Board Certification in Texas requires years of specialized experience, success in the court room, and passing a rigorous test that is not taken by most other lawyers. Board Certified lawyers must also be endorsed by certain judges and other trial attorneys. How much experience does your lawyer have? You should find out how much experience your lawyer has handling cases like yours. The combination of years of experience and a strong track record of success can give you comfort that you have […]
Avoid these Mistakes when Dealing With Insurance Claims Adjusters
After a catastrophic accident or injury, you may find yourself talking to an insurance claims adjuster. Here are a few tips to remember when dealing with insurance adjusters. Avoid these mistakes. Wham and Rogers, PLLC – Accident / Injury Law Firm (832) 592-1108. Insurance Adjusters – Not on your side… You should remember that the insurance adjuster is not actually in your corner during this period. This scenario is common in car accident cases where you are not at fault. Sometimes an adjuster will inform you that the insurance company is “accepting responsibility” for the accident or injury. However, that does not mean that they will pay you the fair amount for your claim. The insurance adjuster gets paid to resolve claims for as little money as possible. They work for the insurance company, not for you. Don’t Lose Your Temper Talking to insurance claims adjusters can be very frustrating. Remember that getting angry or making threats towards the adjuster is not advised. This may actually be counterproductive to your case. Provide Detailed Info On Your Claim You should provide prompt, detailed information regarding your claim. Information about your injuries, medical records, and medical bills are essential in documenting the value of your claim. Do Not Rely on Verbal Representations Do not rely on the insurance claim adjuster’s verbal representations. Some insurance adjusters may be trained to string claims along until the legal statute of limitations has expired, thereby preventing any recovery. Once this happens, the insurance company will not pay anything on your claim. […]
What If My Child Is Injured At Day Care?
What if my child is injured at day care? We entrust our children to day care facilities expecting them to be kept safe while we are at work. But what happens when our child is injured or involved in an accident at a child care facility? Wham and Rogers, PLLC – Personal Injury Attorneys (832) 592-1108. Houston Day Care Injury Attorneys There are nearly 11 million children enrolled in child care programs each year in the U.S. The number of children that are injured each year at day care centers is actually quite alarming. Day Car Injury Factors Choke hazards Unsafe cribs, cots, and beds Unsafe playground facilities Improper maintenance & cleaning practices Improper use of child safety gates If your child is injured at a day care center, you should document exactly what happened. Be sure to make careful notes documenting all communications with the facility. Take adequate photos to document the injury and possibly the cause of the injury. Many times, the parents become important damages witnesses in a child injury lawsuit. Therefore you should keep notes of your child’s symptoms throughout the injury and recovery period. Need A Child Injury Lawyer? Call our office for a free consultation at (832) 592-1108. We are Board Certified trial attorneys serving Texas, Harris County, and Montgomery County. Our principle office is located in The Woodlands and Spring, Tx. Similar Articles from Wham & Rogers, PLLC My child was injured on a school bus Traumatic brain injury lawyer How much is my injury case worth?
Car Accident: What To Do When It Is Not Your Fault
Nobody ever plans on getting into a car accident. This can leave us confused and unprepared when it happens. Here are three things you should do if you are ever in a car accident that is not your fault. Wham and Rogers, PLLC – Texas Injury Attorneys (832) 592-1108. Video Summary – Car Accidents Call the police. You should exchange information with the other driver, but it is also important to get a police report, which documents the time and location of the collision. It documents the parties involved and provides an official explanation of how the accident occurred. Get a medical examination as soon as possible. After a serious collision, crash victims may report feeling dazed or fatigued. This can cause them to go straight home and lie down. However, prompt medical attention can rule out a serious concussion or other life-threatening injuries that you may be unaware of immediately after the accident. It’s also important to document any injuries as soon as possible after the collision. Remember that you don’t have to give an immediate recorded statement to the claims adjuster. You are entitled to have the insurance adjuster contact your attorney to arrange for a recorded statement. This will allow you some time to prepare to recount the situation accurately. Car Accident Attorney Call our office for a free consultation at (832) 592-1108. We are Board Certified car accident lawyers serving the Houston Area.
Do I Need Uninsured Motorist Coverage in Texas?
Getting hit by an uninsured driver can be traumatic and impose a huge financial burden on you and your family. Uninsured Motorist Coverage can help protect you. Wham and Rogers, PLLC – Texas Injury Attorneys (832) 592-1108. In this video Mark Wham, car accident attorney in the The Woodlands and Spring, Tx, talks about why you may want to consider purchasing uninsured motorist coverage in Texas. Uninsured Texas Drivers Nearly 1/3 of the drivers on Texas roadways do not have valid auto insurance. Many drivers purchase an insurance policy, just so they can get a certificate of insurance, and then stop making the payments. This causes their coverage to lapse. If you get hit by a driver with invalid coverage, then you will wish you had uninsured motorist coverage. Hit & Run Drivers – Flee the Scene When a hit & run driver flees the scene of a collision, it may be impossible to identify who the at fault driver is. Suddenly you find yourself in a situation where there is zero insurance money to be collected for your injuries because (a) you can’t identify the other driver, and (b) you don’t have uninsured motorist coverage. Uninsured Motorist Coverage is Recommended in Texas You can see from the scenarios above exactly why the personal injury attorneys at Wham & Rogers, PLLCrecommend that you purchase uninsured motorist coverage. Uninsured motorist insurance coverage protects you when an uninsured driver injures you or your family. Many people don’t realize that uninsured coverage also applies to a bicycle rider or pedestrian […]
What If My Child Is Injured In A School Bus Accident?
Accidents involving school buses and multi-passenger transport vans have been featured in the news lately. Alcohol is often a factor, and the prevalence of electronic devices has also increased the amount of distracted drivers on the road. What do I do if my child is injured in a school bus accident? Wham and Rogers, PLLC – Texas Injury Attorneys (832) 592-1108 discuss in this video. Houston Bus Attorneys Each day, during the school year, 23 million children ride the bus to school. The law requires the use of seat belts in passenger vehicles, but most school buses do not have any sort of safety restraint system. Children can suffer serious injuries in a bus crash. Side impact collisions can be particularly dangerous in school buses. Under Texas Personal Injury law, recovery is allowed for medical expenses, pain and suffering, disability, and physical impairment. Texas Injury Law Firm Call our office for a free consultation with a personal injury lawyer at (832) 592-1108. We are Board Certified trial attorneys serving Harris County and Montgomery County.
How Much Is My Personal Injury Case Worth?
Many of our clients ask how much their injury is worth in terms of monetary damages. The answer to that question can depend on several factors. We discuss these in this video post. Wham and Rogers, PLLC – Texas Injury Attorneys (832) 592-1108. Who Is Liable for the Injury? Sometimes the value of your case may depend upon how “questionable” or in-doubt liability for the injury is. For example, an auto collision at an intersection, that took place in front of zero eye-witnesses, may not have a clear at-fault party. If the other driver denies being at fault, and there is no evidence proving who was at fault, then any settlement value may be diminished by just how difficult it would be for you to “win” the case if it goes to trial. Compare this to an auto collision where the other driver is clearly at fault. That Defendant is likely to settle for a much higher value. There are other liability factors that can also increase the value of your claim. One example might be if the Defendant was also cited for DWI at the scene of the accident. That would likely increase the value of any settlement. Other Factors Affecting the Value of an Injury Claim The amount of necessary medical treatment as a result of the injury The amount of lost wages caused by the injury Pain and suffering caused by the injury Disfigurement or permanent disability caused by the injury / Defendant Additionally, the ability of the Defendant to pay […]
Brain Injuries Are Much More Common Than You Might Think
Brain Injuries Are Much More Common Than You Might Think The link between football and Chronic Traumatic Encephalopathy (CTE) – recently admitted to by the NFL – has been has been well established for years, and a prevalent topic in the media of late. Many football players suffer hundreds or even thousands of concussions and sub-concussions by the time they conclude their professional careers. That professional football players are extremely likely to develop brain disorders (with estimates as high as 97% in all positions excepting kickers) is thus somewhat unsurprising, and the sheer number of concussions they receive might make it seem unlikely that just one or even a few concussions could cause serious brain injury. Even One Concussion Can Cause Devastating Brain Dysfunction It is true that a single concussion is unlikely to cause any long-term problems. In fact, numerous studies have shown that around 80-90% of people who suffer a concussion will have no post-concussive symptoms three months later. Studies led by the Centers for Disease Control, the National Institutes of Health, the World Health Organization, and many others demonstrate, however, that the other 10-20% who suffer even one concussion will have devastating symptoms out to six months, one year, and beyond. Some studies have found that there are Vietnam veterans continuing to suffer from concussions they sustained in their service to this day. These post-concussive symptoms can include impairments in memory and cognitive functioning, as well as personality changes and severe anxiety and depression. Studies have also […]
Head-On Crash in Montgomery County Kills 4 – Wham & Rogers PLLC
The Houston Chronicle reported that a head-on collision on April 19, 2016 killed four and seriously injured four others. The collision occurred on FM 3083 in Montgomery County, when a Toyota Tundra Pickup allegedly crossed into the oncoming lane in a no-passing zone, striking a Chevy Tahoe SUV head-on. The Toyota Tundra caught fire shortly after a child was pulled from the vehicle, but two adult passengers were not reached in time to be saved. Of the passengers in the Chevy Tahoe, three survived and were taken to local hospitals. The four survivors of the crash – all of whom are reported to be children – remain in critical condition. Texas DPS spokesman Erik Burse was right to note that this was a “preventable” collision. Tragic crashes such as this, however, are all too common in Texas. The Texas Department of Transportation reports that 581 people were killed in head-on collisions in Texas in 2014 (the last year that data was available), while 3,534 were killed and 237,941 were injured out of all motor vehicle crashes. Of those 3,534 fatalities, 53 were in Montgomery County and 418 were in Harris County. The total estimated economic loss for all motor vehicle crashes in Texas that year was an astonishing $28,800,000,000. Most of us are well aware that motor vehicle crashes are common in Texas, and often lead to debilitating injuries, enormous economic loss, and tragic deaths. A significant number of these crashes, like this latest collision in Montgomery County, might be […]