Blogs

Tag: personal injury

Drunk Driving Facts

By Feb 5, 2019 Posted in Legal Issues

  Drunk Driving Facts Driving drunk impairs the driver’s judgment, vision, and reaction time.  The statistics compiled by the National Highway Traffic Safety Association (NHTSA) tell the story of just how dangerous drunk driving is: Nearly 30 per cent of all traffic fatalities in the U.S. involve drunk driving. In 2017, drunk driving took  the lives of 10,874 Americans—one death  every 49 minutes.  And one of us is injured as a result of drunk driving every 2 minutes. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812630 What do we know about drunk drivers?  On average, a driver drives drunk 80 times before before their first arrest for drunk driving. https://www.dosomething.org/us/facts/11-facts-about-driving-under-influence Statistics show that between 50% to 75% of drivers whose licenses have been suspended for drunk driving continue to drive on a suspended license. https://www.madd.org/statistics/  Texas law—legal remedies for victims of drunk driving  A driver who drives while intoxicated and causes an injury is liable for negligence.  In addition, the driver may be liable for gross negligence and exemplary damages. Under Texas law, gross negligence requires a showing that the driver’s conduct, when viewed objectively from the standpoint of the driver, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others and that the driver had actual, subjective awareness of the risk involved, but nevertheless proceed in conscious indifference to the rights, safety, or welfare of others on the road. Transp. Ins. Co. v. Moriel, 879 S.W.2d 10, 23 (Tex. 1994).   Montgomery County leads Texas in driving under the influence fatalities […]

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ON THE JOB INJURIES—TWO CRITICALLY IMPORTANT QUESTIONS

By Jan 27, 2019 Posted in Personal Injury

ON THE JOB INJURIES—TWO CRITICALLY IMPORTANT QUESTIONS If you or a loved one is seriously injured or killed while on the job, there are two critically important questions that need to be answered: Was the employer a subscriber to Workers Compensation Coverage; and Was the injury caused by someone other than the employer or a co-worker? What is a “Non-subscriber?” Under Texas law, if an employer subscribes to Workers Compensation Coverage, the injury claim is subject to a very strict set of rules, and the potentially recoverable damages are strictly limited by statute.  However, if the employer does not provide Workers Compensation Coverage for its employees, the employer is considered to be a Non-subscriber, and a very different set of rules applies, and a completely different measure of recoverable damages is available. Why does “Non-subscriber” status make a difference?  Instead of being limited to recovery of medical expenses plus 70% of your average wages during the time you are unable to return to work, the potential damages recovery in a Non-subscriber claim is much higher.  https://www.tdi.texas.gov/wc/employer/cb007.html A Non-subscriber claim allows for the recovery of: 100% of your lost wages; future diminished earning capacity due to the injury; full damages for physical and cognitive impairment; loss of earning capacity in the future; pain and suffering. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm What is a “Third Party” claim? Even if an on the job injury claim is subject to the damages limitations of Workers a Compensation Coverage, your attorney should evaluate the potential for a “Third Party” […]

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Steps to follow if you are in an auto collision

By Jun 22, 2018 Posted in Insurance

Download In Case of Accident Brochure At the scene: • Make sure you are safe. If you are on the freeway, move to the shoulder if you can. Turn on your emergency flashers. • Unless the collision is extremely minor, call 911. • Do not admit fault or apologize. Simply ask if the other drivers and passengers are ok. • Do not say that you are uninjured. Due to the adrenaline, sometimes people do not realize they are injured until after they leave the scene. • The police officer will provide you with an information sheet with the insurance information for the other parties. • Get the names and contact information from witnesses. • If it’s safe to do so, take photographs of the vehicles and collision scene. If it’s not safe, or if you are taken by ambulance, take photos of the scene afterward or ask a friend to take photos. • If you are injured, allow the paramedics to examine you and if they recommend you go to the hospital, follow their recommendations. After the collision: • Seek medical treatment if you need it. Delays in seeking medical treatment will be held against you by the insurance companies. • Report the collision to the other driver’s insurance company and to your insurance company. • If you are injured, do not give a recorded statement without speaking with a lawyer. • If you are injured retain a lawyer as soon as possible to ensure your rights are protected. • […]

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Refinery Explosions

By May 19, 2018 Posted in Personal Injury

Unfortunately, the U.S. leads all other countries in refinery explosion deaths. For residents and plant workers located in Pasadena and Deer Park, the danger of plant explosions is a reality of life.  High temperatures, high pressure applications and caustic substances can be a recipe for serious injury or death. Although workers compensation rules can sometimes severely limit recoveries by injured workers, it is important to thoroughly investigate the issues of whether the explosion was caused by a defective product, or by the negligence of the employees of company other than the injured worker’s employer. These issues can make a huge difference in the injured worker’s recovery. For these reasons, it is important that the injured worker consult an experienced lawyer before signing any documents after being injured in a plant explosion. The attorneys at Wham & Rogers have experience handling plant explosion cases and have roots in the Pasadena area. Mark Wham is a graduate of Sam Rayburn High School and Rene Rogers attended Deer Park High School. Attorneys with Wham & Rogers  are available by appointment at 2600 South Shore Blvd Suite 300, League City, TX 77573.

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ChannelView Students Involved in Tragic Bus Crash

By Mar 15, 2018 Posted in Child Protection Issues

Shortly before dawn on Tuesday morning, a First Class Tours, Inc. bus carrying Channelview band students was involved in a tragic bus crash. The bus crashed into a 50 foot ravine in Baldwin County, Alabama.  The students were traveling home to Channelview from a trip to Disney World in Florida. The driver was killed, and dozens of students were injured. This type of crash often causes traumatic brain injuries, as well as orthopedic injuries. By all accounts, this was a one-vehicle collision.  The most common causes of this type of bus crash are driver fatigue and vehicle equipment failure. Federal and state law have strict requirements for interstate drivers of commercial vehicles.   Despite these rules, which limit hours behind the wheel, and require scheduled rest breaks, a crash study by the  Department of Transportation study found that, in collisions where the truck was at fault, 87 per cent were caused by driver fatigue.  Many of these collisions occur between midnight and 6 a.m. — the time of day when drivers are naturally drowsy. Federal and state laws also require regular maintenance and daily inspection of commercial vehicles.  Equipment failure, such as brakes that are dangerously worn or out of adjustment, often cause fatal collisions.  It is the driver’s responsibility to check his rig at the beginning of every trip, and to submit a vehicle maintenance report.  In spite of these requirements, poor vehicle maintenance is also a major cause of truck and bus collisions.  The tour company’s online safety record […]

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Mild traumatic brain injury and post-concussion syndrome

By Mar 8, 2018 Posted in Personal Injury

One-third of all concussions are missed in emergency room examinations If you were “dazed” or “confused” following an accident, and are suffering from symptoms such as fatigue, nausea, headaches, trouble sleeping, blurred vision or ringing in your ears, you may have suffered a concussion.   A mild traumatic brain injury is defined as a brief period of being “dazed or disoriented,” or a brief loss of consciousness.  Statistics show that 33% of concussions are missed in emergency room examinations.  One reason for this is that mild traumatic brain injury does NOT show up on a CT scan or an MRI.  Standard neuroimaging will identify large focal contusions or hemorrhage, but conventional CT and MRI testing does not identify diffuse axonal and vascular injury, both of which are major drivers of poor clinical outcome after traumatic brain injury. Sharp DJ, et al. Practical Neurology 2015;15:172–186. doi:10.1136/practneurol-2015-001087. Traumatic brain injury has been identified as a health epidemic Traumatic brain injury has been identified as a health epidemic by the World Health Organization and the United States Centers for Disease Control. Each year over a million American suffer concussions Each year in the U.S., 1,000,000 people suffer concussions; 300,000 of these result in serious, long term injuries.  Centers for Disease Control, Report to Congress on Mild Traumatic Brain Injury In the United States: Steps to Prevent a Serious Public Health Problem. Mild traumatic brain injury can have long-lasting symptoms A mild traumatic brain injury (TBI) can have serious and long-lasting symptoms, especially in persons […]

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Personal Injury Protection Coverage in Texas

By Jun 24, 2017 Posted in Insurance

Personal Injury Protection: How does PIP coverage in Texas compare to MedPay Coverage? Which is better? In this video, The Woodlands and Spring, Tx Board Certified personal injury lawyer Mark Wham explains. Wham and Rogers, PLLC – (832) 592-1108.   Personal Injury Protection (PIP) and MedPay are two important types of auto insurance coverage. What Does PIP Cover? PIP covers the driver and all passengers in your car regardless of who is at fault in causing a collision. PIP generally covers reasonable and necessary medical bills. It also covers 80% of lost wages up to the limits of your specific PIP coverage. PIP payments are not subject to subrogation, which means that you can recover your PIP expenses (from the insurance company) and then recover those same expenses from the Defendant driver, without needing to reimburse your insurance carrier. What Does MedPay Cover? Medical Payments Coverage (MedPay) will cover your reasonable medical expenses up to your MedPay limits. However, MedPay does not provide any coverage for lost wages. Unlike PIP coverage, MedPay is subject to subrogation. In other words, if you receive MedPay insurance payments for your medical expenses, then you will have to reimburse your insurance company if those same medical expenses are awarded in your lawsuit settlement. This is why many attorneys will tell you that PIP coverage is actually more beneficial than MedPay coverage. Have You Been Injured? The Board Certified Personal Injury Lawyers at Wham & Rogers, PLLC are here to help. Call our office for a free consultation at (832) […]

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The Texas Good Samaritan Law Explained

By Jun 22, 2017 Posted in Legal Issues

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 […]

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Questions To Ask Your Personal Injury Lawyer

By Jun 21, 2017 Posted in Legal Issues

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 […]

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Avoid these Mistakes when Dealing With Insurance Claims Adjusters

By Jun 21, 2017 Posted in Insurance

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. […]

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Contact Us

1790 Hughes Landing Blvd., 400
The Woodlands, TX 77380
M-F: 09:00 am - 5:00 pm
Phone: (832) 592-1108

By Appointment in Spring:
24624 Interstate 45 North, Suite 200, Spring, TX 77386

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