Family First Coronavirus Response Act (FFCRA)

Paid leave rules in the Family First Coronavirus Response Act (FFCRA) will begin on April 1. Herrman & Herrman explains what that means for you:

• The FFCRA applies to any leave taken between that date and December 31 of this year. It is not retroactive to any date before April 1.
• There are 2 main benefits in the FFCRA: The Emergency Family Medical Leave Expansion Act (FMLA), and The Emergency Paid Sick Leave Act
• The FMLA Expansion and Emergency Paid Sick Leave Acts only apply to employers with fewer than 500 employees.
• There is an exemption for small businesses if providing paid sick leave for child care and expanded FMLA leave at a business with fewer than 50 employees would put the viability of the business at risk. To use this exemption, the employer would document why they meet the criteria. More details will be available soon on this subject.

FMLA Expansion (FFCRA Division C)

FMLA leave is available for eligible employees who take leave for a “qualifying need related to a public health emergency.” Essentially, the employee cannot work, either on location or from home, because they must care for a child who is under 18 because their school or daycare is not available because of the public health emergency.

An employee must have been employed at least 30 calendar days to be eligible, a change from the one year required before the FMLA expansion. It applies to companies with 50 or more employees, but under the FFCRA, FMLA paid leave applies to all employers unless they have an exemption. 

Example: Your child’s school or daycare is closed and you have been working for your employer for 31 calendar days. You are eligible for FMLA leave because of the Coronavirus pandemic.

The first 10 days of leave are unpaid. Afterward, the employer must pay two-thirds (⅔) of the employee’s normal rate of pay for the hours that employee either was or would have worked normally up to $200 per day or $10,000 total for the duration of the leave. Upon return, employers are required to bring the employee back to their original position, except for employers with fewer than 25 employees in some circumstances. For those employers, they may choose not to bring an employee back if the position no longer exists due to economic conditions caused by a public health emergency during said leave. However, the employer must still make efforts to re-hire the employee at an equivalent position.

An employer cannot require an employee to substitute any other kind of leave for FMLA leave. They may, however, allow the employee to use other types of paid leave with full pay in lieu of the 10 day unpaid portion of FMLA leave. Employees must, and should, give as much notice as possible if the reason for the leave is known in advance.

Emergency Paid Sick Leave (FFCRA Division E)

Employers must provide paid sick leave immediately, without a 10 day waiting period as provided in the FMLA Expansion, if the employee is unable to work either on location or from home because they:

1. Are subject to a quarantine or isolation order related to Coronavirus,
2. Have been told to self-quarantine by a health care provider related to Coronavirus,
3. Are experiencing symptoms of COVID-19, the illness caused by Coronavirus,
4. Are caring for someone subject to a quarantine or isolation order or someone who has been told to self-quarantine by a health care provider.
5. Are caring for their child if the child’s school or childcare has been closed or is otherwise unavailable because of Coronavirus.

Employees who work full-time are eligible for up to 80 hours of paid sick time. Part-time employees are eligible for paid sick time equal to their average number of hours worked during a two week period. Paid sick time is available immediately, regardless of how long the employee has been with the employer. Employers may not require the employee to use other types of leave provided by the employer before using Emergency Paid Sick Leave and may not deny leave given before the Act went into effect.

New Emergency Paid Sick Leave requirements go into effect April 1. The leave provided does not roll over from year to year and is not payable when the employee leaves their position. An employer may not discriminate or retaliate against an employee for using emergency sick leave, however they may require reasonable notice procedures to continue to receive paid sick leave.

If an employer fails to pay sick time under Emergency Sick Leave it is considered the same as failure to pay minimum wage under the Fair Labor Standards Act, which allows for damages up to twice the amount owed plus attorneys’ fees. (Subject to 30 day non-enforcement period).

All businesses covered by emergency paid sick leave must post this notice, no matter the size of the company. The notice may be emailed or directly mailed to employees, or posted on internal or external websites. It does not have to be shared with employees who have been laid-off.

Businesses with fewer than 50 employees can receive an exemption from required leave relating to school or child care if the requirement jeopardizes the viability of the business. More details from the Department of Labor are forthcoming.

Pay under FMLA and Emergency Paid Sick Leave Expansions

Employers are required to pay an employee based on the number of hours the employee would have been scheduled to work, whether full-time or part-time, even if it is more than 40 hours in a given week, however, may not exceed 80 hours in a two week period. If an employee takes 45 hours of paid sick leave one week, they must take 35 the following week. The total number of hours paid under emergency sick leave is 80. A part-time employee may take emergency sick leave for a number of hours equal to what the employee would have normally worked per day in a two week period. After that two-week period, they may take expanded family and medical leave for that same  number of hours per day for up to ten weeks.

If the employee taking sick leave is unable to work either on location or at home because they are subject to a quarantine (federal, local, or state) related to Coronavirus, have been advised to self-quarantine by a health care provider related to Coronavirus, or are experiencing COVID-19 symptoms (the illness caused by Coronavirus) and are seeking medical diagnoses, the employee will receive the greater of either their regular rate of pay or federal, state, or local minimum wage up to a maximum of $511 per day, or $5,110 over the entire 10 week period. 

If the employee is taking sick leave because they are caring for someone who is subject to a quarantine (federal, local, or state) related to Coronavirus, have been advised to self-quarantine by a health care provider related to Coronavirus, or are experiencing COVID-19 symptoms (the illness caused by Coronavirus) and are seeking medical diagnoses, the employee will be entitled to two-thirds (⅔) of the greater of either their regular rate of pay or federal, state, or local minimum wage up to $200 per day or $2,000 over the 10 week period.

An employee who is taking expanded FMLA leave may take paid sick leave, or may substitute vacation time, personal leave, or medical or sick time they have under their employer’s policy. They would be paid two-thirds (⅔) of their normal rate of pay for the following 10 weeks so long as the rate of pay is at or above federal, state, or local minimum wage. The employee will not receive more than $200 per day or $12,000 total for the 12 weeks of both paid sick leave and expanded FMLA leave when the employee is on leave to care for their child because of school or child care closures due to Coronavirus.

Using Both Emergency Paid Sick Leave and FMLA Leave

An employee might be able to use both types of leave for up to 12 weeks. They may take both to take care of their child whose school or child care is closed because of Coronavirus. The first 2 weeks are under Emergency paid Sick Leave, covering the first 10 work days of expanded FMLA leave (Normally unpaid). After the first two weeks, the employee would receive two-thirds (⅔) of their regular rate of pay over the next 10 weeks. An employee is only able to use the 10 weeks of expanded FMLA leave to care for a child whose school or child care has closed because of Coronavirus.

Employer Reimbursement for Payment to Employees

Tax credits against the employer’s excise tax will be allowed as provided by Division G. Employers will receive 100% reimbursement for paid leave under the FFCRA. Health insurance costs are included in the credit, and the employer will have no payroll tax liability. There will be an immediate equal 100% offset against payroll taxes. 

To take advantage of paid leave credits now, an employer can access funds that they would otherwise be used for payroll taxes. If that does not cover the cost of paid leave, employers can seek an expedited advance from the IRS by submitting a claim. Employers will still be required to withhold federal income (FICA) taxes from their employees’ paychecks. Employers must deposit the taxes with the IRS and file quarterly payroll tax returns.

Eligible employers who pay sick leave or child care leave can retain an amount of payroll taxes equal to the amount of qualifying sick and child care leave they have paid, rather than depositing payroll tax returns to the IRS. Taxes available for retention include FICA taxes, both the employee and employer share of Social Security and Medicare taxes.

If there are not sufficient funds from payroll taxes to cover the cost of sick and child care leave, employers can file an accelerated request for payment from the IRS. These requests should be processed in two weeks or less.

Example Scenarios

Example 1: If an employer paid $5,500 in sick leave and would deposit $10,000 in payroll taxes from employees, the employer could use $5,500 of the $10,000 to make leave payments and pay the remaining $4,500 to the IRS on their next regular deposit.

Example 2: If an employer paid $10,000 in sick leave and was required to submit $5,500 in taxes, the employer could use all $5,500 to pay leave payments and file an accelerated request for payment for the remaining $4,500.

Example 3 (Salaried Employee): An employee must take leave because their child’s school has been closed. If an employee earns $50,000 per year, they would receive $128.85 per day (two thirds their normal pay) beginning April 14. If the school is closed until May 29, the employer would pay the employe for 34 days, or a total of $4,380.90

Example 4 (Hourly Employee): An employee who makes $15 per hour and works 5 hours per day must take leave because their child’s school has been closed since March 19. The FFCRA begins April 1 and the employees unpaid leave is April 1 through April 11. The employee would use all Emergency Sick Leave before beginning FMLA leave at two-thirds (⅔) their normal pay or $50.25 per day (up to $200 per day or $10,000 total). If a small business of fewer than 50 employees has an exemption, the employee would not be entitled to any compensation.

Example 5 (Hourly Employee with Childcare Duties): An employee’s child’s school has been shut down by government closure since March 16, 2020 and the employee, who earns $18 an hour and regularly works 8 hours a day and 40 hours a week, took off work that day to care for the employee’s under 18-year-old daughter. The FFCRA becomes effective April 1, 2020. The employee’s 10-day unpaid leave period is from April 1, 2020 through April 11, 2020. During this time, the employee complies with all eligibility requirements under the Emergency Paid Sick Leave and the business is not an employer with fewer than 50 employees that has been approved for an exemption for these employees, and eligible to receive 7 workdays of pay during that time period / 8 hours a day (assuming the employee was scheduled to work weekdays only) for a total of 56 hours and $672 (at the employee’s 2/3 hourly rate). As of April 12, 2020, the employee also would be eligible for the FMLA Expansion, but would have 24 hours remaining under the Emergency Paid Sick Leave Act. Employee would use remaining 24 hours of Emergency Sick Leave through April 14, 2020 and, beginning, April 15, 2020, be eligible for the 2/3 rate under the FMLA Expansion, which would continue for up to $200 a day / $10,000 in total benefit.

In the event the business is a small employer with fewer than 50 employees and properly applies for and received an exemption under the Emergency Sick Leave (assuming that the Secretary of Labor allows it), the employee (so long as employed by the employer for 30 days and off work due to a child’s school closure or impossibility) would not be entitled to any compensation until eligible under the FMLA Expansion as the Emergency Sick Leave would not be available.

Contact Herrman & Herrman

If you are seeking legal help after being hurt in an accident, talk to the attorneys at Herrman & Herrman – in the comfort of your own home! If you would like to discuss your legal situation with any one of our attorneys, we can simply meet with you by phone.

Contact us now at (361) 792-3669 or fill out our online form to schedule your free consultation and learn more about how we can meet with you remotely to review your claim.

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What Happens If Injured By A Texting Driver?

Just about anyone can be a victim of a texting while driving accident but when it’s you or someone you care about, having a foreknowledge of what to do might save the day. As expected, the erring driver should be held responsible for any damage they might have caused so get them to fix it.

However, it’s only appropriate to put certain things in perspective to protect yourself, family and loved ones. And should things go awry, these steps may also curb unnecessary difficulties and delay in handling your case.

Above all else, get necessary medical treatment

It’s not negotiable! If you can, go by yourself or get help to get you to any nearby hospital for proper examinations and treatment. Also, the attending physician may need to issue a medical report for reference. This is of the utmost priority.

 

A Police report is key – secure one

This will capture crucial information like the name, contact and insurance information of the offending driver as well as relevant information about any witness. More so, if the other driver was ticketed, this report will unravel it too.

 

Don’t wait for a plea before you alert the prosecutor of any injuries

Anticipate that the other driver will get a lawyer to plead their course; don’t leave things to chance. For instance, if the driver was ticked for distracted driving, the lawyer might change the narrative except proven otherwise. Any evidence of injuries will prevent that and get you the justice you deserve. Usually, pleas are irreversible once agreed upon, so pay attention to every detail in the process.

Get in touch with witnesses to the accident and opt for written statement when necessary

There’s no evidence as binding as written once and it might not hold much water to just verbally state that a fellow impaired another by text driving. Therefore, get this done with as fast as you can and if need be, get professional help.

 

From experience, witness statements are usually more accurate the earlier you get them to talk. So get to it.

The impact of accidents is seldom predictable and getting the justice one deserves can be therapeutic in itself. And the pain can be intent in a preventable case as text driving. Be sure to get all the help you may need from experienced hands like the insurance company, prosecutors etc. more often than not, they are always on your side.

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Uber & Lyft Accidents On The Rise

Uber and Lyft are on-demand transport services that have made moving from one place to another a lot easier. With these transport services, you do not have to go out with your car all the time, in fact, you do not need to own a car. Both transport services provided as much comfort as would be enjoyed if one were to go about in a personal car. They have brought about safer rides, easy access, and reduced drunk driving drastically. Notwithstanding all these benefits, they have been linked to some traffic fatalities in recent times.

 

Uber and Lyft are said to have contributed to an increased accident rate in the United States. The increasing demand for these transportation services has resulted in more cars being on the road. While there has been a lot of focus on the internal benefits of making use of Uber and Lyft, how about the external factors?

How is uber and Lyft increasing accident rates?

Without a doubt, Uber and Lyft transportation services have been much safer and accessible than other means of transportation. Everyone who cannot afford a car can still enjoy the comfort that comes with owning one. However, a lot of attention has been paid to the positive impacts of this transportation method while ignoring its negative prospects.

While these transport services might have reported very few accidents over time, it is important to know the role they play in road accidents. As more people are beginning to appreciate and make use of Uber and Lyft, the more cars get on the road. The implications of having a lot of cars on the road are that it results in traffic irregularities which many times cause accidents – directly or indirectly.

Focusing more on the externalities, it is important to note that beyond digital excellence is the understanding of how good driving works and who a good driver is. What is the difference between an Uber and Lyft driver from other drivers? What parameters are used to measure good driving by these transport services? These are factors to be considered as regards safety on the road than the use of digital devices.

 

A lot of attention is being paid to the devices that it takes our attention off the roads. This brings to mind a very important question like how much road facilities are available to cater to the increasing number of cars put on the road? The inability of road facilities to match the increasing number of cars has contributed to Uber & Lyft accidents on the rise.

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Innovation Scholarships Available to Creative Students in Texas and Throughout the U.S.

At Herrman & Herrman, P.L.L.C., we are pleased to sponsor our 6th annual Innovation Scholarship Contest with $12,000 in prizes. The 2020 scholarship contest is now open for submissions and entries will be accepted through December 1, 2020.

The Innovation Scholarships recognize creative thinking and community service and offer financial assistance to students to help pay for college-related expenses.

Scholarship prizes will be awarded to six creative students and two awesome teachers who foster creativity in students.

Students wishing to apply for a scholarship should submit an original creative entry such as an essay, video, infographic, poem, piece of art or song responding to the following topic:

Share a community service activity or project you participated in that positively changed your community, contributed to your growth, and/or affected your plans for the future.

Our attorneys and staff at Herrman & Herrman, P.L.L.C. have been actively involved in Corpus Christi and the communities of the Rio Grande Valley for more than two decades. We have successfully represented thousands of people over the years and we understand the importance of community service and giving back to those communities.

We are strong believers in the power of education. We believe that securing a sound college education is the best way for young people to have rewarding jobs and careers in the 21st century. We also recognize that inspiring teachers can change lives.

Students who are juniors or seniors in high school and students enrolled in two-year or four-year undergraduate programs at colleges, universities or technical schools in the United States are eligible to enter Herrman & Herrman’s 2020 Innovation Scholarship Contest.
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Our scholarship selection committee will choose the winners, including three Texas students and three students from throughout the United States. The scholarship contestants selected as 1st, 2nd and 3rd place winners in each category will receive checks in the respective amounts of $2,500, $1,500 and $1,000. The checks will be paid directly to each student’s school. Two $1,000 teacher prizes will be awarded to inspiring teachers nominated by the 1st place winners.

Get additional information and instructions about how to enter the 2020 contest and an application form by clicking on the Herrman & Herrman scholarship page. Depending on the volume of submissions, Herrman & Herrman may impose a cutoff, at which time no additional submissions will be accepted. If you are interested in applying for an Innovation Scholarship, you should submit a completed entry packet online as soon as possible.

The winners will be announced on or about Dec. 21, 2020. The winners will be chosen based on their originality and creativity.

Students, we are ready to receive your Innovation Scholarship creative entry and application. Good luck to all who enter!

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The Importance Of Seatbelt Safety

People who ignore using a seatbelt while driving or in a moving car, basically do so because they’re not aware of how important it is to use one. Seatbelts are one of the obvious safety provisions that any car manufacturer should ideally include on their products- irrespective of the style and other specifications.

 

Statistics show that a lot of people have died or become permanently disabled from car crashes, just because they failed to use a seatbelt. You’ll probably soon find out more reasons than you thought, why seatbelt safety is important.

 

Why drivers and passengers should always wear a seatbelt

Firstly, a seatbelt holds the driver and passenger in place- onto their seats. Thus, when an accident occurs, there would be way lesser tendencies for the car occupants to get flung out the car door or window. Many times, people who fall out of a car in this manner, get hit by another coming vehicle- hence making them sustain more severe injuries or even dying on the spot.

 

Additionally, since the seatbelt significantly holds the individual back in their seats, injuries to the head and backbone are less likely to occur. This is true, considering the fact that you would consequently have lesser impacts with the hard parts of the vehicle interior- even if the entire car somersaults and hits the hard road.

Asides these, there are relatively minor accidents that a seatbelt can prevent. For instance, if you suddenly match the brakes- due to an unforeseen danger, it is likely that your car occupants would jerk forward. When this happens, your passengers may hit their heads against the car dashboard or windscreen. With a seatbelt, however, their forward motion is promptly hindered, and they’re held back tot heir seats.

On another hand, car owners who had their seatbelts on when the accidents occurred, are more likely to get a better insurance settlement for health and property damage. Some people do not get the required financial support for settling medical bills of accident victims, because they were not using a seatbelt when the accidents occurred. The insurance company may possibly mention that the driver and/or the passengers were negligent on obeying road safety rules, hence the reason for their resultant medical conditions.

In order to enforce the importance of seatbelt use amongst motorists in the United States of America, majority of the states now sanction drivers and passengers who fail to comply with the standards. This is also obtainable with many other places around the world.

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How Do Car Accident Reports Work in McAllen, TX?

Anyone involved in a car accident should notify police right away. In Texas, a law enforcement officer investigating a car crash that occurs in traffic is required to file a report if the crash caused injury or death or if apparent damage is worth $1,000 or more.

You also should report the accident if:

• the vehicles involved in the crash cannot be moved off the highway
• a driver leaves the scene of the accident
• you suspect a driver is intoxicated.

Reporting a car accident to police makes a record of the accident and documents who was involved. A police report will be essential if you need to file an insurance claim later regarding the collision. If the crash involved a hit-and-run driver, uninsured motorist insurance should pay for damages if the accident is reported to a law enforcement agency.

Police reports are particularly important when seeking compensation from another party’s insurance, such as liability coverage held by the driver who caused the accident. With an experienced car accident lawyer’s help, the at-fault driver’s auto insurer may be compelled to pay for your medical expenses, car repairs or replacement, and more. 

In McAllen, TX, as in other Texas cities, police may not be able to respond to every parking lot fender bender that happens. But McAllen police do follow the law and will respond to the car accidents they are responsible for reporting. The legal requirement for reporting accidents with $1,000 worth of damage to the vehicle(s) is actually quite a low bar. 

The personal injury attorneys of Herrmann & Herman in McAllen, Texas, recommend dialing 911 to contact McAllen police after any car accident in McAllen, even if there is only minor damage. Don’t let another driver talk you out of reporting an accident by promising to pay you directly for your medical bills or car damage. The driver may change his or her mind after leaving the scene of the accident. Without a police report documenting the accident, it will simply be your word against that of the other driver. You will have difficulty receiving compensation from an insurance company.

Filing a Car Accident Report in McAllen, Texas

If you are involved in a car accident in McAllen or elsewhere in Texas that results in injury, death or damage to vehicles exceeding $1,000 that no Texas law enforcement investigates, you are required to file a written report with the Texas Department of Transportation (TxDOT), according to the Texas Driver’s Handbook. The report must be on a TxDOT specified form.

Under Texas law, you have 10 days from the date of the car accident to do it.

You, your insurance agent, the owner of the vehicle or your car accident attorney may file the accident report with the TxDOT.

The crash report is known as the Texas Peace Officer’s Crash Report, Form CR‐3 (available here). It requires the following information:

• Place and time of accident, including road name and nearest intersecting road
• Name, address, and date of birth of each driver involved in the accident
• Name and address of all registered owners of motor vehicles involved in the accident
• Driver license information (issuing state, license number) for each driver involved in the accident
• License plate number and state from all motor vehicles involved in the accident
• Name and address of all auto insurance policy holders and the name of their insurance companies
• A summary of what happened during the motor vehicle accident
• Weather and road conditions at the time of the accident.

If you were provided a CR-2 form or similar local law enforcement form copy of this report, you should retain the information for your records. 

If a Texas police officer has already filed a report about an accident you were in, there is no requirement for you to file a car crash report with the state. If a McAllen police officer responds to the accident you were in, ask if he or she will be filing a report with TxDOT.

Getting a Copy of the Police Report After a Car Accident in McAllen

After an accident in McAllen, you can go directly to the McAllen Police Department to obtain a copy of the report. 

Request a copy of an accident report by completing the McAllen Police Department’s Accident Report Request Form (PDF) and submitting it via mail to:

McAllen Police Department – Crime Records Office
PO Box 220
McAllen, TX 78505-0220

The request form asks for: 

• Requester’s name, address, telephone number and email address
• Requester’s relationship to the accident, i.e., driver; parent of driver; vehicle owner; vehicle occupant, pedestrian or cyclist injured in the accident; insurance company; attorney; etc.
• Date and time of accident
• Location of accident
• Name of person involved in the accident
• Case number

McAllen Police have 10 days after receiving the request to release the accident report or to notify you that they have reason to withhold the report and request a ruling from the state Office of the Attorney General. Requests are to be answered in writing and would include an invoice indicating any charges incurred.

It costs $8 for a certified copy of the report, which is preferable because certification makes it an official document, which is necessary for legal proceedings. It’s $6 otherwise. Copies of any photos made at the crash scene are 75 cents each, with no enlargements available. Make the check/money order payable to the City of McAllen. Do not send cash.

Reports will be mailed; they will not be faxed.

Contact a Car Accident Attorney in McAllen, TX

McAllen police will respond to almost all car accident calls in the city and file the necessary report. When you need to obtain a report for an insurance claim over a fender-bender that just tops the $1,000 property damage requirement, your insurance company will probably retrieve the police report to process your claim.

After a serious accident, with a death or catastrophic injuries, insurance companies can quickly become a lot less helpful.

If you have a significant insurance claim due to serious injuries or the loss of a loved one in a car accident in McAllen, you need to speak to an experienced McAllen car accident attorney at Herrman & Herrman, PLLC. Our attorneys can investigate your accident to identify the at-fault parties and determine the amount of compensation you deserve for your losses. Then we will press insurers aggressively to pay the claim.

A police report is a significant part of a car accident claim. If you’ve been seriously injured or lost a family member in a McAllen car accident, contact Herrman & Herrman today for a free review of your case and how we would seek maximum compensation for your losses.

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National Recall Follows Death Blamed on Insulin Pump Used for Type 1 Diabetes

The U.S. Food and Drug Administration has issued its most serious type of recall, a Class I recall, for two models of Medtronic MiniMed 600 Series insulin pumps.

One death and more than 2,000 injuries have been blamed on the faulty medical device.

The recall covers 322,005 MiniMed 600 Series insulin pumps distributed in the United States:

• Model 630G (Model No. – MMT-1715) – all lots distributed before October 2019
• Model 670G (Model No. – MMT-1780) – all lots distributed before August 2019.

The pump model number can be found on the bottom or on the back of the device.

The insulin pumps are being recalled because of reports of broken or missing retainer rings. The issue prevents the reservoir from being locked into the pump. If the reservoir is not properly locked into the pump, it could lead to over- or under-delivery of insulin, which could then result in hypoglycemia or hyperglycemia.

Severe hyperglycemia can result in a loss of consciousness, seizure and death.

Medtronic has received 26,421 complaints about the device malfunctioning. The firm is aware of one death and 2,175 injuries, the FDA says.

Damage to the pump retainer ring can occur as a result of dropping or bumping the insulin pump on hard surfaces, Medtronic says.

Medtronic advises diabetes patients affected by the MiniMed 600 Series insulin pump recall to:

• Examine the retainer ring of their pump.
• Stop using the pump and contact Medtronic for a replacement pump if the reservoir does not lock into the pump or if the retainer ring is loose, damaged or missing. Contact your doctor before discontinuing use of the pump, and follow his or her recommendations, which may involve performing manual insulin injections.
• Continue using the pump if the reservoir locks into place correctly.
• If the pump is dropped by accident, check the pump and retainer ring for damage and stop using it if it is damaged.
• Check the pump retainer ring to verify that the reservoir is locked correctly at every set change.

If you have a damaged Medtronic insulin pump, you must complete and submit a form to request replacement of the defective device. Medtronic is only replacing recalled insulin pumps if the retainer ring on the pump is loose, damaged or missing.

Anyone with questions about the pump and/or the recall should call Medtronic at 1-800-646-4633.

Seek Advice from a San Antonio Product Liability Attorney

If you have been injured or have lost a loved one because of a Medtronic MiniMed 600 Series insulin pump malfunction, you should contact an experienced product liability lawyer as soon as possible. You may be entitled to seek compensation for harm caused by the defective insulin pump.

In San Antonio, the insulin pump recall attorneys at Herrman & Herrman, P.L.L.C. are ready to seek full compensation for you if an unsafe medical device has harmed you or your loved one.

A product liability claim about a faulty medical device may go forward if the injured party can show that:

• The product caused injury when used as intended because of its faulty design or a manufacturing error
• The manufacturer and/or distributer knew or should have known of the danger posed by the product
• The manufacturer and/or distributor failed to adequately warn the consumer of the risk of using the product.

There are potentially thousands of plaintiffs harmed by faulty Medtronic insulin pumps with product liability claims against the manufacturer.

When a large number of lawsuits are filed seeking compensation for injuries related to one product alleged to be defective, the courts may combine the claims in one of two ways:

• Multidistrict Litigation (MDL), which combines cases that have common legal issues for efficient handling during the pretrial phase of the case. The Judicial Panel on Multidistrict Litigation designates one federal court to oversee the pretrial phase of the case such as depositions and discovery. If the cases go to trial, each plaintiff proceeds with his or her individual lawsuit.
• Class Action, which combines lawsuits filed by multiple plaintiffs who have similar legal complaints against a defendant. The court that creates a class action lawsuit will choose one or more plaintiffs’ cases as representative of the class.

When hundreds or thousands of people are injured in the same way, such as by the same faulty medical device, these claims are known as a mass tort.

Mass torts are considered MDLs because these cases are filed nationally but the court system requires that they be consolidated before one judge for pretrial proceedings.

As the number of similar claims against a product increases, the manufacturer, distributor and other liable parties typically begin to recognize the potential costs of litigation. While they fight the claims in the courts, they also set aside funds to pay an anticipated settlement.

The attorneys of Herrman & Herrman would seek the most compensation available to you in a faulty medical device product liability claim. We would carefully review any settlement offer and discuss with the client whether in our view it represented a fair offer, based on the client’s injuries and losses.

Contact Herrman & Herrman in San Antonio

The product liability lawyers of Herrman & Herrman pursue faulty medical device claims in San Antonio and throughout south Texas. We believe that medical device manufacturers should be held accountable when their products cause preventable injuries. We are committed to pursuing the compensation you need to get back on your feet if you have been injured by a faulty medical device.

If you have questions about how to respond to injuries caused by the nationally recalled Medtronic insulin pumps, contact us to set up a free initial legal consultation. Let our experienced insulin pump recall attorneys review the specific facts of your claim and explain your legal options.

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Taft, TX Mom Wins Fight Against Insurance Company Of Careless Driver In Crash

As if raising three kids wasn’t expensive enough, after stopping at a red light on January 8, 2019, one Texas mom was left with medical bills, a totaled SUV and months of recovery ahead of her.

Erika with her family

Twenty-six-year-old wife and a working mother-of-three, Erika Castellanos-Saldivar, was stopped at a red light in her 2013 Kia Sorrento at the intersection of Highway 181 and Toland Avenue in Taft, TX. Suddenly, her vehicle was hit from behind by a 2004 Ford F-150.

“I was at a red light,” said Erika, “and the truck behind me didn’t stop and rear-ended my SUV.”

The hard impact left Erika with injuries to her neck, back and head that would require extensive treatment.

“Mrs. Saldivar’s accident was a very hard impact,” said Erika’s attorney, Steven Stratso from Herrman & Herrman.

“She had injuries to her neck, back, and head that all required extensive treatment.”

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Concern For Family’s Wellbeing

While Erika was grateful the impact wasn’t fatal, as a mom, she was concerned about the accident affecting her family’s finances and the overall well-being of her kids.

“The accident affected my family financially,” said Erika, “because I had to buy a new vehicle and had expensive medical bills to deal with. On top of that, I had to miss time from work, which was unpaid, as I recovered.

Rear-end of Erika’s 2014 Sorrento after accident

“My son also had to miss time off school as I was recovering, putting him behind on his schoolwork.”

“I was concerned that the at-fault driver’s insurance wasn’t going to take responsibility for the medical bills and my vehicle that needed to be replaced.”

No Longer Fighting Alone

Erika needed help fighting the at-fault driver’s insurance company so she hired Herrman & Herrman.

“When I hired the firm,” said Erika, “it felt like ‘finally, I wasn’t left all alone to deal with this.’ I could tell they were going to fight hard for me.”

Left with a totaled vehicle, the firm also helped alleviate Erika’s lack of transportation.

“They even set up a rental car for me and offered to drive me to doctor appointments,” said Erika.

Erika’s attorney saw firsthand how this accident affected his client.

“Before the accident,” said Steven, “Mrs. Saldivar was an active mother of three, working from home.

“After the accident, she didn’t have a vehicle, she couldn’t work as much as she did prior, and it affected her children going to and from school.

“Her life was turned upside down.”

The Battle Against The Insurance Company

With the firm fighting on her behalf, Erika was able to focus on her family and getting better.

“I felt the law firm handled all the details of the case,” said Erika, “so I could focus on getting better.

“They were always on top of it and calling to check in on me and my family.”

As Erika focused on getting better, the firm went to war with the insurance company. The challenge was getting the insurance company to cover the vehicle hit by the at-fault driver, Erika’s SUV.

“We had issues with the insurance company,” said Herrman & Herrman case manager, Veronica Soliz, “getting them to cover the property damage.

“In the end, we fought and made sure that the insurance company covered Mrs. Saldivar’s property damage and her medical bills that she accrued due to the accident.”

Accident Now In The Rearview Mirror

Erika can now breathe a sigh of relief knowing that this event is in her past and she is recovering.

“It’s a relief,” said Erika, “to not have any medical bills and to have some improvement on my neck movement.

“I now feel a sense of closure.”

Steven feels great that he was able to help Erika get her life back on track.

Erika and her family enjoying the park

“Before the accident,” said Steven, “Mrs. Saldivar was extremely active. Then, after the collision, among many things, it became difficult for her to interact with her children while she was recovering.

“After treatment, she was so grateful for the help.

“And while no amount of money can fix what happened, I’m glad I was able to help put her back on track so that she can now enjoy playing with her kiddos again.”

Erika couldn’t be happier with her decision to hire Herrman & Herrman.

“They provided me an excellent service,” said Erika, “and took care of everything for me.

“They’re aggressive in handling your case but treat you like family when you’re their client.”

Erika begs that anyone in an accident seeks the help of Herrman & Herrman.

“They treat their clients with professionalism & understanding,” said Erika.

“Please let Herrman & Herrman handle your case!”

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Saving a Drown Victim

The watchword is speed. When you notice or suspect that someone is drowning act immediately; call for help if you need to or alert the lifeguard. Whether a drown victim will survive depends largely on a prompt rescue.

 

Usually, everyone heading to the pool, beach or Water Park sets out perhaps to loosen up, take in fresh air or just have a good swim. The sight of someone drowning before you can turn your would-have-been perfect outing to the most terrifying scene forever. And no guilt can cripple faster than knowing that you couldn’t have done anything to help even if you wanted to.

 

Therefore, every water lover should learn these basic tips to help save a drowning victim.

 

Habitually scan and observe

It’s just the smart thing to do. Be your brother’s keeper. Any time you are at the pool or beach, survey the area occasionally or how else do you want to notice someone who is drowning let alone offer to help.

The special groups to specifically look out for our kids, the elderly, amateurs and those how are fond of swimming far from the shore.

Learn to spot signs of drowning when you see one

Drowning is not the only mishap that can befall a swimmer. Some suffer cramps while swimming and may just need medical care. Learning the signs of active drowning can guide you on the right intervention to give.

Here are some of the things to watch for:

• A swimmer that is distress
• drowning victims may not move towards help or call for one
• they can no longer coordinate their movement
• they may struggle for about 40 seconds on the surface then get submerged

Once you notice any of these, get ready to reach for the person immediately or call for help.

Set out to reach the victim

Form the first two steps; you should be able to tell the best call to make. Whether to go into the water reach out from the land or call for help from the shore. If there’s a need to dive into the water, ensure you take any necessary tools such as a flotation device or life vest. However, only dive to the rescue if you are a stronger swimmer.

One may not predict when these tips will come in handy. Just prepare to always save the day – you just might someday. But whenever you find yourself in the position to help a drowning victim, always call for more help so others are aware also; you never can tell, a lifeguard might be ashore.

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Concerned About Coronavirus? You Don’t Need to Leave the House to Meet with Our Lawyers.

We all have a duty to keep ourselves, our families, our neighbors, and our communities safe right now. This means temporarily reshaping the way we live our lives to combat the novel coronavirus (COVID-19). At Herrman & Herrman, we are taking this duty seriously and are practicing the “social distancing” guidelines recommended by health officials. To ensure you still have access to us, our lawyers are available to meet with you remotely so we can answer your legal questions and discuss your case.

Across the nation, people are limiting in-person contact as much as possible to help slow the spread of the virus and allow our healthcare system to operate within its capacity. The U.S. Centers for Disease Control and Prevention continues to provide important guidance about what we all can do to protect ourselves and others from exposure. (Visit the CDC website for the most up-to-date information and recommendations.)

During this challenging time, our attorneys remain available to talk about your legal issues over the phone or via free video conferencing services such as:

• GoToMeeting
• Facetime
• Skype
• Zoom

If you are ready to speak with a lawyer now, please contact us to schedule your free consultation. Our team can meet with you remotely and get started on your case immediately without having to talk in person.

COVID 19 Prevention: Social Distancing

Health officials are recommending “social distancing” measures to cut down on close contact. This will help minimize the spread of the Coronavirus (COVID-19). Please make sure you review the Centers for Disease Control and Prevention (CDC) for more information about other steps you can take to protect yourself and others from exposure to this virus.

General Info About (COVID-19)

More and more information about the virus is coming out daily. Please stay up to date on information and symptoms by checking the CDC’s website.

This virus spreads easily and sustainably! You can get COVID-19 “by touching a surface or object that has the virus on it and then touching your mouth, nose, or eyes.” It is thought that you are most contagious when you are displaying symptoms, however you can be contagious before you even show symptoms.

Symptoms of Coronavirus 

Here are some of the major symptoms of the virus:

• Respiratory Tract Infection – shortness of breath
• Fever/chills
• Cough
• Flu-like symptoms
• Fatigue
• Pressure in the Chest
• Headaches
• Muscle or Body Aches
• Sore Throat

Please note that carriers of the virus may not be displaying symptoms and that you are still at risk and may be carrying the virus and not know unless you are tested.

Contact Herrman & Herrman

If you were hurt in an accident and are seeking legal help, let the attorneys at Herrman & Herrman help you – in the comfort of your own home! If you would like to discuss your legal issues with any one of our attorneys, we can simply meet with you by phone.

Contact us now at (361) 792-3669 or fill out our online form to schedule your free consultation and learn more about how we can meet with you remotely to review your claim.

*This blog was written with the most up to date information and this information is subject to change as more information about the virus is released & found.

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The Dangers of Tailgating in Corpus Christi

Rear-end accidents are the most common type of car accident, and an overwhelming majority are caused by tailgating. Following too closely behind another car in traffic is dangerous. It doesn’t provide enough space to stop safely. Sometimes people tailgate out of carelessness. Other times, tailgating is an act of aggressive driving by a driver looking for an opportunity to pass a slower moving vehicle.

Recent research finds that one in two drivers fails to keep a safe following distance. This report says many tailgaters follow the car ahead of them closely to prevent another driver from cutting in front of them.

he National Highway Traffic Safety Administration (NHTSA) reports that there were 2.1 million rear-end collisions in the U.S. in 2017, representing a third of all collisions. The Texas Department of Transportation (TxDOT) says that in 2018 there were 25,752 vehicles involved in crashes in Texas caused by following too closely.

The tailgating accident attorneys at Herrman & Herrman, P.L.L.C. help victims of “following too closely” accidents seek compensation from at-fault drivers for serious injuries and other losses. We have represented many people injured in rear-end accidents in Corpus Christi and Neuces County. If you have been hit and injured by a driver who was following too closely, contact us in Corpus Christi for a free consultation about your legal options.

Why is Tailgating So Dangerous?

One NHTSA report defined following too closely as following another vehicle so closely that even if the following driver is attentive to the vehicle ahead, he or she could not avoid a collision if the driver in front brakes suddenly.

Drivers who tailgate diminish their perception and reaction times. Perception is the time needed to see and recognize a roadway hazard, such as a vehicle suddenly braking. Reaction time is the time necessary for a driver’s body to physically react to their brain’s perception of danger. When a driver tailgates, both perception and reaction time are reduced.

It takes alert drivers approximately 2 seconds to see a roadway hazard and react to it. The more space a driver allows between his or her vehicle and the vehicle in front, the more time the driver has to see a hazard and react safely.

Drivers need to consider the size and weight of their vehicles when judging a proper following distance. Larger and heavier vehicles need more distance to stop. For example, passenger cars may rely on the “2 second rule.” The Federal Motor Carrier Safety Administration, which regulates commercial trucks, says that truck drivers travelling at 40 mph need to allow 4 seconds between the typical tractor-trailer and the vehicle ahead. “For speeds over 40 mph, you should leave one additional second,” the Federal Motor Carrier Safety Administration tells truck drivers.

The FMCSA’s Large Truck Crash Causation Study reported that 5 percent of truck accidents occurred when the truck driver was following another vehicle too closely.

Keep in mind that the smallest passenger vehicles weigh about 2,500 pounds. Drivers of heavier passenger vehicles such as full-size SUVs and large pickup trucks should allow 3 to 4 seconds between their vehicles and the vehicle ahead.

Common Injuries Caused by Following too closely

Speed is the danger factor in tailgating accidents. Because a tailgating driver does not have time to stop, rear-end accidents in traffic often happen at high speed. Speed compounds the impact of a collision, which increases the seriousness of injuries and likelihood of death.

The most common injury in a rear-end collision is a neck injury known as “whiplash.” The name describes the abrupt over-extension of the neck of the individual struck from behind.

Whiplash can cause:

• Muscle strain
• Ligament strain or rupture
• Disk damage
• Nerve damage
• Fractures of the cervical vertebrae.

The abrupt back-and-forth movement suffered by vehicle occupants hit in a rear-end accident also can cause injuries to the back and spinal cord.

The impact of the car occupant being slammed against the vehicle’s interior structure can cause:

• Traumatic brain injury (TBI)
• Fractures (broken bones)
• Internal organ damage
• Amputations (traumatic or surgical)
• Facial trauma
• Cuts and bruises.

Severe blows to the head or internal organs, significant blood loss from lacerations and/or other injuries suffered in rear-end car accidents can also be fatal.

How to Avoid a Car Accident Caused by Tailgating

In most crashes, the driver of the car in the rear is judged to be at fault for a rear-end accident. The tailgating driver may be liable for damages sought in a personal injury or wrongful death claim if others are injured or killed in an accident.

Section 545.062 of the Texas Transportation Code says that when following another vehicle a driver must maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles and traffic conditions, the driver can safely stop without colliding with the preceding vehicle or veering into another vehicle or object.

To judge what a safe following distance is, when the vehicle in front of you passes a fixed object, you should be able to count at least 2 seconds before you pass the same object. Two seconds is a minimum. Make it a count of 3 or 4 if you drive a larger vehicle, or just for safety’s sake.

Remember to stay farther back from other vehicles in inclement weather, including rain, fog, snow and ice. Up to 10 seconds in ice and snow is not unreasonable because of the increased stopping distances. When your car starts to slide on ice, you can steer into the slide to maintain directional control, but there’s little you can do to stop your vehicle.

If you are being tailgated, move to the right-hand lane to allow the following driver to pass when it is clearly safe to do so. Find a place where you can safely pull off the road and pull back on after the tailgater has passed. The few minutes lost will be worth your safety and peace of mind.

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Keeping Pets Safe In A Car

Every American innately loves road trips. With the right music, cookies and company, we can drive into the unknown till a beautiful sight draws us in. However, if your pet is this choice company, then you just took on an extra task of ensuring that they stay safe.

There is a sea of possible car hazards to guards against when traveling or running an errand with your pet in the back seat. Don’t stop at packing their chew toys or a warm cuddle blankie for your kitty; ensure you put measures in place to keep hazards at bay. And if you are not certain what exactly you need to do, here are some suggestions.

 

Get a travel crate for pets – there’s no other alternative

You might be a careful driver, but minds still wander from time to time. So it might be unsafe to rely on your skills and instinct. A travel crate helps to keep them in a position throughout the journey and irrespective of their size, there’s always a suitable crate.

While using a crate, tie it down properly either on the floor or back seat to keep them from roaming and also prevent motion sickness.

The front seat is a no for your pet

Truly, every cuddle or playtime with this little cuties is heavenly, but that doesn’t cut it when the front seat is in question. This also means no keeping them on the passenger’s seat. No matter how cautious you usually are, keeping an eye on a pet and the road are mutually exclusive. Even the protective features like the airbag might be the weapon should an accident occur.

Always have a ‘should there be an emergency’ kit within reach

When packing an emergency kit, don’t streamline the list to the kids and you; make arrangement for the pets also. Some of the items that will come in handy are a blanket ( can be used to constrain the pet if need be), antibiotic ointment, proof of rabies shots for dogs, hydrogen peroxide for cleaning of wounds, bandages that specific for pets, cleaning wipes and a cat litter box for those for cat owners. Most of these items (not limited to ones listed) can be gotten from pet stores.

 

When you’ve done the needful to secure your pets properly in the car, then you won’t have to leave them lonely at home when you go on exciting trips – they love it outdoors too.

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What You Need To Know About The Schlitterbahn Lawsuit

Schlitterbahn is a waterpark and resort that has been countlessly for negligence since its opening. Schlitterbahn parks are inspected daily before the parks are opened.

 

Schlitterbahn was sued by Linda Stomboly in March 2014. She filed a lawsuit in Wyandotte County District Court. She alleged that she was injured by the park’s King-Kaw attraction while riding it. Her petition showed that her accident resulted in multiple spiral fractures of her tibia and fibula. Schlitterbahn made an offer of $20,000 to settle the case. a month later, It was dismissed suggesting the case was resolved.

Another lawsuit was filed against Schlitterbahn in May 2014 by Robert Boepple. He alleged that he suffered injuries on his spine, back, neck, head, and arm while riding the Boogie Bahn Surfing ride. The case was later dismissed because both parties resolved it to their satisfaction.

 

Furthermore, in august 2014, there was a case by Frances Logan alleging she was injured severely when she was riding an inner tube in the King-Kong river ride with her niece. She claimed the tube overturned and she hit her left foot on a concrete wall. It was unknown if the case was settled on confidential terms.

Schlitterbahn Beach resort management was sued for negligence by Gordon Conover from Harris County. He claimed to have suffered pains, loss of earning capacity and mental anguish due to water slide injury. He had a collision with another person while riding the water slide at the Galveston Island water park in Schlitterbahn. He said the attendant was negligent in allowing riders to slide down without proper separation. The victim seeks attorney fees and monetary relief ranging from $200,000 to $1million.

The Tragic Death in Schlitterbahn

In 2016, An accident that could have been prevented happened in Schlitterbahn which caused the death of a 10-year-old boy; Caleb Schwab Sunday, the son of Scott Schwab, Kansas Representative. He was decapitated on the Verrückt water slide (world’s tallest water slide) of Schlitterbahn Water Park. The slide he was riding went gliding over, hitting a metal pole. Two ladies who were with Caleb In the raft were badly injured. The slide has been permanently shut down. Schlitterbahn settled Caleb’s family with almost $20 million.

 

Schlitterbahn has since been struggling to recover from this huge financial crisis due to the settlement offered to Caleb family and other lawsuit filed against them recently.

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Workplace Injuries & Workers Comp Benefits in Brownsville, TX

If you’ve been hurt on the job in Brownsville, you may be eligible for workers’ compensation benefits if your employer carries workers’ compensation insurance. Workers’ compensation provides benefits such as paid medical care to full- and part-time employees who are injured in work-related accidents, regardless of who was at fault. However, Texas does not require businesses to have workers’ compensation insurance, so some do not provide workers’ compensation.

A Brownsville workplace injury attorney can help you understand whether you are eligible for workers’ compensation and can help you appeal a disputed claim. If you are eligible for workers’ compensation, your lawyer will work to make sure that your employer honors its obligation to provide medical care and wage replacement as you receive treatment for a workplace injury.

Common Job Hazards and the Injuries They Cause

If you’ve suffered from one of the following injuries in a Brownsville workplace accident, you may qualify for paid medical treatment and replacement of a portion of your wages through your employer’s workers’ compensation coverage.

Even people in low-risk jobs can fall victim to workplace injuries. Common types of workplace injuries and the hazards that cause them include:

• Injuries from Slips and Falls: Wet floors can occur in virtually any workplace. If a wet floor is not properly marked, slip-and-fall accidents can occur quickly. Slip-and-fall injuries can result in severe bruising, head injuries, back injuries and broken bones. Many work-related injuries are caused by falls.
• Motor Vehicle Accident Injuries: People whose jobs require them to drive regularly are at higher risk of being involved in a motor vehicle accident and having crash injuries. Even the safest drivers who obey traffic laws cannot prevent an irresponsible driver from causing an accident. Motor vehicle accidents can cause all types of injuries including whiplash, external and internal bruising, and broken bones. You may be entitled to workers’ compensation for your injuries and also have a right to file a lawsuit against the negligent driver who caused the vehicle accident.
• Muscle Strain Injuries: Many jobs require people to lift heavy objects. Employees can easily pull muscles with these repetitive motions. Repeated strain of the back and neck can lead to chronic pain problems and more severe injuries in these areas.
• Injuries Caused by Falling Objects: Objects falling from shelves, ladders, or roofs are accidents that can happen in any workplace. The most common injuries caused by falling objects are head and neck injuries. The force of falling objects can cause cuts, bruises, and even concussions.

How Do I Report My Injury?

If you’ve been hurt on the job in Texas, you can take the following steps to ensure that your bases are covered for pursuing compensation. Firstly, you must report your injury to your workplace within 30 days of the time you were injured, or from the date you discovered that your injury or illness symptoms were a result of your workplace accident.

Next, you must send a completed DWC Form-41, an Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease, to the Texas Department of Insurance. You can complete this form online or mail a completed copy to the following address:

Texas Department of Insurance, Division of Workers’ Compensation 
7551 Metro Center Drive, Suite 100 MS-93
Austin, TX, 78744-1645

You can also fax a completed form to DWC at 512-804-4378. No matter how you choose to send in the DWC Form-41, you can call the Texas Department of Insurance to confirm receipt.

What Are the Benefits of Workers’ Compensation?

In Texas, there are four types of workers’ compensation benefits that you may be eligible to receive as an injured employee:

• Income Benefits: Income benefits are designed to replace a portion of the wages that you lose by being off work due to your workplace injury or illness. Some cover temporary disabilities while others address long-term impairments. The types of income benefits include temporary income benefits, impairment income benefits, supplemental income benefits, and lifetime income benefits.
• Medical Benefits: Medical benefits pay for the medical care that you receive to treat your workplace injury or illness.
• Burial Benefits: In the devastating event that you lose a loved one to a workplace injury or illness, burial benefits can compensate you for some funeral expenses.
• Death Benefits: Death benefits help families cope with the tragic loss of a loved one to a workplace injury or illness. They do so by replacing some of the income that the family is left without due to the death of a loved one.

Learn more about workers’ compensation benefits and how they may apply in your case. You can speak with our knowledgeable workers’ compensation lawyers online or call us at 361-245-1263.

What is the Process to Get Back to Work?

After a workplace injury, nothing is more important than your health and recovery. You should never return to work until your doctor says you have recovered enough to return to work safely.

Even if you don’t feel 100% ready to return to work, you must return when your doctor approves you or you will risk losing access to workers’ compensation. Keeping all doctor appointments and obeying the doctor’s orders will help you preserve your workers’ compensation rights.

The doctor will monitor your recovery and decide if you should remain completely off of work, return to work with some restrictions, or return to work in full capacity. Pay close attention and follow your doctor’s orders exactly.

Your doctor’s notes will serve to determine your workers’ compensation disability rating. It will be one of the following: temporary total disability, temporary partial disability, permanent total disability, or permanent partial disability. Your rating will help determine your timeline for returning to work, and to what degree you’re able to work.

When you return to work, make sure your workers’ compensation representative and your employer both have copies of your work restriction notes. Don’t try to go above and beyond what the doctor says you’re able to do safely. Doing so can put your eligibility for compensation in jeopardy.

Call Our Trusted Brownsville Workplace Injury Attorneys Today

Navigating workers’ compensation laws can be a complicated task, especially while you are hurt and trying to recover. Let the experienced Brownsville workers’ compensation attorneys of Herrman & Herrman help you pursue the benefits you deserve.

Herrman & Herrman has a proven track record of success in injury cases, and we stay involved in the Texas communities that we serve. For your free consultation, call us at (361) 882-4357 or fill out our callback form online. We have both English- and Spanish-speaking team members for your convenience.

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I Was Injured While On Private Property, Can I Sue?

Incurring injuries are one of the unpleasant situations that may befall anybody, anywhere. Some may happen in the course of duty or at your home and the treatment it gets is almost predictable or usual. But what happens when an injury happens on another’s private property? Can the owner of the property be sued? Are there compensations awaiting the plaintiff? What are the likely liabilities? These and more are the possible questions flooding your mind and you have the right to know the answers.

Maybe you have been a victim or know one, or you naturally desire to know the circumstances and the changes therein, here lies all the information you need.

Naturally, every homeowner has the responsibility of giving care to his/her guest while playing host to them but for some unforeseen reasons, an injury happens, can the guest sue the host? The answer is “yes” if he/she wishes. Because the law expects utmost care to guests and an injury is treated as negligent and a breach in their pledge of care and duty.

However, there are three classes of visitors and they all have different laws that explain the place of the property owner, how liable he/she is and are not. These three groups are the trespasser, the licensee, and the invitees.

For residential property

The tress passer. This person simply got on your property without your invitation or knowledge. If your property is undergoing some renovation or construction, the law expects you to alert everyone with a “caution sign.” If a trespasser gets injured, he/she cannot sue you because you are not responsible for his safety.

When an invitee gets on a property, he/she comes for business-related cause, if the owner informs him/her of the threatening situation, any injury suffered later cannot be sued.

The licensee, he/she is here on a non-business linked cause and if they have been notified by the property owner of the unsafe situation, the house owner cannot also be sued.

 

For commercial property, what you should know.

Here the law expects business owners to take extra steps in making sure their business environment is comfortable and safe for clients and customers. How? By double-checking on the workability of all appliances, non-slippery floors, and general precautionary measures.

If the property is undergoing some repairs, “caution signs” must be strategically placed to alert everyone, but when an injury is sustained the business owner is liable for suing.

For children. For any child that strays or trespasses into one’s private property and gets hurt, the “Attractive Nuisance Law” requires that property owners will pay compensation. This is so because children are unable to understand the dangers lurking in some private property even when a caution sign is displayed.

Injury legal suits can be a tad tricky particularly when it borders on private properties, this makes knowing the likely cases and chances for suing and compensation necessary. For anyone looking up for information or a guide to guard his/her business or self, here is the help you’ve been waiting for.

 

 

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Port Aransas, Texas: Spring Break Safety

Port Aransas is a very popular beach not just known for its warm water and relaxing air but that it’s a major spot for spring breakers; most of which are high school students. Every spring break, the beach is packed with thousands of high school and college students drinking too much beer and doing crazy things. Before now, the Port Aransas Police only sent a hand full of officers to make sure things didn’t go overboard. Now, Port Aransas spring breakers are known for going overboard. This has called for more spring break safety measures from the Port Aransas city leaders teaming up with the Department of Public Safety Troopers.¹ This team-up is to make sure spring breakers not only enjoy their beach getaway but also follow the law and stay safe.²

Safety Measures Taken By Aransas Public Officials

Alcohol Bans

The first and most logical step taken by the Aransas city leaders is to put an alcohol ban on the spring breakers. These kids go overboard with drinking and the most disturbing part is that they plan to drive home. In the last year, Texas had more than 400 crashes involving young drivers under the influence of alcohol during the period when students come for spring break.³ The alcohol ban starts from 6 pm to 7 am on Saturdays on the beaches.

Beach Curfew

Most locals complain of the noise and bad behavior of these students that go on till midnight. Being drunk and young, they become destructive. The beach curfew is to prevent a replay of an incident when the youths vandalized a car and put it on fire. The curfew starts from 6 pm to 7 am from Monday to Saturday. It’s till noon on Sundays.  The alcohol ban and beach curfew go perfectly because it prevents the beachgoers from driving home late and drunk.

More Officers Sent Out To The Beach

Despite these bans, the Port Aransas Police knows kids won’t be kids if they don’t break laws. This is why more police officers and as we mentioned earlier Department of Public Safety Troopers are keeping a close eye on the beach and any form of violation. The Aransas Police Chief Scott Burroughs in 2018 said that the police aren’t going after people just having a beer with their friends at the beach.⁴ They’re after those disturbing the peace and getting out of control.⁵

Port Aransas Texas is a perfect spot to have fun and enjoy spring break and the Port Aransas police want to keep it that way.

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Dangerous Prescription Drug Lawsuits

Some people are not aware of this, but you are allowed to sue an organization if the drugs you got from them harmed you in the process, and especially if this side effect was not listed on the pamphlet.

You can get fair compensation from the organization involved, once you can prove that their drug harmed you or caused you side effects.

Here is a better explanation of how it goes, for better understanding.

There are different kinds of side effects, there are the mild ones, like the drowsy side effects that come with taking flu drugs, and the ashy, dry feeling in the throat that comes with taking Seretide. There are some more serious ones, like heart pain, fainting, swelling in different parts of the body.

It is the job of the drug producers to write down all these side effects and why they might be triggered in different people on the pamphlet accompanying the drug. When they fail to do this and you or someone you know gets affected by this drug, you are entitled to compensation from the organization if you win the case.

 

Suing the organization

This is allowed to happen, if and only if you can prove beyond a reasonable doubt that the side effects you experienced were as a result of the drugs taken and not something else, and most importantly if there were no warnings about the side effect you had.

 

Your case:

You can always sure of ‘failure to warn’, and this could be linked to so many cases. While there is a pamphlet inside the packet with a list of side effects, one the packet, a shorter list is supposed to be placed on it, with the serious and no serious side effects listed therein.

The reason is, the person might not be able to read that whole pamphlet but would have read both sides of the pack before taking the drug, or the physician would have read the pack before administering the drug.

This can be chucked up to the design defect claim if the organization was able to prove that they had listed the side effects in the pamphlet.

But, either way, you will get compensated.

 

Over a million people each year, end up with horrible side effects from drugs, and this is why the dangerous drug lawsuit is a thing, giving you the right to make sure an organization pays for not properly testing a product before sending it out to the market and endangering the lives of those who ingested these products.

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Can I Sue A Daycare?

Hundreds of American guardians usually entrust the care of their children on daycare offices and administrations to monitor and look after their kids whenever they are at work. Any parent can sue a childcare office if the child suffers damage and unfortunate incidents. This is because at that moment the parents are notified of their children being harmed or in danger of any kind, they should be prepared to make certain legal choices.

 

Most times children get injured like scratches and bruises when playing outside however other accidents occur as a result of poor supervision, general carelessness, and most abuse. In some cases, it is always the childcare worker who abuses the child. Whatever the case may be, parents should be ready to take legal actions.

 

While it is lastly up to the police to decide whether criminal accusations are sought after in instances of childcare abuse, you may, in any case, have the option to record a common cause against the childcare office to seek remuneration for harms caused to the family.

Most of the time someone documents a claim against a childcare office for child abuse, they’re suing over carelessness concerning the office. These cases include occasions where a childcare office flopped in their commitment to guard your child, which has resulted in damage to your kid. This often happens when the childcare not sufficiently screening their workers and employing a known abuser, encouraging the maltreatment to proceed when they should stop it and also their inability to properly oversee the activities going on in the daycare.

Your legal advisor should know the subtleties of your case, however, on the off chance that you don’t have them all together for the council, don’t stress a lot over that. You can, in any case, meet with us and examine your case in the broadest terms. We might have the option to choose immediately on the off chance that we can help with your case, anyway much of the time, we may need to do some extra work before we can make that assurance.

 

In case a lawyer agrees to take on your case, you would probably need to go to court for the hearing. Sometimes, the facility that you are suing may conclude that they want to offer you a settlement as opposed to going to court. This isn’t generally the situation obviously, and still, at the end of the day, you have to prove the damages and draft a conventional interest so that you can be able to reach a reasonable settlement.

You might have a high probability of winning the case or agreeing on a better settlement if your lawyer has handled such cases successfully in the past.

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