Seau took his own life in May 2012 and shocked a nation already reeling over other similar sports deaths. He was a former National Football League (NFL) linebacker, who took punishing blows to the head during game play. It is not unusual for athletes who participate in contact sports to end up with head trauma.

What is discouraging is that so many good athletes are taking their own lives as a result of playing a sport they love. Were they playing without enough knowledge to make an informed decision about the risks? You may recall various lawsuits launched by current and former NFL players against the League for withholding information that they could suffer brain damage, as a result of sustaining numerous concussions on the playing field. Coaches and the League had apparently known for years of the risks involved, but nothing was done about it.

Samples of Seau’s brain tissue showed he had chronic traumatic encephalopathy; a progressive disease that may only be diagnosed after death. He was a 12-time Pro Bowl champion, who played in 20 NFL seasons. Seau was only 43 when he shot himself in the chest. His frequent head-on-head collisions over the years with other teammates had caused his brain to deteriorate, drastically affecting his ability to think in a logical manner.

Sadly, many suggest that Seau knew that his injuries had caused problems with his brain. People have speculated that Seau shot himself in the chest to preserve his brain for future research.

The brain damage found in Seau’s tissue samples was similar to that found in the brains of Andre Waters, Dave Duerson and Ray Easterling. Waters was a defensive back for the Philadelphia Eagles; Duerson, a defensive back for the Chicago Bears and Easterling, a safety for the Atlanta Falcons. This is a serious issue, and millions have been committed for more research to address the long-term health and safety of players who participate in contact sports.

While the news of more research to come thanks to an infusion of $100 million from the NFL Players Association is welcome, one wonders why, if many in the NFL and other sports venues already knew about the issue, that no one did anything. Has the world come to the point where playing a dangerous game and winning, at any expense, is more important than the players? Research could have been started a long time ago. Instead, scientists are playing catch up while players still hit the field and hope for the best.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

If you have been injured on the job in Texas, or become ill as a result of conditions in your workplace, your employer is obligated to file an OSHA 300 Log. The log must offer a complete picture of the accident and contain the identity of the worker involved, complete details of the incident, where it happened, what kind of injury was sustained and how many days the worker missed due to the injury.

This section, relating to how many days are missed, is where things get a bit complicated. Although the method of calculation is laid out in 29 Code of Federal Regulations, section 1904.7(b)(2), trying to decipher what it means usually requires the services of an experienced Austin injury lawyer. The guidelines basically cover how to take into account holidays, temporary plant closures, layoffs and weekends. There are often difficulties in assessing the number of days a worker misses, due to how the employer may interpret the regulations. If your injury keeps you off the job for over 180 days, your employer does not need to keep any further records.

Keep in mind that an injury or illness needs to meet certain criteria before it may be filed. For a log to be kept, the injury/illness must be related to work, must be new, not a re-injury, and it must be classified as significant, on the basis of a doctor’s diagnosis. Furthermore, the injury must result in loss of consciousness, medical intervention greater than just first aid, time off work, job restrictions, or a transfer to another job and/or death.

When it comes to significant workplace injuries, medical expenses can be staggering, and any injured worker would likely be looking for a way to obtain compensation. In Texas, there are a number of ways to get compensation, and discussing what those routes are is vital when you reach out to talk to an Austin injury lawyer.

Unfortunately, workers’ compensation does not always provide you with the amount that you deserve, according to the severity of your injury. Additionally, if your injury is the result of someone’s intentional negligence or the result of some form of misconduct by your employer, full financial recovery is possible through filing a personal injury lawsuit.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

This case was about being in the wrong place at the wrong time. A 52-year-old man was out riding his bicycle early in the evening in September 2008, when he was struck by a van being driven by an employee of one of the local hotels. At trial, the van driver and the hotel corporation were found equally liable in a civil suit filed by the family of the deceased bike rider.

The bike rider was not wearing a helmet at the time of impact, and he was ejected from his bike, slamming into the pavement, sustaining serious traumatic brain injuries. Although he made it to the hospital alive, and survived emergency surgery, he died three days later. He left behind a wife and three sons.

The jury ruled that the bike rider and the van driver were both at fault for the accident. However, the van driver and therefore the driver’s hotel employer were responsible for 58 percent of the negligence in the accident. The cyclist was deemed to be 42 percent responsible, as no one could ascertain for sure if he had obeyed a stop sign prior to the collision. It was determined that the van driver did not have a stop sign, but also revealed that he was traveling 40 mph in a 25 mph zone.

Other evidence that came to light during the trial determined that the van driver may also have been using a cell phone just prior to the impact; a violation of state law. The driver denied that he was on his phone. In assessing the case, the jury awarded $1,709,840 in damages to the estate of the deceased cyclist and $580,000 in damages to the widow, who had asked the court to award expenses for medical bills, funeral and burial costs, lost wages and the permanent loss of her husband’s earning ability, companionship and moral support. The deceased had been a doctor in his native homeland.

Most wrongful death lawsuits are not about exacting revenge. They are about making sure something horrible does not happen to someone else’s family. They are about seeking compensation in order to be able to move forward with their lives. They are about trying to heal and deal with the sudden loss of income provided by the deceased who died a wrongful death.

None of these cases are easy, and many of them take a number of months, if not years to get through court. This is why a family who has lost someone in such a manner needs to seek compassionate and experienced legal counsel from an Austin personal injury lawyer. Assessing damages in cases like this is part of the experience counsel needs to help a family get the compensation they deserve. A seasoned personal Austin injury lawyer will get the family through their ordeal with as little anxiety and grief as possible.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

There are a number of factors at play during a car accident — anything from texting while driving to mechanical failure. And yet, the National Highway Traffic Safety Administration (NHTSA) is indicating that fatal accidents are down 1.9 percent since 2010. This is good news. The bad news is that on the other side of the statistics column is an increase in truck accident deaths.

A closer look at the car collision numbers indicates that for the first time since 1949, when these types of figures were first recorded, U.S. car accidents are at an all-time low. In 2011, there were 32,367 deaths, and while this sounds on the high side, it is much lower that previous years, sparking hope that drivers are getting the message to drive with due care and attention.

As for tractor trailer units, or big rigs, between 2010 and 2011, the number of fatal accidents jumped by 20 percent— from 530 in 2010 to 635 in 2011. Anytime figures like this take a jump, it is not a good sign. Although these numbers relate to fatal accidents, the number of injury accidents involving trucks also shot up by 15 percent. The cause is a mystery. However there are many industry pundits, and those in law enforcement, that speculate when speed limits for trucks were raised, more accidents followed. Add in the fact that there are now more trucks on the road than ever, and the results may be self-explanatory.

It’s not just speed that kills. Drivers on the highways need to be aware that truckersare human. This opens the door for things like speeding, texting while driving, falling asleep while behind the wheel, distracted driving, improperly lashed down loads, or the driver is under the influence of drugs or alcohol. The causes are many. The results, should something go wrong, are a disaster.

It’s a fact that when a passenger vehicle gets into an accident with a large transport truck, that the truck wins. There are very few survivors in an accident such as this, and those who do make it out alive, are seriously injured to the extent that their lives may never be the same again – ever. They face years of medical care, pain, suffering, depression and rehabilitation— an expensive proposition to say the least.

If you have been involved in an accident with a big rig, reach out and contact an experienced Austin injury lawyer. If you want compensation for your injuries, medical bills, pain and suffering, lost wages and so on, an Austin injury lawyer is the one to take your case to court— your voice seeking justice when you need it the most.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

This story had one of the worst endings possible, the death of a toddler. A three-year-old boy was run over by a truck backing up through a parking lot. For some reason, like most small children do, the boy bolted away from his mother and ran off. A short time later, a truck ran him over. Although the boy was only pinned under the truck for a short period of time, it was enough for him to sustain life-threatening injuries. He died at the hospital later that day.

Stories like this bring home the very real safety issues that we all need to be concerned about. Small children simply do not understand why they can’t run free in places like parking lots, and drivers in those lots, and other locations need to be on constant alert to avoid accidents like this one. Drivers need to be even more cautious during holiday seasons, as there are far too many distractions for everyone.

Although many people condemn the use of child leashes as being inhumane and humiliating, a restraint such as that would have saved this boy’s life. Perhaps the most important thing to consider in keeping a child safe is not what looks odd or punitive, but what will keep them alive when they are out in dangerous situations, even if they are with a parent.

Being with his mother in the parking lot did not help this three-year-old, and once he had broken free from his mother, there was no way she could catch up to him before the accident. It’s a devastating blow to watch a child get run over, not only for the parents, but for the driver that struck the boy.

In this instance, there will be more questions to answer before the police get a clear picture of how this misfortune happened. For instance, was the driver under the influence of drugs or alcohol? Was the driver texting while driving? Or otherwise distracted and not paying attention? Not to mention the biggest question of why was the truck driving backwards through a crowded parking lot? It is not clear whether charges will be laid, but should law enforcement discover the truck driver could have avoided the accident, but for a negligent action, there may be charges pending.

In a wrongful death case such as this, parents may wish to speak with an Austin injury lawyer. They need to know what their rights are and how to move forward with a lawsuit seeking compensation for the sudden death of their loved one. Avoid dealing directly with insurance companies, as their main goal is to settle quickly and cheaply. They do not consider the agony of the parents. They are more interested in their fiscal bottom line. Take any questions about personal injury accidents to an Austin injury lawyer, particularly if you want justice.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

For many areas of the U.S., football is the social stitching that holds the fabric of a community together. Playoffs are a time of intensity, hard-hitting action, and a stand jammed pack with locals watching for those rough-and-tumble plays. More often than not, many in the stands are even secretly anticipating the sound of helmets crunching against each other, as one player takes another down. The crowd figures “seeing stars” is a normal part of the game. It is not.

This most recent off-season brought news of two National Football League (NFL) players taking their own lives. Along with that also came news that former NFL players were suing the League for keeping critical information from them relating to brain trauma and how it could affect them in the long-term. The time to do something about brain injuries is long past, and there is a lot of catching up to do, much of it by small-townfootball coaches.

Witness the case of a small rural high school, with a football team of go-getters, raring to make a name for themselves. During their practice scrimmages, several players get their “bells rung.” They keep on playing. One cannot recall what happened on the field of a most recent game. He was hit so hard, his memories only include being carried off the field, but he does not know why.

He did get hit. Hard. He is still trying to recover some semblance of normalcy in his daily life, but after four concussions in a short period of time, his doctor has banned him from sports for the foreseeable future. He may face up to two years down time before he can play again, if ever. He played through four concussions and his coach let him.

In small town America, football is a religion. Changing any of the rules about playing, or pulling players out because they got shaken up is frowned upon. However, even though many coaches are resistant to change, the awareness about concussions spreading to every corner of the nation. Small football venues with a coach for the local team are being forced into the mainstream of media awareness about traumatic brain injury.

The tide of media coverage is the harbinger of change. Between 2009 and 2011, the District of Columbia and 33 states passed laws, taking direct aim at preventing concussions in sports involving youth. Another 15 states have legislation on the table this year. Only Arkansas and Montana have done nothing. It’s time for change.

If your child has been involved in a sport that involves a high risk of brain injury, and the coaching staff did not advise them of the risks, or provide them with proper equipment, and they were injured you need to talk to an experienced Austin personal injury lawyer.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Over the last few years, a significant number of sports celebrities, and other not-so-famous players, have taken their own lives due to traumatic brain injury. Over time, repeated impacts can destroy the brain and create the idealenvironment for degenerative brain disease, or chronic traumatic encephalopathy. Children in large football or hockey outfits are cute, but their head health is a serious concern. Traumatic brain injury is not a pillow fight. It kills.

In step with the public’s demands for more information about traumatic brain injury and how to prevent it, the movie “Head Games,” directed by Steve James, was filmed with Little People. The movie is starkly moving and uses graphic images to show what concussions really do. These pictures are interspersed with parents relating personal stories of how their young athlete is valiantly struggling with head injuries, and how devastating the long-term effects are for the whole family. For families facing this life changing event, they may obtain the 90-minute film, on demand, at Amazon and iTunes, and it may also be available from some cable and satellite providers. It is well worth watching if you think playing football is a piece of cake. In fact, the issue is more complex and goes far deeper than anyone can imagine. Football and other contact sports have the potential to lead to irreparable brain damage. Too many people think of how cute the players look and pay scant attention to the seriousness of a concussion. Clearly, kids are being exposed to needless risks, and no one seems to get it.

This is a huge public health issue that people try to sweep under the carpet, because they do not grasp the ramifications of repeated concussions, until their son or daughter becomes a victim. Media reports about this issue are not sensationalized. They are the truth, and it is time parents woke up and started dealing with it.

It’s been scientifically proven that multiple blows to the head lead to brain trauma. If you don’t think that is true, consider that the National Football League is dealing with 140 lawsuits from about 3,500 former players, alleging the League hid the truth about concussions from them.

Little football players grow into big ones, and likely continue their love of sports over a lifetime. How does that affect their brain health? This is something we need to be upset about. Something we need to deal with before it gets completely out of hand. Ignoring head trauma does not mean it will go away.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Athletes with traumatic brain injury who are still alive may well be wishing they had known more about the cumulative effect of concussions during their days playing their sport of choice – be that hockey, football, soccer or volleyball. Many professional athletes now estimate that they have sustained eight or more known concussions throughout the course of their career. While that seems like a small number, the brain doesn’t count. Traumatic brain injury seriously affects those who suffer from its effects. Many parents wonder if they should sign their children up for school sports like football, when concussions are a common occurrence.

It has only been very recently that more educational institutions have started to pay attention to what concussions mean in the long-term for its athletes. Since the spate of hockey deaths over the last few years, many state colleges have begun to implement programs specifically focusing on traumatic brain injury. With some luck, perhaps a recent study underway in Nebraska will help others across the nation treat concussions.

The CDC recently released evidence that concussions for kids and adolescents have jumped sixty percent in the last decade. That number has frightened doctors into looking more closely into how brain injuries happen and what can be done to help victims. One doctor in particular, at the University of Nebraska, wanted to drive a project looking for more answers about traumatic brain injury.

The Center for Brain, Biology and Behavior was launched two years ago, by Dr. Dennis Molfese, whose main goal is to try and determine what people were like “before” they sustained a head injury. Often that vital piece of information is missing after the fact. Identifying the missing pieces of the puzzle, Molfese partnered with the Ivy League and the Big 10 conference to closely examine the brain, before and after concussion, with one burning question in mind: “Did people really recover from concussions and if so, to what extent?”

The initial research begins with baseline tests on the brains of athletes at the start of their season. The baseline is then used as a benchmark to compare with subsequent tests taken later, after the participant has sustained a concussion. The doctor hopes to determine how the brain has changed, how that affects behavior and how do they recover (or do they) over the long-term.

Although football seems to be the sport in the spotlight most often, the risk of concussion exists in many other sports. Perhaps this type of research may benefit all players in sports where the risk of brain injury is a very real one, every time they play.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

The government has been saying for some time now that they do not have enough funds to treat the enormous number of psychologically and physically damaged troops returning home from Afghanistan and Iraq. To throw their hands up in the air and cry defeat would be inexcusable. Sourcing funds to help veterans, the government partnered with the Intrepid Fallen Heroes Fund (Fund), an entrepreneurial and dynamic group busy raising $100 million to erect clinics on military bases.

The purpose of the new buildings is to treat and research traumatic brain injury and post-traumatic stress disorder, the main and extremely devastating results of improvised explosive devices (IEDs). The Fund is blessed with the ability to bypass government bureaucracy when dealing with construction projects, and is able and willing to fund medical advances to help returning vets.

A brainchild of 9/11, the Fund has been credited with building a burn-victim and amputee rehabilitation center in San Antonio, Texas and a stellar brain injury center in Bethesda, Md. Both facilities are considered to be among the nation’s top medical facilities that specialize in treating injured troops. They offer very targeted and specific treatment, and provide the opportunity for all doctors treating a patient to meet with them at once, so they are all on the same song sheet, treatment wise.

Vets treated in these facilities are not rushed from one doctor to the next. They do not bounce around to different physicians, and unlike other hospitals, there are a number of other alternative treatments for patients. For instance, the injured may be helped by service dogs or art therapy.

The plan is to build seven to ten more clinics at the largest military bases in the U.S., based on the unique hub and spoke model. Military officials hope to streamline treatments by sending patient information up to the research section and subsequently making use of treatment modalities suggested, based on the initial information.

Already underway is a clinic in Virginia at Fort Belvoir and in North Carolina at Camp Lejeune. More facilities are in the works for Fort Bliss, Texas; Fort Carson, Colorado; Fort Bragg, North Carolina, Fort Hood, Texas; and Joint Base Lewis McChord, Washington. Although the clinics are built and funded by private enterprise, once they have been completed, the base takes over control, operating the clinic, staffing it, and making sure their services are second to none. Things are looking a great deal brighter from veterans returning home from deployment overseas, and it’s about time.  With any luck, these models and research will lead to successes that can be extended to the private sector to help private individuals too.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

An exciting development in science is the increasing use of innovative technology in the medical health field. The latest new research, being conducted by the Department of Defense, deals with using nanotechnology to treat a wide range of injuries from infections to traumatic brain injury and treat them more rapidly than is possible now.

The project, referred to as In Vivo Nanoplatforms for Therapeutics, hopes to create a vehicle to deliver various forms of medications and other treatments. This is the stuff science fiction is made of, but it has the potential to become reality. The idea behind this project is to use new classes of nanoparticles, capable of sensing a patient’s physiological well-being, to treat abnormalities and other conditions. Even though this may be reminiscent of the best stories in the world of fiction, the potential is mind-blowing.

A particle, when referring to this kind of technology, is a small object considered to be and to act like a whole unit as it relates to its properties and transport capabilities. A nanoparticle is the smallest of the small particles and has a wide variety of potential for use within not only the human body to deliver various payloads but in the optical field.

The most exciting potential is the possibility that these nanoparticles may help revolutionize the treatment protocol for traumatic brain injury, especially for soldiers returning from war. There is talk of coating these particles with a type of ribonucleic acid (RNA) because the smaller molecules are capable of binding to other messenger RNA molecules to deliver what they are carrying internally to its end destination.

The key to the effectiveness of this technology is that the payload injected into an individual’s body targets the disease process and halts it by delivering therapeutic but passive ultrafine particles that reduce side effects and prevent an immune system response. While this idea itself is not new, it is going beyond the original nanoscale systems created to monitor soldiers’ health and body systems. The hope is to move forward into diagnosing and treating.

This future-looking technology may be an important partner to those who have been exposed to improvised explosive devices during the course of their tour of duty overseas. The military does have a blast gauge attached to helmets, a vehicle or personal gear that is capable of measuring the amount of exposure a solider gets in the vicinity of an explosion; this helps in diagnosing brain injuries more accurately. However, if the nanoparticle technology is as successful as hoped, the lives of soldiers who sustain brain trauma may improve significantly.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

There is good news and bad news on the horizon for child victims of brain trauma. The bad news is recent studies suggest it is difficult to predict with any degree of accuracy how well the children will do in the long term, despite a higher survival rate.

Over the years, medical technology has improved so that children who sustain brain trauma now have a higher survival rate. The difficulty is no one is able to predict how they will fare in later years. Brain injuries in kids are very complex to monitor, as their brains are still in the process of growing and forming. Protecting them from further accidents and infections is a major priority.

The latest research, published by the Canadian Medical Association Journal, suggests the age of the child when injured may play a major role in recovery and that the common belief that younger brains are more elastic does not appear to be the case. What is painfully evident is that there is not enough information to formulate any solid theories about how to care for children with brain trauma or how to determine when and if to stop medical care.

The major issue when dealing with traumatic brain injuries in children appears to be what psychological issues they may sustain that do not manifest until later. When their motor skills recuperate, it may mask their psychological issues, largely because an injury at an early age may radically alter how the brain develops. While the recovery of motor skills is a cause for celebration, no one may notice the cognitive difficulties until further down the road.

The ongoing research into traumatic brain injury is encouraging in that it has the potential to open doors for adults and children. The good news is that there is more research into how head trauma affects children, as they are among the growing numbers of victims with brain injuries. Most children play a number of sports, such as hockey, football, soccer and volleyball. Each one of those sports has the potential for injury to occur.

One only has to look at the most recent lawsuits against the National Football League to know how playing football results in brain trauma or read about the suicides of sports figures whose constant exposure to concussions affected their ability to think normally. The world is not what it once was, and we need to look out for the younger crowd, as well as continue to make advances in medical science to treat head traumas in adults.

Head injuries are not just caused by playing sports. Many times a fall or an accident will result in brain damage. If that is the case, and you have been injured in an accident, seek the skills of an Austin personal injury lawyer who is familiar with handling head injury cases. He or she will know about the long-term effects of such an injury. Damages may be higher in traumatic brain injury cases. Speak to an Austin personal injury lawyer to find out what your rights are, and what to expect if you file a lawsuit.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

This is a twisted tale of a doctor, convicted of a bombing that nearly killed the head of the state medical board. That alone would be incredible enough, but there is more to this story. The doctor also was in court dealing with a wrongful death lawsuit. He lost and had to pay $300,000 to the family of a former patient who died in his care. The patient had been prescribed at least ten different drugs before her death in 2003. Her autopsy revealed she died of multiple drug intoxication.

The doctor in question had his license to prescribe narcotics suspended by his state board after several of his patients died from fatal drug overdoses. That is the back story for the rest of this case. Once suspended, the physician then decided to bomb the home of the state medical board chairman, responsible for the sanction. It was retaliation in the extreme and nearly caused the chairman’s death.

The suspension of the doctor’s license to prescribe narcotics was not the first sanction he had received. The man had a history of walking on the wrong side of the state’s medical practices law. There were two further instances in 2003 and 2006, when the state board issued sanctions. The latest out-of-control bombing behavior landed the rogue physician in prison for life on a conviction of a weapon of mass destruction count, among other charges.

Not all wrongful death cases have stories such as this one, but one should be aware that wrongful death does come in many forms, such as a drug overdose or bombing. The way the wrongful death transpires is typically not the issue when a victim’s family speaks to an Austin personal injury lawyer. The issue is whether or not there was negligence involved in the death of the victim. If there was, someone must take the responsibility for that negligence and its consequences.

For someone who has been involved in a situation where they lost a loved one, suddenly and as the result of another’s negligence, don’t second guess the legal outcome. Reach out to an experienced Austin personal injury lawyer and talk about your situation. There are many things you will need to know to make an informed decision about moving forward.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

The difficulty with traumatic brain injury is that many in the sports world still laugh about having their ‘bell rung.’ Many also pick up and get on with their game, not wanting to look less than macho on the field or ice. While macho might be fine for them, they are taking a huge risk with their mental and physical health. If you want to get up close and personal with a hockey player’s long journey to recovery from traumatic brain injury, search for information on Sidney Crosby of the Pittsburgh Penguins. Traumatic brain injury doesn’t just happen in hockey, as the story about Ray Easterling points out.

Just recently, defensive back Ray Easterling, best known for playing with the Atlanta Falcons in the late 70s, took his own life at the age of 62. On the field he took no prisoners and played hard; a real football hero with the right mix of aggression and intuition to make his sport seem effortless to others. He was watched with awe and envy by others wanting to be him when they grew up and went to college.

Easterling got banged up during his football years and suffered consecutive concussions that eventually led to mental difficulties for him. In 2011, he and six other former National Football League players filed a class-action lawsuit, suggesting the league withheld their knowledge of what frequent concussions would do to players.

Easterling, diagnosed with dementia last year, could not live with the changes he faced on a daily basis. He had struggled to deal with it, made changes to his life to work with it, and did the best he could to just be. He lost that battle one day, but his memory and his legacy lives on.

If anyone does not believe in the dramatic effect that serial concussions has on a person playing sports, you only have to read the stories of those dealing with the side effects now. While many currently involved in sports think that nothing like this could happen to them, they are wrong. It can happen to anyone, and the most frightening thing is that some concussions do not produce symptoms, but that does not mean internal brain damage has not been done.

If you suspect that you have been the victim of traumatic brain injury while playing sports, discuss your case with a qualified Austin personal injury lawyer. You need to know what options you have available, and how to move forward with your life. Be aware that traumatic brain injury happens in many other ways as well, such as motorcycle, bicycle, slip and fall accidents and exposure to concussive shock waves from explosions. If you are not sure if you have a case, contact a seasoned Austin personal injury lawyer and find out the lay of the land.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

This case happened during a world championship for powerboats, and resulted in the drowning death of a well known, long time racer, who was experienced when it came to this kind of sport. The man was at the helm of his race boat with the boat’s owner when it overturned during the final lap of the second race. The owner was able to climb through an escape hatch in the cockpit, but the race driver was trapped in his seat.

The driver was alive and not injured immediately after the accident, and tried desperately to free himself from his safety harness. He was able to breathe using an emergency air tank. Overhead, there was a crew of certified dive paramedics waiting to deploy. However, for some strange reason they were not given the okay signal to go ahead. Instead, the Association’s president designated two other untrained individuals as rescuers. He evidently wanted to save money and not use the trained rescue team.

The delay in appointing two other inexperienced people to perform a rescue resulted in the boat starting to ship and sink, shutting the hatch. The race driver ran out of air and drowned. The wrongful death lawsuit filed stated if the defendants had followed the specified rules, regulations and protocols for a situation like this, the driver would have still been alive. The suit further suggests that the president would not allow rescue personnel to perform pre-race safety checks to get to know the features on the race boats.

This is likely to be a complex case, fraught with he said/they said moments. In situations like this, that is virtually inevitable when so many people are involved and have so much at stake. Will this case win? It may. That will, in large part, depend on the kind of proof there is relating to the president choosing to use inexperienced people to attempt a rescue. This is where there may be a credibility issue that the court will have to weigh.

If you have lost someone you cared about and need information about filing a wrongful death lawsuit, do not hesitate to call an Austin personal injury lawyer. It is their job to assess the case and explain how a wrongful death lawsuit differs from criminal charges, and what to expect should a case go to court. For justice and equity, hire an Austin personal injury lawyer. It’s the best investment you could make.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

This case did not have to happen, but for a trucker who ran a red light because he was in a hurry. That decision cost four women their lives. They were on their way home from a birthday party, when they were broadsided in the middle of an intersection – despite the fact they had the right of way and the green light. Four families were left in shock. Relatives of one of the deceased women chose to file a wrongful death lawsuit against the trucker and his employer.

The statement of claim alleged that the trucker showed a wanton and willful disregard for the safety of others on the road. But more than that, the lawsuit outlines the trucking company had a history of leaky brakes on their rigs and a whole host of other mechanical issues that indicated poor and slipshod maintenance. In fact, the trucking company’s record for unsafe driving was cited as being far worse than 64.1 percent of all federally authorized trucking companies between 2009 and 2011, and its vehicle maintenance violations were worse than 71.4 percent.

The rig being driven that day was an accident looking for a place to happen. Whether or not the trucker did not stop because he wanted to get to where he was going sooner, or whether he elected not to stop because his brakes were not working, is a moot point. The decision to run the red light was negligent. The lawsuit seeks damages for pain and suffering, medical bills, loss of guidance, affection, support and companionship.

Will this case be successful? Chances are it will. The evidence is clear and compelling. The man ran a red light and was driving a poorly maintained truck with questionable brakes. He knew the rig was in poor shape, yet still drove it. His employer was also aware their semis were not properly maintained, and yet let them out on the road. It doesn’t much matter what the reasons were for why the trucker ran the red light. The fact is he did and that the resulting crash killed four innocent people.

Cases like this one are as near as one can get to being open and shut. The evidence speaks for itself and the Austin personal injury lawyer that handles this case knows precisely how to ensure the family gets justice. They have lost someone they loved and they don’t need to lose anything more, or be left in economic desperation by that loss. If you have been in a similar situation, do not hesitate to call a veteran Austin personal injury lawyer. That is their job, to help victims find some sense of closure and justice.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Just when you thought you had heard all there was about traumatic brain injury in football and hockey, you then find out this type of injury is prevalent in soccer. Players perform a move referred to as heading, which refers to using their head (sans protection), to redirect or stop a soccer ball. Soccer balls travel at very high speeds, and the force of impact on the skull tosses the brain around. The result? Concussion, also called traumatic brain injury.

While the cognitive impairment may be mild in the case of athletes heading the ball, if a string of these incidents were sustained over a period of time, the cumulative effect could be detrimental. Given the number of soccer players worldwide, this is an issue that bears investigation. Like football, the long-term effects of continually heading may not be known until later in a player’s career or if they donate their brains to science for study. For instance, renowned British footballer Jeffrey Astle, noted for his slamming headers, died of degenerative brain disease in 2002. His damaged brain showed the trademark signs of chronic traumatic encephalopathy.

In a smart move to be proactive, rather than reactive, researchers have published an article about heading in the January 2012 issue of Neurosurgery, indicating caution is the better part of valor. Since many young children play this sport, it would make sense to urge them to refrain from heading the ball until they develop the correct neck strength and proper body control to head a ball properly. Despite knowing the right technique, this is not to say accidents will not happen, because they do.

In anticipation of the debate growing even more strident, many soccer clubs are considering headgear of some sort to absorb the shock of the ball aS it connects with the skull. Soccer balls today are not made of leather, which may lighten their impact as leather is noted to absorb water that creates a deadlier head hit.

Even though those who play sports are playing with the knowledge that they may be injured, there is a line that should not be crossed. That line is the teams fully informing all players of the potential risks of playing the game, including the chance they may suffer cognitive impairment and death from cumulative head hits. You may recall that 21 former National Football League players filed a class action lawsuit against the league for not telling them that they knew about the risks of repeated traumatic brain injuries.

Generally speaking, if negligence is involved in a sport, such as not informing players of all the risks, there may be a good case for filing a lawsuit with the assistance of an Austin personal injury lawyer. Not all cases are the same, and each one has its own set of facts that will determine how a lawsuit may proceed. It is the Austin personal injury lawyer’s job to advise you if you have a case, if it stands a chance of winning and how you may expect your case to develop as it heads toward a settlement or a jury verdict.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

This on-the-job injury case involved a railroad worker. John Doe (whose name has been changed to protect the victim) had worked for the Kansas City Southern Railway Company for a number of years when he was involved in an accident.

The fateful event happened in 2009 when Doe, a section foreman, and his crew were removing broken rail of a section of track. Suddenly, the boom of the crane struck the ball of the rail still loaded in the rack of a railway section truck. The impact rolled it over the forks on the rack and the rail dropped like a stone to the ground. On its way down, Doe was hit and sustained severe back, neck and head injuries.

From that day forward, Doe suffered unbelievable physical pain and suffering, lost wages, mental anguish, loss of current and future earnings, diminished earning capacity and enormous medical bills that he was unable to pay. Doe hopes that his case will be successful, and that he will be able to recover enough money to take care of himself for the future.

Cases like this are tricky and may also involve worker’s compensation. In some states, a worker is not able to sue his employer because he is being paid workers’ compensation. Since this varies state by state, it is something that needs to be checked with an Austin personal injury lawyer if an accident like this takes place in Texas.

Workers’ compensation is always an issue when workers are injured on the job, but each case is different, so never assume you do not have a case or that you cannot get compensation. The details of the case need to be discussed in depth with an experienced Austin personal injury lawyer. As things currently stand, Texas private employers may choose whether or not they will offer workers’ compensation insurance to their employees. Typically, the employer is mandated to tell the worker if they have coverage or not.

Workers’ compensation pays the medical bills and covers a portion of a worker’s lost wages if they are injured on the job or are affected by a work-related illness and the employer has coverage under the Texas Workers’ Compensation Act, Title 5, Subtitle A, Labor Code. It can also cover for vocational rehabilitation and retraining when an injury prevents a worker from going back to their normal job, and they need to learn a new position to be able to work with a longer-term injury or disability.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

The 26-year-old man killed in this accident was out riding his bicycle on a nice day. He was an experienced rider, but that did not help him on that fateful day. The man had nowhere else to go but under a fuel tanker to try and avoid an accident. He would have made it, had the tanker not run over him.

How did something like that happen? The man was riding his bike south in the northbound lanes on a busy avenue. Alongside him was an 18-wheeler from a local fuel company, also traveling south, just about parallel to the bike rider. The trucker suddenly turned into the man’s path as he went to enter a parking lot.

There was nothing the biker could do but try and stop. He did not succeed, and his bike slammed into the tanker, sliding under the truck. A wrongful death? Yes and the young man’s family filed a lawsuit asking for compensation for medical and funeral expenses, pain, suffering and the loss of companionship of their son.

Was there negligence involved in this case? Yes, the trucker turned into the man’s path without taking due care to check his mirrors. After all, he had just been riding side by side with the cyclist minutes before he was killed. Was there something going on in the truck’s cab? There may have been, and only an investigation will tell. The trucker may have been texting, talking on a cell phone or leaning over to pick up papers on the floor of the cab.

What is painfully clear is that the family left behind is beside themselves with grief. Their son just went for a bike ride. They did not expect that they would never see him alive again. Filing a wrongful death lawsuit is one way to bring closure and move forward with their lives. Often people think wrongful death lawsuits are about revenge. They are not. They are more often than not about a family wanting to make sure a similar incident does not happen to someone else.

The family’s pain and shock often translates into concern for the welfare of others, not their own financial gain. In many cases such as this, though, there is often insurance money on the table, and the trucking company would be insured. Working in partnership with an experienced Austin personal injury lawyer would assist the family in facing the challenges to come as their case makes its way through the courts.

Never hesitate to contact an Austin personal injury lawyer if you find yourself involved in a situation like this. You need to know your legal rights, what constitutes a wrongful death, how compensation is awarded, and what to expect while you are waiting for a judgment.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Unfortunately, even with the latest push to improve big rig safety, there are still far too many devastating accidents taking lives, and often taking them in a grisly fashion. The difficulty is that many passenger vehicles do not seem to understand or appreciate that driving a huge commercial truck is not like driving a smaller car. They are far more difficult to maneuver, do not stop quickly, and cannot see you in certain blind spots.

Most commercial trucks easily weigh more than 80,000 pounds. On the other hand, passenger vehicles may weigh about 3,000 pounds. It does not take too much imagination to realize that 80,000 pounds slamming into 3,000 pounds means a disaster, often one in which someone loses their life. Their enormous weight is why it takes them longer to stop. The forward momentum of that much weigh just keeps going until the brakes kick in.

Another factor that most do not think about is that many truckers are hauling hazardous cargo such as flammable material, making how they drive much more of a safety issue. A truck loaded with gas or other highly flammable materials stands a good chance of exploding if it is involved in an accident. This may mean death in a fire or severe burns and respiratory issues.

But these wrecks are not accidents. Most are caused by decisions made months or years earlier by trucking companies trying to maximize profits. The pressure of an employer breathing down their necks is often another reason why truckers get into accidents. The truth is that many truckers drive for too long, are tired, distracted and not fully alert and aware. So they may drift off behind the wheel.

Truckers are often expected to do their deliveries as fast as they can to make the company money, skip proper maintenance checks to make their trips quicker and falsify log books to show they had the requisite number of sleep breaks, when they did not. Similarly, trucking companies often shirk their responsibility to properly train their drivers or to hire experienced drivers in efforts to save costs. These conditions virtually guarantee an accident waiting to happen.

Even with the latest move in the trucking industry to ban cell phone usage, and calling and texting while on the road, accidents caused by these very actions are still happening. Some truckers, feeling like nothing will happen to them, are still driving while distracted. This is a recipe for an accident.

Trucking accidents may become even more of a problem for residents of Austin and other Central Texas towns. The federal government recently began allowing trucks from Mexico to travel deep into the United States. Many of these trucks, which might pose an even bigger risk than domestic trucks, will be traveling through our area along I-35.

No matter what caused a truck accident that you may have been involved in and no matter where it happened, make the first phone call for legal help to a seasoned Austin personal injury attorney. With their help, you will be able to recover the compensation you need to cope with your injuries. An Austin personal injury attorney’s job is to help protect your rights and help you through the courts to get justice.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Death comes in many forms, and this bizarre case is no exception. A 14-year-old student at a local high school was unexpectedly killed in an accident when a wall fell on him. He was doing pull-ups on the wall in his locker room that had initially been built in 1990.

Even though emergency response crews got to the scene fast, the young boy’s heart stopped before he could be taken to the hospital. He was later pronounced dead.

The accident report did not indicate what possible reasons there may have been for the interior wall to cave in on the boy. The boys in the room were not fooling around or doing anything else that would have caused a wall to fall. There was one other student in the locker room at the time of the cave-in and several others rushed into the room to start removing the heavy cement blocks from the boy’s body.

The police are going to be asking a lot of questions relating to this incident, not the least of which is whether or not the walls of the locker room were regularly inspected, if there had been any leaking or shifting of the building that may have affected the interior wall, and whether there was other work happening in the building that may have affected the wall.

If any of the answers to those questions comes back that the school was aware of other issues in the building that they should have known about and/or should have known would affect supporting walls on the interior, they may well be cited as an at-fault party for their negligence in maintaining the building’s safety. Another issue the investigation will also cover is whether or not the wall was designed and built correctly in the first place with the right kind of materials, and not slapped together with shoddy cement bricks that were not up to building code requirements.

Although it is an odd case, it is considered to be a wrongful death and as such, the boy’s family may wish to consult with legal counsel about what rights they have. Even though this is a difficult thing to consider, it is a wise move for the family, as it does, in some measure, assist with closure and may serve as a lesson to others to keep their buildings maintained with safety in mind.

If you have been in similar situation, or have been injured because you were in the wrong place at the wrong time, take the first step in seeking justice by calling an Austin personal injury lawyer. Accidents like this may look like one thing on the surface, but on closer inspection be something else entirely. An Austin personal injury lawyer knows this and will listen as you recount the details of how you sustained the injuries.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

One million head trauma cases in the USA every year is a sign that something needs to be done to reduce the occurrence of this type of injury. Something also needs to be done to speed up the diagnosis of a brain injury, other than by visual signs so the victim does not wind dead.

There is some exciting news out of Cleveland about a new test that could indicate the presence of concussion, and if it lives up to its potential, military personnel may benefit from it too. Far too many of our young men and women are returning from various wars and victims of head traumas and concussions from IEDs. Since it is an unseen injury, cognitive behavior is often attributed to post traumatic stress or other things. If there was a way to confirm what was going on inside their brain, it may help them get the proper treatment faster.

Doctors at the Cleveland Clinic are running blood tests on local college football players for a protein that indicates a concussion. This new test screens samples to find out if they have a protein that is known to leak into the blood after a head injury. Should the study confirm the predictive value of that protein, it could mean just a simple blood test to confirm concussions, instead of a very expensive trip to the ER and an entire battery of tests.

While this test has the potential to revolutionize a traumatic brain injury diagnosis, it does not address how the players got a concussion in the first place. There are certain risks inherent in playing sports, but those risks should be revealed and discussed with players. Although players are becoming more aware of what concussions mean, there is still a long way to go to educate coaches, owners, players and parents about the real risks of multiple blows to the head.

Until the sports world as a whole decides to banish the macho image of athletes, players will continue to get hurt, sustain concussions and end up with cognitive difficulties at some point in their life. They may even commit suicide as recent events in the NHL have shown. Will education win the day? That is a hard question to answer, as there will always be those who think that fighting, tackling and head shots are cool, and that nothing will ever happen to them.

But when it does happen to them, they will need the expert advice of a seasoned Austin personal injury lawyer about how to file a lawsuit. If a player has been hurt and put back into play, it is time to discuss the situation with legal counsel.

Same goes for military veterans who deserve to know about their injuries. It is better to know where you stand before the trauma takes its toll. Making a call to an Austin personal injury lawyer will update you on the latest in this area of personal injury law. It is a call well worth making.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Unfortunately, with the current attitude in many sports that playing through pain is a given, too many players are placed back into risky situations despite the presence of concussions and other brain injuries.

This is a problem that occurs in many sports. It could happen in soccer, football, polo, basketball and volleyball as well as cheerleading. Lately, consistent concussions over a period of time and the consequences for athletes have been making the news, and not in a good way. National Hockey League enforcers Wade Belak, Rick Rypien, and Derek Boogaard died as a result of chronic traumatic encephalopathy (CTE).

CTE causes depression and all three enforcers, not to mention other notable players, have suffered the detrimental effects of CTE. Some are still alive to discuss how they cope with the mental and emotional issues they have. Others, like Belak, Rypien, Boogaard are dead. Their brains were examined for the presence of excess tau protein, a telltale sign of CTE.

Concussions happen all the time when kids and older adults are playing contact sports. It’s the manly thing to do, and they accept that they will get hit hard every now and then, including their head. But this is far more serious than the nonchalant reference to concussions being disorienting. It can kill, and the latest research points out that it may not even take a concussion to trigger a CTE.

It was once thought that continuing to play after sustaining a concussion was the major cause of CTE and other dementias. Now, the latest information from a Purdue University study in the Journal of Neurotrauma is that if a player sustains multiple blows to the head, every game played even without concussion symptoms, can still cause a CTE and long-term brain problems, including progressive dementia.

The word is getting out about this and you can see that in the latest court cases. For example, in July 2010, 75 former NFL players sued the league, suggesting they knew about the long-term effects of many blows to the head for at least 90 years, and it did not warn them or adequately protect them. Furthermore, the suit also suggested that it was not until 2010 that the league indicated that concussions can lead to CTE, memory loss and dementia.

You can expect to see an increase in lawsuits in this area of the law as more information becomes available on the causes and effects of CTE. If you have sustained a head injury or concussion, nothing was done about it, and you were put back into the game, talk to an Austin personal injury lawyer about your options, particularly if you are having cognitive difficulties. It is too important not to take action and find out about your legal rights.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

It goes without saying that playing sports is a big part of going to school. Volleyball, basketball, football, hockey, and soccer are some of the most popular sports. Kids risk sustaining serious injuries if they have a concussion while playing sports. A pattern of concussions during youth has an impact on cognitive functions later in life. Those who continue to play sports face the reality of dying if they get hit once too often.

Although head injuries seem to be quite prevalent in just about any sport, there is not a lot being done about it. It is talked about and many people worry; yet, there is not much in the way of training and education about the seriousness of head injuries and prevention.

New Jersey recently introduced a bill into the legislature that would mandate athletic coaches to actively participate in a head injury prevention training program. It is about time. Kids are our future, and we need to not only protect them from serious head injuries, but train and educate them about what traumatic brain injury is, how to recognize it, avoid it if possible and how to deal with it should they get hit. With enough people supporting the bill in New Jersey, the program may start to be utilized in other states, even Texas.

While it is true that anyone may sustain a head injury, athletes are more likely to get thumped in the head because of the nature of the games in which they participate. Most often, head injuries are the result of a blow to the head or even being violently shaken. Any blow to the head has the potential to result in a concussion, which is an injury that alters the way the brain works. Even if the injury is mild, there are still long-lasting repercussions. Moderate to severe injuries have the potential to lead to a vegetative state and death.

Will the New Jersey bill do what it is intended to do? That is a tough question, but so far it looks like it may be off to a good start. However, the bill excluded cheerleaders because what they do is not considered to be a sport, but is classified as an activity. That is odd, given the well-documented fact that cheerleaders many protests.

For instance, many will recall the pyramid stunt and the media frenzy in 2006 when Kristi Yamoaka sustained a fractured vertebra after she fell from a human pyramid and hit her head doing this stunt. She suffered a concussion and badly bruised a lung. Although she eventually recovered, not everyone is as lucky. Thankfully, the protests paid off and cheerleaders were subsequently included in the bill. If every state had a bill like this, head trauma incidents might just decline.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Just recently, the state of Alaska conducted an analysis of the number of traumatic brain injuries in that state. It seems the state has a significant record of being the region with the highest hospitalization rates for this kind of injury and that Natives are more likely to suffer brain injury than other Alaskans. This particular study triggered a widespread concern for ensuring that long-term treatment options were in place since traumatic brain injuries do not heal, and victims need to know how to cope with it.

Traumatic brain injuries are not just like other medical conditions, in that you are cured in a hospital and leave with a clean bill of health. That is not the case. Brain injuries are chronic and may haunt a person for the rest of their lives. It takes a lot of work over a long period of time to recover from a brain injury and be able to manage it.

Traumatic brain injuries typically result in higher damage awards in accident cases, largely because the person’s life has been dramatically altered, and in some cases catastrophically altered. Unable to care for themselves and perhaps even cope with daily living tasks, victims of traumatic brain injury have a long and frustrating challenge ahead of them. While they may successfully achieve partial recovery, the fact is that brain damage is permanent.

Head trauma does not just happen in a car accident. It may be the result of riding a snowmobile, ATV or motorcycle. It may come about as the result of a slip and fall, or it may be the result of an injury sustained playing sports. If the injury is the result of someone else’s negligence, that person needs to be held responsible for monetary damages.

Cases like this are tough, largely because they involve a great deal of medical detail. Plaintiffs are often upset and frustrated with their new reality and frightened at the prospect of not being able to care for themselves. For those who have sustained a brain injury, don’t wait to talk to a competent Austin personal injury lawyer. That one phone call will ensure you know your rights, how to proceed to court and what to expect in terms of compensation.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Recovery from traumatic brain injury is often a long and exceedingly slow process, if it can be accomplished at all. Time is of the essence in cases like this, but in special cases, like this reported case, the damage is done and the victim is left to wait for medical help later.

The 14-year old boy who needed skull surgery to piece his skull back together was a victim of the EF-5 tornado that ripped through Joplin in May 2011. He had to wait for his surgery and in doing so lived for a while with two sections of his skull. He also needed to have four inches of his brain removed due to severe damage. Doctors were not certain how well he would do, as they estimated his mental acuity as being that of an 8-year-old child.

This child is at a point where surgeons can attempt to reattach the shattered pieces to protect his brain, which swelled after the initial injury. It’s one more step closer to the boy’s dream of being able to ride horses once more and play his favorite sport of soccer. This boy isn’t the only one that sustained severe head trauma as a result of that horrific storm. There are many other children facing similar surgeries.

Surgeries like this one are high risk. That is a virtual given before anything is attempted. But what other options might there be for kids like this one? They need medical help and they need to get on with their lives. If the medical assistance and surgeries go well, the child may have a good prognosis for the duration. If something goes wrong during surgery, such as a wrong medication, too much or too little anesthesia, improper monitoring, a slip of the surgeon’s knife or an operation conducted on the wrong patient, the patient is then the victim of medical malpractice or a wrongful death.

Don’t take the chance that your child may have been harmed or killed by a negligent doctor, nurse or hospital. If you have questions, doubts, fears and need answers, make your first point of contact an Austin personal injury lawyer. Your first meeting is free of charge and you can find out what you need to know by asking the Austin personal injury lawyer what medical malpractice is and how it relates to a wrongful death lawsuit.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

It seems no matter where one goes or what one does these days, there is a need to be alert and aware at all times, whether driving or crossing the street. Without that cautious awareness, the ultimate price may be death. That is what happened in this disturbing hit and run case.

Hit and runs are perhaps the most reprehensible of all pedestrian versus car accidents. If the victim dies, the family will have trouble filing a wrongful death lawsuit if the police are not able to track down the guilty driver. Unfortunately, that happens far more often than we would like to think. We would like to think that justice would be done in all cases of a wrong being perpetrated. That does not always happen.

In this case, a 19-year-old woman was crossing the street in a designated crosswalk area when she was hit by a new white or gray SUV. There were two witnesses at the scene who were able to tell the police that the van appeared to be new and either white or gray. They were not 100 percent certain as to the color, as the accident happened at 10:30 p.m.

The van’s driver did not stop and sped away from the area, leaving the young woman to die in the middle of the street. She was dead when the EMS crews arrived. No doubt her family will want to pursue this case with a personal injury lawyer. This wrongful death should never have happened. But for the negligence of the van driver, this young woman would still be alive today.

In wrongful death cases like this, the family will want to know what they need to do to bring their case to justice. They will want to hold someone responsible for the death of their family member so that it will not happen to someone else. Wrongful death lawsuits are rarely about getting even with the defendant. Instead, they are about the family seeking emotional, mental and financial relief to be able to move on with their lives.

Often, insurance money is an issue. Without the help of a skilled Austin personal injury lawyer, a plaintiff may not get the financial award they deserve. Do not wait too long to speak to an Austin personal injury lawyer if you have been in a similar situation. There is a statute of limitations running from the time of the accident. Ask your lawyer what that is during your first free consultation. You will leave knowing exactly what needs to be done to move forward with your life.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

It was a relatively ordinary day, and the school kids on the two buses were coming back from a function they had attended at a local university. The 60 students and their two teachers did not see the accident coming, as it happened without warning.

An 18-wheeler seemingly appeared out of nowhere and sideswiped the first bus, then rammed head-on into the second bus. The debris was all over the highway and EMS crews struggled to get at least 17 students to area hospitals any way they could. Fortunately, at first blush, the students’ injuries didn’t seem to be too serious, but time would tell. Unfortunately, the two teachers and the trucker were killed on impact.

The police reports indicated that they did not know what happened to cause the semi to crash into the two school buses, but they are investigating more to find answers. They want to check the driver’s log books, the on-board computer, whether or not his cell phone was in use at the time of the accident and whether or not he was driving under the influence of drugs or alcohol.

While this particular accident is unique to its locale and in its circumstances, all across the nation, similar accidents happen nearly every day. When a big rig goes out of control, the results are never pretty. Often they are fatal and if by some miracle they are not, the injuries sustained by the victims are so catastrophic that they will never again been the same people they were prior to the accident.

Anyone who has survived a big rig collision and walked away to tell the tale is uncommonly lucky from the standpoint of being alive. Others feel they would rather have died in the crash than to live they way the have to live now because of their debilitating injuries. This is where a skilled and compassionate Austin personal injury lawyer is needed to pick up the pieces and move forward to court and to justice.

Severely injured victims need the skills an Austin personal injury lawyer brings to the table to help them secure a high enough damage award to be able to pay for their ongoing medical care for the rest of their lives. By the time they get to court, they will have also racked up hundreds of thousands of dollars in medical bills, therapy, medications, etc. Very simply, they need the jury verdict to help pay for the financial carnage their lives are in, as a result of their accident.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

It used to be that everyone got to where they were going by just walking there. If they had anything to say to the person when they arrived, that was when the conversation took place. Cell phones had not yet been invented, and no one seemed to miss being out of touch with others. It was just the way life was back then. Now, with the advent of cell phones that do just about everything, staying in touch is not only easy, it may also kill.

Many people do not see the harm in texting while walking. After all, they are safe on the sidewalk, mall or wherever they happen to be headed. But, are they? Consider the case of the young teen who was texting her boyfriend about their planned date, when she walked out between two parked cars, right into the path of an 18-wheeler. The cell phone survived the impact. The young girl did not. Was her life worth texting dangerously?

What about the case of the young man who was walking down the stairs at work and texting his buddy about their weekend plans? Because he was not paying attention to where he was walking, he missed the last two steps, fell hard and hit his head on a cement floor. His cell phone survived the impact. He sustained traumatic brain injury. Was his forever altered life worth texting dangerously?

If you do not think texting and walking is a big deal, because maybe, nothing has ever happened to you, consider the emergency room statistics across the U.S. that show over 1,000 pedestrians have needed emergency medical care because of texting and walking accidents. Each year, the numbers go up, not down. While texting and walking is not a smart thing to do, texting and driving is markedly worse, as you can kill someone else by negligently not paying attention to the road. Be smart and above all, be safe.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Unfortunately, the world has come to be a place that is not safe for our children, especially at school. The incidents of harassment and bullying are at an all time high in many American schools. It is actually to a point where it has gotten out of hand. It makes you wonder what happened to the time when you went to school and, while you may have had disagreements with other kids in the class, you were rarely harassed or bullied because you might have been different.

Things have changed in the schoolyards of today, and they have not changed for the better. Consider this case of a 9-year-old boy who committed suicide at school because he was being unmercifully harassed and bullied by other kids. When this happened last year, his parents chose to file a wrongful death lawsuit against the school and the school district.

The foundation of the lawsuit was that the school did not protect their son from the misery he suffered on a daily basis. The young boy had a lisp and a learning disability, and these two things combined made him an easy target for others. He was constantly being taunted about being “gay.” The other kids would not leave him alone. Kids with learning differences (identified and unidentified) are bully magnets.

One day, the Texas-born child hanged himself in the nurse’s bathroom at his school. The parent’s lives have never been the same since that fateful day in 2010. Was the behavior of the other children teasing or bullying? Is there a distinction? This was, in fact, bullying, and there is a distinction between that and teasing. In bullying, the main purpose is to hurt and isolate another, whether physically, emotionally or socially. It is usually directed at an individual and is often excruciatingly relentless to the point of being emotional torture.

When teasing happens, the people involved are having a good time, laughing, trading funny remarks back and forth and it all stops if someone feels hurt or uncomfortable. Usually, if it is teasing, a person who crossed the line with something will stop and apologize, and the world goes on.

Is a wrongful death lawsuit the right way to handle a tragic case such as this? Yes, someone needs to be held accountable for the life of a 9-year-old boy who trusted his school environment would take care of him and support him when he needed help. Instead, he was ignored even while the bullying continued.  He had nowhere to turn, and finally, out of desperation, he took his own life.

Wrongful death lawsuits typically deal with a claim that a victim was killed as a result of the negligence or other unjust action of another person or entity. The victim’s survivors are entitled to compensation as a result of their actions or inaction. A wrongful death claim is not the same as a normal personal injury negligence lawsuit in which a person who is hurt receives damages for their injuries.

At one time, wrongful death claims did not exist, largely because it was felt their death claim died with them and the victim could not be compensated. This meant surviving family members could not claim compensation from the person responsible for their loved one’s death. Eventually, all states passed wrongful death statutes that now provide compensation.

Each state drafted their own versions of a wrongful death statute, and thus, there are often different criteria to be met depending on where your claim is filed. Generally speaking though, there are four elements involved in a wrongful death claim: the death was caused by the conduct of the defendant; the defendant was negligent in causing the death; there is a surviving applicable family member and that monetary damages have been incurred because of the person’s death.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

There is no recovery from traumatic brain injury, at least not in the sense that we know it. While TBI may be diagnosed as mild, it will still mean impairment of various functions for the rest of the person’s life. TBI is generally a matter of degrees; degrees of frustration and degrees of how one’s life has been turned upside down as the result of an accident. Those with brain injuries often need the help of an Austin personal injury lawyer to take their case to trial to get a fair and equitable award.

Just how does a car manage to hit a pedestrian in the first place? Are they not on the sidewalk, up out of harm’s way? Typically, most pedestrians are on the sidewalk, but they may also be in the middle of a crosswalk, standing on a street corner, waiting for a bus, getting off a bus, walking out from behind another vehicle, walking under the influence, walking while texting or talking on the cell phone or walking with headphones on, not able to hear traffic.

Certainly, some of the above mentioned scenarios would be conducive to the likelihood of being hit by a car or other vehicle. In some of those situations, the pedestrian may well be the author of his or her own misfortune. For example: if the pedestrian was wearing dark clothing at night and was jaywalking, chances are any lawsuit filed in a case such as that would either not succeed, or succeed with proportionate liability.

Many times however, an accident involving a car and a pedestrian is not the pedestrian’s fault and comes about as the result of speeding, distracted driving, DUI of alcohol or drugs, failing to obey traffic signs and/or lights, ignoring pedestrian crosswalks or a mechanical defect that causes the driver to lose control of their vehicle.

Consider the case of the 78-year-old woman who was about to step off the curb into the designated crosswalk and was hit by a car driven by an 18-year-old teen who was speeding to get to his track meet at school and texting his buddies at the same time. The woman sustained severe traumatic brain injuries and is now in a wheelchair and reliant on the care of others. A once vibrant and active senior had her life turned into a daily struggle due to the negligence of another.

Traumatic brain injuries are often referred to as catastrophic injuries because they drastically change lives and victims will never be the way they were prior to their accident. This means their compensation tends to be higher when they go to court or negotiate a settlement with the assistance of an Austin personal injury lawyer.

If you have been in an accident like this, take the time to discuss your case with a skilled Austin injury lawyer. It will be the best investment of time you will ever make. Additionally, it will change the way you live your new life, with enough compensation to pay for your care.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

While you might like to think that every other driver on the road is alert and aware and takes great care and caution while driving a deadly vehicle, this is not always the case. In fact, far too often, the news is full of accident reports that list various injuries and deaths as a result of someone not paying attention, texting while driving, driving while drunk or driving recklessly. It does not take much to lose control of a car when you are drunk and/or high on drugs.

Consider the case of a high school teacher, fired from his position for drug use, out on a tear on the highway and driving in the wrong direction. As you might imagine, the end result of that lark, begun under the influence of drugs, resulted in a horrific head-on crash with two vehicles. It was not pretty.

The teacher was treated at the scene and taken to the hospital after he was arrested. EMS crews took the survivors for medical attention. Turns out, the police report detailed that the man was charged with DWI/DUI, criminal possession of a hypothermic needle and criminal possession of a controlled substance. The man was also found to have at least two prior convictions for drunk driving and drugs.

Would the estate of the victim, who did not make it out of that crash alive, have a wrongful death case? Most likely, yes, they would. There would be more than enough evidence to suggest to a jury that there was egregious behavior that cost someone his life. The police report alone would speak volumes about the driver’s state of mind and attitude the night of the crash. An Austin personal injury lawyer could use this report in court on behalf of a victim.

In a case like this, the criminal charges would need to be dealt with before a civil lawsuit may be filed. This would mean a possibly lengthy wait before the wrongful death suit could be launched. Additionally, in the unlikely instance that the driver was found not guilty of the charged offenses, they could still be tried in civil court, as a wrongful death suit is filed under the auspices of a statute and not the criminal code.

If you have been in a similar situation, call an experienced Austin personal injury lawyer and do not wait too long to do it. There is a Statute of Limitations for filing wrongful death actions and it would be wise to know what that is before you lose the right to sue.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

There is a difference between a slip and fall and an elevated fall. The slip and fall, a quite common case in personal injury law, tends to happen then someone is on another person’s property and they slip or trip on something – say a liquid spill, uneven terrain or broken, unsafe stairs – and are injured. In cases like that, the plaintiff has options to pursue a legal remedy by suing the company, manager etc., for failing to remedy the dangerous situation. Cases like this are often handled by an Austin personal injury lawyer.

Generally speaking, most slip and falls are not fatal. On the other hand, elevated falls are a different can of worms. These types of falls happen when someone plummets from a high place. If the fall happened while the individual was working, they may be eligible for compensation. Falls like this are very common on construction sites, due to the nature of the work and location of the workers (for example, on a roof, on a crane or on a scaffold).

Elevated injuries are also noted to happen in sports related activities, such as a gymnastics or diving. If the instructor or coach was negligent and that negligence caused a fall, they may be sued for personal injuries or a wrongful death. Another example is if someone tripped and fell off a deck or balcony. The one thing to keep in mind is that if an elevated fall was caused by being under the influence of alcohol or a drug, this is usually a large factor in personal injury cases; a factor that may end up with the plaintiff being assessed a certain percentage of the liability for the fall.

Typically, elevated falls end with far more serious injuries than other personal injury cases. While there are exceptions to that rule, generally speaking, the injuries for those that survive are far more severe and/or permanent. This means more compensation because of large medical bills, rehabilitation costs, missed wages or lost wages and pain and suffering. If the injury is life-altering/permanent, the damages may be even higher. This is why you need to speak to an Austin personal injury lawyer to have your injuries assessed.

If you have been badly hurt in an elevated fall, speak to a skilled Austin personal injury lawyer for help. You will need to know what to expect if you choose to file a lawsuit and you will want some kind of idea of the compensation you may receive based on the nature and seriousness of your injuries.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

It goes without saying that accidents happen, particularly in the construction industry. If an accident does happen and a worker is injured and the injuries are directly linked to a mistake the employer made, the worker usually has a successful accident claim; a claim that can be handled by an Austin personal injury lawyer.

Typically, it would be better if the working conditions on a construction site were implemented with safety first and foremost to avoid accidents in the first place. That doesn’t happen in many cases, as the bottom line is often related to making money and being on time, not whether the workers are safe.

Unfortunately, people being people, money often comes before safety, and the fatality statistics reflect that. For instance, did you know that construction accidents result in the highest number of fatalities? In 2008/09 alone, 29.4 percent of all the fatal injuries were in the construction industry. While the numbers are apparently going down, they still reflect a large number of people who are no longer with us and families that are still grieving for their horrendous loss. To get fair and equitable compensation for the construction death of a loved one, it’s advisable to hire an Austin personal injury lawyer.

Often when you get good news, there is bad news as well. The construction accident statistics are no exception. On one hand you have a 36 percent reduction in major injuries in 2008/09. On the other, even in spite of the reduction, there are still more major injuries sustained by those who work on construction sites that there are in any other main industry group. Is safety on the job becoming more of a priority? It appears it may be, but there are still a high number of serious and fatal accidents.

Generally speaking, the most common types of injuries that are sustained on a construction site involve handling material, slips, trips and falls, falling from a height (e.g. from scaffolding), run-ins with moving or falling objects, electrical mishaps, collapses, trenching incidents, overturns and poorly maintained or unsafe equipment. If you have been in an accident on a construction site, then you need legal counsel to advise you of your rights and how to file a lawsuit.

So far, we have been discussing the number of serious accidents that tend to happen on worksites. What about the not so serious ones? Unfortunately, these are not always reported or are downplayed, which may work well for the company’s safety numbers, but will ultimately be disadvantageous to the worker who may lose out on compensation. Sadly, the under reporting may also be due to lack of education about filing legitimate work injury claims, whether they are serious or not.

The bottom line is that even though a workplace injury may not be serious, the worker is entitled to file a construction injury claim. If they don’t, they are missing out on compensation that is their right. When in doubt, ask for legal assistance from an Austin personal injury lawyer and find out what your rights are and how to go about filing a claim.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

It’s not a secret that medical malpractice lawsuits are growing every year, despite some states capping a victim’s award. Companion cases to medical errors made by surgeons, doctors, nurses and dentists are pharmaceutical mistakes that are growing by leaps and bounds every year. In fact, close to 1.3 million people will die in the U.S. this year as a result of incorrectly prescribed or wrongly filled prescriptions.

“This is alarming, as just about everyone you may know has taken or is taking some kind of pills prescribed by a doctor. Taking drugs is a common daily occurrence for just about three quarters or more of the population. Consider what would happen if the drugs you are taking cause deadly side effects because the dose was wrong or it was the wrong drug? It’s happened, because humans make mistakes, whether they are medical professionals or not,” said Brooks Schuelke, an Austin personal lawyer with Perlmutter & Schuelke, L.L.P.

Those taking their daily medications might want to pause and read the label closely, just to make sure it is the correct drug in the proper dosage. They might also want to double check any prescription they are handed by a doctor to verify what they’re being told to take and why, and then check again at the drug store to see if the right drug is dispensed. It’s not too far-fetched to find that the drug in the bottle is not the one it is supposed to be, because they looked similar on the shelf.

Pharmaceutical errors happen just about anywhere within the medical system; in a hospital room, in a nursing home, at the drug store and in the doctor’s office. Medical professionals are human and humans make mistakes, despite their best intentions. Taking the wrong pill has the potential to cause grave side effects or even death. Once someone takes the wrong pill or wrong dose, it’s in the body and it can’t come out.

“The bottom line is that we trust our doctors and medical professionals to do what is in our best interests. We trust they understand the effects of the drug they want us to take and that they prescribe drugs that won’t harm us. In this day and age, it’s best to be your own advocate when it comes to keeping track of your medications. It’s your body, your health and your life and you want to get it right,” said Schuelke, the Austin personal injury lawyer.

For those who have suffered as a result of pharmaceutical negligence, consult with a seasoned Austin personal injury lawyer to find out about eligibility for compensation for pain and suffering and mental and emotional trauma.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

A very recent study on heart attack diagnosis released by the Physician Insurers Association revealed that malpractice in this area is quite high among family practitioners and general internists. They have the highest number of med mal claims and the highest average indemnity payments of any group of doctors.

“What this suggests is that heart attacks are difficult to diagnose because the symptoms can mimic a wealth of other conditions,” said Austin personal injury lawyer Brooks Schuelke, of Perlmutter & Schuelke L.L.P.

The study also indicates that acute myocardial infarction is the third most expensive medical condition that often ends up in claims against doctors, following closely behind birth injuries involving brain damaged babies and breast cancer. The numbers in this study reach back to 1985 and show that the insurance companies in the study paid out on 349 cases relating to heart attack misdiagnosis with a total indemnity of more than $91 million.

“There were 27 insurance companies that took part in this study, so if you extrapolate to include other insurance companies over the same period of time, the number of heart attack cases would be significantly higher, along with the final indemnity statistics. What that means is the rate of misdiagnosis for heart attacks is alarming and if you have had this happen to you, you will want to discuss your case with a skilled Austin personal injury lawyer,” Schuelke said.

The group with the highest number of claims filed (160 of 423 defendants) were general practitioners, often referred to as family doctors, followed by internal medicine medical professionals, who took the lead in indemnity payments, averaging roughly $252,100. The patient demographics indicated that at least one-quarter of the total payments (16 percent) were made to those under the age of 40, and 47 percent under the age of 50.

“For people in those age ranges, with a lot of living left to do, being misdiagnosed for a heart attack can and has resulted in fatal consequences,” Schuelke said. “The biggest concern is that the symptoms are clever mimics of other diseases. Having a heart attack and not being diagnosed correctly has become one of the most frightening situations to be in today, as the symptoms may be mistaken for gastrointestinal distress, a respiratory problem like bronchitis, asthma, anxiety or pneumonia.”

The best advice for someone who feels their heart attack was misdiagnosed as something else and that this medical error gravely affected their life is to speak to a seasoned Austin personal injury lawyer and find out precisely what can be done to move forward.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

The injuries that have the biggest impact on a person’s life are those referred to as catastrophic. Catastrophic means that the injuries are devastating, usually permanent and are life altering – the person’s life will never be the same again. The injuries don’t just impact the victim; they also impact the victim’s family and friends, for the simple reason that those are the people who usually end up caring for the victim in the long-term.

Typically, catastrophic injuries are the result of accidents that happened without warning; a car accident that came out of the blue, a run-in with a tractor trailer unit, a motorcycle accident that results in spinal cord injuries, a bicycle accident that leaves the victim with traumatic brain injury or a medical error that results in a patient being unable to breathe on his or her own.

The bottom line is that any injury or condition that causes impaired functioning of at least one crucial bodily function or the permanent loss of the ability to work is classified as catastrophic. This is the classification used when an Austin personal injury lawyer takes a case to court for a badly injured client to secure them compensation.

Some of the injuries that are categorized as catastrophic are brain injuries, blindness, multiple fractures, total or partial amputations, severe and disfiguring burns, spinal cord injuries and other neurological disorders. These injuries cause huge disruptions/impairment to one of more of a person’s bodily functions such as the muscular, skeletal or neurological systems. In some instances, more than one system is affected, which is completely devastating to the victim.

Take the case of one young man who was working on a construction site when the scaffolding he was on collapsed. He plummeted over 100 feet to the ground and landed on his head. Although he survived, he is now a spastic quadriplegic. His accident was the result of negligence on the part of the construction company he worked for in not adhering to the safety regulations to maintain and regularly check the scaffolding. His injuries are life altering and permanent. He will require around-the-clock care for the rest of his life.

Also, consider the case of the young woman who worked in a gas plant as a control operator. While on shift one day, she discovered one of the burners was not working properly. She told her shift supervisor she would re-light the burner. The burner exploded and the woman was catapulted across the room and slammed into a wall. Her hips were shattered and her spinal cord severed.

She is now a paraplegic and will never walk again. The gas plant was negligent in not properly maintaining its equipment. As a result of that negligence; this young woman paid the supreme price of her mobility. Her life will never be the same again.

These cases are examples of the many things that can and do go wrong every day across the nation. Unfortunately, catastrophic injuries happen far more often than we may care to admit. Negligence tends to stalk a great many places. While there is no real way to avoid someone else’s carelessness, if you find yourself in a situation like the ones we discussed, consult an experienced Austin personal injury lawyer. You need to know your rights and you need adequate compensation to live your life.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Usually, when people see a trucking accident, they immediately assume that the trucker was the one at fault. In some cases, that assumption might be accurate. In others, not so much. Perhaps the driver did make a mistake, but when it comes to big rig accidents, there are a number of behind-the-scenes people who may play a role in the overall big picture of a lawsuit filed by an Austin personal injury lawyer on behalf of an injured client.

Put another way, there just may be an entity behind the scenes liable for the conditions that led to the accident in the first place. For instance, companies that hire truckers are responsible for adhering to the rules and regulations governing big rig maintenance all the way through to driver behavior. Just about no stone is unturned in the industry to keep those rigs legal and running. If trucking companies fail in doing that, they might find themselves liable for any accidents or injuries that result from a wreck.

The industry is ripe with laws that are intended to govern how trucking firms treat their drivers and rigs. This is largely aimed at reducing the risk of accidents. The bottom line is that when a trucking company (employer) does not follow the laws laid out for them or acts in a manner that puts others in a precarious and dangerous position – something that could have been avoided had the rules been followed – the company has acted negligently.

That negligence may come in various forms, such as negligent hiring of truckers, not properly inspecting their vehicles, hours of service violations and failing to train a driver or not properly training a driver. These are the most common violations that trucking companies run afoul of on a fairly frequent basis. If a trucking firm’s negligence is found to have caused a wreck, the firm may be held liable for the victim’s damages and injuries.

In cases like this, the victims have rights – the right to seek counsel from a personal injury lawyer, the right to sue for damages and the right to compensation for their pain and suffering and injuries and other accident related costs. Some of the other costs that may be recovered by a skilled Austin personal injury lawyer are medical bills, vehicle repairs, lost income from work and disability payments. Your lawyer will advise you what is applicable in your particular case.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Without a doubt, the trucking industry is a major backbone of the American economy. Without trucks, many goods could not be moved from point A to point B, vital equipment would not be delivered, homes could not be moved, gas would not reach the furthest corners of the nation and grain and other foodstuffs would never make it to market. This means 18-wheelers and heavy trucks of all sizes and shapes are on the roads virtually 24/7/365. It’s not much wonder accidents involving these behemoths can and do happen.

The major complication in trucking wrecks is often determining just who the defendants are in the case. “While you’d think this would be fairly obvious, as in it’s the truck driver, this isn’t always true. So, really, the answer to who is going to be sued in a trucking accident is kind of tricky at times. For instance, if the trucker works for a logistics transport company, they may be an employee of that firm or they may be considered to be an independent contractor. If the driver is an employee, that means the trucking company should be the defendant,” said Brooks Schuelke, an Austin accident lawyer with Perlmutter & Schuelke, L.L.P.

Aside from determining who the party at fault is in a big rig crash, there are other facets of accidents like this that need serious attention. While things may look one way at first glance, often probing deeper into the crash will reveal other things the lawyer needs to know to make a good case. This may include things like finding out if the trucker was speeding, driving aggressively, under the influence of a drug, driving while distracted or driving without enough sleep.

Take the case of the trucker who was watching a movie on his laptop while he was driving his big rig. He struck and killed a mother and her young baby as she was crossing the road. “No question the driver in that instance was negligent. These are the kinds of things we need to find out to take a case to settlement or verdict. It’s information like this that can drive up the amount of the damage award as well. For example, in the case of the trucker watching his laptop movie, there were punitive damages awarded, as well as compensatory damages,” Schuelke said.

For those that have been in a trucking accident and survived to tell their story, contact a skilled and dedicated Austin personal injury lawyer for help.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

“When someone is hired for a job in construction, management doesn’t typically spend a lot of time talking about workplace injury claims or even workers’ compensation, other than to make sure the new hire gets signed up for it. Even if it’s not mentioned, keep one thing in mind for the future: if something happens to you on the job, keep very detailed records of everything that happens, including filing your accident report with management. You will also want in depth medical records that are easily accessible,” said Brooks Schuelke, an Austin accident lawyer with Perlmutter & Schuelke, L.L.P.

When a mishap does happen at a workplace, the employer is required by law to keep records of the details of the accident in an official accident report book. This is a part of the reporting procedure for disasters in a workplace. Ideally, the overall recordkeeping will indicate any inherent patterns to accidents and let management fix what’s wrong. “The crucial thing to remember is that if the accident is not recorded in the official record book, it may be more difficult to recover compensation,” Schuelke said.

Another thing workers need to know up front is that if they are going to file a workers’ compensation claim, they need to document all of their injuries at once. That, of course, means all the injuries need to be treated at the same time as well. “At this point, you need to also ensure all of your injuries and medical treatments are documented in full detail for future reference. This is so you have something to show a lawyer if you have trouble processing your workplace injury claim,” Schuelke said.

Keep every receipt for every medical test, surgery, therapy session, counseling assistance, medication, etc., because these things are needed when it comes to figuring out the amount of the claim settlement. “Ideally, if you have a witness, it certainly helps your case. That could be another worker, a supervisor or pedestrian who saw the accident,” he said.

While some workplace injury claims go well and things are settled to the satisfaction of both parties, this seems to be the exception, rather than the rule. For this reason, it’s a good strategic move to hire an Austin accident lawyer to make sure the case gets moved along promptly and that it doesn’t get bogged down in bureaucratic inertia.

Typically, compensation claims tend to come in at a lower settlement offer than one would expect. There is a reason for this. Workers’ compensation is insurance and insurance companies are famous for wanting to maintain their bottom line at the expense of those covered. This is one of the major reasons why hiring an Austin accident lawyer will, in the long run, be a benefit. That benefit will pay off in a higher claim settlement.

“Be aware that there is usually, by statute, a two year period to file on-the-job injury claims. However, having said that, don’t wait that long to do something about your claim or injury. The faster you deal with it, the quicker things get handled. Ideally, aim to process your claim within two months from the date of your accident, or sooner. Why? Because the details are still fresh in your mind. Have questions? I’m here to help you. Don’t hesitate to give me a call,” Schuelke said.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

This case was disturbing, as it deals with product liability issues that go right to the heart of consumer trust and confidence. This was a single-vehicle rollover that killed a pregnant woman and her child and a teenage boy, and injured six other kids. The tread of the group’s left rear SUV tire separated, causing the driver to lose control. The vehicle then spun out and rolled into the median of the highway before coming to a halt in some brush.

As the 2003 Ford Explorer was rolling down the highway, three people were ejected. Six of the children in the vehicle were not wearing seat belts. The pregnant passenger and her unborn baby were pronounced dead at the scene and a 14-year-old boy, who made it to the hospital alive, also died due to his injuries. The other children injured ranged from 10 to 17 years old and the driver was a 45-year-old man.

There are a lot of questions in this case, but perhaps the most important one asks what happened to the left rear tire? It may have been defective, and if that is the case, the victims of this crash may file personal injury lawsuits, or in the case of the deaths, wrongful death lawsuits. Negligence would be at the center of the suit – negligence from the tire manufacturer for poor-quality, shoddily made tires that could suddenly separate without warning.

Unfortunately, there are far too many things on the market these days that have serious potential to harm consumers. Defective tires are just one of hundreds of products that have failed to protect those who bought them in good faith.

As the law relates to product liability, there are usually several claims that may be brought against manufacturers. These include negligence, consumer protection claims, breach of warranty and strict liability. These laws are different from state to state and it’s best to ask a competent Austin personal injury lawyer what is applicable in your state if you feel you have a product liability claim. An Austin accident lawyer will outline the elements needed to take a successful case to verdict.

The three major product liability types are failure to warn (marketing defect), design defect and manufacturing defect. Quite often, a case may fall into more than one area. For example, in this particular case, if the tire is proven defective, the flaw may fall into the manufacturing defect and/or design defect categories. This is why an investigation is conducted in cases like this to determine the cause of an accident. For example, a plaintiff’s case could be pled under the doctrine of strict liability for defective design.

If you have had something similar happen, call a skilled Austin personal injury lawyer and find out your rights and what is needed to file a lawsuit.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

It’s no secret that one of the biggest concerns these days when it comes to automobiles is the driving while distracted issue. The driving while distracted epidemic is out of control and something needs to be done about it. The debate around this issue pits those who feel no one should tell them what do to when they drive against those who insist that what others do when they drive is of critical concern, particularly if it means they may die at the hands of someone talking or texting on a cell phone.

Another interesting question in this debate asks who caused the driving while distracted issue to arise in the first place. Some would say the cell phone industry caused it by providing the option for drivers to use cell phones in a moving vehicle. Others feel drivers caused it by ignoring the ramifications of using a cell phone while driving. In other words, drivers chose to make it an issue by not thinking about negligently causing a death.

A solution to this issue may be right around the corner if CellControl’s most recent announcement is any indication. CellControl has linked up with IronBridge Partners (insurance/risk management firm). The two intend to work together to roll out an actuarially supported premium discount program for those who use CellControl solutions.

The idea behind this partnership is that if more people would use the solutions, it would ultimately result in a significant cost savings to the insurance industry and consumers – billions of dollars. What IronBridge does is work with insurers, other insurance related service providers and agents and brokers to strive to be more efficient and be able to more precisely measure/manage risks.

The bottom line is that distracted driving has become an even bigger risk than driving while under the influence, which is disturbing. The costs of distracted driving are emotionally, physically, psychologically and financially staggering, not to mention devastating on a personal level in far too many cases to count. The whole point is that using a cell phone while driving is negligent and that negligence results in significant financial losses to businesses, families and, yes, the insurance industry. Think your insurance premiums are too high? Accidents statistics account for a good portion of your rate increases.

When all is said and done, if the partnership of these two businesses pays off by reducing the number of deaths and carnage on the highways and byways of America, perhaps more of our loved ones will come home safe. Maybe, in the process, the education involved in this program will finally hit home and people will start taking responsibility for their driving and taking responsibility for choices that may kill others.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Lawyers owe their clients a certain level expertise, a duty, to provide ethical, professional and competent legal services. From time to time, a lawyer may breach these duties and harm a client. Actions that breach the duties owed to clients may fall into a variety of areas that include violations of the professional standard of care or disciplinary rules, or a violation of civil or even criminal statutes. This kind of conduct, if indeed proven, may end up with the attorney paying damages, forfeiting fees and disqualification and/or a loss of their license to practice. Legal malpractice is serious business.

The fact that lawyers have many years of training to become experts in the law and that they have graduated with a degree and have set up a practice, means they are representing themselves to their clients that they have the skills, the know-how, learning and ability to competently practice law. In that representation it is implied that they will apply due care and diligence when using their knowledge to handle client’s legal matters.

“Generally speaking, the most common claim brought against lawyers is negligence. To file a negligence claim against an attorney there needs to be several elements present: that the lawyer owed a duty of care to the plaintiff; that the attorney breached that duty; that the breach of duty caused the plaintiff harm and that damages are owed for the injury,” outlined Brooks Schuelke, an Austin personal injury attorney with Perlmutter & Schuelke LLP. “You should also be aware that lawyers don’t normally owe the duty of care to third parties, though that area of the law is changing rapidly,” he added.

In Texas, the Pattern Jury Charges says that professional negligence is the “failure to use ordinary care, that is, failing to do that which an attorney of ordinary prudence would have done under the same or similar circumstances or doing that which an attorney of ordinary prudence would not have done under the same or similar circumstances.” In order to try a case like this, the proof of the standard of care and the breach of it usually requires the expert testimony of an attorney.

Another common area of legal malpractice is called breach of fiduciary duty. Lawyers are classified as fiduciaries and that means they owe their clients supreme loyalty and must tell them everything that is going on with their case. This isn’t something they do to please their clients; it’s a “must do” duty that involves good faith and dealing fairly with integrity. Put another way, lawyers must place the interests of their clients above all others and if they don’t fully disclose what is going on, this amounts to concealment.

“Some of the fiduciary duties a lawyer has are the duties to avoid conflicts of interest, keep client communications in confidence, reveal all material information to the client, follow all instructions the client issues and not get mixed up in activities that would adversely affect the client. In breach of fiduciary duty cases, the burden of the proof is on the lawyer to prove that the lawyer complied with the duties,” remarked Schuelke.

“If you feel you have been a victim of legal malpractice, seek legal counsel immediately and discuss the case with an attorney who has experience in this area of the law. This is serious business and you deserve unimpeachable representation. If you have any questions, call me,” Schuelke suggested.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

Those who have been hurt in an accident have a variety of options to seek recompense for their injuries. The most frequently pursued avenue is filing a personal injury lawsuit asking for damages for their pain and suffering and even loss of wages from being off work. Filing claims needs to be done just the right way, or there is a real risk that the settlement offer will not be fair.

“Personal injury accident claims really do need to be filed by an experienced attorney, even if you think hiring one may be too expensive. Those that try handling claims on their own have not been terribly successful in obtaining a fair settlement, simply because the insurance companies will aim to keep the settlement low and/or deny it. Insurance companies are not your friends, and don’t make the mistake of chatting to them like they were. Anything you say to them may come back later in a manner that will surprise you,” explained Brooks Schuelke, an Austin personal injury attorney with Perlmutter & Schuelke LLP.

One thing that people need to remember about personal injury litigation is that attorneys tend to work on a contingency fee basis, which in a nutshell means if they win the case, they take a percentage of the settlement. If they lose the case, the plaintiff usually pays nothing, although some attorneys do bill for paperwork, photocopying, etc.

“The biggest advantage a car wreck victim has in hiring an Austin personal injury lawyer to handle their case, is the fact that the attorneys deal with the insurance company. The attorney knows precisely what to do and what say to get them to do right by you and your claim. That is why their experience is so invaluable when it comes to netting you a fair settlement,” added Schuelke.

“For those who are contemplating doing a claim on their own, if your injuries only seem to be minor and you settle for a low amount because that is all you think you will need, don’t be surprised if that minor neck injury turns out to be serious whiplash and disables you from working for a few months. If you have already settled your claim, you can’t reopen it and do it over. That means having to pay for any further expenses out of your own pocket,” Schuelke advised.

If that kind of scenario does happen, there has been no money saved by not hiring an attorney. In fact, there may be “more” spent on paying for extra medical bills; bills that could have been paid for with a fair and equitable settlement. Most injured people have no idea how to assess an injury’s economic worth. If they underestimate it or ignore it, they have potentially cheated themselves out of a lot of money and opened the door to physical problems down the road.

“You really should know that insurance companies will often send out adjusters who will swoop in and try to get you to settle early and settle low. They do this before you know the true extent of your injuries and know what legal rights you have. Unfortunately, many adjusters don’t explain the nature of the settlement they’re advocating the victim sign, and they are known to make misrepresentations about the victim being able to bring future claims,” clarified Austin personal injury lawyer Schuelke.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

Since the advent of the cell phone, life has become incrementally more interesting, lively, exciting and deadly. While it’s nice to have 24/7/365 constant contact with friends and family, there needs to be a line drawn about doing that while driving a car and trying to text or talk at the same time. The results of that combination are often fatal. And what good reason was there for the accident, other than someone wanted to text a buddy about a party? Life is precious and responsibility for our own life is one thing; responsibility for the lives of others is paramount.

Unfortunately, those who take the risks of texting while driving are not taking into consideration what might happen to someone else if they are involved in a car accident. Furthermore, if they stopped to think about it, they aren’t even being responsible for their “own” life. Take the case of 21-year-old Josh Ashuby (names have been changed to protect the family) who was on his way home from a party in the city and texting his friends at the same time about what a blast it had been.

Just as he was about to go into a hairpin curve on the road home, he was texting his buddy about meeting him the next day for breakfast. The sun never rose again for Josh, who met an 18-wheeler head on in the curve that night. The cell phone survived the crash, with the display showing his buddy’s reply about breakfast. Pointless death? Indeed, it was not only tragic, but angered a lot of people in the community. Something had to be done about texting and driving.

Allstate Foundation has released some interesting stats about the texting while driving issue, mainly focused on teens, the largest group of cell phone owners who text and drive at the same time. These figures will shock you. About 82% of teens with cells used them while driving and at least 49% admitted they texted while driving, as well. Why do teens text while driving? Usually it’s to find their buds, flirt or get directions. A set of directions or a chance to flirt aren’t worth getting killed over, are they?

Another set of statistics put out by Virginia Tech’s Transportation Institute shows that texting while driving increases the risk of a wreck by up to twenty-three times. Those are frightening numbers. What needs to be done to stop this carnage? Stop using cells phones in cars while driving. Easier said than done, as even though there are many ideas out there about how to stop this deadly habit, most teens (and others) keep on doing it anyway, because they think nothing will happen to “them.”

To stop texting while driving would be fairly easy if people just practiced safety “first” before succumbing to the temptation of instant communication. Shutting off the cell while driving is the first step, only sending texts while pulled over on the side of the road is another, and asking another passenger with you to return the call or text for you is another. These are simple ideas that would save lives, if only people would follow them.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Texas law requires drivers to carry minimal auto insurance. At a minimum, drivers must carry $25,000 per person/$50,000 per occurrence limits for personal injury damages. What does this mean? The “per person” limits set out the maximum that the insurance policy will pay to any one person in an accident, and the “per occurrence” limits set out the maximum that the insurance policy will pay to all people involved in an accident.

For example, if three people are injured in a single wreck, the most that a 25/50 policy will pay any of the three people is $25,000, and the most that the insurance company will pay the three injured people combined is $50,000. If the driver is involved in a second wreck, the policy limits start over. On January 1, 2011, the minimum requirements will increase to $30,000 per person/$60,000 per occurrence.

In addition to the personal injury limits, the law requires drivers to carry $25,000 limits for property damage, the damage to other people’s vehicles or other property. These limits won’t be changed in January.

Drivers can satisfy their obligations through one of two ways. Drivers can simply purchase auto insurance. Most drivers choose this route. Alternatively, drivers can self-insure by proving that they have enough assets to satisfy the minimum obligations. Most people don’t have the resources to self-insure so this option is usually limited to company-owned vehicles.

While it’s a good idea to raise the limits, for many people the new 2011 limits still won’t be enough. That’s why Texas also encourages drivers to purchase uninsured (UM) and underinsured (UIM) motorist coverage. UM/UIM insurance protects motorists from drivers who either have very little insurance or none at all.

If you think that’s probably not a big problem and opt to drive without carrying UM/UIM, be aware that just about 25% of all drivers in the state are out there without any coverage. And even when the other drivers do have insurance, $25,000 (or $30,000 starting in January) is often inadequate. We all know that the cost of health care is rising, and even a small wreck can result in costs of medical care and other damages that far exceed $30,000. If the person who caused the accident (the at-fault party) has no car insurance or not enough insurance, what happens? What happens is that the victim will have to fork out money for damages and injuries out of their own pocket. UM/UIM insurance helps minimize this risk.

Been in an accident recently and need an Austin personal injury lawyer? Make sure to find one that knows the latest arguments in the paid and incurred fight, what may be argued for extra-contractual damages in UM/UIM, and what may be done about subrogation liens. It’s a tough world out there when you get into a car wreck. Make sure you have the right Austin personal injury lawyer on your side to help you sort things out.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

“Just about anyone that has ever worked on a construction site realizes that accidents can and do happen, despite safety measures and other precautions. While most people figure the main reason for accidents is working with scaffolding or heavy, moving equipment, many of them don’t realize that construction site elevators are often the source of an injury,” recounted Brooks Schuelke, an Austin personal injury attorney with Perlmutter & Schuelke LLP.

Elevators on a work site definitely have their uses and are helpful for moving workers between floors or taking heavy equipment from one place to another without the hassle of using stairs. The problem is, elevators are places where a great many workers have sustained injuries while on the job. “If an onsite work injury is sustained, you may be able to claim workers’ compensation benefits or seek other remedies depending on the facts. However, not all claims go as they should and it’s a smart move to have the help of an experienced lawyer,” added Schuelke.

“Many of the accidents that we tend to see in practice related to working with elevators are falls, cuts, abrasions, lacerations, amputations, people trapped between the elevator and shaft wall, and doors opening onto an empty shaft. Other accidents happen during ascent, descent, stops or while accelerating,” he observed.

Getting hurt on the job often devastates those who were injured. The recovery time may be anywhere from weeks to years. “You may face astronomical medical bills, lose wages or your job, pay for therapy and medications, and never quite be the same again. While it helps to file a claim, in many instances there may be issues with that claim and they result in delays you can’t afford since you are injured,” commented Schuelke.

In addition to possible delays in dealing with claims, the whole process of filing a workplace injury claim is often not only complicated, but frustrating when all the worker wants to do is file a claim and get compensation for their injuries. “This is yet another reason why it’s a good idea to have an experienced lawyer help you. Workplace injuries have a way of becoming other things over time if they are not treated effectively and promptly,” said Schuelke.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

“If you think it’s bad enough figuring out who is to blame in car accidents, wait until you have been involved in an accident with an 18-wheeler. Apportioning blame in those cases can be very difficult,” remarked Brooks Schuelke, an Austin personal injury attorney with Perlmutter & Schuelke LLP.

In every accident case there tends to be a number of variables that could be blamed for the accident. For instance, the roads, the weather, actions of other drivers, poor mechanical maintenance, defective tires, brakes or other factors could be cited. Of course, there is also the human factor, which many drivers would like to ignore and point their finger at the other guy. Nonetheless, finding out who was directly responsible for a truck crash is often very complex.

In the “usual” car crash scenario, typically each person is responsible for their own actions. That means a car driver who is reckless and causes a collision is usually held responsible and accountable for their actions. Taking this one step further, if an auto maker (like Toyota) sells a car with a defective braking system, they may be (and have been) brought to account.

“In cases involving 18-wheelers, liability often isn’t clear at all because the question becomes whether or not the trucker is the responsible party at fault or whether the trucking “company” acted in such a way that made the collision possible. For example, did the trucking company hire someone that wasn’t qualified or cut corners on safety requirements, such as allowing a driver under the influence to take their truck on the road?” questioned Schuelke.

Questions like this tend to hover about the outside edges of a trucking crash investigation and many of the answers are not that clear unless there is an in-depth investigation – something an Austin personal injury attorney would conduct. Their main goal to serve their client is to get a settlement that reflects the serious nature of the crash, not let the insurance company offer a lowball settlement based on a cursory examination of the crash site.

Many of the reasons for big rig accidents tend to fall into certain categories, ones that many personal injury lawyers see over the years of practicing law. The most common causes of semi accidents are usually related to hours of service violations, negligent hiring, lack of proper training, the trucker DUI, improper cargo loading, driving while fatigued, reckless driving, texting while driving, and truck malfunctions and defects.

In a serious trucking accident, the trucking company will have investigators on the scene within hours, if not earlier. Because of this, victims are always at a disadvantage in investigating the case. And if the victim of the 18-wheeler wreck doesn’t do what he or she can to investigate early, then evidence may be lost forever.

The end results of being involved in an accident with an 18-wheeler are never that good and you may need all the legal help you can get to secure enough compensation for your future. “Don’t delay talking to an experienced lawyer, or you may miss the opportunity to fully investigate your case,” advised Schuelke.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

It’s hard enough to handle the fact that you suddenly lost a loved one due to the negligence of another, let alone understand how to calculate wrongful death compensation. These cases definitely need the skill of an experienced Austin personal injury lawyer to navigate the choppy waters surrounding death calculations and how an award is translated to present day dollars.

Texas wrongful death claims are unusual. When a person is wrongfully killed, the claims are governed by the Texas Wrongful Death and Survival statute. This statute describes who can sue in a death claim and what damages they may recover.

When a person is wrongfully killed, the person’s estate has a “survival claim.” The estate has the right to seek damages for any medical or funeral expenses that the person incurred as a result of the incident, plus claims for any pain and mental anguish the deceased might have experienced before his or her death.

The statute also allows some family members to make a “wrongful death” claim. In Texas, the only people that can make a wrongful death claim are the deceased’s spouse, children and parents. The spouse and children get to ask for damages of pecuniary loss (loss of care, maintenance, support, services and advice that the person would have provided), loss of companionship, mental anguish, and loss of inheritance. Surviving parents may also seek these damages, except the loss of inheritance damages.

Needless to say, it can be extremely confusing and complicated.

Loss of inheritance is based on the lost income of the person killed. Future lost income is usually figured out based on the amount of income a victim would have earned had they not been killed. This may be calculated by taking the deceased’s income when they died and then multiplying it by the years left until retirement (and finding a formula to compensate for increases in income the person would have received) or until their expected death. As you may have already guessed, retirement ages differ from one person to the next and when a person dies is based on complicated actuarial tables.

An example of how this would work would be a 50-year-old man making $40,000 a year when he was killed and was not banking on retiring for another 15 years. That individual’s income, when he was killed, would be multiplied by the number of years he had left to work. That would be $40,000 x 15 years which would make his future losses of $600,000 (give or take).

The fly in the ointment is accounting for raises the person would have received and reducing the overall value to present day dollars because Texas law requires awards of future income to be “discounted” to present value. In many cases, one of the biggest fights is the fight among each side’s economists arguing about the way these two calculations should be done.

Something to remember is that wrongful death compensation figures are not always calculated the same way simply because of the presence or absence of various factors may be different in each case. The only way to get a good idea of what compensation may be in a wrongful death case is to discuss the matter with an Austin personal injury lawyer. They would be able to outline how the process works and what you could expect to see during the course of the trial.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

If someone has been involved in a really bad accident and is severely injured – badly enough to never be the same person they were before the accident – their injuries are called catastrophic. It’s an apt choice of words, since it means life-altering. Unfortunately, negligent acts often result in someone’s life being turned upside down so that they require full time medical care with no hope of total recovery.

There are some catastrophic personal injuries that may be quite well managed with good medical attention and actually allow the victim a fairly decent recovery. Other injuries are so debilitating that they result in long-term incapacity, a multitude of various serious illnesses, and even a shorter life span.

In cases like this, you really need to speak to an Austin personal injury lawyer to get an idea of how to proceed with a case to obtain compensation for your injuries. You will want to deal with a lawyer that has an excellent grasp of the nature and type of injuries that you have and who understands the significant life hurdles you will be facing in the future. For instance, a catastrophic injury may mean that for the rest of your life, you will be seeing doctors, participating in therapy or having regular reconstructive surgery.

Once your Austin personal injury lawyer knows the long-term consequences of your injuries, they are better prepared to go to bat for you in court to get the right compensation for your future. Another example would be if someone has a spinal cord injury and was facing a life of dependency and inability to ever walk again or someone with traumatic brain injury may become a totally different person because of damage to the brain. They would face a life of constant therapy to allow them to try and cope with their altered reality of the world in which they live.

If you have been badly injured in an accident, don’t wait. Speak to an Austin personal injury lawyer as soon as you can. Your future recovery may depend on it.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

This case is a difficult one and one that the plaintiff never dreamed would ever happen. The story unfolded fairly quietly to begin with when 23-year-old Karl Ruby (names have been changed to protect the victim and their family) went to a Tucson hospital to have a biopsy on his right testicle. It was evidently his understanding that the procedure would remain a simple biopsy, unless the biopsy showed the presence of cancer.

When Ruby woke up and found out he had lost his testicle, he assumed, as he had been told earlier, that he had cancer and that was why it was removed. Just a little over a week later during a follow-up appointment he got some stunning news – he did not have cancer. This revelation prompted Ruby to take his case to a medical malpractice lawyer and sue the hospital and the doctors involved in his surgery.

The case made it to court where the jury heard that Ruby had been in an alcohol related roll over, and went to the hospital for pain, which he thought was a result of the accident. The hospital subsequently phoned him and said he had a mass in his right testicle and needed a biopsy. Ruby went to the doctor who said he has a mass on his “left” testicle and calcium buildup on his right. He later corrected the choice of testicle after an ultrasound to the right testicle showed a mass. A biopsy was talked about again with the physician indicating the testicle would only be removed if cancerous.

This is the point where things got confusing, as the doctor supposedly told Ruby he’d do an excisional biopsy – meaning do the tests after the testicle was removed. Ruby said that was not right and he was later informed the mass was a hematoma. The defendants claim Ruby knew doctors could not do a biopsy without removing the testicle to avoid spreading cancer. In addition, hospital records seem to indicate Ruby told a nurse he was there to have his testicle removed.

As you may gather, this is one of those cases where a great deal will hinge on the evidence, the documents and how the case is presented during trial. “This isn’t going to be an easy case, but the attorney obviously felt that there was a good chance Ruby would win, and had the kind of proof that should stand up in court, or the case would not have gone to trial,” indicated Austin personal injury lawyer Brooks Schuelke.

Many medical malpractice lawyers are selective in the cases they choose to take to trial that involve medical malpractice. One reason for this is that many states, including Texas, have medical malpractice damage caps. This means that no matter how serious the injury is, there is an arbitrary limit on the amount of damages that the medical malpractice victim can recover.

This flies in the face of true justice and holding the wrongdoer completely accountable for their negligence. Unfortunately, in some cases of genuine malpractice the true damages would far exceed the cap and the case isn’t accepted because of the costs involved to the client.

“The other thing many people don’t realize is that not every bad medical outcome is the result of medical malpractice. For this reason, some people who feel they have a medical negligence case don’t really have a case. This is something that is difficult to explain, as perception is a big part of any person’s relationship to what happened to them. In any situation where you think you have been the victim of medical malpractice, take the time to consult with an attorney. You will need information to make informed decisions,” added Schuelke, an Austin personal injury lawyer.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

“A Port Arthur, Texas, refinery had some bad news recently when a contract construction worker was killed after a crane accident at a work site. The mishap happened in an area slated for further expansion, which was underway the day of the accident itself. Unfortunately, when rescue crews arrived in response to the call, the worker had died of his injuries,” recounted Brooks Schuelke, an Austin personal injury lawyer.

While the police, the refinery and the company that operates the refinery were aware of all the details of this horrific accident, many of them were not released pending further investigation. There are a number of scenarios that may have occurred to contribute to the accident, including an improperly maintained crane; a leased crane from another company that was defective; the operator not paying attention to what he was doing; the boom was defective or not properly maintained; regular safety checks were not carried out as required; or crane operator error. These are the things that an Austin personal injury lawyer needs to know to represent his client.

It won’t be until some of those details are sorted out that the family of the deceased will have any peace in understanding why they lost their loved one so suddenly. At this point, it would be a wise move to contact a seasoned attorney about the circumstances of this case and find out what may be done. “While a lawsuit will not bring their loved one back, it would help them continue on with some financial security,” explained Schuelke.

In many cases such as this, the details are very important in how the attorney puts together a case, specifically because it makes an enormous difference in who is sued. “For instance, if the crane was not properly maintained by the company that owned it – the company the man worked for – that would mean one thing. If the crane were leased from someone else and it was defective or not safety checked, that would mean another thing. All the details are vitally important to obtaining justice for those left behind,” Schuelke said.

The kind of lawsuit that would be filed here is a wrongful death lawsuit, which means there is a specific deadline to file under the statute of limitations. While is it extremely difficult to function emotionally and mentally after just losing someone you love, it is imperative you take action by consulting with an experienced Austin personal injury lawyer.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

Premises liability is an area of the law that holds property owners and people who legally occupy property responsible for injuries that happen on their land. As an example, let’s say you were in a grocery store and you slipped and fell on a wet patch in the produce section, or you tripped over an uneven cement block near a construction site. In both of these examples the injured party may be able to claim damages from the owner or occupier of the land by filing a personal injury lawsuit with the assistance of an Austin personal injury lawyer.

The general idea behind the law of premises liability is the property owners and occupiers must keep their property safe for anyone that uses it. They must locate dangerous conditions and repair or adequately post them as being dangerous. In other words, the warnings need to be highly visible and clear. If the particular condition is “left” unfixed and does not have a proper warning, liability may be assigned to the property owner or occupier for anyone that is hurt on their premises.

You might wonder about trespassers on another person’s property and whether or not they may sue for damages if they hurt themselves while trespassing. The answer to that is maybe. In general, the owner is only responsible for watching out for all visitors, “except” trespassers. However, if the owner also “knows” trespassers are likely to come on the land, they must still post a visible warning to prevent trespassers being injured. If this is confusing, you should talk to an Austin personal injury lawyer and find out how that is possible.

The long and short of this is that if you have been injured on someone else’s property and your injury was a direct result of hazardous conditions or negligence, you might have a good case to recover your medical expenses. Speak to a qualified Austin personal injury lawyer for the right information, to find out your rights and to know what your options are in your circumstances.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

This particular accident was not only tragic, but hard to explain. The driver of the car involved was swerving erratically all over the highway, lost control and went into a spin that swept the car across the center line right into the path of a big rig.

The impact was so catastrophic that the truck and car went careening into a bank of trees, trapping the car between the truck and the trees. Responding EMS crews arrived at the scene quickly, but unfortunately, the driver of the car, 36-year-old Eren Dalwall (names have been changed to protect the identity of the victim and their family) was pronounced dead at the scene of the crash.

The trucker was taken to a medical facility for treatment and was fortunate enough to not have serious injuries. The truck wasn’t in great shape though.

Why did this happen? Police reports indicate that Dalwall may have been speeding and playing chicken while on the highway, which may account for the rapid swerving in and out of the lanes and the eventual loss of control.

It’s not clear yet if there were other factors at play in this accident, such as alcohol, texting while driving, driving while distracted, DUI or driving under the influence of drugs – either prescription or street drugs. And no one seemed to notice if there was another vehicle that was racing with the Dalwall car in some sort of drag race scenario. The police have their work cut out for them in this investigation.

Even though the trucker was not seriously injured, he lost time off work, lost wages, incurred medical expenses and a significant amount of property damage. It may well be that the trucker and/or trucking company will elect to file a personal injury lawsuit against the Dalwall estate to recover compensation.

Car accidents that involve big rigs very rarely have a good outcome. This case is no different. Generally speaking, when a semi and car crash, it is often the fault of the trucker. This isn’t a hard and fast rule by any means, but it is what the accident statistics reveal. It is also what Austin personal injury lawyers tend to see in their practices.

If you have been involved in an 18-wheeler accident and were gravely injured, you need to speak to an Austin personal injury lawyer who has experience dealing with trucking crashes. You need to know your rights and the lawyer needs to know all the relevant details to start collecting necessary evidence. Don’t delay, as timing in cases like this is critical.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.