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Park Cities workplace injury lawyerWinter can be a dangerous season for those whose line of work involves spending time outdoors or exposed to weather conditions. Even in Texas, winter weather can increase the danger faced by workers facing the elements. There are steps employers can take to help protect their employees from the dangers of cold or frozen weather, but some do not. Depending on the circumstances of your workplace injury, you may have a personal injury claim against your employer. If your employer is a non-subscriber and you do not have access to worker’s compensation coverage, filing a personal injury lawsuit with the aid of an experienced attorney may be the only way for you to receive financial compensation after an injury. 

What Types of Workplace Injuries Are Common During the Winter?

While those who work primarily outdoors are generally at the greatest risk for winter workplace injuries, others may be at risk as well. Those whose job causes them to drive around a lot may also be at an elevated level of risk. Common types of winter workplace injuries include: 

  • Slip and fall - One of the most common types of workplace injuries even in good weather, workers are in even greater danger of slipping and falling during winter storms. These accidents can be quite serious, especially for older employees. 
  • Frostbite - People working outside in freezing weather should have adequately protective clothing and opportunities to warm up. More serious cases of frostbite can even result in the loss of extremities, especially fingers and toes. Frostbite injuries sustained at work have the potential to be permanently disabling in these cases. 
  • Car accidents - In severe weather, the roads can be extremely dangerous. Those whose line of work involves driving or riding around may be at heightened risk of getting hurt in a serious accident. 
  • Heavy equipment - Operating heavy machinery in icy conditions can become extremely dangerous. When large equipment loses traction or any component fails due to extreme weather, very serious accidents can result. 
  • Hypothermia - Hypothermia is a medical emergency that can cause permanent damage. Those who work for long periods outdoors in the winter must be adequately protected against the elements. If a worker shows signs of hypothermia, like confusion or sudden sleepiness, the response must be immediate. Too often, hypothermia becomes much worse because the situation is not appropriately addressed. 

While some winter work injuries are unavoidable, others can be prevented by a reasonably safety-conscious employer. If you got hurt at work this winter, a qualified attorney may be able to put you on the path to receiving compensation. 

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TX injury lawyerWe expect that the products we buy and use every day are reasonably safe. Unfortunately, this is not always the case. Dangerous products end up on the market all the time - and people can get hurt. From exploding Pyrex baking dishes to dolls with sharp motors in their mouths, product defects are everywhere. As a general rule, a product is considered defective if it is unreasonably dangerous for the standard consumer. The question is what types of flaws render a product dangerous. If you were hurt by a dangerous product, you will want to speak to a personal injury attorney as soon as possible. You may be entitled to receive compensation.

What Three Types of Product Defects Does Texas Recognize?

There are multiple kinds of problems that could render a product unreasonably dangerous. One product may be dangerous because it catches fire, another because it is missing a warning label, and yet another because it contains lead. In Texas, three general categories of product defects are recognized:

  • Design defect - The design of a product is defective if it creates unnecessary risk to users and a safer design could have been used. Products that are inherently dangerous even if they are well-designed, such as chainsaws and fireworks, are not considered to have a design defect just because they are dangerous. The particular design of that item must be more dangerous than similar products, having omitted a safety feature.
  • Manufacturing defect - A manufacturing defect happens when the design of the product was safe, but something went wrong during the manufacturing process. The design may not have been followed correctly, or a component could have been switched to a cheaper but more dangerous substitute. It can be difficult to tell the difference between a manufacturing defect and a design defect. A skilled attorney may need to investigate to make this determination.
  • Marketing defect - This type of defect may also be called a warning defect. When a product presents a danger that would not be obvious to a reasonable consumer, the seller must include a warning label. If a product is only dangerous when used incorrectly, then instructions that enable a consumer to use the product safely should be included. This could also include marketing dangerous products meant for adults, like electronic cigarettes, to children.

It is the seller’s responsibility to ensure that a product he introduced to the market is safe for use by reasonable consumers. It can be difficult to tell which type of product defect caused your injury in some cases, so you will want to consult an attorney who has experience with defective product injuries.

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Imagine this: You are severely injured in a car accident, you go to the hospital and undergo countless procedures, therapies, and treatments, you are told that you cannot work in your condition, and so, to cover the cost of your medical and living expenses, you file a personal injury claim. That is pretty standard protocol for car accident victims. What is not standard protocol is for the hospital at which a victim received the treatment to place a lien on the personal injury settlement, and for said hospital to collect on that lien when the money is awarded. Yet, Texas law allows just that.

Texas Hospital Lien Law

According to Sec. 55.002 LEINS, a hospital may place a lien on a cause of action or the claim of an individual who was treated at said hospital for injuries caused by an accident that was caused by a negligent person. However, the statute stipulates that in order for a lien to apply, the person must have sought care within 72 hours of the accident. The lien extends to a hospital or medical facility that the injured party is transferred to for treatment of the same injury.

Why Hospitals Do Not Just Bill Health Insurance Providers

You may be wondering why your hospital does not just bill your medical insurance provider. That is the same question many accident victims have, and it is one that has a very simple yet unsatisfactory answer. Hospitals would rather not bill insurance providers because doing so decreases their bottom line.

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Most people do not anticipate being involved in a car, truck, or personal injury accident and so therefore, most people are not financially prepared to deal with the aftermath. From sky high medical expenses to missed work, the financial consequences caused by a car accident can be devastating. Fortunately, the U.S. court system allows accident victims to pursue compensation from the liable party via a legal cause of action. However, at an already financially difficult time in the average victim's life, it can be impossible for him or her to pay for an attorney. A contingency fee arrangement effectively resolves that problem.

What is a Contingency Fee?

A contingency fee arrangement is one in which a Dallas personal injury lawyer accepts a client's case without charging a retainer or hourly fee. Rather, the lawyer's fee is an agreed upon percentage of the final settlement or judgement that the lawyer wins for your case. Any expenses accrued during your case, such as the cost of an expert witness, is typically covered by the attorney from money he or she has won from another case and reimbursed via your earnings. If your lawyer is unable to obtain a settlement, you do not owe him or her anything.

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If you were injured by somebody else's negligence in Dallas, Texas, you may be prepared to file a personal injury lawsuit. While you have every right to do so, you should know that Texas personal injury damage caps may affect the outcome of your case or your ability to file a claim at all. A damage cap limits the amount of money a person can win in a personal injury case, making some cases not worth fighting.

If you want to know if damage caps apply to your case, and if you want to know whether or not your personal injury claim is worth pursuing, call Clark Law Group for a case evaluation.

Claims Limited by Damage Caps

Not all personal injury claims are limited by damage caps in Texas, so before you assume the worst, know that caps may not apply to you. Those cases that are limited by damage caps include the following:

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