04 May 2013

Choosing an Injury Attorney

If you’ve been seriously injured in an accident that was not your fault, choosing a personal injury attorney may seem like a difficult decision. While there are literally hundreds of Texas personal injury attorneys to choose from, who you pick to represent you is and a very important choice.

 

If you have very serious injuries such as severe burns, closed head injury or injuries that required surgery, you should look for an attorney with experience in catastrophic injury cases.  The more cases that the attorney is handled involving catastrophic injury or wrongful death, the better suited they may be to help you with your case.

 

Some specific injuries such as closed head injuries require specific medical knowledge in order to properly inform the jury of the consequences of head injury. If you select an attorney was substantial experience with head injury cases, you don’t have to worry about that part of the case. Likewise, serious burns can involve substantial medical treatment both in the past and in the  future. A Personal injury attorney with experience in the  specific injury can be a very solid plus.

 

Each case  that a personal injury attorney accepts as three basic elements, liability, damages and ability to pay. Choosing a lawyer who has experience in the damage section as set forth above can be a very positive step. Additionally, choosing an attorney who has substantial experience in the liability portion of the case can be one of the most important choices in your analysis of the law firms. After all, if you didn’t win the liability portion of the case, the damage portion does not matter.

 

An attorney with experience in the specific type of case should be the first method of screening the attorneys that you are considering. A track record of success in a niche practice can be a very good indicator of both reputation and experience helpful to a personal injury victim.

 

There are many different organizations that rate attorneys and some are very influential and credible and others are based upon a financial relationship with the agency or company. Doing your due diligence in selecting a lawyer or law firm should include scrutiny on the “awards” granted to any individual attorney.

 

One of the best ways to find out if a organization is legitimate or if it is one where the attorney “pays to play” is to ask a lawyer friend about the organization granting the awards.  Generally, a true “peer review” organization is a very good indicator of how other attorneys view their peers.

 

Do not be afraid to speak with several different law firms before making your choice.

 

Baumgartner Law Firm    6711 Cypress Creek Parkway    Houston, TX 77069
(281) 587-1111

22 Apr 2013

Burn Safety

The vast majority of burn injuries could have been avoided if reasonable care had been used by someone. In every case falls into this category of course, but over the years it is evident that the majority of time after serious injury has been evaluated, the injury could have been prevented.

In some cases, a product manufacturer could have prevented a fire or burn injury by using a different design that was safer and calculated to prevent the situation from occurring in the first place. In others, had the user followed the manufacturers instructions, the injury may not have occurred either.

 

The vast majority of home fires and apartment fires happen because someone was careless with a fire source that led to a disastrous situation. However, it is possible that more than one person or entity can be a cause of an injury such as a serious burn. For instance, if  and apartment complex fire was caused by a resident who left a stove on or were smoking  in bed, the fire would of been caused by that act but the injury may have been caused by the apartment complex failing to provide working smoke detectors at the time the tenant entered his tendency with the apartment complex.

 

Hot-water burns can be the fault of many different persons or entities depending on who is responsible for the setting of the heat on hot water heater and also depended upon the facts of the injury.

 

Chemical burns can happen on the job fairly easily if a worker is exposed to in unsafe chemical, not provided with adequate training or equipment or even if a coworker had been adequately supervised.

 

Unfortunately, burn injuries tend to be extremely painful and the serious ones can be truly life changing for the victim.

 

If you around a fire source, operating equipment that could cause a fire, or in a situation that may lead to a burn injury please use extra caution, follow manufacturers warnings and instructions and stay healthy.

 

17 Mar 2013

Dealing With Future Medical Expenses

There is no doubt that medical expenses in America have gotten totally out of control. Anyone who takes a trip to the emergency room quickly understands the concept of out-of-control expenses once they see the bill. Many political leaders advocate “competition” which seems very amusing given that many times you have to wait weeks if not months to see a specialist. Can you imagine, once you finally get the appointment, asking the specialist to discount their charges for you?

 

Probably the biggest single problem America faces is the rising cost of health care. I say this because health care is needed by every single American and we have little to no control over its costs.

 

The personal injury victim who is injured through no fault of their own finds themselves in a very precarious situation when faced with future medical expenses on an ongoing basis. Generally, future medical expenses are difficult to gauge because of the remoteness of the  need and questions regarding the cost of medical expense in the future. Typically, in a severe injury case requiring ongoing medical treatment the personal injury attorney will hire a “life care planner” to work with the treating physicians and come up with a number for future medical expenses. Likewise, the insurance company usually retains the rich lawyers a competing Dr. to testify that the number is much lower or that the medical treatment will not be needed at all.

 

All in all, in a settlement must consider the potential for future medical expenses because once the matter is settled, the injury victim cannot go back down the road and ask for more money. In a civil lawsuit in Texas the burden of proof to present the evidence is upon the injury victim.  Burn victims frequently require substantial ongoing medical treatment from skin graphs to psychological help and therapy.

 

How you address the needs for medical treatment in the future is an important consideration in any injury claim.  Given the uncertainty regarding insurance coverage, Obama care and want the medical landscape will look like in the future the catastrophically injured should consider consulting with an experienced personal injury attorney.

 

One of the provisions that has become popular in the recent  Affordable Care Act is the requirement that insurance carriers must provide coverage for everyone. In other words people with pre-existing conditions such as a severe burn can obtain insurance coverage. Unfortunately, as of this date the provision granting pre-existing coverage has not yet taken effect.

 

There are many issues a personal injury victim faces when looking at a future requiring substantial medical needs. Obtaining necessary treatment is at the top of the list, which would include payment for that treatment. For many years, insurance carriers have been able to deny coverage to those with the greatest needs and price out of the market those who had insurance coverage at the time of the accident but had great needs going forward. Increases of 50 to 80% per year when compounded year-to-year quickly eliminates those who should have coverage by virtue of being priced out of the market. Fortunately, the Affordable Care Act will stop this abusive practice by health insurance companies in the future.

 

Greg Baumgartner is a Tx injury lawyer and also the founder of the Baumgartner Law Firm, which is located at 6711 Fm 1960 Rd W, Houston, Tx  77069, 281-587-1111.

15 Mar 2013

SMOKING AND FIRES

 

Smoking – whether it be cigarettes, cigars, or pipes – is a difficult habit to break that claims tens of thousands of lives each year simply due to a variety of unhealthy factors that are incurred as a result of lighting up.

But careless smoking is also one of the most common causes of deaths in home fires. It has been estimated that 35% of all home fire deaths (about 1,500 a year) and 17% of all home fire injuries are caused by cigarette fires. Other grim statistics include the fact that one-in-four people killed in home fires is not the smoker whose cigarette caused the fire; more than one third were children of the smokers and twenty-five percent of these deaths were neighbors or friends of the smokers.

In fact, according to head of the Federal Emergency Management Agency (FEMA), fires that are triggered by smoking have the highest fatality rate among residential blazes and have equally high injury rates as well.

Over $300 million in property is lost in these fires. Careless smoking is the #1 cause of fires in America. The Fire Prevention Bureau recommends that precautions be taken to avoid a cigarette fire.

If the previous statistics are not enough to prevent you from ever lighting up again then the following advice should be helpful in keeping your family and loved ones safer in the event that you do continue to smoke.

*The best choice if you must smoke is to smoke outdoors. But, if you allow smoking in your home then be sure there are an ample number of large, deep ashtrays for smokers. The best types are those in which the ashes are dropped into a container that is airtight.

*Take the time to empty ashtrays before retiring for the night. Dampen the ashes before disposing of them – it is shocking how long an ember can smolder and how easily it can come ‘back to life’ and ignite material around it. Research shows that most cigarette fires involve dropping a hot cigarette on beds or upholstered furniture or clothing and a lit cigarette can smolder for 20-30 minutes before igniting anything.

*It is best to also check furniture before going to bed – one never knows if an ash or ember may have gotten dropped unknowingly and never smoke in bed or while reclining in upholstered furniture. Research shows that bedrooms are the most common household spot for fatal smoking-related fires. The reason for this is smokers do not properly extinguish their cigarettes before going to sleep. People smoke in bed while performing a variety of activities – from watching television to reading or simply relaxing. Often they will doze off while their cigarettes are still lit!

*Install extra smoke detectors in smokers’ bedrooms and other areas they spend time in.

*Do NOT smoke in a home in which oxygen is used and if possible smoke ‘fire-safe’ cigarettes.

The best advice, however, is to find a way to give up smoking altogether.

 

Contact Us For A Free Case Evaluation Toll Free 1-866-758-4529
07 Mar 2013

SPRING CLEANING AND FIRE HAZARDs

 

As the calendar turns another page and we enter the month of March our thoughts often turn to the dreaded chore of ‘spring cleaning’. Most of us do not realize that there are a number of fire hazards inherent in this process. Please consider the following precautions as you prepare you home for another outdoor season.

*The first thing to note is that a clean house is a safe house (and not just for fire prevention – but a variety of other reasons as well). Begin by discarding trash, boxes, piles of clothes and other combustibles in the home that can be the source of a fire or fuel it as well.

*With the cold weather fading those space heaters and other ‘spot’ warming devices won’t be necessary for the next five or six months. People often store them without giving them the ‘once over with a critical eye towards safety’ that they deserve. So when you go to store your heating devices you intend to use again next winter make sure electric cords are not frayed or separating. If you use a kerosene heater – empty it thoroughly and clean it completely before storing it. If you favor electric blankets to keep you warm in the winter – read and follow all directions for their washing, care and storage.

*Pay special attention to cleaning and organizing storage areas such as garages, attics, closets, sheds, and basements. These should probably be attended to on a more regular basis than once a season. (Look at it this way – if a warehouse has limited storage then you can expect that a smaller area will as well!).  Never allow areas in your home to become ‘tempting fuel for a fire’. Discard or donate items you are no longer using. Unfortunately any type of clutter gives fire a place to start and creates obstacles that might prevent escaping safely as well.

*Rags serve a hundred purposes. Part of their appeal is that they don’t require washing and long term care. However, it is important to realize that oily rags can ignite without a heat source because they produce their own heat SO throw them out or store them in a closed metal container. This advice includes those dusting rags used with a furniture polish or spray. In addition, do not store cleaning materials filled with chemicals under your sink. Make it a habit to properly dispose of old products safely and get in the habit of purchasing natural or nontoxic cleansers. If you are unsure of how to get rid of chemical products call your local fire department or public library. They will direct you to the information you need.

Finally, go about the process of spring cleaning with care. Do not use rickety ladders, keep a fresh air flow available, and keep with the saying a clean home is a happy home.

 

Greg Baumgartner is a TX injury attorney and also the founder of the Baumgartner Law Firm, which is located at 6711 FM 1960 West, Houston, Tx  77069

phone 281-587-1111.

 

21 Feb 2013

Target Children’s Pajama Recall

 

 

For the most part, the American consumer is unaware of the enormity of products that are recalled by the government annually. We tend to believe that there are federal safeguards in place that will protect our home and family against injury and disaster. Unfortunately, though, that is far from true – and there are hundreds of products that eventually make the recall list each year. Often this occurs only after there have been repeated injuries and fatalities.  Many manufacturers deny any responsibility for dangerous products until there is no doubt that people are unnecessarily being hurt or killed by the product.

 

One recent product recall has left many quite disillusioned about the ability of the Consumer Protection Agency to intercept dangerous products. In the fall of 2012 there was a recall of Target pajamas because they do not meet the federal flammability standards for children’s sleepwear (16 C.F.R. Parts 1615 & 1616).

 

Regulations regarding flammability standards for children’s sleepwear date back to 1971 when the Consumer Product Safety Commission issued a series of edicts on the topic. This was done only after multiple accidents in which children received serious and/or fatal burn injuries after their bedclothes ignited unexpectedly. These standards were updated in 1996.

 

Yet, more than four decades since the original expectations were passed – whose sole purpose is to ensure the safety of our youngest citizens we find that a revered retail establishment is selling children’s pajamas that have been determined to be highly flammable!

 

What follows is the exact recall information as it appeared on Target’s recall notification:

 

Name of Product: Girls’ Circo Fleece Blanket Sleepers

 

Units: 42,000

 

Importer: Target Corp., of Minneapolis, Minn.

 

Hazard: The pajamas fail to meet the federal flammability standards for children’s sleepwear, posing a risk of burn injuries to children.

 

Incidents/Injuries: None reported

 

Description: The recalled one-piece feet pajamas are fleece and were sold in sizes 12 months, 18 months, 2T, 3T, 4T, XS, S, M, L and XL. They come in three prints: purple owl, pink leopard, and blue doodle. There are several tags sewn into the neckline. “Circo Sleepwear” is printed on the top tag. “Target” and an identification number appear on a third tag. The below identification numbers are included:

 

Purple Owl:

075084972, 075084973, 075084974, 075084975, 075084976

243271104, 243271105, 243271062, 243271063, 243271064

 

Pink Leopard:

075085338, 075085339, 075085340, 075085341, 075085342

243271052, 243271065, 243271066, 243271067, 243271068

 

Blue Doodle:

075085388, 075085389, 075085390, 075085391, 075085392

243271047, 243271048, 243271049, 243271050, 243271053

 

(These items were) Sold exclusively at: Target and Target.com nationwide – August 2012 to October 2012 for (approximately) $13…

 

(They were) Manufactured in: China

 

Although there are no readily available statistics on the number of burn injuries received by children due to their sleepwear (and, at that, the figure should be minute because of the standards) – there is data on the number of children who experience burn injuries in general – and the figure falls in the tens of thousands annually.

 

American consumers must remain ever vigilant with regard to product safety; and pressure our legislators to hold manufacturers accountable when dangerous products reach our markets.

 

It is pretty shocking to know that some actual Texas tort reform measures actually protect foreign companies, yes – like China, at the expense of Texas taxpayers and Texas families.

 

17 Feb 2013

Why Texas Needs Insurance Reform

 

When considering some common personal injuries that require medical attention, one would come to realize that the billing for much of the necessary medical treatments adds up very quickly. With the consistently rising costs of medical care in Texas over the years, the magnitude of problem becomes readily apparent for most Texas families. And truthfully in Texas, a family that is responsible and maintains insurance coverage for their family members is actually penalized under the law for their responsibility in having health insurance coverage – should they be in a serious automobile accident or be injured through the negligence of another.

 

Accidents with Uninsured Drivers

There are many different causes of injury, such as: car accidents, slip and fall cases, dangerous products and car fires and other serious injury accidents. Unfortunately, in Texas we are seeing a rise of automobile accidents that occur with drivers who do not maintain insurance coverage. In fact, a higher and higher percentage of drivers in Texas who were involved in an accident have no insurance coverage. This makes the importance of uninsured motorist coverage very significant for many Texans. It is a good idea to talk to your insurance agent about uninsured motorist coverage on your own automobile insurance policy. If you live in Texas, there is a very good chance you will be utilizing such coverage in the future.

 

Additionally, many insurance companies have taken ultra-aggressive stances in denying coverage for their insured, which actually do have insurance, in an effort to avoid paying a claim after car accident. Because Texas has failed to reasonably regulate the claims handling process by insurance companies within the state of Texas, insurers have taken advantage fully and do things every day, which would be illegal in some other states. The average insurance company in Texas pays out fewer dollars, per dollar collected on premiums than almost any other state in the country. While Texas families endure some of the highest automobile insurance rates in the country.

This being a double whammy for Texas families who pay more for the insurance coverage and receive less when they actually need the insurance they paid for. Most experts believe that a payout of 75% of the premium dollar collected in actual claims will substantially reduce the cost of car insurance for all Texas families, while also vastly improving the claims handling practices within our state.

Claims handling practices are largely unregulated in Texas due to the fact that any real remedy for the Texas family, who has been abused by the claims handling practice of their insurance company, has been taken from them. If your children act up and you tell them they are going to get in trouble, but they do not ever face consequences, the child quickly learns that they may do what ever they like. That is similar to what Texas families face in Texas. Leaving the Texas consumer with nothing but a complaint and a bill and actually encouraging abusive claims handling by insurance companies across the state of Texas.

The more abusive the claims handling practice, generally the higher the profit margin for the insurance carrier. While other states have taken the position of citizen first, in Texas we have the situation reversed where the insurance companies interests take precedence over the Texas family.

 

Texas is desperately in need of insurance reform to even out the playing field for Texas families when they actually need the insurance that they have been paying for.

 

11 Feb 2013

Electrical Fires

 

Recent headlines have informed readers that an entire fleet of new and very expensive planes have been grounded pending investigation into the possibility of spontaneous electrical fires. Needless to say, the immediate financial and personal impact and the residual ripple effects are complicated and frustrating (devastating?) for all involved from the plane manufacturers, to the airline company that purchased them, to the everyday passenger who is inconvenienced in an effort to make alternate plans (which, frankly, is better than finding oneself high above the ground in a plane with a ‘small electrical fire’).

People should know that one of the most dangerous sources of a fire is electrical. They are often the most difficult to detect without actually consulting with a trained and certified electrician because potential hazards may not be readily identifiable – and may only be noticeable once a fire has actually begun.

The most common origins of electrical fires may be traced to:

*Defective circuit breakers

*Improperly installed wiring

*Defective appliances or power tools

Statistics reveal that there is an average of 26,000 electrical fires annually in this country that account for more than a billion dollars in property damages alone. Children are often the unintended victims of these fires – with an average of nearly 2500 injured children receiving treatment in emergency rooms for electrical shock and burn injuries each year.

Greg Baumgartner is a child injury lawyer in Houston Tx,  and also the founder of the Baumgartner Law Firm, which is located at 6711 FM 1960 West, Houston, Tx  77069, 281-587-1111.

03 Feb 2013

Preventing A Fire Death

In one city there have been seven fire deaths in homes in just the last week. When winter sets in it is natural that there are more indoor fires as people seek any method possible to heat their homes. Sometimes, the proper precautions are not taken and a blaze results.

What follows are statistics reported by FEMA regarding residential fires.

*Smoking is the leading cause of fatal residential fires.
*The leading area of fire origin in the home with regard to fatal fires is the bedroom followed by the living and family rooms.
*January is the peak month for fatal residential fires.
*Fatal residential fires occur most often in the late evening and early morning hours – with the time frame of midnight to 5 a.m. being the peak time for home fires.
*Approximately 1800 fatal residential fires are reported annually which result in an average of over 2600 deaths, nearly a thousand additional injuries and nearly $200 million in damages.

How to avoid indoor fires?

Do NOT smoke in the house if at all possible.

Do NOT leave candles burning.

Do not leave stove items unattended.

Do NOT use appliances with frayed wires.

Do NOT leave lighters and matches laying around where children can get them.

Do NOT leave burning embers in a fire place.

Probably the most important factor in preventing serious injury or fatality from a fire in your home is to ensure that you have working smoke detectors in proper locations throughout your home.

Experts recommend that you have a working smoke detector or smoke alarm on each floor, in every hallway and most importantly in each of the sleeping areas of the home. Further, they recommend that you utilize multiple types of technology to protect yourself and your family against an unexpected fire.

Most of the smoke alarms today are “hardwired” and also many have a battery backup. It is critically important to make sure that all of your smoke alarms both work and have backup systems.

If you’re living in an older home without hardwired system, many manufacturers make smoke alarms with batteries advertised at ten years that are fairly inexpensive to buy.

The vast majority of people who are killed in residential fires die from smoke inhalation and not thermal burns. A smoke detector could easily be called–a lifesaver. Make sure you have working smoke detectors in your home in proper places. Test your system every few months to ensure it is working properly. If you ever have a fire you’ll be very glad you did.

Greg Baumgartner is a Texas fire accident lawyer and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents.

For a free- no obligation consultation call the Baumgartner law firm at 281-587-1111.

27 Jan 2013

Tragic Fire Kills Hundreds

 

 

A fire in a nightclub in Sao Paulo, Brazil has killed at least 245 people according to news reports this morning. The exact number of people who died in the fire is unknown but the toll is expected to rise after the investigation is completed. Hundreds more were hurt in the fire.

 

As with a majority of fires, those who perished died mostly from smoke inhalation and not thermal burns. Additionally, as the nightclub was a public place, many of the people who perished probably died as a result of being trampled to death.

 

Apparently, the darkness of the club was an issue for many customers who were seeking the exit, according to reports. The fire at the nightclub happened about two in the morning and there has not been a cause and origin disclosed at this time.

 

Major Metropolitan areas in the United States all have building codes which are designed to prevent tragedies such as this from occurring in the first place. Precautions such as limitations in the number of people who can occupy a building, fire alarms, and requirements for lighting of exits or all examples of precautions that most building codes address.

 

Nightclub Fire

 

Greg Baumgartner is a Houston personal injury lawyer and also the founder of the Baumgartner Law Firm which is located at 6711 FM 1960 West, Houston, Tx  77069, 281-587-1111. Follow us on Twitter or Google plus.