Ten Minutes Of Yoga With The Top Corpus Christi Personal Injury Lawyer To Help Relieve Knee Pain

Yoga Poses That Help Relieve Knee Pain And Personal Injuries

Strengthening the surrounding tissues, particularly the inner thighs is the best thing you can do for your knees. The knees sit between the hip joint and the ankle, placing the kneecap at an angle and at an unstable place.

In order to alleviate and prevent knee pain, it’s essential to strengthen the inner thighs which align the patella and strengthens the ligaments. The best way to do this is through yoga postures such as the Triangle and Warrior poses. However, realigning all the basic postures is the first thing you’ll want to do.

Important Cues In Every Yoga Pose To Keep In Mind:

1. Avoid Kneeling

If you have sustained knee injury, you should avoid kneeling at all costs. In order to relieve the meniscus of extra pressure when you have no choice but to kneel, you should push the weight to the top of your feet.

2. Do not Hyperextend

If you can engage your thigh muscles when your leg is straight or have a hyperextended at the knee, you should lightly bend it for protection.

3. Ensure you Can See the Toes

In Chair or Warriors Pose variations, you should ensure that your toes are visible in front of your knees. This ascertains that the knee is stacked over the ankle and relieves the stress while aligning the hip as well as strengthening the inner thighs.

A 10-minute Yoga Flow To Strengthen Your Knees And Help Alleviate Or Prevent Knee Pain:

Warrior I

In this pose, you should curl up to stand up while keeping the knees soft. Place the foot all the way back. The back heel should come it contact with the ground at an angle, and starts to fully ignite. The front knee ought to be bent and the toes should point forward.

Ideally, ensure that the toes are visible in front of the knee and that it’s ricked over the ankle by pressing the knee to the left. Also, raise your arms, keeping your belly in and shoulders relaxed. Pose for about five breaths and you will strengthen the inner thighs and stabilize the other knee.

Forward Fold

Allow your head to drip towards the floor, making a forward fold. Stay here for a while and then touch the ground under your head with your left hand and lift the right hand to the ceiling, while straightening the left knee. Look up for about three breaths and focus on attempting to lift your right kneecap on your thigh. Repeat this pose on the other side.

Mountain Pose

For this one, you should stand upright. There should be a slight bend in the knees and a hips-width at the feet. Try and pull your ribs and stomach in and roll the shoulders up, back and down in order to open your chest to the ceiling.

Then move the chin towards the chest in order to open your neck’s back. Stay in this position for a few breaths. Pay close attention to your body and take a few breaths to balance your body.

Warrior II

Come back to the Mountain Pose and put the right foot to the back, positioning the legs as you did on the first pose, only this time making your arms hover parallel to the floor and over your legs.

Pressing the front knee out to the left will take some more energy as the hips will be open, so ensure you can see the toes in front of your knees always.

Pyramid Pose

For this pose, you should step the back foot into around midway down at a hips-width distance with the foot pointed out at around 45 degrees. Then interlace the hands on your lower back. You can either keep a small bend in the front knee or ignite the leg muscles in order to straighten the legs.

Pull in your stomach, straighten up the spine and gradually lean forward maintaining the long flat back and raising up the arms behind. As soon as you start to feel the back curving, pause and pause for at least three breaths. Start from the top and repeat for the other side.

Triangle Pose

Next, straighten the front leg and start leaning the upper part of your body forward over the slightly bent leg. This is usually enough, but you can choose to lower your corresponding arm to a block. Remember to keep the torso as parallel to the ground as you can.

You can even lift the other arm up to the sky. For added strength in the thigh, keep the front knee bent. Take five breathes for the triangle pose and start from the start for the other side.

Mountain Pose

The final stage of your session is taking this pose and extending the arms and over your head. Gradually slide the palms together and close the pose by rooting into the floor and smoothing out your breath.

Keep in mind it takes time to completely heal your knee injury. However, you can increase the healing rate by doing this regularly and with proper alignment. If the injury was due to negligence by another party, you can consult a Corpus Christi personal injury lawyer for advice on compensation. You deserve fair compensation if the injury affected any of your regular activities, particularly those financially related.

Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles.

 

A Corpus Christi Car Accident Lawyer Covers Distracted Driving

Car Accident’s Caused By Distracted Driving

In the fast-paced life that we live in today, maximizing every second of a day for productivity has become the norm. Multitasking is seen as the best solution for maximum utility of time and, therefore, many people split their focus on a myriad of things at any one given time. This is evident even on the roads, where many people will make calls, texts, eat, or perform other tasks while at the time, driving their cars. This, however, is very dangerous as driving any form of motorized vehicle (bus, car, truck, motorbike, and much more) requires an incredible focus on the driving-related tasks.

Many times, accidents do occur on Corpus Christi roads that are a consequence of the impaired driving capabilities due to multitasking. At the Law Office of Jerry J. Trevino, we fully appreciate the negative impacts of injuries arising from distracted driving-related car crashes. In fact, we have toiled to ensure that our attorneys are the best in terms of training and experience in dealing with these kinds of car-crashes, not only in Corpus Christi but also the entire Texas State. This means we have the means and capability to helps victims of distracted-driving car crashes.

Distracted Driving Accidents In Corpus Christi

Distracted driving is attributed as the leading cause of numerous road accidents in Corpus Christi. However, this trend extends nationwide with the National Highway Traffic Safety Administration (NHTSA) estimating that distracted driving plays a part in as much as 80% of all driving accident in the U.S. Furthermore, the safety body reckons that texting and phone calls are the leading causes of distraction.

To understand the dangers of distracted driving, consider this: in 2006, a university study found that using handheld and hands-free devices while driving was equal in terms of impairment as drunk driving. And in case of an accident, serious injuries occur, including paralysis, severe brain damage, and fatalities.

Typical Causes Of Distracted Driving Car Accidents

Virtually anything that takes a driver’s focus from the actual driving is a distraction cause. However, there are common causes of distraction on the Corpus Christi roads, including:

#1. Texting
#2. Phone calls
#3. Focusing on the navigation map
#4. Focusing on GPS devices
#5. Eating while driving
#6. Adjusting the radio
#7. Grooming tasks such as applying makeup, tying a tie, shaving, and much more

Using Mobile Phones And Driving In Texas

In many states across the country, the use of mobile phones while driving is banned. However, Texas has banned the use of mobile devices while driving in certain situations only. Such cases include when one is a novice driver, when one is transporting minors, and when traversing schools zones.

Nonetheless, when causes an accident due to distracted driving from using their mobile phones legally, they may still be held accountable for the accident. As such, if you are an of victim distracted driving our team of lawyers will endeavor to get the maximum compensation possible for the injuries you have incurred, property damage, and other loses.

For more information on a car accident lawyer in Corpus Christi, Call the Law Offices Of Jerry J. Trevino. For related articles, make sure to visit our  blog

Lawyers At The Trevino Law Firm Compare Human Drivers To Self-Driving Cars

How Do Self-Driving Cars Really Compare To Human Drivers In Terms Of Safety?

Although a lot of comparisons have been made between self-driving vehicles and human drivers, not all of those comparisons have been fair or accurate.

One study found that distracted driving accounted for approximately 4 million accidents each year. That is almost half of the 11 million crashes that take place on an annual basis. Unfortunately, the problem only seems to be getting worse as distractions like texting become more and more common. Researchers recently analyzed a group of 28 studies, comparing the data. According to their findings, texting or looking at a phone while driving can have numerous adverse effects, ranging from limiting the ability of the driver to detect stimuli, to decreasing reaction times, causing a loss of control over the vehicle, and increasing the rate of collisions.

Based on this information, some researchers even believe that texting while driving is more dangerous than operating a vehicle at the legal limit for alcohol or while under the influence of marijuana. The problem isn’t only limited to teenagers. Older adults are every bit as likely to be guilty of texting while driving. They are also far more likely to talk on their phones while driving.

One of the primary arguments used by proponents of self-driving cars is that they eliminate distracted driving. This, in turn, could possibly decrease the number of crashes, limiting the number of deaths and injuries that occur on an annual basis. In actuality, however, comparisons between self-driving vehicles in human drivers don’t necessarily bear that out.

Automobile Accidents

According to studies, over 90% of the automobile accidents that occur in the United States are caused by driver error. In theory, stopping these accidents could save the lives of the same number of people as were killed in Vietnam within just two years of the technology being introduced.

As someone who researches human factors, I don’t find that information adequate for evaluating whether or not automated vehicles would be better at avoiding crashes than humans. The only way to tell for sure is by evaluating how many times drivers avoid collisions. What are the actual odds of getting into a collision with a human driver?

Of course, this is extremely hard to measure. For instance, say that you were trying to determine how many times you avoided bumping into people in the hall. To figure that out, you need to not only look at the amount of time that you spent walking down the hallway but also the number of people that were present. When a non-event occurs, it is usually overlooked or easily forgotten. However, to make a fair comparison between self-driving vehicles and human drivers, researchers need to gather statistics about the number of non-collisions that occur in both situations. If you need representation, make sure to contact the Trevino Law Firm.

Comparing Statistics Equally

Accident statistics relating to human drivers are drawn from a number of different driving conditions. For instance, some statistics come from people driving when it is raining out while others come from people driving on dirt roads. The bulk of the data on self-driving vehicles, on the other hand, has been gathered from states in the western part of the country. Typically, these cars are only analyzed when the weather is good. The data itself is primarily recorded when the vehicles are driving on highways with multiple lanes in a single direction. In these types of situations, the primary tasks that the car has to accomplish include staying in its own lane and avoiding tailgating the vehicle in front of it.

These types of tasks are relatively easy for automated vehicles. Of course, humans are also quite good at accomplishing these tasks. Until more data is gathered from other parts of the country and on different types of roads, however, it is difficult to make a fair comparison. In fact, it will most likely be a long time before a self-driving vehicle has the opportunity to drive as many miles on an annual basis as a typical human driver.

One of the advantages of automated vehicles is that they don’t succumb to human problems such as tiredness, anger, or drunkenness. At the same time, however, they lack reasoning skills to deal with unexpected or confusing situations. They also can’t really anticipate potentially dangerous situations that may be coming further down the road like a human driver could. Instead, they operate at the moment.

Automated systems have a hard time distinguishing between different types of objects. A group of people waiting at a bus stop might look almost the same as an empty cornfield. If a vehicle is facing an emergency situation, most drivers take the course of action that will minimize damage to both themselves and the people around them. A self-driving vehicle doesn’t have the ability to analyze the situation and decide on the best course of action. Instead, they only react in one way, which may not necessarily be the best way.

Technological Advancements Create Fresh Complications

Most people are on board with the idea of pursuing driverless technology, simply because there is the potential for it to reduce the number of accidents that occur. It would be amazing if these vehicles were able to stop car accidents altogether, eliminating deaths and injuries on the road. Of course, some people love getting behind the wheel and driving their vehicles. In that case, they may feel disappointed not to be able to drive their car.

Of course, new technology doesn’t always result in better outcomes. All that you have to do is look at the aviation industry for examples. When new technology is introduced, the number of negative events usually increases temporarily. This may discourage people from fully embracing self-driving technology if this also occurs in automated vehicles.

When comparing human drivers and self-driving vehicles, it is important to use caution. It is going to be a long time before all of the cars on the road are replaced by automated vehicles. In the meantime, self-driving cars and human drivers will have to interact with one another. How this will play out remains to be seen.

If you want to honestly compare driverless technology and human drivers, you need to make sure that those comparisons are being made accurately and under the same circumstances. Comparing two different sets of data from different driving conditions won’t give an accurate picture of how the technology performs in comparison to traditional vehicles. As with any major technological shift, it is important to proceed slowly and to use caution to avoid unexpected problems along the way.

Call or contact us today for more information regarding your case. Visit our blog for more on what you should look for in your hire for representation!

A Corpus Christi Attorney Says Pictures Are Used As Evidence After A Workplace Injury

The Importance In Taking Photos Of A Falling Accident Or Workplace Injury

There’s a saying that a picture is worth a thousand words. After a workplace accident, however, a picture can be worth hundreds of thousands of dollars in the correct situation. Having visual evidence of the exact situation that caused you to slip, fall, and hurt yourself can help a great deal as you work to prove your liability claim in court.

In some states, for example, in order to prove a liability claim, the plaintiff must prove that the establishment had actual knowledge of the conditions and should have taken action to remedy the situation. This means that the business or its employees knew about the spill or that they actually created the spill themselves. The other means of proving this type of case, which is known as constructive knowledge, requires that one demonstrate that the owner or employees should have known about the spill and should have taken care to inspect and clean up the location. You should consider hiring a workplace injury attorney to represent you.

A Picture Is Used As Evidence

If you have a photo of the conditions of the area where you slipped and fell, it will show the color of the spilled material, its texture, and any track marks. This can all be important evidence of how long the spill remained in the area before it was cleaned up. The longer the spill was there before it was cleaned, the greater of a chance the plaintiff has to prove that the business owner was aware of it and should have cleaned it up. After this spill is cleaned, however, that evidence will be gone for all time.

If you trip and fall, it’s also just as important that you take similar photos. If there was a dangerous situation on the premises that led you to trip, taking the time to capture a photo on your phone or with a camera will help protect you, just in case the property owner tries to fix it before you can have it inspected by someone else. Protect yourself legally by taking a few seconds to take a picture, before the evidence you need can be tampered with or destroyed forever.

Taking photos of the conditions that caused your accident or fall is very helpful, but it is not required in order to have a legal case. If you did not think ahead of time to take photographs but were injured in a fall, there are multiple avenues that our attorneys can go down to help you prove your case in a court of law.

Call or contact us today for more information regarding your case. Visit our blog for more on what you should look for in your hire for representation!

Hiring A Workplace Injury Attorney For Construction Site Accidents In Corpus Christi

When To Hire A Workplace Injury Attorney For Construction Site Accidents

The Occupational Safety & Health Administration inspects workplace safety in over 50,000 locations every year. Regardless, well over 4,500 job site deaths have occurred in some recent years (such as 2011). Close to 1,000 of those fatalities were experienced on construction sites. The OSHA has revealed their findings on the most common situations that have to lead to construction site accidents and deaths. They are now involved in a campaign to actively fight against the problem. If you have fallen victim to any electrocutions, falls, collisions, or any situation where you’ve been trapped, you may need to seek legal counsel through a workplace injury attorney. Here’s even more detailed info to help you understand the issues at hand:

Construction Site Falls

Based on info from OSHA, job sites with more effort put towards fall protection could save at least 400 lives on an annual basis. Falls are commonly caused by unguarded rebar, openings in walls, unsecured ladders, holes in flooring, and rough edges. Injuries attributed to failing are responsible for about one-third of all the construction fatalities in the US. Most construction sites have a number of the conditions described above by their nature, but there’s still a large degree of improper precautionary measures from one job to the next.

Falls can lead to a number of different physical problems. Concussions, sprains, and broken bones are unfortunately the best case scenario. Paralysis and spinal cord damage are also both common. In order to prevent fall-related accidents and injuries, holes and exposed edges must be tended to. Railing and ladders must also be checked for security. If there are enough preventative measures on the job site, the likelihood of falling will be reduced significantly.

Electrical Construction Injuries

When it comes to the United States alone, there are hundreds and hundreds of deaths pertaining to electrical accidents every year. Construction sites are the main contributor. Improper grounding, downed power lines, poor handling of equipment, and damaged power cords all play a large part in the most frequent forms of electrical incidents. Based upon OSHA standard, no worker should be working with any form of electrical tools or near any circuits unless they are well protected.

In order to avoid problems like those detailed above, it’s important to recognize the electrical hazards of every construction site and label them clearly. No workers should be allowed to use faulty power tools or machinery; regular maintenance is integral to everyone’s safety. It’s also important to make sure every worker has the proper training to handle electrical jobs with respect and caution. If there’s a deep understanding of how electrical circuits work and the safest uses of any tools and machinery, potential mistakes will be less likely.

Object Collision Accidents

Next up, collisions, where workers are struck by random objects, are also worryingly common. A wealth of injuries and even deaths have been caused by workers that were hit by any number of job site objects. This has included everything from vehicles to large falling loads of bricks, metal beams, and so on. In order to avoid accidents of this nature, drivers should not operate any vehicle with obstructed vision. Lifting machines such as cranes must also be sure to only be loaded to capacity at the most.

Pinning Construction Accidents

Finally, pinning construction accidents are also a frequent contributor to injuries and fatalities. Many poorly run job sites have resulted in workers being pinned between objects such as a moving vehicle and a wall. With more awareness and general safety precautions, these incidents can be avoided. If you find you’ve been a victim of any of these scenarios, however, be sure to get in touch with a workplace injury attorney as soon as possible.

Call or contact us today for more information regarding your case. Visit our blog for more on what you should look for in your hire for representation!

Our Attorney Addresses Commercial Truck Accident Liability In Corpus Christi

Who Is Liable In A Commercial Truck Accident?

The losses and injuries that are sustained by people who are in accidents that involve commercial motor vehicles are quite similar to – but frequently more serious than – the accidents that are associated with regular car crashes. However, it is much more complicated to determine who is responsible for the damages when commercial vehicles such as large trucks are involved. Because it is so difficult to determine who is legally responsible it places commercial trucking accident victims at risk to not receive full compensation for the injuries they have sustained.

Potential Responsible Parties In Commercial Vehicle Crashes

Each truck accident incident is different. To determine who might be held responsible for the damages that are sustained in an auto accident, the best thing to do is speak with an experienced truck accident attorney Corpus Christi. The Law Offices Of Jerry J. Trevino are available for consultations. Some of the more common possibilities include the following:

The Truck Driver:

The most obvious and first possibility is the other drive in a motor vehicle accident, and that is whether it involves big rigs or passenger cars. However, it is a more complicated analysis whenever it involves commercial vehicles. Who bears responsibility for the actions of the driver will depend on various factors, which include whether a truck driver is an independent owner-operator or an employee.

The Trucking Company:

There are a number of different ways that a trucking company might be held responsible for an accident involving a commercial motor vehicle. When the drive is employed by a company, the trucking company might have vicarious liability – the company might be responsible just due to the fact that the responsible driver acts on behalf of his company. Other ways that a trucking company can be held responsible if there was faulty maintenance on the vehicle, failure to comply with any laws, poor policies, inadequate training, or other negligence that contributed or create the problem causing the accident.

The Truck Dealer and/or Manufacturer:

If there are any defects in the manufacture or design of the truck that contributed to or caused the accident, then the seller, manufacturer or anyone else within the supply chain might be held liable for the damages. That is also true for the seller, manufacturers or others that are involved in the supply chain for defective parts that might have contributed to the commercial vehicle accident.

The Customer:

Frequently commercial trucks carry materials and goods across the country and throughout states. If the goods present a hazard or are unreasonably dangerous due to the trucking company not being provided with adequate information, improper packaging or other negligence, then the customer might be held fully or partially responsible for the accident.

Multiple parties might share responsibility in some cases. If one of the parties is overlooked when a truck accident claim is being pursued it can result in an outright loss or less-than-full compensation.

Difficulties Determining Liability in Commercial Trucking Accident Cases

In commercial truck crash cases, determining liability is complicated by the fact that there are multiple potential responsible parties. However, there are other obstacles as well.

Gathering Evidence for a Truck Accident Case

It can be difficult to gather evidence for a truck accident case. That is partially due to the fact that commercial trucks are reparable and often are put back into service as soon as possible. Repairs are made and there could be new wear and tear, which can make it hard to determine what the vehicle’s condition was when the accident occurred.

Some trucking companies, as well as other potentially responsible parties, might also obscure evidence intentionally, by throwing parts away when a truck is repaired, or relevant records being misplaced or creating other barriers to evidence being gathered.

Locating and identifying witnesses following any kind of motor vehicle accident also can be difficult, and can become even harder as more time goes by.

Analyzing Evidence Following A Commercial Truck Accident

Specific expertise is usually required to assess the evidence that is part of a commercial trucking accident case, and often in multiple areas. Some of the areas might include vehicle mechanics and other potentially defective component parts, industry safety standards, and accident reconstruction.

Call or contact us today for more information regarding your case. Visit our blog for more on what you should look for in your hire for representation!

A Personal Injury Lawyer In Corpus Christi Walks Us Through The Steps In A Court Action After An Injury

The Steps In A Court Action After An Injury?

After you’ve been injured, it’s entirely possible for your family or surviving family to file civil lawsuits. In the civil litigation, the system allows you to make a tort case. Here, you’ll have a limited time frame wherein you can file your lawsuit. This is called the statute of limitations. You’ll have the burden to prove your civil case to the judge or to a jury. If you win, you’ll be awarded compensation for your damages which may include your lost wages and your medical bills.

If you’re considering this action, you’ll want to understand the steps you should take. A Corpus Cristi personal injury lawyer can give you the required information on what you should expect and they can be a great advocate for you in the courtroom. Give the Law Offices of Jerry J. Trevino a call and let them show you how you can file this important action.

What Steps Should You Take In Court?

If you’ve been injured and choose to pursue a claim in court, you’ll need to understand that the court has the ability to determine whether or not you should win this claim. Typically, you’ll file your lawsuit where you or the defendant live. This may or may not be where your injury occurred. In most cases, however, it will be filed where you were injured.

After you’ve filed your case, the defendant will be notified and have a chance to respond to your case. You might have to show that the defendant was given the proper paperwork or that you followed the proper procedure to notify the defendant of the case. If you can’t find the defendant or have him or she served, you may have to show why and cause to the judge.

If the defendant answers the claim, the case will move forward within the court system. There will be a preliminary hearing. The plaintiff and the defendant can file motions with the court. They can interview the witnesses on both sides of the case. They can request documentation and other information that is required for the case. If the defendant or the plaintiff won’t turn over important information, it can be filed with a motion that will compel discovery.

After the discovery filing, the case will again move forward. The plaintiff and the defendant will have a chance to state their case. The plaintiff will have the burden of proof that the defendant breached their legal duty to compensate them for their injury or injuries. The defendant can raise any affirmative defenses or attempt to disprove the plaintiff’s case.

At Corpus Cristi personal injury lawyer, we help by representing our clients through the case and court system. We’ll guide you every step of the way so that you aren’t alone. To learn more about how we can help, please give our office a call today and let us show you what we can do to assist you in your personal injury case. We work on cases just like yours every day and can assist you every step of the way. Give us a call today and let us show you how we can help.

Call or contact us today for more information regarding your case. Visit our blog for more on what you should look for in your hire for representation!

A Texas Attorney Talks About Suing Following A Work Death Or Injury In Corpus Christi

Can I Sue Following A Workplace Injury Or Death In Texas?

In Texas, employers can buy workers’ compensation insurance and it will provide benefits in case an employee sustains a work-related illness or injury. If your employer buys workers’ compensation insurance to cover you, you cannot sue your employer when an injury occurs. Your family also cannot sue following a workplace death. However, you can receive work injury benefits whether or not anybody was negligent since the carelessness of the employer isn’t a factor in whether or not you are eligible to receive workers’ compensation.

If you do not have workers’ compensation coverage, then you can file a lawsuit against your employer if you become ill or injured due to the negligence of your employer. No matter what your status is when it comes to workers’ compensation, you can also sue following a workplace death or injury in the state of Texas if your claim gets brought against a third party and their negligence contributed to or caused your injuries. An experienced workplace injury attorney in Corpus Christi, TX from the Law Offices of Jerry J. Trevino can assist you with getting a civil lawsuit to receive compensation and making your workers’ compensation claim.

When Can You Sue In Texas Following A Work Death or Injury?

Negligence does not need to be proven by individuals who have workers’ compensation coverage to receive benefits. They also are not allowed to sue their employer. However, injured workers can file a lawsuit against a company or person who caused their injury. If you want to sue following a workplace death or injury in the state of Texas, you must provide the defendant who you are filing your claim against is legally liable to you. That means you must demonstrate:

  • The defendant had a legal duty towards you or owed a legal obligation to you.
  • The defendant breached their duty or did not fulfill their obligation.
  • The failures of the defendant directly caused you harm.
  • You suffered real harm that can be compensated for.

You are allowed to sue your employer if you don’t have workers’ compensation coverage and you are able to prove that your employer’s wrongdoing, carelessness or negligence directly caused your injury on the job.

There are other non-employers that you can also sue following a workplace death or injury in the state of Texas. That can include engineers, architects, project managers, or those who have manufactured the equipment that you use on your job. If you were involved in an auto accident while on-the-job, that can include the driver responsible for causing the crash.

Filing a lawsuit

This might make it possible for you to recover more compensation compared to what you would obtain from a work injury claim. As an example, if you sue following a workplace death or injury of a loved one in the state of Texas, you might be eligible to get compensation for your loved ones lost companionship.

The specifics of who and how you can sue does vary depending on the specific circumstances. Consult with an experienced workplace injury attorney at the Law Offices of Jerry J. Trevino. We have lawyers who can assist you with making your workers’ compensation claim as well as filing a wrongful death civil lawsuit or personal injury lawsuit so that the compensation that you receive is maximized.

Call or contact us today for more information regarding your case. Visit our blog for more on what you should look for in your hire for representation!

A Corpus Christi Personal Injury Lawyer Tells Us About 3 Types Of Defective Product Liability Claims

Different Types Of Defective Product Liability Claims

If you have sustained injuries or suffered any other damages as a result of using a product, you might be able to file a defective product liability claim. If so, you may need assistance from a Corpus Christi personal injury lawyer. There is a broad range of different kinds of defective product cases, but typically the claims fall into one of three major product liability categories:

1. Defective Design
2. Defective Manufacture
3. Failing to provide proper warnings or instructions regarding how to use the product properly

Understanding those categories can help you with determining whether or not you have a valid claim, in addition to the strategy you should use when presenting your case.

In terms of the basic kinds of defective product claims, each state has the same basic laws, which we have detailed below. Remeber that for each of the claims, you are required to show the product was defective as well as that your injury was caused by the defect.

Defectively Manufactured Products

The most obvious kind of product liability claim comes from a defectively manufactured product that causes an injury. There are flaws in a defectively manufactured product due to errors made when making it, like there is a problem at the factory where the product was built. This results in the injury-causing product being different from all of the other same products.

The following are some examples of manufacturing defects:

  • A moped that has missing brake pads
  • A tainted cough syrup bath that contains poisonous substances
  • A swing set that has a cracked chain

In all of these cases, the manufacturing defect must have caused the injury. so if you were riding the moped and misjudged a curve which resulted in your driving off of the road and injuring yourself, while having missing brake pads, you would not have a manufacturing defect claim unless you could demonstrate that having missing brake pads caused your accident – and not any poor steering from you.

Products That Are Defectively Designed

With this type of product liability, the design of the product is inherently defective or dangerous. Defective design claims don’t come from some mishap or error occurring during the manufacturing process, but instead, the claim is that the entire product line is inherently dangerous, whether or not the product that caused the injury was made exactly according to the specifications set by the manufacturer.

Design defect examples include the following:

  • An electric blanket lines that when they are turned on high might electrocute the user
  • Sunglasses that do not protect the eyes from the sun’s ultraviolet rays
  • A specific model of car that tends to flip over when turning a corner

The defective design must have caused the injury. If you crash into another car by accident while you are driving one of the previously mentioned flip-prone cars, then you would only have a valid design defect claim if it could be shown that you crashed due to the car flipping over as you were turning.

Failing To Provide Adequate Instructions or Warnings

This kind of product liability claim is when adequate instructions or warnings are not given about how to properly use a product. Typically, failure-to-warn claims involve a dangerous product where it isn’t obvious to users or it requires special precautions o be exercised by the user while the product is being used.

Failure-to-warn claim examples include the following:

  • A paint-removing corrosive chemical sold that does not come with adequate instructions for safe use and handling
  • A cough syrup that doesn’t have a warning on its label that dangerous side effects might be caused if it is taken along with another common drug like aspirin
  • An electric tea kettle packed without a sufficient warning regarding the odd position of its steam valve

The injury, once again, must be caused by the failure to properly instruct or warn. If you get burned when using your new tea kettle that was previously mentioned, you would have a valid failure-to-warn claim only if your burn was caused by steam coming out unexpectedly from the strangely positions steam valve on the kettle.

Three Kinds of Product Liability Claims Compared

Claims that involve pharmaceutical drugs offer a useful way to compare the three kinds of product liability claims. If your injury is the result of a specific cough syrup bottle that you purchased having several drops worth of arsenic that fell accidentally into the bottle at the factory where the cough syrup was made, then the basis of your claim would be a manufacturing defect.

However, if that same untampered-with cough syrup brand caused you to have a heart attack based on its regular ingredients, your claim would be a design defect one.

If the cough syrup was made properly and safe for use, but you took it with aspirin and were injured and the label did not warn that this was a dangerous combination, then you would have a failure-to-warn claim.

When you understand the difference, it will allow you to better identify what your specific product liability claim is and you will be able to present your case in court properly. Contact a Corpus Christi personal injury lawyer at The Law Offices Of Jerry J. Trevino.

Call or contact us today for more information regarding your case. Visit our blog for more on what you should look for in your hire for representation!

Auto Accident Lawyer Talks Elements Of Wrongful Death In Corpus Christi

Things You Need To Know About A Wrongful Death

The legal term wrongful death describes the death of a person that is caused by the negligence or recklessness of entities or other individuals. Usually, a wrongful death lawsuit or claim is sought by immediate members of the family of the deceased individual to receive compensation for their financial and emotional damages. That often includes members of the deceased victim’s family such as spouses, parents, and children.

The Four Elements

The law defines four key elements that are part of a wrongful death case. Surviving members who are filing a lawsuit or submitting a claim must prove each of these four elements in order to win their case and receive financial compensation. The following are the four elements:

Negligence:

Their legal representatives or the surviving members themselves must provide that the death of the victim was caused (in whole or in part) by the negligent actions, carelessness, or recklessness of the defending party or parties.

Breach of Duty:

To win the case, it must be proven that the defendant of the wrongful death case owed the deceased victim a duty. For instance, drivers on the road have a duty to drive safely, and obey and follow all traffic laws. Medical health providers such as doctors the duty of maintaining the health of their patients. The plaintiff must establish how the duty of the defendant existed, and that this duty was breached through the negligent actions of the defendant.

Causation:

Along with proving how the defendant’s duty was breached towards the deceased victim, the plaintiff of the lawsuit also must prove how the loved one’s death was caused by the defendant’s negligence.

Damages:

The victim’s death must have caused quantifiable damages like medical expenses, hospitalization, burial and funeral costs, loss of inheritance, guidance, protection, potential earnings, income and protection, inheritance and guidance in addition to the victim’s pain and suffering before their death.

Proving all of those points in court with a wrongful death lawsuit does require the plaintiff to produce expert witness testimony and convincing evidence that is presented by a skill and experienced attorney who specializes in wrongful death cases.

Common Causes of Wrongful Death

Attorneys specializing in wrongful death lawsuits and claims are frequently involved in various cases with the following common causes:

  • Motorcycle, commercial truck, and automobile accidents
  • Birth injuries
  • Medical malpractice
  • Product defects
  • Birth injuries
  • Premises accidents
  • Occupational hazards and exposure
  • Criminal actions including stabbings, shootings, and blatant violence
  • Assisted living and nursing home neglect and abuse
  • Supervised activities which include adult care, daycare as well as field trips

Burden of Proof

Wrongful death lawsuits are not criminal cases, but instead are civil actions, so there is a lower burden of proof. In order to succeed, the lawsuit has to be won based on a preponderance of the evidence and not guilty beyond a reasonable doubt which is the standard for criminal cases.

There are numerous steps involved in pursuing civil action in a wrongful death case, including getting a strategy developed, investigating the claim, talking to experts, researching tort law and meeting with witnesses. The legal process of a wrongful death case involves mediation, demands, and potential settlement of the claim. If an agreement cannot be reached then a lawsuit must be filed and the case is taken to trial.

It is not required to have a quantity of evidence when a wrongful death case is presented by the plaintiff but instead quality and credibility of the evidence. That makes it critical to hire an experienced attorney such as an auto accident lawyer Corpus Christi who can get a solid case build to ensure the burden of proof is met. Otherwise, the plaintiff might lose the suit and will not be able to recover any damages.

Choosing a Skilled Auto Accident Lawyer in Corpus Christi

This is frequently a critical component whenever you are seeking a civil action in a wrongful death case. The reputation and confidence of the community attorney who has handled many cases similar to your will help to improve your chances of obtaining an adequate award at trial or proper settlement. Make sure to contact an auto accident lawyer in Corpus Christi for representation.

It is very important to have an experienced attorney since wrongful death claims tend to be complex. The most successful attorneys are the ones that communicate well with their clients and are always working towards achieving the common goal of obtaining adequate financial compensation. A skilled attorney will protect their clients’ rights and provide them with proper representation through getting a solid case built to prove all four elements involved in a wrongful death claim.

For related articles visit our blog. If you’re interested in learning more about the Law Offices of Jerry J. Trevino, check out our website or call us at (361) 882-5605 for a consultation.