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Van Horn Defective Product LawyerAs every parent knows, children–especially infants–cannot help but put everything in their mouths. While this behavior may be an important part of childhood development, it is also a major source of stress for parents who are constantly trying to keep their children from choking to death on small objects. 

Parents are responsible for making sure that toys with small parts and known risks, such as building blocks and marbles, are kept safely out of the reach of young children. But what about toys that are supposed to be safe for infants? What about toys that break into small pieces, or packaging that fails to notify parents of the toy’s hazardous potential? If your child has been injured or killed by a toy or broken piece of a toy, you may be able to take legal action. 

Non-Fatal Choking Accidents Can Still Cause Serious Injuries

News headlines stand as a warning to parents all over the country when a young child tragically chokes to death on a toy. But even when a child does not die in a choking accident, she can still suffer serious and even life-threatening injuries. Examples of such dangerous circumstances include:

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el paso car crash lawyerNo parent wants to see their child injured. If you were in the car with your child when you got hit and they got hurt, you were probably much more focused on your child’s injuries than your own. If you were not present during the accident, getting the call that your child was hurt in a car crash was probably one of the most frightening moments you have experienced as a parent. 

Once the dust settles, you will likely be wondering how you can go about recovering compensation for your child. They may have extensive medical bills from the emergency room, from physical therapy, and often, from counseling if the car accident harmed them emotionally. You, as their parent or legal guardian, can file a claim on your child’s behalf. An attorney can help you ensure that you are taking all the right steps to secure funds for your injured child. 

How Can I File a Claim on Behalf of My Child?

Because minors do not have the legal standing to file a lawsuit or insurance claim on their own behalves, you will need to do it for them. There are a few special rules when it comes to settling an injured child’s claim in Texas. Like in most car accidents, your lawyer’s first attempt at resolving the claim will involve negotiating with the responsible party’s insurance company. However, a minor cannot agree to a settlement - in most cases, a court will need to approve any offered settlement. 

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TX injury lawyerTire defects can be an insidious danger. To the untrained eye - or even a trained eye - your tires might have looked fine. Your tires may have felt perfectly normal while you were driving. Then, all of a sudden, one fails and you get into a serious car crash. While tire defects can cause blowouts or separation from the vehicle at any point, a failure event is more likely to happen when you are driving at higher speeds. This is part of what makes tire defects so dangerous. When your tire fails, you are probably going to lose control of your vehicle no matter what. Without four good tires, there is little you can do to steer away from a crash or recover from a loss of control. If you were injured in an accident that you believe was caused by a defective tire, you may need to speak to an attorney who has experience with tire defects. Your legal action may be based on product liability, so it may look a little different than a typical car accident claim.

Common Types of Tire Defects and the Evidence You Need to Prove Them

Defective tires can burst or fall off without warning. Some common reasons that this can happen include:

  • Negligent repair - If you recently had a tire patched when it blows, it could be because your auto shop “fixed” it using an improper technique. Your lawyer will need to investigate the shop’s techniques for patching tires and determine whether the method used was appropriate.
  • Tread separation - Tires have belts underneath the tread that hold the tires together. When they fail, the tread can separate from the tire leaving you with no grip on the road. Often, this is apparent when a trained attorney examines the pieces of the tire itself and sees that the tread is not attached to the belt.
  • Missing components - Tires are more complicated than they look. There are multiple separate components, including the tread, the belt, and the steel center. If one part is missing due to a design or manufacturing defect, it will not be found in the wreckage.
  • Wrong tire - Auto shops do sometimes sell people the wrong size or type of tire entirely. When a tire is not the right size or style, it can cause drastically uneven wear and lead to a blowout. Your lawyer will compare the tires that were fine with the tire that blew.

In most cases, the absolute most critical piece of evidence is the defective tire itself. If you suspect that a defective tire caused your accident, you must contact an attorney very quickly so that they can get to the crash site and find the tire.

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TX injury lawyerWhen you have been injured by someone else’s negligence, they may be legally obligated to cover your medical bills and other costs related to your accident. However, depending on the complexity of the case and how cooperative the defendant (or their insurance company) is, it may be months or years before you see a dime of compensation. In the meantime, you are hurt now and you need health care now. If you are one of the millions of Americans who do not have health insurance, getting the care you need when you need it can be a challenge. There are several ways that you can try to get your injuries treated. An attorney may be able to help guide you through the process of seeking care now.

What if I Need Emergency Care After the Accident?

It is important to know that hospitals are required to treat anyone who is having a medical emergency, whether they have insurance and are able to pay or not. You can be treated in the ER right away, and you will not be discharged until it is safe for you to go home. The bill can be addressed later.

How Can I Get Health Care Without Insurance After an Accident?

After the need for emergency care has passed, you may require continuing care, such as follow-up visits with a specialist or physical therapy. Trying to get a doctor to begin treating you when you have no health insurance can be very difficult. Strategies you and your lawyer may use to make sure you are getting the care you need in the meantime include:

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El Paso injury lawyerThe area of personal injury law deals with injuries to persons and property caused by negligent or malicious actions. Many personal injury claims follow a car accident or truck accident in which someone is hurt or killed. Slip and fall accidents, amusement park accidents, work accidents, and other incidents can also lead to a personal injury claim.

Injured victims and their families often experience immediate financial upheaval after being hurt in an accident. Vehicle replacement costs, medical bills, and lost income make the process of healing even harder than it already is. A personal injury claim may help victims recover financial compensation for these and other financial losses after an accident. Working with an experienced personal injury lawyer during this process benefits injured victims in a multitude of ways.

Choosing the Course of Action That Is Best for You

Every accident is unique, and there are nearly countless ways that an accident victim can respond. Some accident victims assume that it is best to settle with the insurance company as quickly as possible in order to secure compensation. However, doing so can sometimes mean accepting a much lower settlement offer. A skilled attorney can help you determine the course of action that is best given your unique situation and needs.

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