What Happens to the Brain When One Suffers a Concussion?

Have you ever wondered what happens inside the brain when one suffers a concussion? Well, thanks to bioengineer David Camarillo from Stanford University, this information is now becoming available. Mr. Camarillo and his team created a mouth guard with multiple sensors. NFL players are wearing these sensors to help study the consequences on the brain during impact of a brain injury.

One thing they have learned so far is that previous theories regarding this type of brain injury are inaccurate. It was previously believed that when impact happens your brain is shaken around like an egg in its shell. The damage is now thought to be from the white matter deeper inside the brain, resulting from fibers twisting after impact. Now it is described as similar to the way Jello stretches and tears if you were to shake the plate the Jello resides upon.

If you or a loved one have suffered a concussion or any other severe brain injury, call Mayfield Law Office today for your free initial consultation.

To read more on this and to watch a video showing exactly what happened to one NFL players brain, please follow this link:

https://www.nytimes.com/interactive/2017/01/09/sports/football/what-happened-within-this-players-skull-football-concussions.html?_r=0

A local East Texan was recently awarded a $1.6 million verdict

Personal Injury Attorney Auto Accidents

A local East Texas lady from Palestine, Texas has recently been awarded a $1.6 million verdict in a personal injury suit against a trucking company named TQT, LLC. The driver of the 18-wheeler reportedly ran a traffic light while turning and crushed the Plaintiff’s vehicle, causing severe and lifelong injuries.

18-wheeler accidents happen all too often. On average, there are roughly 500,000 trucking accidents every year in the United States, with an estimated number of 5,000 resulting in a fatality. Of those fatalities, 98% occur to the driver of the passenger vehicle.

If you or a loved one have been injured by the negligence of another driver, call Mayfield Law Office to discuss the options available to you.

http://www.palestineherald.com/news/palestine-wreck-victim-receives-million-settlement/article_5956f466-d6db-11e6-b0cc-27db0a721c30.html

http://www.truckaccidentresourcecenter.com/truck-accident-statistics/

AMARILLO, TEXAS COURT OF APPEALS UPHELD MULTI-MILLION DOLLAR NEGLIGENCE JUDGEMENT FOR INJURED WORKER

The Amarillo Court of appeals previously upheld a $5.2 million judgement secured by an injured worker against an employer that chose against obtaining workers’ compensation insurance.

Charles Robison was a truck driver for West Star Transportation, Inc.  He was attempting to tarp an unusually tall load, without adequate tools or protection, when he fell sustaining catastrophic traumatic injuries.  Because his employer refused to secure workers’ compensation insurance to cover employees, Robison brought a negligence lawsuit for his damages at law.

After a jury trial, verdict was rendered in his favor and judgement was entered in the amount of $5,298,590.78.   West Star appealed and alleged that the evidence did not support the verdict.  On January 23, 2015, the Seventh Court of Appeals in Amarillo, traditionally known as a conservative court, found in favor of the injured worker.

The Court affirmed that an employer must use ordinary care in providing a safe work place.  The employer must warn the employee of safety hazards that are not commonly known or appreciated.  Additionally, the employer must provide needed safety equipment, suitable appliances, and sufficient assistance so the employee may carry out his or her assigned duties with reasonable safety.  Failure to do these things may result in a negligence lawsuit when an employer elects against workers’ compensation insurance coverage. Because West Star violated these duties to this injured worker, the Court affirmed the judgement.

Please call Mayfield Law Office, if you or a loved one have been injured while working.

Texas Leads the Nation in Workplace Deaths

Texas has led the nation 11 out of the last 14 years in workplace deaths. According to the statistics, Texas had 524 workplace deaths. That is a 3% increase from the year before. This is significant considering Texas is the only state that does not require employers to carry workers compensation insurance. After accounting for employers with private insurance, Texas has over a half-million workers without insurance.

On a national level, 40% of workplace injuries by occupation, happened in the transportation sector. This includes everything from sales to pedestrian/vehicular incidents. In the private sector, the leading industry was construction, checking in with the highest deaths reported since 2008. Other areas reported significant increases in deaths as well. Oil and Gas Extraction is up 17%, agriculture and forestry is up 14%, and manufacturing is up 9%.

The head of the Occupational Safety and Health Administration, in reference to the construction industry, said “workers are not being given adequate protection.” With the increase in workplace deaths, and the lack of insurance coverage for the Texas workforce, there is an obvious need for change.

If you have lost a loved one in an on-the-job accident, please contact Mayfield Law Office. We are here to help.

Is There a Time limit on My Injury to File a Personal Injury Lawsuit?

If you have an injury caused by the negligence of another person or company that has progressed over time, then you may be interested in knowing the laws in Texas that govern the time limits you have to file a personal injury lawsuit.

In Texas, Personal Injury Laws are governed by certain Texas Statutes of Limitations. Generally, there is a two-year statute of limitations on your injury, meaning that you have two years from the day your injury occurred to file a lawsuit in judicial Court.  Many factors may affect how the law may calculate the time limits for filing a lawsuit to recover personal injury damages as a result of your injury.

At Mayfield Law Office, we understand that you may not have wanted to file a lawsuit at the beginning of your injury. However, as time goes by, some injuries progress and medical bills start to skyrocket. In these instances, it can be a good idea to find out what your rights may be to seek compensation for your injury.

If you or a loved one are a victim of this circumstance, contact Mayfield Law Office today for your free initial consultation.

NPR Reports on Employers Dropping Workers Compensation

Texas is unique in many ways.  One such distinction involves workers’ compensation coverage for injured workers.  Texas is one of only two states in the union that allow employers to reject workers’ compensation coverage.  The trend appears to be growing, as many states are now considering this opt-out option to become a nonsubscriber.  NPR covered this topic in an article on October 21, 2015.

Nonsubscribers are numerous in Texas.  WalMart is the largest and most notable nonsubscriber, and appears to be behind business groups that are pushing states to allow rejection. Many other retailers have opted out, and the trend is upward.

If you get hurt working for a nonsubscriber, the employer may choose to provide you workers’ compensation checks and medical care.  It only pays benefits if it sets up a plan.  If it does choose to provide you benefits, they are not regulated by the state, and may be as much or as little as the employer wants, and you have no say.  There are less stringent reporting requirements for these employers, and consequently we believe the severity, extent and duration of job injuries will be under reported.

There is a consequence for being a nonsubscriber.  If you work for one of these employers and get hurt, you may bring a cause of action for your damages at law.  But, you must prove all of the elements of a negligence tort.  You must prove duty, breach, causation and damages.   Many accidents are not the result of negligence, and likewise there is no recovery.  To further complicate matters, most employers compel binding arbitration.  This means that you cannot take your claim into a court of law, but are bound by judges assigned by an arbitration group.  Additionally, you have no right of appeal.  The civil justice system is replaced by fine print in the documents you sign when you are hired.

The link to the NPR story is here:

At Mayfield Law Office we represent injured workers of subscribing and nonsubscribing employers.  If you need to know your rights, call us today, with offices in Longview and Dallas, Texas.

New Year’s Eve 2016 – Be Safe Out There – Don’t Drink and Drive

As you are gearing up for the all the glitz and glimmer of New Year’s Eve, it’s smart to remember safety precautions. Even with all the publicity that surrounds drunk driving, New Year’s Eve is still the second deadliest night of the year due to intoxicated motor vehicle accidents.

Experts expect New Year’s Eve 2016 to be one of the most dangerous in recent History. 2016 has already seen the highest increase in drunk driving deaths in over 50 years. On average, 28 individuals have died per day.  Over 10,000 people lost their lives in 2015 from alcohol impaired driving. That number doesn’t include those individuals that lost their livelihood and are now spending time behind bars. Use good judgement this holiday eve, grab a cab, an Uber, or have a designated driver.

Let’s all get home safely to our loved ones. Mayfield Law Office wishes you all a safe New Year’s Eve, and a Happy New Year in 2017.

http://www.cbsnews.com/videos/2016-feared-as-deadliest-year-for-drunk-driving/

Texas Ties Louisiana for the Worst Drivers in the Country

Have you ever driven across the state of Texas and thought, “People drive terrible around here?” Well your thoughts aren’t far from the truth. A recent study put together be three different car insurance companies has ranked Texas as having some of the worst drivers in the country. The study has Texas tied for the number one spot with Louisiana.

The National Highway Traffic Safety Administration (NHTSA) has Texas listed as ninth in the country for speeding related incidents, ninth for motor vehicle fatalities, and third for drunk driving incidents.

If you or a loved one have been injured due to the negligent driving of another person, call Mayfield Law Office for a free initial evaluation of your case. We are here to help.

Follow the link below to read more about the studies. http://dfw.cbslocal.com/2016/12/22/studies-rank-texas-drivers-among-the-worst-in-the-country/

All-Terrain Vehicles – One of The Top Ten Deadliest Products in The U.S.

Did you or a loved get an All-Terrain Vehicle “ATV” for Christmas? If so, it is important to realize the dangers that go along with owning this type of vehicle. ATV’s have recently been ranked by the Consumer Product Safety Commission as one of the top ten deadliest products in the United States.

On average, an estimated 135,000 individuals will seek treatment from an emergency room for injuries sustained by operating an ATV, and another 700 individuals will die annually. In fact, Texas ranked second in fatalities nationwide from 1982 to 2008.  These statistics are not surprising given Texas residents are not required to have a drivers license to operate one of the vehicles. 

If you or a loved one has been injured on an all-terrain vehicle, call Mayfield Law Office. We can help. To learn more about the statistics and safety precautions, please follow this link.

https://www.cpsc.gov/Safety-Education/Safety-Education-Centers/ATV-Safety-Information-Center/

NHTSA Releases Proposed Guidelines for Distracted Driving Caused by Mobile Devices

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) recently released proposed guidelines to help address driver distraction caused by mobile and other electronic devices in vehicles.

NHTSA has proposed of voluntary guidelines to address driver distraction on U.S. roads. U.S. Transportation Secretary Anthony Foxx stated that “[t]hese commonsense guidelines, grounded in the best research available, will help designers of mobile devices build products that cut down on distraction on the road.” The guidelines encourage manufacturers to implement features which will allow a portable device to link into a vehicle’s infotainment system, known as pairing, as well as Driver Mode, which provides a simplified user interface.

For more on the proposed guidelines, click the following link.
http://www.nhtsa.gov/About-NHTSA/Press-Releases/nhtsa_distraction_guidelines_phase2_11232016