Perlmutter & Schuelke, LLP » Firm news

Truck Versus Pedestrian Accidents Often Fatal Says Austin Personal Injury Lawyer

jferris — Tue, 01 Mar 2011 22:31:01 +0000

Due to their size, big rigs versus pedestrian accidents often have a fatal outcome. The two deaths in this case are a reminder to use caution around big trucks, whether on foot or on the road.

“Often the best way to explain a legal premise or what the law means is to highlight a case that happened to someone else. This particular case was bizarre in that two men were killed four days apart at the same location, in the same manner. Each of these deaths are examples of men who, although they were familiar with big rigs, did not pay attention to what they were doing when they got out of their trucks. Equally, other truckers were not paying attention to pedestrians,” said Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.

The first truck crash happened early in January 2011. The second wreck was four days later. Both truckers on the ground were killed by other truckers who did not see them. Unfortunately, the second fatality was a hit and run and the police have not yet located the 18-wheeler who killed the Texas trucker.

Are these personal injury or wrongful death cases?

“In each case, it is likely the families of the dead truckers would want to speak to a wrongful death attorney to ask how to obtain compensation for the loss of their loved one. Sudden death like this comes as a great shock to everyone left behind. Does the question of negligence play a part in these cases? Yes, and that would likely focus on what the truckers who hit both men were doing just prior to the impact. It’s something that needs to be known to put together a wrongful death case,” Schuelke said.

Wrongful death cases are typically about compensation for those left behind to allow them to get on with their lives. “Figuring out the damages that may be collected for a wrongful death is often complicated and although the family may claim medical bills and funeral and burial expenses, the future needs to be considered. In other words, damages may address future losses, such as an estimated total of wages the person would have earned had they lived and the pain and suffering of the survivors who have lost their loved one,” Schuelke said. Often, future earning testimony will need to be given by an expert witness.

Does a settlement in a wrongful death lawsuit need to be shared with all the relatives? “The answer to that is, possibly, and that entirely depends on which state’s law governs the case,” said Schuelke.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

Quick Auto Accident Settlements Not Always Beneficial Says Austin Personal Injury Lawyer

jferris — Tue, 01 Mar 2011 03:50:17 +0000

Claimants can get a settlement quickly if they go along with the insurance company and settle fast and low. Unfortunately, this may also result in the victim not getting fair compensation.

“If there’s one thing that I hear a lot of in my practice as an injury lawyer, it is the question, ‘How long will it be before I get a settlement from my car accident?’ The response is usually that getting a settlement takes whatever time is necessary if you are dealing with an insurance company with the assistance of a lawyer. It may take less time if you choose to try and deal with the insurance people on your own; something I don’t highly recommend,” said Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.

Dealing with an insurance company can be one of the worst experiences anyone could ever have, largely because, although they want to settle fast, insurance companies do not want to settle quickly for the same reasons that the victim does. When an insurance company is in a hurry to get a claim settled, they try to get the injured victim to resolve the claim fast and for a low amount. In other words, settle for far less than the victim may actually be entitled to should their case go to court. Their main goal is to give victims as little as possible, send them packing, close the file and call it done.

Often, some of the tactics used by insurance adjusters would shock anyone with a sense of fairness. For instance, it is not uncommon for an insurance adjuster to put words into the victim’s mouth and then add a twist to them. They may start out with a nugget of truth and then spin their sentence into something completely different.

It is not uncommon for them to change horses and opinions mid-stream, either. In one conversation, the victim may be told the other driver did not have the right to do what they did. In another conversation, the opposite may be said. Confusion, diversion, fabrication, offensive remarks and subtle, or not so subtle, accusations are the stock in trade for many aggressive insurance adjusters aiming to keep as much money as they can and close out a claim for as little as possible.

Insurance companies run a business; the business operates on a bottom line. The bottom line is to keep as much money as they can, not hand it out to claimants. If all the claims were paid out at values that were actually fair and equitable, the insurance company would not make as much; hence the drive to save money on the backs of injured drivers.

Be aware that most insurance companies will take notes and record what victims have to say for use against them later. What may appear to be just facts to the plaintiff may suddenly become a conspiracy theory against the insurance company to wring more money out of them unfairly. Dealing with insurance adjusters is like trying to nail Jell-O to the wall.

“While it may seem like you are getting a good settlement offer, you may not be aware, without having spoken to a skilled Austin personal injury lawyer, that you should be compensated fairly for the damages you have sustained. Perhaps the injuries seem minor on the surface and you sign a waiver on your insurance file. Big mistake. Crash injuries have a way of developing into something else over time and if you waive your rights, you can’t claim for anything later. This is why you need to talk to an attorney if you want justice and adequate compensation,” Schuelke said.

Contact Perlmutter & Schuelke LLP at Civtrial.com or (512) 476-4944.

Big Rig Brake Failures the Cause of Many Fatal Wrecks Says Austin Personal Injury Lawyer

jferris — Sat, 26 Feb 2011 03:50:32 +0000

Mechanical failure is one of the leading causes of 18-wheeler accidents. Maintenance is crucial to safe operation.

“While this should be a no-brainer, it seems that a great number of trucking companies don’t always keep their trucks up to snuff. Perhaps they are tired, don’t have time or forget, but maintenance can be the biggest lifesaver when they take their rigs on the highways and byways of the nation. All it takes is one missed brake or load check to ultimately become the reason for a fatal wreck,” said Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.

The trucking industry, by and large, does a good job of keeping their behemoths running smoothly and on the road. Those rigs keep the nation in business every day of the week by transporting goods. More often than not, truckers check their loads; check how they are strapped down, check their tires, their fuel levels and brakes. Unfortunately, there are those who would prefer to go for the cash at the end of the run and not take the extra time to do due diligence to ensure their truck is safe.

“Any trucking company and/or trucker that does not take the time to properly perform safety checks on a regular basis is taking the potentially fatal risk of killing someone in a wreck. It’s a given that when an 18-wheeler hits another vehicle, the results are usually deadly. It is up to the driver and the company to take the responsibility to be safe, drive safe and travel safe. The lives of others, including their own, are at stake every time a rig hits the road,” Schuelke said.

Mechanical flaws that affect the function of an 18-wheeler, such as poor or worn brakes or loose tires that come off, have the potential to blow up when least expected. No one wants to be in front of a big rig whose driver suddenly discovers that the vehicle’s brakes are not working properly; a disaster in the making that could have been avoided had the driver done a proper safety check before starting the run.

Consider the case of the four vehicles stopped at a construction zone on the highway, waiting for a piece of heavy equipment to clear the road. Out of the blue, the tractor-trailer coming up behind them suddenly realizes the cars are stopped. In an attempt to avoid the inevitable, the trucker hit the brakes and steered toward the ditch.

The brakes failed. The truck did a sideswipe, snake-like motion and completely creamed the last car in line. There were no survivors in the vehicle. The trucker had not checked his brakes and performed proper maintenance on them for months. The estate of the family killed in the wreck would ultimately file a wrongful death lawsuit based on the trucker’s negligence in not maintaining his vehicle.

“Regular inspection and maintenance are the responsibility of every trucking company and trucker. If they fail to take care of their fleet, the results can kill. If you have been in a situation like this, please, call my office for information and to find out what your legal rights are in cases like this,” said Austin personal injury lawyer Schuelke.

Contact Perlmutter & Schuelke LLP at Civtrial.com or (512) 476-4944.

Wrong Way Driver Kills Two and Almost Dies Himself Reports Austin Personal Injury Lawyer

jferris — Sun, 20 Feb 2011 22:29:55 +0000

A witness to a fatal crash is haunted by his attempts to try and avert the accident. It did not work and two died.

“It is not too often that when a person sees an accident about to happen that they try and avert it, like one driver did in this case we heard about. It was very early in the morning and a taxi driver was on the highway on the way to pick up a fare, when he noticed a pickup truck speeding the wrong way in the westbound lane. The truck was all over the place and in and out of traffic. It appeared the man behind the wheel was ripping along at about 80 miles per hour,” said Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.

The cab driver flashed his headlights as a warning and then frantically tried to call 911. It was too late by then, as the accident had already happened before he had finished hitting the last number 1. As the truck was rounding a curve in the road, it swerved and then careened head-on into another vehicle, without ever hitting the brakes. The hit was a direct head-on, and the impact was ferocious.

“There were two men in the Jeep Cherokee that was hit by the pickup truck. One was 37 years old and the other, 42. Both men were pronounced dead at the scene of this horrific wreck of twisted metal,” Schuelke said. EMS crews thought the pickup truck driver was also dead, but he moved, prompting the ambulance to rush him to the nearest hospital, where he was listed in critical condition.

There is not much doubt that the families of the dead men will want to speak to a wrongful death personal injury lawyer about compensation for the loss of their loved ones. It is obvious the pickup truck driver was negligently and recklessly driving the wrong way on a one-way road. “That decision cost two innocent victims their lives. Whether or not drugs or alcohol, texting or distracted driving was the cause, the end result was that the pickup driver’s negligence was the proximate cause of the two men dying that morning,” Schuelke said.

The police report indicated that there will likely be charges pending in this case, although there was no specific mention of what types of charges were being contemplated. If there are criminal charges laid, which is entirely likely, and the man goes to jail, this does not preclude either of the families filing a wrongful death lawsuit. “If you have been in a similar situation, please do not hesitate to contact my office. We will take the time to explain wrongful death lawsuits to you and help you through the legal process,” Schuelke said.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

Austin Personal Injury Lawyer Advises Car Wreck Victims to Contact Counsel Quickly

jferris — Sat, 29 Jan 2011 03:51:34 +0000

A driver going the wrong way slammed into two other vehicles, causing a horrific wreck. The wrong-way driver was killed in the raging inferno of her exploding car.

“This particular accident was a shock to all those involved. It happened when a wrong-way driver, in control of a Mercury Tracer, was heading south in the northbound lane of I-35 near Austin. She slammed into a Ford F-150. Just seconds after the first impact, a Toyota hit the Tracer. The second impact detonated the gas tank on the Tracer, trapping the driver inside,” said Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.

Emergency crews arrived quickly, but discovered the Tracer driver was dead. The survivors of the wreck were taken to the nearest medical facility for treatment. The police report had no further details pertaining to whether or not drugs or alcohol were involved in this accident and a full investigation would be launched.

The first thing most people think about when they have been in an accident is whether or not they will be OK – be able to walk and live a normal life. They are in shock and not thinking straight. When the chills wear off and they are medically assessed as being OK, or evaluated with serious injuries and will need extensive care, many then start wondering whether or not they can claim compensation for their medical bills, lost wages, pain and suffering and property damage.

“The answer to that is ‘Yes, they can file a personal injury claim for compensation.’ The first step in that process is to contact an experienced Austin personal injury lawyer and find out what your rights are and how a trial comes together and, as odd as it may sound, to find out if there was negligence involved and whether or not negligence may be apportioned between the other driver and the plaintiff,” Schuelke said.

In this particular case, any plaintiffs choosing to file a lawsuit would be filing against the estate of the dead Tracer’s driver. If drugs or alcohol did play a role in this wreck, this is information a lawyer may use to highlight the wilful negligence of the driver. “Mind you, the fact that she was already driving south in a northbound lane is a good start to indicate there was negligence,” Schuelke said.

Do not wait too long to seek legal counsel, as every state has a Statute of Limitations that will kick in and bar an action if a plaintiff waits too long to file. This is information that needs to be discussed with an attorney prior to proceeding with a personal injury case. “It is my job to deal with cases like this and to advise those who have been injured what their options are to recover compensation. If you have been in a car wreck and need help, I’d be pleased to talk to you about your case,” Schuelke said.

Contact Perlmutter & Schuelke LLP at Civtrial.com or (512) 476-4944.

Austin Personal Injury Lawyer Points Out Trucking Companies May Cause Accidents, Not Just The Trucker

jferris — Sun, 16 Jan 2011 03:52:51 +0000

It is not always the trucker alone who is responsible for big rig wrecks. Fault may lie with the trucking company.

It goes without saying that driving on the highway in the presence of 18-wheelers is enough to give many drivers serious concerns. It is well known that big rigs can and do get involved in some really nasty accidents, often resulting in either serious injuries or death for those they hit. While they keep American industries moving, they are often in violation of rules of the road, rules of safety or rules of the government in order to get paid a decent living.

“The very size of these vehicles means any wrecks will be ugly and often fatal. Truck versus car collisions can also be caused by a car driver, a negligent trucker, a defect with the truck or the company that owns the vehicle and hired the trucker,” said Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.

It is fairly common knowledge that there is a legal limit on the amount of time a trucker can drive each day. This is often referred to as hours of service. The idea behind this is to keep fatigued drivers off the road, because being tired means making just about as many mistakes as being drunk; a disaster in the making.

“Sadly, some trucking companies turn a blind eye when truckers violate the hours of service rules or instruct them to ignore the rule and get stuff delivered fast, to meet or beat a deadline. Trucking companies are not immune to the rules and when they choose to flaunt them, they may be held responsible for a truck wreck,” Schuelke said.

Negligent hiring is another very real concern in the trucking industry. This means precisely what it says, that the trucking company hires without checking driver’s extracts or records. For all they know, the person has a string of citations for reckless driving or has been fired previously for driving like a maniac.

Instead of just hiring someone with a pulse, companies need to do due diligence to ensure drivers are safe, reliable, trustworthy and good drivers. Should they ultimately hire a lemon without checking the background details and an accident happens, the company could be the one on the mat facing the music.

“Not training their new hires properly or not maintaining the fleet as required are two other areas where trucking companies may run afoul of the law when one of their truckers is involved in an accident. These various scenarios are one of the many reasons why trucking accidents are as complex as they are. If you have been involved in one, you will need to know where you stand. I’d be happy to answer your questions if you call me,” Schuelke said.

Contact Perlmutter & Schuelke LLP at Civtrial.com or (512) 476-4944.

The Tort of Strict Liability Applies in Personal Injury Cases Says Austin Personal Injury Lawyer

jferris — Wed, 15 Dec 2010 20:30:51 +0000

Strict liability is a tort law and means a party is liable for all damages as a result of their dangerous actions or products.

“The most common strict liability claims arise from injuries caused by dangerous products. Basically, when a product causes a foreseeable harm to a consumer, the maker of the product and the distributor may be liable to pay damages. There is an exception, and that is if the product did have a warning about the possibility of an injury, the maker of that product/item isn’t always held liable,” said Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.

Products that come with warning stickers about obvious hazards are labeled like that for a good reason; it protects the manufacturer from lawsuits.

Even though products may be labeled, this does not necessarily mean that the warning sticker is adequate. The best example of that is the latest rash of children’s toys being recalled or otherwise avoided. While a piece of children’s jewelry may be labeled with a warning sticker that indicates a choking hazard, it may not contain a warning about high levels of lead.

Any child that suffers injuries from being exposed to lead paint may sue the toy maker for compensation. The number of product recalls these days is overwhelming and certainly makes people in general leery of buying things and parents, in specific, jumpy about what they buy for their children.

“There are so many things to watch out for, you almost need to make a list that includes watching for fall hazards, fire risks, burn perils, laceration and puncture dangers, explosion and projectile hazards and so on. And, since some of the products on the market are ultimately dangerous for more than one reason, but this is not caught before they are sold, chances are they may get approved and put on the market. If your child has been harmed by a product like this, you’re welcome to call my office to find out what your rights are,” Schuelke said.

The second category of strict liability claims involves dangerous pets. “A pet owner or keeper may be liable for injuries caused by a pet if the owner knows that the pet has some type of dangerous propensities that aren’t typical for the type of pet,” Schuelke said.

The most obvious examples of these cases are dog bite cases. But these kind of strict liability cases apply in other situations. For example, when a pet owner knows a dog has a tendency to jump up on visitors, the owner may be liable for any injuries the dog causes when it jumps up and knocks someone down. Similarly, a horse owner might be liable for damages if the owner lets a person ride a horse known to have dangerous propensities.

“It’s not only important for victims of animal attacks to know about strict liability, but also for pet owners to know their obligations,” Schuelke said.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

Negligence Will Be Apportioned Between Parties Indicates Austin Personal Injury Attorney

jferris — Fri, 10 Dec 2010 20:30:42 +0000

Pure comparative negligence determines that injury compensation is divided based on fault. Not all states follow this rule.

“One of the key ingredients necessary to determine fault in accidents is the presence of negligence. In the U.S., there are four ways to figure out damage awards: pure contributory negligence, pure comparative negligence, modified comparative negligence (50 percent bar rule) and then modified comparative negligence (51 percent bar rule). Not all states follow the same system. In order to know what you may face in court, if your accident was in Texas, you will need to understand how the system works. For this, you will need to consult a personal injury lawyer,” said Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.

When a plaintiff goes to file for damages as the result of an accident, the arbiter at trial has to figure out who caused the accident. Typically, the person who was negligent and caused the crash is the one paying for the damages. However, if more than one individual was at fault, the negligence is divvied up between the parties on a percentage basis, based on the apportionment laws of the state where the accident took place. “Depending on the jurisdiction, the allocation does impact damages awarded,” said Austin personal injury lawyer Schuelke.

While it may seem like an odd way to talk about liability – who did what and how much at fault they are – there has to be some method in place to break liability down into percentages. This is particularly true if one party is more responsible for the wreck than another. Ultimately, it is a matter of being more or less responsible for their actions. That does not mean both individuals cannot file claims for compensation for any injuries or damages they sustained.

“An example may be that a person is 45 percent liable for a car wreck because they turned abruptly without signaling their intentions and were rear-ended because the person behind them was following too close. That means they could claim 55% of the total compensation they may be awarded. In other words, the percentage of the fault that was not theirs,” Schuelke said. While this may be confusing, an experienced Austin personal injury lawyer can explain it in plain English so that it makes sense.

In Texas, the modified comparative fault (51 percent) rule is followed. That means an injured plaintiff may only recover if it is deemed that the plaintiff’s fault isn’t 51 percent or greater. If the injured victim was 50 percent or less at fault for the accident, they may still recover damages. “What this boils down to is that if a plaintiff is found to be responsible for causing 50% of the accident, they may still file a damage claim and recover. If the plaintiff was responsible for more than half the crash, they are barred from getting damages from the court,” Schuelke said.

“There are always exceptions to every rule, so if there are questions about any case you may have been involved in, call my office for answers. That’s my job, to tell you your rights and if I may assist you, I will,” Schuelke said.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

The Law Firm of Perlmutter & Schuelke Explains Pharmaceutical Errors Increasing

jferris — Tue, 30 Nov 2010 19:24:18 +0000

Just about 1.3 million people across the U.S. will die each year as a result drug errors. Pharmaceutical mistakes are on the rise.

It’s not a secret that medical malpractice lawsuits are growing every year, despite some states capping a victim’s award. Companion cases to medical errors made by surgeons, doctors, nurses and dentists are pharmaceutical mistakes that are growing by leaps and bounds every year. In fact, close to 1.3 million people will die in the U.S. this year as a result of incorrectly prescribed or wrongly filled prescriptions.

“This is alarming, as just about everyone you may know has taken or is taking some kind of pills prescribed by a doctor. Taking drugs is a common daily occurrence for just about three quarters or more of the population. Consider what would happen if the drugs you are taking cause deadly side effects because the dose was wrong or it was the wrong drug? It’s happened, because humans make mistakes, whether they are medical professionals or not,” said Brooks Schuelke, an Austin personal lawyer with Perlmutter & Schuelke, L.L.P.

Those taking their daily medications might want to pause and read the label closely, just to make sure it is the correct drug in the proper dosage. They might also want to double check any prescription they are handed by a doctor to verify what they’re being told to take and why, and then check again at the drug store to see if the right drug is dispensed. It’s not too far-fetched to find that the drug in the bottle is not the one it is supposed to be, because they looked similar on the shelf.

Pharmaceutical errors happen just about anywhere within the medical system; in a hospital room, in a nursing home, at the drug store and in the doctor’s office. Medical professionals are human and humans make mistakes, despite their best intentions. Taking the wrong pill has the potential to cause grave side effects or even death. Once someone takes the wrong pill or wrong dose, it’s in the body and it can’t come out.

“The bottom line is that we trust our doctors and medical professionals to do what is in our best interests. We trust they understand the effects of the drug they want us to take and that they prescribe drugs that won’t harm us. In this day and age, it’s best to be your own advocate when it comes to keeping track of your medications. It’s your body, your health and your life and you want to get it right,” said Schuelke, the Austin personal injury lawyer.

For those who have suffered as a result of pharmaceutical negligence, consult with a seasoned Austin personal injury lawyer to find out about eligibility for compensation for pain and suffering and mental and emotional trauma.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

Austin Personal Injury Lawyer Brooks Schuelke Indicates Medical Misdiagnosis is on the Rise

jferris — Thu, 25 Nov 2010 19:26:10 +0000

Statistics show that family practitioners and general internists get the diagnosis wrong a relatively high number of times when a person is having a heart attack.

A very recent study on heart attack diagnosis released by the Physician Insurers Association revealed that malpractice in this area is quite high among family practitioners and general internists. They have the highest number of med mal claims and the highest average indemnity payments of any group of doctors.

“What this suggests is that heart attacks are difficult to diagnose because the symptoms can mimic a wealth of other conditions,” said Austin personal injury lawyer Brooks Schuelke, of Perlmutter & Schuelke L.L.P.

The study also indicates that acute myocardial infarction is the third most expensive medical condition that often ends up in claims against doctors, following closely behind birth injuries involving brain damaged babies and breast cancer. The numbers in this study reach back to 1985 and show that the insurance companies in the study paid out on 349 cases relating to heart attack misdiagnosis with a total indemnity of more than $91 million.

“There were 27 insurance companies that took part in this study, so if you extrapolate to include other insurance companies over the same period of time, the number of heart attack cases would be significantly higher, along with the final indemnity statistics. What that means is the rate of misdiagnosis for heart attacks is alarming and if you have had this happen to you, you will want to discuss your case with a skilled Austin personal injury lawyer,” Schuelke said.

The group with the highest number of claims filed (160 of 423 defendants) were general practitioners, often referred to as family doctors, followed by internal medicine medical professionals, who took the lead in indemnity payments, averaging roughly $252,100. The patient demographics indicated that at least one-quarter of the total payments (16 percent) were made to those under the age of 40, and 47 percent under the age of 50.

“For people in those age ranges, with a lot of living left to do, being misdiagnosed for a heart attack can and has resulted in fatal consequences,” Schuelke said. “The biggest concern is that the symptoms are clever mimics of other diseases. Having a heart attack and not being diagnosed correctly has become one of the most frightening situations to be in today, as the symptoms may be mistaken for gastrointestinal distress, a respiratory problem like bronchitis, asthma, anxiety or pneumonia.”

The best advice for someone who feels their heart attack was misdiagnosed as something else and that this medical error gravely affected their life is to speak to a seasoned Austin personal injury lawyer and find out precisely what can be done to move forward.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.