Sometimes it is the little things in life that, once discovered, change the outcome of a trial.

This particular case took seven years to finally offer the family some sense of closure over the death of their 13-year-old son. The young boy was killed in a car wreck, as the drunken driver of the vehicle lost control and slammed into a tree. The car was full of teens that had been partying and everyone was inebriated. In fact, the group of friends had been going back and forth to a local convenience store that fateful night, buying booze.
They didn’t buy booze just once. They ultimately came to the gas bar and convenience store three times that night, stocking up on more alcohol each time. In short, the gas bar was selling liquor to underage minors. However, it wasn’t until the last few years that they finally admitted they had sold the kids booze. For years they denied the sales had ever happened.

When the case got to trial, the jury was angry that the former owners of the store had blatantly lied about the role they played in the deadly accident. It appeared they did not want to admit they had illegally sold alcohol to minors and that in doing so had precipitated the death of a young boy and created the perfect storm of events that would seriously injure three other teens. The jury handed down a $15 million verdict.

Although the young boy’s family was relieved to have the case finally resolved, they didn’t care that much about the jury award. The main reason they went to court was to try and ensure that others would get the message that it is dangerous to sell alcohol to minors. Nothing would bring the young boy back, but perhaps the fact that the former owners were held responsible for his death would demonstrate that such actions are illegal, immoral and unethical, and that eventually, those who sell to minors or over-serve those already drunk will be held responsible for their negligence.

Wrongful death lawsuits are usually not about revenge. They are a vehicle to make a point and get a message heard. They are one way for a grieving family to achieve some form of closure. If you have been in a situation similar to this one, make contact with an experienced Austin personal injury lawyer. You need to know what your legal rights are and what to expect should your case go to trial.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Is using Facebook during a wrongful death trial an ethics issue or a legal issue?

This is one of those cases that make waves — not so much for the case itself, but for the presence of and use of social media during a trial by the jury foreman.

The case itself related to the wrongful death of a woman at the hands of a medical practitioner. The statement of claim filed on behalf of the plaintiffs in 2009, alleged careless and negligent treatment of their mother in 2008. The sons were under the age of 18 at the time the lawsuit was filed, and therefore the father filed on their behalf. They also asked the court for damages in excess of $25,000.

The case did go to trial in Oct 2012, and the jury found in favor of the defendants, and further awarding court costs to the plaintiffs. Many thought that would be the end of the case. It wasn’t. About a month later, the plaintiff’s attorney filed a motion for a new trial. Evidently one member of the jury did not reveal, despite being questioned, that she and her deceased husband had arterial stents. There was also the matter of the court possibly erring by denying the plaintiffs five challenges to ineligible and unqualified jurors from the pool.

Those issues aside, the biggest objection, and leading reason to call for a new, fair trial, was the jury foreman’s use of social media during the course of the trial. He regularly posted on Facebook about being on the jury, made jokes about wanting booze and about how he was instrumental in getting a verdict delivered in under an hour.

On review by a judge, who commented the actions of the jury foreman were not pleasing to the court, the finding for the defendant was allowed to stand. It was allowed to stand because despite the man openly using social media to tell the whole world about his part in the trial, he did not reveal any case details, discuss any of the evidence presented in court and did not express an opinion on the case. This case may yet move forward to a higher court to determine the role of social media use in court cases and what is or is not acceptable for jurors while on duty during a trial.

While this might seem like a minor issue, because everyone uses social media these days and thinks nothing of it, it has ramifications beyond the obvious. Court cases are not to be discussed in public. Evidence is not to be openly talked about in social media settings. Opinions or thoughts relating to the trial, the facts, the deceased or the defendant are not public fodder. Talking about a trial in progress could prejudice the outcome and drastically affect the course of justice. Because those instructions, to not speak about the deliberations are so important, this case is contrary to a number of cases around the country that have resulted in new trials due to jurors’ use of social media.

Social media is far too prevalent in this day and age, and there are just some places it should not be allowed.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

If you think you or a loved one has sustained a head injury, it’s critical to know potential symptoms of brain injuries.

Knowing the symptoms can help you understand when a brain injury is possible so that you know to speak to your doctor about it.  A 2003 Centers For Disease Control report to Congress noted that in many instances, persons with mild traumatic brain injuries fail to timely seek medical care because they don’t recognize their symptoms. Even worse, the report notes that once care is sought, many medical providers still fail to diagnose the head injury or recognize the severity of the brain injury.  Knowing the symptoms of brain injury and looking for them in yourself or your spouse can help make sure a diagnoses is made as soon as possible.

Knowing the symptoms can also help you understand what you or your loved one is going through.  Often, a spouse or loved one will become frustrated with the way injured person’s conduct.  In those situations, it’s important to understand the symptoms of brain injuries and to know that the injured isn’t choosing to act that way.  Instead, the injured has a serious condition with serious consequences and needs to get medical care.

There are literally thousands of potential symptoms of head injuries.  If you come to our office with a potential head injury, you will be given a form that asks you about the following symptoms, which we commonly see in brain injury cases:

• Headaches
• Feelings of dizziness
• Nausea and/or vomiting
• Noise sensitivity (easily upset by loud noise)
• Sleep disturbance
• Fatigue/tiring more easily
• Irritability
• Feeling depressed or tearful
• Feeling frustrated or impatient
• Forgetfulness/poor memory
• Poor concentration
• Processing issues/taking longer to think
• Blurred vision
• Light sensitivity
• Double vision
• Restlessness
• Reading problems
• Writing problems (writing letters out of order, etc.)
• Word recall/inability to remember words, names or numbers

If you have a head injury, you’re not likely to have all of these symptoms.  Most people only have 2-3, and many only have one.  What is important is to know the symptoms and look out for them following a wreck or other event.

Doctors had long thought that in cases of mild injuries these symptoms would slowly disappear as the brain heals.  But new research is beginning to reveal that even mild brain injuries can have permanent damage and be related to long-lasting symptoms.  For example, in the summer of 2012, a new study of brain injured veterans (and sadly, our veterans are now suffering too many brain injuries) found that symptoms of post-concussion syndrome can last for years.   This and other studies are confirming what we see in our practice — even the most “minor” brain injuries can last a life-time.

It was not surprising to learn that Junior Seau had chronic traumatic encephalopathy.

Seau took his own life in May 2012 and shocked a nation already reeling over other similar sports deaths. He was a former National Football League (NFL) linebacker, who took punishing blows to the head during game play. It is not unusual for athletes who participate in contact sports to end up with head trauma.

What is discouraging is that so many good athletes are taking their own lives as a result of playing a sport they love. Were they playing without enough knowledge to make an informed decision about the risks? You may recall various lawsuits launched by current and former NFL players against the League for withholding information that they could suffer brain damage, as a result of sustaining numerous concussions on the playing field. Coaches and the League had apparently known for years of the risks involved, but nothing was done about it.

Samples of Seau’s brain tissue showed he had chronic traumatic encephalopathy; a progressive disease that may only be diagnosed after death. He was a 12-time Pro Bowl champion, who played in 20 NFL seasons. Seau was only 43 when he shot himself in the chest. His frequent head-on-head collisions over the years with other teammates had caused his brain to deteriorate, drastically affecting his ability to think in a logical manner.

Sadly, many suggest that Seau knew that his injuries had caused problems with his brain.  People have speculated that Seau shot himself in the chest to preserve his brain for future research.

The brain damage found in Seau’s tissue samples was similar to that found in the brains of Andre Waters, Dave Duerson and Ray Easterling. Waters was a defensive back for the Philadelphia Eagles; Duerson, a defensive back for the Chicago Bears and Easterling, a safety for the Atlanta Falcons. This is a serious issue, and millions have been committed for more research to address the long-term health and safety of players who participate in contact sports.

While the news of more research to come thanks to an infusion of $100 million from the NFL Players Association is welcome, one wonders why, if many in the NFL and other sports venues already knew about the issue, that no one did anything. Has the world come to the point where playing a dangerous game and winning, at any expense, is more important than the players? Research could have been started a long time ago. Instead, scientists are playing catch up while players still hit the field and hope for the best.

Brooks Schuelke is an <a href=”http://www.civtrial.com/Austin-personal-injury-lawyers/”>Austin personal injury attorney</a> with Perlmutter & Schuelke LLP. Contact an <a href=”http://www.civtrial.com”>Austin injury lawyer</a> at Civtrial.com or (512) 476-4944.

If you work in Texas, it is the law that employers report all injuries and illnesses.

If you have been injured on the job in Texas, or become ill as a result of conditions in your workplace, your employer is obligated to file an OSHA 300 Log. The log must offer a complete picture of the accident and contain the identity of the worker involved, complete details of the incident, where it happened, what kind of injury was sustained and how many days the worker missed due to the injury.

This section, relating to how many days are missed, is where things get a bit complicated. Although the method of calculation is laid out in 29 Code of Federal Regulations, section 1904.7(b)(2), trying to decipher what it means usually requires the services of an experienced Austin injury lawyer. The guidelines basically cover how to take into account holidays, temporary plant closures, layoffs and weekends. There are often difficulties in assessing the number of days a worker misses, due to how the employer may interpret the regulations. If your injury keeps you off the job for over 180 days, your employer does not need to keep any further records.

Keep in mind that an injury or illness needs to meet certain criteria before it may be filed. For a log to be kept, the injury/illness must be related to work, must be new, not a re-injury, and it must be classified as significant, on the basis of a doctor’s diagnosis. Furthermore, the injury must result in loss of consciousness, medical intervention greater than just first aid, time off work, job restrictions, or a transfer to another job and/or death.

When it comes to significant workplace injuries, medical expenses can be staggering, and any injured worker would likely be looking for a way to obtain compensation. In Texas, there are a number of ways to get compensation, and discussing what those routes are is vital when you reach out to talk to an Austin injury lawyer.

Unfortunately, workers’ compensation does not always provide you with the amount that you deserve, according to the severity of your injury. Additionally, if your injury is the result of someone’s intentional negligence or the result of some form of misconduct by your employer, full financial recovery is possible through filing a personal injury lawsuit.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

A 52-year-old man was hit by a van belonging to a hotel corporation, driven by a hotel employee.

This case was about being in the wrong place at the wrong time. A 52-year-old man was out riding his bicycle early in the evening in September 2008, when he was struck by a van being driven by an employee of one of the local hotels. At trial, the van driver and the hotel corporation were found equally liable in a civil suit filed by the family of the deceased bike rider.

The bike rider was not wearing a helmet at the time of impact, and he was ejected from his bike, slamming into the pavement, sustaining serious traumatic brain injuries. Although he made it to the hospital alive, and survived emergency surgery, he died three days later. He left behind a wife and three sons.

The jury ruled that the bike rider and the van driver were both at fault for the accident. However, the van driver and therefore the driver’s hotel employer were responsible for 58 percent of the negligence in the accident. The cyclist was deemed to be 42 percent responsible, as no one could ascertain for sure if he had obeyed a stop sign prior to the collision. It was determined that the van driver did not have a stop sign, but also revealed that he was traveling 40 mph in a 25 mph zone.

Other evidence that came to light during the trial determined that the van driver may also have been using a cell phone just prior to the impact; a violation of state law. The driver denied that he was on his phone. In assessing the case, the jury awarded $1,709,840 in damages to the estate of the deceased cyclist and $580,000 in damages to the widow, who had asked the court to award expenses for medical bills, funeral and burial costs, lost wages and the permanent loss of her husband’s earning ability, companionship and moral support. The deceased had been a doctor in his native homeland.

Most wrongful death lawsuits are not about exacting revenge. They are about making sure something horrible does not happen to someone else’s family. They are about seeking compensation in order to be able to move forward with their lives. They are about trying to heal and deal with the sudden loss of income provided by the deceased who died a wrongful death.

None of these cases are easy, and many of them take a number of months, if not years to get through court. This is why a family who has lost someone in such a manner needs to seek compassionate and experienced legal counsel from an Austin personal injury lawyer. Assessing damages in cases like this is part of the experience counsel needs to help a family get the compensation they deserve. A seasoned personal Austin injury lawyer will get the family through their ordeal with as little anxiety and grief as possible.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

The good news is that the number of car accidents has gone down. The bad news is that the number of big rig wrecks is on the rise.

There are a number of factors at play during a car accident — anything from texting while driving to mechanical failure. And yet, the National Highway Traffic Safety Administration (NHTSA) is indicating that fatal accidents are down 1.9 percent since 2010. This is good news. The bad news is that on the other side of the statistics column is an increase in truck accident deaths.

A closer look at the car collision numbers indicates that for the first time since 1949, when these types of figures were first recorded, U.S. car accidents are at an all-time low. In 2011, there were 32,367 deaths, and while this sounds on the high side, it is much lower that previous years, sparking hope that drivers are getting the message to drive with due care and attention.

As for tractor trailer units, or big rigs, between 2010 and 2011, the number of fatal accidents jumped by 20 percent— from 530 in 2010 to 635 in 2011. Anytime figures like this take a jump, it is not a good sign. Although these numbers relate to fatal accidents, the number of injury accidents involving trucks also shot up by 15 percent. The cause is a mystery. However there are many industry pundits, and those in law enforcement, that speculate when speed limits for trucks were raised, more accidents followed. Add in the fact that there are now more trucks on the road than ever, and the results may be self-explanatory.

It’s not just speed that kills.  Drivers on the highways need to be aware that truckersare human. This opens the door for things like speeding, texting while driving, falling asleep while behind the wheel, distracted driving, improperly lashed down loads, or the driver is under the influence of drugs or alcohol. The causes are many. The results, should something go wrong, are a disaster.

It’s a fact that when a passenger vehicle gets into an accident with a large transport truck, that the truck wins. There are very few survivors in an accident such as this, and those who do make it out alive, are seriously injured to the extent that their lives may never be the same again – ever. They face years of medical care, pain, suffering, depression and rehabilitation— an expensive proposition to say the least.

If you have been involved in an accident with a big rig, reach out and contact an experienced Austin injury lawyer. If you want compensation for your injuries, medical bills, pain and suffering, lost wages and so on, an Austin injury lawyer is the one to take your case to court— your voice seeking justice when you need it the most.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

The National Football League and the Canadian Football League have faced many suicides of players stricken with traumatic brain injury. Cumulative head trauma is the culprit.

Another well known sports personality has died: Ted Toogood, a former Toronto Argonaut. Over the years he played the sport he loved, he was battered about the field in many ways, including having his helmet torqued to one side. The neurons inside his brain would die, leaving in their wake protein that forms clumps, which then lurk in the brain tissue.

The time bomb starts ticking. The more head trauma, the more clumps. The more clumps, the more it affects an individual’s ability to function. Only death reveals the tau protein clumps that build up and turn the brain into a deadly liability, leading to death.

Toogood, like many other players in both football leagues, prided himself on his ability to take hits – hard hits that rocked the brain around inside the skull pan. When he died, a victim of Alzheimer’s, his autopsy showed he also had chronic traumatic encephalopathy (CTE). Repeated concussions over the course of his athletic career opened the door to Alzheimer’s and led to his eventual death. Although his was not a death by suicide, he was still a victim of a silent killer; one that is rearing its head and sounding a warning call to those that play contact sports.

But, CTE does not only dog athletes. Its study and evaluation may also help battered children, hard working laborers, victims of car accidents, and even the elderly, who are subject to slips and falls. Certainly the concussions sustained in the sporting world have drawn big press, but the problem extends far beyond a playing field. It is just easier to spotlight athletes because they are readily available.

A healthy brain weighs in at about 1.5 kilograms. However, if that brain is subjected to neurodegenerative diseases, it can waste away by one third. Over time, the brain tissue atrophies, the small ventricles enlarge and what was once compact matter begins to slacken. Is the CTE process similar to Alzheimer’s? No one is sure about that, and studies will continue to ascertain if there is a link between the two, such as brain trauma. However, for now, it is a well known fact that Alzheimer’s may arrive as the result of a transient ischemic accident.

For now, death by CTE cannot be determined unless there is an autopsy. Research is striving to find a way to assess concussions faster, while the subject is still alive. The prevailing hope is that if CTE can be discovered earlier, treatment would become possible.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

When an emergency call goes out for help involving a child, the crews know it will be a tough call.

This story had one of the worst endings possible, the death of a toddler. A three-year-old boy was run over by a truck backing up through a parking lot. For some reason, like most small children do, the boy bolted away from his mother and ran off. A short time later, a truck ran him over. Although the boy was only pinned under the truck for a short period of time, it was enough for him to sustain life-threatening injuries. He died at the hospital later that day.

Stories like this bring home the very real safety issues that we all need to be concerned about. Small children simply do not understand why they can’t run free in places like parking lots, and drivers in those lots, and other locations need to be on constant alert to avoid accidents like this one. Drivers need to be even more cautious during holiday seasons, as there are far too many distractions for everyone.

Although many people condemn the use of child leashes as being inhumane and humiliating, a restraint such as that would have saved this boy’s life. Perhaps the most important thing to consider in keeping a child safe is not what looks odd or punitive, but what will keep them alive when they are out in dangerous situations, even if they are with a parent.

Being with his mother in the parking lot did not help this three-year-old, and once he had broken free from his mother, there was no way she could catch up to him before the accident. It’s a devastating blow to watch a child get run over, not only for the parents, but for the driver that struck the boy.

In this instance, there will be more questions to answer before the police get a clear picture of how this misfortune happened. For instance, was the driver under the influence of drugs or alcohol? Was the driver texting while driving? Or otherwise distracted and not paying attention? Not to mention the biggest question of why was the truck driving backwards through a crowded parking lot? It is not clear whether charges will be laid, but should law enforcement discover the truck driver could have avoided the accident, but for a negligent action, there may be charges pending.

In a wrongful death case such as this, parents may wish to speak with an Austin injury lawyer. They need to know what their rights are and how to move forward with a lawsuit seeking compensation for the sudden death of their loved one. Avoid dealing directly with insurance companies, as their main goal is to settle quickly and cheaply. They do not consider the agony of the parents. They are more interested in their fiscal bottom line. Take any questions about personal injury accidents to an Austin injury lawyer, particularly if you want justice.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

I’ve written this before, but few things cause me as much stress as walking in a parking lot with my kids.  I am scared to death that a car backing out of a parking space won’t be able to see them.  They’re 12 and 9 now so they’re getting older and bigger, but even for them, there are still a number of large trucks or SUVs that are designed so that their drivers, when looking out the back window, can’t see my kids, much less younger kids.

Unfortunately, it’s often a deadly problem.

Today, Yahoo had a cover story about the issue.  The story centers on the tragic case of Judy Nieman, who accidentally backed up in a bank parking lot and ran over her 9 year old daughter, killing her.  Sadly, Ms. Nieman isn’t alone.  Every year, there are an estimated 228 fatal backing crashes every year with another 17,000 other injuries.

That’s too many.

The government has passed laws mandating that new vehicles have backup cameras, which are generally effective at reducing these wrecks (when the cameras are actually used — that’s another problem).  Unfortunately, federal regulators have repeatedly pushed back the deadlines for the effective date of the laws.

That means its up to us to protect our kids.  We have to be vigilant about watching for backing up cars and walking next to our children so that at least we’re visible to drivers.  And when we’re driving, we need to be cautious about backing up ourselves.

Because for now, our vigilance is the only thing that will prevent future backing crashes in parking lots.