San Antonio Injury Attorney Blog

Your child has committed some form of negligence in Texas resulting in a personal injury to another person. Are you as the parent responsible for your child's negligence ? To what degree ? These are common questions being played out by San Antonio and greater Texas personal injury attorneys throughout the state and nation.

When faced with potential causes of action against parents of children who have committed negligent acts, several theories of liability may be utilized. The first theory is a failure of the parent(s) to supervise. The second theory is the parent allowing a child to operate a motor vehicle or dangerous objects. The final theory of liability surrounds personal injuries from drug or alcohol intoxication .

Several states subscribe to the rule that parents cannot be held liable for a failure to properly supervise their children. Yet there are certain situations in which a parent could very well be held civilly liable for the actions of their children. Those situations arise where parents negligently entrust their children with "dangerous instruments".

A common form of dangerous instrument is a gun. However, many Texas and San Antonio residents would be surprised to learn that even a paintball gun can be classified as a dangerous instrument. The implication is that theoretically parents can be held liable where their child used a paintball gun to cause an eye injury to another minor, particularly in situations where the injury was caused outside an actual paintball game. Gun safety particularly in Texas with its abundant outdoor hunting opportunities is a serious issue for any parent to consider.

In other cases, a Texas All Terrain Vehicle (ATV) has been upheld to be a dangerous instrument. Juries have determined that due to the speeds associated with such a vehicle, and the ability of a passenger to hold on to the driver while seated, an ATV is a dangerous instrument.

The key question in many Texas personal injury cases is whether the parent was in fact aware that the child possessed the dangerous instrument. Another secondary factor is whether the parents knew of any potentially violent propensities of the child to hurt others. Generally, if it can be shown that the parent(s) did not know that the child possessed a dangerous instrument or knew of any violent predispositions of their children, Texas negligence claims for negligent supervision of children will fail as to the parents.

Enjoy the video - Baseluos Law Firm (BLF) will cover parental liability for their children's negligent use of auto and minor alcohol consumption.

Whether you have been the victim of an automobile accident, medical malpractice, or some other form of personal injury negligence in Texas or anywhere in the nation, a strong personal injury attorney must know how to document your limitations and the effects of the injury on your lifestyle and work capacity. Documentation of limitations is also critical to Workers' Compensation and Social Security Disability . The easier it is to understand, the easier for a jury or judge to justify a high judgment for your damages.

A San Antonio personal injury attorney will paint a clear picture of your damages by engaging experts to perform very focused evaluations including:
- Hand / Upper Extremity Functional Capacity Evaluations;
- Daily Living Skills tests;
- Back Exams for spinal and neck injuries;
- Work and Vocational Assessments;
- Ergonomic Evaluations; and Occupational Therapy.

The key for a jury is to see the link between the medical evidence provided by doctors and the vocational findings that impact a person's employability. It is not enough for an attorney to argue to the jury or judge that you suffered a major back injury. A strong Texas personal injury attorney will use experts to demonstrate the effect of the injury on a person's daily performance and how simple daily tasks have become incredibly difficult. This technique truly demonstrates the tremendous impact of the injury in a way juries can relate to.

For victims of negligence , your attorney may use Occupational Therapists who perform Functional Capacity Evaluations (FCEs) to assess a person's work capacities. FCEs are used with vocational evaluations to provide performance-based information that is critical to Workers' Compensation and Social Security disability claimants.

In a serious Texas auto accident, a law firm can confront one of the most difficult cases : a plaintiff who suffers a spinal cord injury. What exactly you may ask is a spinal cord injury? A high spinal cord injury during an auto collision refers to an injury to the spinal cord at a level of C4 or higher. These types of injuries can occur in a car crash, but they can also result from a fall or sports related injury. In San Antonio and throughout the state of Texas, high spinal cord injuries are devastating and costly for the plaintiffs and their families.

A personal injury attorney must confront the paralysis of his client whenever injury occurs at the C4 vertebrae level or higher. Often, a significant injury to the spinal cord will cause the plaintiff to stop breathing shortly after the vehicle crash. Some paralyzed plaintiffs are able to be resuscitated at the scene of the accident. Neurological complications can occur. For plaintiffs injured after the age of 29 with neurological complications, the survival rate drops to about 50% after 10 years. Ventilator Associated Pneumonia (VAP) becomes the leading cause of death for victims over 55 years. With expert medical assistance and treatment , families and care givers can minimize the massive effects of high spinal cord injuries on a plaintiff's ability to breathe.

A plaintiff's attorney confronted with such a devastating injury will enlist medical experts to analyze medical records, develop case chronologies, and prepare pain and suffering reports. The right documentation is the key to securing a large recovery. A Texas injury lawyer will work with experts to prepare life care plans, prepare medical illustrations for trial, and assist with the preparation of settlement brochures.