I was in a car crash. Could I have a concussion?

              Yes. A concussion (mild traumatic brain injury) can be caused by a car collision. Concussions can be caused by a bump, blow, or jolt to the head or by a hit to the body that causes the head and brain to move rapidly back and forth. This sudden movement can cause the brain to bounce around or twist in the skull, creating chemical changes in the brain and sometimes stretching and damaging brain cells. https://www.brainline.org/article/facts-about-concussion-and-brain-injury https://www.cdc.gov/traumaticbraininjury/basics.html What are the symptoms of Concussion (Traumatic Brain Injury)? Effects on Thinking • Difficulty thinking clearly • Feeling slowed down • Difficulty concentrating • Difficulty remembering new information Physical Symptoms • Headache • Nausea or vomiting (early on) • Balance problems • Dizziness • Fuzzy or blurry vision • Feeling tired, having no energy • Sensitivity to noise or light Emotional Effects • Irritability • Sadness • More emotional • Nervousness or anxiety Sleep Disturbance • Sleeping more than usual • Sleeping less than usual • Trouble falling asleep https://www.brainline.org/article/facts-about-concussion-and-brain-injury According to the CDC, symptoms following a mTBI typically include one of more of the following: difficulty in, focusing, organizing thoughts, remembering, or processing new information; problems with dizziness or balance; sensitivity to light or noise; sleep disturbance (including sleeping more or less than normal, or difficulty getting to sleep or staying asleep); irritability or temper outbursts; and becoming emotional, tearful, or anxious. https://www.cdc.gov/traumaticbraininjury/symptoms.html Fatigue is one of the most frequently reported symptoms after Mild Traumatic Brain […]

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Drunk Driving Facts

Drunk Driving Facts Driving drunk impairs the driver’s judgment, vision, and reaction time.  The statistics compiled by the National Highway Traffic Safety Association (NHTSA) tell the story of just how dangerous drunk driving is: Nearly 30 per cent of all traffic fatalities in the U.S. involve drunk driving. In 2017, drunk driving took  the lives of 10,874 Americans—one death  every 49 minutes.  And one of us is injured as a result of drunk driving every 2 minutes. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812630 What do we know about drunk drivers?  On average, a driver drives drunk 80 times before before their first arrest for drunk driving. https://www.dosomething.org/us/facts/11-facts-about-driving-under-influence Statistics show that between 50% to 75% of drivers whose licenses have been suspended for drunk driving continue to drive on a suspended license. https://www.madd.org/statistics/  Texas law—legal remedies for victims of drunk driving  A driver who drives while intoxicated and causes an injury is liable for negligence.  In addition, the driver may be liable for gross negligence and exemplary damages. Under Texas law, gross negligence requires a showing that the driver’s conduct, when viewed objectively from the standpoint of the driver, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others and that the driver had actual, subjective awareness of the risk involved, but nevertheless proceed in conscious indifference to the rights, safety, or welfare of others on the road. Transp. Ins. Co. v. Moriel, 879 S.W.2d 10, 23 (Tex. 1994).   Montgomery County leads Texas in driving under the influence fatalities per […]

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ON THE JOB INJURIES—TWO CRITICALLY IMPORTANT QUESTIONS

ON THE JOB INJURIES—TWO CRITICALLY IMPORTANT QUESTIONS If you or a loved one is seriously injured or killed while on the job, there are two critically important questions that need to be answered: Was the employer a subscriber to Workers Compensation Coverage; and Was the injury caused by someone other than the employer or a co-worker? What is a “Non-subscriber?” Under Texas law, if an employer subscribes to Workers Compensation Coverage, the injury claim is subject to a very strict set of rules, and the potentially recoverable damages are strictly limited by statute.  However, if the employer does not provide Workers Compensation Coverage for its employees, the employer is considered to be a Non-subscriber, and a very different set of rules applies, and a completely different measure of recoverable damages is available. Why does “Non-subscriber” status make a difference?  Instead of being limited to recovery of medical expenses plus 70% of your average wages during the time you are unable to return to work, the potential damages recovery in a Non-subscriber claim is much higher.  https://www.tdi.texas.gov/wc/employer/cb007.html A Non-subscriber claim allows for the recovery of: 100% of your lost wages; future diminished earning capacity due to the injury; full damages for physical and cognitive impairment; loss of earning capacity in the future; pain and suffering. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm What is a “Third Party” claim? Even if an on the job injury claim is subject to the damages limitations of Workers a Compensation Coverage, your attorney should evaluate the potential for a “Third Party” […]

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What are Personal Injury Protection and Medpay?

What are Personal Injury Protection and Medpay?  Personal Injury Protection (PIP) PIP coverage is required by statute to be part of any auto policy written in Texas, unless it is rejected in writing. PIP covers everyone in the insured auto up to PIP coverage limits. PIP will cover every insured regardless of the vehicle they are in. PIP will cover losses incurred within three years of the date of an accident. PIP is available regardless of fault or other available benefits. If PIP benefits are not timely paid (within 30 days) attorney’s fees and interest are recoverable. PIP coverage will pay medical bills, reimburse you for out of pocket coverage and reimburse you for lost wages. You do not have to pay your insurer back for the money you received from PIP. The PIP carrier must pay “reasonable expenses that are for necessary medical services”. This means that the carrier can pay less than what the medical provider billed. PIP covers 80% of lost income. PIP coverage limits are often $2,500, but may be $5,000, $10,000 or even higher. PIP coverage is generally affordable and can help offset out of pocket costs.  https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1952.htm   Medpay Medpay covers only medical expenses, and you may have to pay it back. Medpay has no statutory basis and no legal restrictions on its terms.   The lawyers at Wham & Rogers can help with your PIP claim.  Call us at 832-592-1108, or fill out a form on our contact page:  https://www.whamandrogers.com/contact/   The information […]

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What is Personal I

  Personal Injury Protection (PIP) PIP coverage is required by statute to be part of any auto policy written in Texas, unless it is rejected in writing. PIP covers everyone in the insured auto up to PIP coverage limits. PIP will cover every insured regardless of the vehicle they are in. PIP will cover losses incurred within three years of the date of an accident. PIP is available regardless of fault or other available benefits. If PIP benefits are not timely paid (within 30 days) attorney’s fees and interest are recoverable. PIP coverage will pay medical bills, reimburse you for out of pocket coverage and reimburse you for lost wages. You do not have to pay your insurer back for the money you received from PIP. The PIP carrier must pay “reasonable expenses that are for necessary medical services”. This means that the carrier can pay less than what the medical provider billed. PIP covers 80% of lost income. PIP coverage limits are often $2,500, but may be $5,000, $10,000 or even higher. PIP coverage is generally affordable and can help offset out of pocket costs.  https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1952.htm Medpay Medpay covers only medical expenses, and you may have to pay it back. Medpay has no statutory basis and no legal restrictions on its terms. The lawyers at Wham & Rogers can help with your PIP claim.  Call us at 832-592-1108, or fill out a form on our contact page:  https://www.whamandrogers.com/contact/   The information in this blog is not, nor is it […]

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ON THE JOB INJURIES—TWO CRITICALLY IMPORTANT QUESTIONS

If you or a loved one is seriously injured or killed while on the job, there are two critically important questions that need to be answered: Was the employer a subscriber to Workers Compensation Coverage; and Was the injury caused by someone other than the employer or a co-worker? What is a “Non-subscriber?” Under Texas law, if an employer subscribes to Workers Compensation Coverage, the injury claim is subject to a very strict set of rules, and the potentially recoverable damages are strictly limited by statute.   However, if the employer does not provide Workers Compensation Coverage for its employees, the employer is considered to be a Non-subscriber, and a very different set of rules applies, and a completely different measure of recoverable damages is available. Why does “Non-subscriber” status make a difference?  Instead of being limited to recovery of medical expenses plus 70% of your average wages during the time you are unable to return to work, the potential damages recovery in a Non-subscriber claim is much higher.  https://www.tdi.texas.gov/wc/employer/cb007.html A Non-subscriber claim allows for the recovery of: 100% of your lost wages; future diminished earning capacity due to the injury; full damages for physical and cognitive impairment; loss of earning capacity in the future; pain and suffering. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm What is a “Third Party” claim?  Even if an on the job injury claim is subject to the damages limitations of Workers a Compensation Coverage, your attorney should evaluate the potential for a “Third Party” claim. A Third Party claim is […]

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Why You Need Uninsured and Underinsured Motorists Coverage

  What is Uninsured Motorists Coverage? Uninsured motorists “UM” coverage protects you if you are injured by a driver with no insurance.   You may assume that other drivers will follow the law and will buy auto insurance just like you do.    However, this is not always the case.  There are many uninsured drivers on our roads.  Some drivers never buy auto insurance and take their chances on being ticketed. Some drivers have coverage but miss their monthly payment so the coverage lapses. In other cases, the owner of the car may have coverage, but may allow an excluded driver (usually a family member with a bad driving record) to drive the car, so there is no coverage. What you may not realize is that even if a driver does have auto insurance, if the driver does not “cooperate” with his insurance company, the insurance company can deny coverage. If you are injured by a driver with no insurance coverage and you do not have UM coverage, you may have no way to collect from the at- fault driver.   Typically, drivers with assets to protect have auto insurance.  It’s usually those drivers with nothing to lose who do not carry auto insurance. To protect yourself and your family from uninsured drivers, it’s important to carry uninsured motorists coverage, with limits high enough to protect you should the worst happen. What is Underinsured Motorists Coverage? Underinsured Motorists Coverage “UIM” coverage protects you in the event the at-fault driver does not have enough […]

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Essure Implant Litigation

The Ensure implant was marketed as a permanent birth control device by the Bayer company. More than 16,000 U.S. women are suing Bayer over the Essure implant device. The Food and Drug Administration has placed multiple restrictions on the Essure device following patient reports of pain, bleeding, allergic reactions and cases where the implant punctured the uterus or shifted out of place. After thousands of injury reports from women, and repeated safety restrictions by regulators, Bayer has announced that it will stop selling the Essure device in the U.S. Last year, Bayer stopped selling the device in Europe. https://www.washingtonpost.com/news/to-your-health/wp/2018/07/20/sales-of-essure-birth-control-implant Injuries associated with Essure include: • Bleeding • Abdominal pain and cramping • Chronic pelvic pain • Implant migration • Perforation/tearing of the uterus or fallopian tubes • Back, joint or muscle pain • Muscle weakness • Unintended pregnancy, miscarriage, fetal death • Surgeries to treat the complications The FDA has posted Essure information on its website: https://www.fda.gov/medicaldevices/productsandmedicalprocedures/implantsandprosthetics/essurepermanentbirthcontrol/ucm452254.htm What should you do if you are having problems caused by the Essure device? The Mayo Clinic recommends that you talk with your doctor about your options if you have persistent pain or other symptoms that you think might be related to the Essure device, and advises that removing the Essure device may require surgery, which poses certain health risks. https://www.mayoclinic.org/tests-procedures/contraceptive-implant/expert-answers/essure-discontinued/faq-20436674 If you or a loved one has been harmed by Essure implants, contact us. We may be able to help.

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Food Safety Alert: What you need to know about the current E.coli outbreak

What actions do you need to take to avoid an E.coli infection? The U.S. Center for Disease Control has advised that U.S. consumers not eat any romaine lettuce, and retailers and restaurants not serve or sell romaine lettuce, until more is learned about the outbreak. Also, drawers or shelves in refrigerators where romaine was stored should be washed and sanitized. https://www.cdc.gov/ecoli/2018/o157h7-11-18/index.html • Consumers who have any type of romaine lettuce in their home should not eat it and should throw it away, even if some of it was eaten and no one has gotten sick. • If you do not know if the lettuce is romaine or whether a salad mix contains romaine, do not eat it and throw it away. • Wash and sanitize drawers or shelves in refrigerators where romaine was stored. Follow these five steps to clean your refrigerator. • Restaurants and retailers should not serve or sell any romaine lettuce, including salads and salad mixes containing romaine. Take action if you have symptoms of an E. coli infection: • Talk to your healthcare provider • Write down what you ate in the week before you started to get sick • Report your illness to the health department • Assist public health investigators by answering their questions. How many have become ill from this E.coli outbreak? At least 32 people have become seriously ill due to the latest E. coli outbreak. Epidemiologic evidence from the United States and Canada indicates that romaine lettuce is a likely source […]

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Asleep at the Wheel — The Dangers of Driver Fatigue and how to Prevent it

How serious a problem is driver fatigue? According to the National Highway Traffic Safety Administration, every year about 100,000 police-reported crashes involve drowsy driving. These crashes result in more than 1,550 fatalities and 71,000 injuries. The real number may be much higher, however, as it is difficult to determine whether a driver was drowsy at the time of a crash. https://www.nsc.org/road-safety/safety-topics/fatigued-driving A study by the AAA Foundation for Traffic Safety estimated that 328,000 drowsy driving crashes occur annually. That’s more than three times the police-reported number. The same study found that 109,000 of those drowsy driving crashes resulted in an injury and about 6,400 were fatal. The researchers suggest the prevalence of drowsy driving fatalities is more than 350% greater than reported. http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.684.6347&rep=rep1&type=pdf How does fatigue affect drivers? • slower reaction time • impaired judgment and vision • decline in attention to important signs, road changes and the actions of other vehicles • decreased alertness, preventing you from seeing an obstacle and avoiding a crash • increased moodiness and aggressive behavior • problems with processing information and short-term memory o microsleeps—brief 2/3 second sleep episodes http://drowsydriving.org/wp-content/uploads/2009/10/Key-Messages-and-Talking-Points.pdf When do crashes due to fatigue occur? Most drowsy driving crashes happen between midnight and 6:00 a.m., when the body’s need for sleep is greatest, and in the mid-afternoon (during the circadian dip). • The driver is alone and more likely to be male. Drivers who drive alone or have no one to help them watch for the signs of fatigue are at higher […]

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Why do I need to call a lawyer immediately after an accident?

1. A lawyer can help make sure important evidence is preserved. In many cases, there may be video recordings of the accident or other evidence that can be preserved, if the request is properly and timely made. 2. A lawyer will be on your side, when virtually no one is. The insurance adjuster is not paid to help you. The adjuster is paid to save the insurance company money. We have received countless calls from people who were tricked or lied to by adjusters. 3. A lawyer can put pressure on the insurance company to handle matters in a swift and expeditious manner. Insurance adjusters know they can’t pull the wool over an attorney’s eyes they way they can with those unfamiliar with the system. 4. A lawyer can help you get the proper medical care promptly. Many doctors will not treat patients who have been injured in an accident. This is because health insurance companies don’t always pay doctors promptly for treating accident victims. 5. If you do not have health insurance a lawyer can help you find doctors who will treat you while your case is pending. 6. A lawyer can help get the hospital to bill your health insurance. Often the hospital wants to avoid billing health insurance and instead files a hospital lien. The lien is filed by the hospital in an effort to make more money from treating you. 7. A lawyer can help getting the health insurance company to pay your accident related bills. […]

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Auto-Bike Collisions

From school kids riding on bike paths, to the avid bicyclists on the roads, there are a lot of bike riders in The Woodlands. Unfortunately, all too often, bike riders are struck by cars. Even wearing a helmet and other protective gear, a bike rider may suffer severe injuries if struck by a car. According to the NTSA, bicyclists accounted for 2.2 percent of all traffic deaths in 2016. Bicyclist deaths occur most often between 6 and 9 p.m. and in urban areas. The vast majority of bicyclists killed are male. The NTSA provides these pointers to avoid bike accidents: • Ride a bike that fits you—if it’s too big, it’s harder to control the bike. • Ride a bike that works—it really doesn’t matter how well you ride if the brakes don’t work. • Wear equipment to protect you and make you more visible to others, like a bike helmet, bright clothing (during the day), reflective gear, and a white front light and red rear light and reflectors on your bike (at night, or when visibility is poor). • Ride one per seat, with both hands on the handlebars, unless signaling a turn. • Carry all items in a backpack or strapped to the back of the bike. • Tuck and tie your shoe laces and pant legs so they don’t get caught in your bike chain. • Plan your route—if driving as a vehicle on the road, choose routes with less traffic and slower speeds. Your safest route […]

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How dangerous is distracted driving?

Distracted Driving Is a Factor in 15% of injury crashes 10% of fatal crashes and 15% of injury crashes in 2015 were distraction-affected. In 2015, there were 3,477 people killed and an estimated additional 391,000 injured in crashes involving distracted drivers. Cell phone use causes as much impairment as driving drunk People are as impaired when they drive and talk on a cell phone as they are when they drive intoxicated at the legal blood-alcohol limit of 0.08%.    Cell phone users are 5.36 times more likely to get into an accident than undistracted drivers. https://archive.unews.utah.edu/news_releases/drivers-on-cell-phones-are-as-bad-as-drunks/ Texting while driving increases the risk of crashing by 23 times Text messaging increases the risk of crash or near-crash by 23 times.   Sending or reading a text message takes your eyes off the road for about 5 seconds, long enough to cover a football field while driving at 55 mph Texting and driving is 6 times more likely to get you in an accident than drunk driving. It takes an average of three seconds after a driver’s mind is taken off the road for any road accident to occur. Reading a text message while driving successfully distracts a driver for a minimum of five seconds each time. The average speed in the US is about 55 mph. Taking five seconds to read a text in this time means that the driver travels the length of a football field without looking at the road. When you text while driving, the time that you spend with your eyes off the road increases […]

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ChannelView Students Involved in Tragic Bus Crash

Shortly before dawn on Tuesday morning, a First Class Tours, Inc. bus carrying Channelview band students crashed into a 50 foot ravine in Baldwin County, Alabama.  The students were traveling home to Channelview from a trip to Disney World in Florida. The driver was killed, and dozens of students were injured. This type of crash often causes traumatic brain injuries, as well as orthopedic injuries. By all accounts, this was a one-vehicle collision.  The most common causes of this type of bus crash are driver fatigue and vehicle equipment failure. Federal and state law have strict requirements for interstate drivers of commercial vehicles.   Despite these rules, which limit hours behind the wheel, and require scheduled rest breaks, a crash study by the  Department of Transportation study found that, in collisions where the truck was at fault, 87 per cent were caused by driver fatigue.  Many of these collisions occur between midnight and 6 a.m. — the time of day when drivers are naturally drowsy. Federal and state laws also require regular maintenance and daily inspection of commercial vehicles.  Equipment failure, such as brakes that are dangerously worn or out of adjustment, often cause fatal collisions.  It is the driver’s responsibility to check his rig at the beginning of every trip, and to submit a vehicle maintenance report.  In spite of these requirements, poor vehicle maintenance is also a major cause of truck and bus collisions.  The tour company’s online safety record shows that the company has been involved in four […]

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Mild traumatic brain injury and post-concussion syndrome

One-third of all concussions are missed in emergency room examinations If you were “dazed” or “confused” following an accident, and are suffering from symptoms such as fatigue, nausea, headaches, trouble sleeping, blurred vision or ringing in your ears, you may have suffered a concussion.   A mild traumatic brain injury is defined as a brief period of being “dazed or disoriented,” or a brief loss of consciousness.  Statistics show that 33% of concussions are missed in emergency room examinations.  One reason for this is that mild traumatic brain injury does NOT show up on a CT scan or an MRI.  Standard neuroimaging will identify large focal contusions or hemorrhage, but conventional CT and MRI testing does not identify diffuse axonal and vascular injury, both of which are major drivers of poor clinical outcome after traumatic brain injury. Sharp DJ, et al. Practical Neurology 2015;15:172–186. doi:10.1136/practneurol-2015-001087. Traumatic brain injury has been identified as a health epidemic Traumatic brain injury has been identified as a health epidemic by the World Health Organization and the United States Centers for Disease Control. Each year over a million American suffer concussions Each year in the U.S., 1,000,000 people suffer concussions; 300,000 of these result in serious, long term injuries.  Centers for Disease Control, Report to Congress on Mild Traumatic Brain Injury In the United States: Steps to Prevent a Serious Public Health Problem. Mild traumatic brain injury can have long-lasting symptoms A mild traumatic brain injury (TBI) can have serious and long-lasting symptoms, especially in persons […]

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Pedestrian Right of Way

The Woodlands has more than 160 miles of pathways designed for residents to walk or run.  Many of pathways cross lanes of traffic, and unfortunately, pedestrians are sometimes struck by a vehicle while using the crosswalks.  We are often asked who has the right of way on crosswalks in the Woodlands.  Texas law requires vehicles to yield right of way to pedestrians in the following situations: When a pedestrian is crossing at a crosswalk facing a “walk” signal; If there is no traffic control signal and the pedestrian is already crossing in the vehicle’s half of the roadway or close to a vehicle’s half of the roadway; When the vehicle is entering or emerging from an alley, building, private road, or driveway and the pedestrian is crossing entrance on sidewalk; A pedestrian who has legally entered a crosswalk does have the right of way as to oncoming vehicles. This applies to a marked or an unmarked crosswalk; A pedestrian has the right of way to cross the road, when it is safe to do so, at any part (i.e., at the middle portion of the street) of a roadway that is not controlled by a traffic light. [ 552.005 (b), Texas Transportation Code] However, even if a pedestrian is technically in violation of the right of way rules, a driver who hits a pedestrian may still be liable; drivers are required to keep a proper lookout, and must safely control the speed of their vehicles, and must timely apply their […]

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Personal Injury Protection Coverage and How It Works

How do I get Personal Injury Protection coverage? In Texas you have the option to purchase Personal Injury Protection coverage (known as “PIP”) with your automobile insurance coverage. In fact, your auto insurer must offer you the PIP coverage. If you decline the coverage, you must sign a statement refusing the coverage. How much coverage is available under Personal Injury Protection coverage? Personal injury protection usually provides $2,500 to cover your out of pocket medical costs and lost wages due injuries you sustained in an automobile collision, whether you are at fault or another driver is at fault. Some companies offer personal injury protection coverage of $5,000 or even $10,000.00. How much does Personal Injury Protection coverage cost? Personal Injury Protection coverage is affordable. $2,500 in coverage usually costs no more than $50 per year. What is covered under Personal Injury Protection coverage? Medical bills and lost wages are covered under Personal Injury Protection coverage. How do I get reimbursed under Personal Injury Protection coverage? If you are injured in an automobile accident, you can call your agent or insurance company to open a PIP claim. You will be assigned a PIP adjuster to handle your claim. You will need to provide the adjuster with copies of your medical bills and, if applicable, proof of your lost wages. How long does it take for the insurance company to pay my Personal Injury Protection claim? Your PIP adjuster will be able to tell you when to expect your check for reimbursement, […]

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What caused my house to flood?

Why You Need Underinsured Motorist Coverage in Texas

Underinsured Motorist Coverage in Texas - It's Necessary

Watch video on YouTube here: https://youtu.be/yegHiVFQi3M