San Antonio Injury Lawyer Blog

Doctors at the University Health System in San Antonio researched patients treated over the last 15 years for injuries caused by dog attacks and dog bites. Their conclusion was that the vast majority of serious dog attacks treated in San Antonio Hospitals were caused by pit bulls.

The term pit bull is often misused and is really a generic term for various bull terrier breeds and mixes. All terriers are generally known as aggressive, territorial, and protective of their owners and therefore are often used as home security or family protection. Owners of terriers and, in particular, pit bulls often complain that the negative press is not warranted because it is the owners that cause the dog to be aggressive. However, the breed’s aggressive nature can cause serious attacks and in some cases death even without provocation.

In the study the following statistics were mentioned: Pit Bulls were responsible for 65% of all fatal attacks; someone is killed by a pit bull every 14 days in the U.S.; one body part is severed by a pit bull attack every 5.4 days; and, the risk of being killed by a pit bull is 2500 times higher than by a lab.

Many people have cast doubt on the Doctors' article about Dog Bites. Part of the article advocates that aggressive breeds should be regulated just like the regulations that control the possession of wild animals such as tigers. Also some complain that the study is flawed because many people describing the dog that attacked use the term pit bull generically so that many attacks are wrongfully attributed to pit bulls.

Our experience in representing people injured by dog bites is that many serious injuries are caused by even the smallest breeds because the owners allow young inexperienced children to handle the "family pet". However, the most serious dog bits and attacks have been caused by the larger breeds and primarily terriers, including pit bulls and Staffordshire terriers.

Regardless of the type of dog, when a homeowner fails to control his pet or lets the dog out of the house unleashed they must be held accountable for the injuries sustained by others.

It's a New Year, and along with other resolutions and changes in behavior, giving yourself an insurance check-up is a good idea. Texas attorneys that assist people who have been injured in automobile collisions often find that the at-fault driver has either no insurance, or too little insurance to compensate the victims of negligent drivers. This can leave a family devastated if medical bills and lost wages are not recovered. Additionally, if the medical care is given at taxpayer expense, and there is no insurance (or insufficient insurance) the public pays for the negligence of the at fault driver.

One way to protect yourself against drivers that do not follow the law and purchase liability insurance - or only follow the legal minimums and purchase only the base amount of liability insurance - is to look at your policy. Adding Personal Injury Protection (also called PIP coverage) to your policy is an inexpensive way to provide you and your family with a safety net in the event medical bills are incurred following an auto wreck. In Texas, you can purchase up to $10,000. in PIP coverage. This coverage can immediately reimburse you for much of your out of pocket medical expenses and lost wages. Even if the at fault, or liable, driver does have insurance, your PIP coverage is usually quicker and is an additionally layer of coverage to protect you.

Also, Uninsured/Underinsured Motorist coverage is available in addition to your liability coverage. This UM/UIM coverage is designed to protect you when the other driver has no insurance (uninsured) or has too little insurance to properly compensate you for your injuries and losses (underinsured). Again, this coverage does not add significantly to your insurance premium, but can provide compensation for medical bills, lost wages, physical injuries, and all other legally entitled damages and losses incurred as a result of a negligent driver causing a collision with you.

An experienced personal injury attorney will review all available insurance coverage following an automobile accident, and determine what potential compensation is available to the victim or the victim's family. Review your insurance policy and make sure you are fully protected in 2011.

Robert L. Rush

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The law firm of Rush & Gransee, L.C. would like to congratulate Robert L. Rush for being named a "Texas Super Lawyer" as published in Texas Monthly magazine and Texas Super Lawyers magazine. The Texas Super Lawyers designation is awarded to only 5% of the lawyers in the state, and the selection process includes nominations by peers in the profession, a blue ribbon panel review of the candidate, as well as independent research on the candidate.

Mr. Rush has been recognized for the last 6 years in the Scene in SA publication recognizing the Best Lawyers in San Antonio (also a recognition conferred by his peers in the profession), and this year marks his initial recognition as a statewide, Texas Super Lawyer. Mr. Rush is also a life member of the Million Dollar Advocates Forum and the Multi-million Dollar Advocates Forum (2008-present), and was conferred membership in the American Board of Trial Advocates (2003-present). He has been Board Certified in Civil Trial Law by the National Board of Legal Specialty Certification since 1999.

For the past 20 years, Mr. Rush has maintained a statewide practice handling serious personal injury cases, including trucking accidents, medical malpractice cases, and cases involving defective products. Mr. Rush has also handled cases in the United States District Courts in California and Arizona, and is expanding his practice to help seriously injured victims and their families in other states as well.

Serious dog bites can occur to anyone, even the famous. A famous soccer coach from Argentina, Diego Maradona, has undergone plastic surgery on his face after being bitten by one of his dogs. Apparently, Mr. Maradona was seriously injured when one of his dogs bit his lips and then continued to hold until the tissue was torn.

Most people have heard of horror stories when an individual is attacked by a wild dog or dogs while outside. However, most dog bites occur either in the dog owner’s home or close to the property owners property lines.

It is believed there are two reasons for the majority of dog bites to occur while on someone’s property or in their home. The first reason is that dogs can become territorial and feel as though they are protecting their master or their own area; secondly, the person attacked often allowed an allegedly domesticated pet get too close or tried to pet the animal.

We have had a number of dog bite cases where the dog was a small lap-type dog that is placed upon the visitor’s lap. The dog becomes either frightened or agitated and bites the visitor in the face and often on the lips as was done to Diego Maradona. If you are attacked by another homeowner’s dog, the homeowner’s liability insurance can provide compensation for medical bills, scarring and other related losses that are a result of the dog attack.

San Antonio injury lawyers are united in their outrage over a law that is referred to as the “paid and incurred” law. The Texas legislature passed this law in 2003. In 2005 the legislature, with the backing of medical professionals and legal professionals, attempted to undo this mistake, but the governor failed to sign the new legislation. In short, the law states that when an injured party seeks to recovery for his personal injury all that can be submitted are those bills that have been “paid and incurred”. Previously, the injured party could submit the value of the medical services they require to become whole or in other words the non-discounted value of the medical services provided.

As an example: A hardworking Texan buys health care for his family. Part of the benefit of health insurance is that your health care providers agree to provide their services at a discount to all members of that health plan. The hardworking Texan buys the health insurance to protect his family and because it is against his principles to place the risk on society if something catastrophic happens to him or his family.

If the hardworking Texan and his family are hit by a drunk driver sending them to the hospital, they will get medical treatment at a substantial discount because of their foresight in buying health insurance. The discount provided by health insurance plans vary but can often be approximately 75%. Because of “paid and incurred” the drunk driver gets a substantial break on the economic damages and is only responsible for the 25% of the medical bills paid by the insurance company. Prior to “paid and incurred” the drunk driver was responsible for the reasonable value of the services provided by the hospital.

If a family without health insurance is injured by a drunk driver they can submit and likely recover the value of the services provided by the hospital. In essence the party without insurance is likely to recover far more than the responsible person with health insurance. “Paid and incurred” has the effect of penalizing injured Texans who have health insurance. “Paid and incurred” also has the effect of awarding negligent and drunk drivers who injure insured drivers.

Many Texas drivers take the option of adding Uninsured/Underinsured insurance protection when buying auto insurance. Since many San Antonio and Texas automobiles are not insured, or only have minimum required liability insurance, paying for this coverage makes sense. If you are in an auto accident with a driver that causes serious injury, and the at-fault driver does not have insurance, or does not have enough insurance to properly compensate you for your losses, the uninsured/underinsured (UM/UIM) insurance protection on your policy is supposed to compensate you for any losses that are not covered by the at-fault driver.

For years, Texas courts held that since an injured person was dealing with their own insurance company, and seeking compensation for losses covered by UM/UIM protection, that an insurance company must act in good faith and reasonably pay those claims. There was an added consideration - since the insurance policy is a contract - Texas law provides that when a contract is breached, the party in violation owes attorney fees as an additional penalty. Therefore, when a UM/UIM claim was submitted, the insurance company acted reasonably to avoid paying additional penalties in the form of attorney fees.

However, in late 2006 the Texas Supreme Court decided that insurance companies do not have an obligation to pay attorney fees until a person takes the company to court, and obtains a verdict against the company, and then, ONLY, if the insurance company does not pay within 30 days, can attorney fees be added. Essentially, today, UM/UIM insurance companies have been placed in the position of being able to sit back and force their policy holders to go to court, without incurring any penalty. All the while, the insurance company is earning interest on the money, and hoping that policy holders will not have the stamina to fight to the end.

If you have been injured by an uninsured driver, or if the injuries you have received exceed the liability coverage of the at-fault driver, you need experienced help fighting these claims if you want to recover your legal losses.

San Antonio employees of subcontractors, even if the landowner is the general contractor, may not be able to sue for injuries caused by the negligence of the landowner. The Texas Supreme Court decided last week that premises owners who pay their subcontractors' workers' compensation premiums are entitled to immunity from common law suits. The Court determined that the Workers' Compensation Act "exclusive-remedy" defense can be used against their subcontractors' injured employees. Three Justices, including the Chief Justice, joined in a dissenting opinion, pointing out the problems created by the majority interpretation.

Effectively, refineries and industrial plants will be able to shield themselves from liability for injuries caused to workers at plant sites. This shield will prohibit workers from bringing lawsuits for injuries and death caused by unsafe work sites. This Texas law will allow companies to decide whether to provide a safe work place or whether to just provide Workers Compensation Insurance. By providing the workers compensation insurance to all workers, both employees and subcontractor employees, an employer cannot be sued for its own negligence. Workers compensation insurance provides only the most basic coverage to seriously injured victims of work site safety failures: a small portion of the worker's wages, together with some medical benefits. An injured worker is not entitled to compensation for losses such as disfigurement, future impairment to wage earning ability, and other measures of compensation that Texas law allows to be recovered in most common law negligence lawsuits. Therefore, an employer can just weigh the cost of work site safety improvements and compare it to the cost of the Workers Compensation Insurance – and while the company saves money, the worker is short-changed.

Many members of the Texas Legislature voiced opposition to granting the blanket immunity to industrial plants and refineries. We hope that the Legislature will take the necessary steps to fix this injustice.

If you have ever been in a car wreck, you know things can get confusing and difficult in a hurry. If your car or truck has been damaged and is not drivable, you need alternate transportation to get to school or work. If you have been injured, you need medical attention. You may be getting numerous phone calls from persons offering "free" medical treatment or "free" legal advice. Insurance adjusters will call wanting a full explanation of what happened. It can be overwhelming. Below is a brief list of things to do, as well as things to avoid that should make your life a little less hectic after a collision.

First, if you are injured, or simply aren't sure what injuries you may have sustained because you still feel in shock, be sure to tell the officer investigating the wreck that you want medical assistance. If you have someone available to take you to an emergency room or to a clinic, and don't need an ambulance, be sure to tell the officer that although you do not need an ambulance, you are going to seek medical attention. San Antonio Police and Bexar County Sheriff investigating officers are supposed to document these communications and you do not want an insurance adjuster claiming you weren't hurt because you told the officer you were fine or that you would be "ok."

If your auto wreck happended in San Antonio, Texas, be sure to obtain a copy of the police officer's card, and the accident report number. You may need this information to secure insurance information against the at fault driver. Likewise, any investigating agency, such as a local sheriff's office or Texas Department of Public Safety Troopers will all be able to give you information on how to obtain a copy of your report. If you are contacted by an insurance adjuster, it is usually not beneficial to give a recorded statement until you have a clear head, and have had time to seek legal advice. If you answer a question poorly, or just get confused during the process, the insurance company will quote the recorded statement and use it against you.

Unsolicited phone calls with offers for "free" medical help, and/or assistance in finding a lawyer, should be looked on with scrutiny. A reputable physician or lawyer should not make an unsolicited contact with you or your family. If you feel you need assistance in finding medical attention, ask your friends and family. If you have health insurance, contact a doctor or seek emergency care (if needed) at a facility on your plan.

You may not need an attorney. Perhaps your insurance carrier will repair your vehicle, and you have not suffered any injury. In those circumstances, consider yourself fortunate, and put the wreck behind you.

However, if you feel that you need legal counsel and advice, research and talk with attorneys before making a decision. You should feel comfortable, confident, and secure in your decision. An attorney should talk with you and inform you about what can be done for you, as well as what cannot be accomplished. Legal assistants and paralegals play an important role in a law office, but clients should get legal advice from attorneys - ask to speak with an attorney directly. Additionally, most law firms that have been retained to handle a bodily injury claim will assist the client with property damage claims, and PIP insurance claims, without charging a fee.

The aftermath of an automobile accident can be difficult, but you have rights and you should not feel forced to make quick decisions that can have long-term impact. Protect yourself and seek competent counsel.

As the New Year approaches, and hope of a brighter economy grows, San Antonio (and all Texas) drivers should be aware that when economic times get tough one of the expenses that many people cut is their automobile insurance. Even though most states, including Texas, require licensed drivers to maintain minimum limits of automobile liability insurance, when jobs are lost or bills pile up in bad economic times many drivers simply cancel or stop paying for insurance.
A study that is set to be released soon by the Insurance Research Council estimates that several hundred thousand drivers nationwide have dropped liability insurance in the past year.

Driving without insurance not only places a driver at risk of a hefty fine if ticketed by police, but if you cause an accident and damage another's car, or worse, injure someone, without insurance you expose your personal assets to a lawsuit and potential judgment. While many assets are protected from being taken from you, if a judgment is obtained it can be filed with the deed records of your home county and can be kept viable indefinitely. If you ever acquire assets that are not protected, or try to sell a home, or obtain a loan, the judgment will show up against you.

Further, if you are the victim of a wreck caused by an uninsured driver, you may be in the position of trying to obtain a judgment against a person that has no assets to pay for your damages and injuries, and may never be in a position to compensate you for your losses. The only protection against this scenario is to purchase uninsured motorist protection along with your regular liability insurance coverage. Uninsured motorist protection will pay for losses caused by a negligent, uninsured driver. Recoverable compensation under Texas law for persons injured in an automobile accident can include lost wages or salary, medical bills, compensation for the pain caused by injuries such as broken bones or damaged tissue, and other compensation that can be determined in individual cases.

If the economy has hit your family, dropping automobile insurance in a cost-saving measure may lead to many more consequences and this decision should not be made lightly. However, since it is clear that many do make this decision, one way to protect yourself from an uninsured driver is to add extra coverage on your own vehicle.

Recent reports of attacks by vicious dogs highlight a misconception of many pet owners that if their pet has no history of biting they will not be responsible if it ever does occur. This is often referred to as the "one free bite rule". The "one free bite rule" is short for the legal theory that you as a dog owner will not be responsible for actions of your pet if you had no notice of the pet’s vicious nature.

The "one free bite rule" can only provide some assistance to the pet owner, and is not a bar to bringing a claim if a person has been attacked; there are many exceptions and an experienced lawyer can often find an exception. One of the exceptions is that a pet owner is always required to use reasonable care in handling his dog. As an example, it may not be reasonable to let your dog play with very young children if there are no young children in your household and the dog is not used to interacting with young children. It also may be unreasonable to let a young household guest play rough with your dog. In addition a pet owner is going to be held to a standard that requires them to take action to terminate any aggression by your dog.

Some Courts have considered a few dog breeds as inherently aggressive, putting the owner on notice of its natural tendency to be violent. Many dog owners dispute that their favorite breed is genetically bred to be vicious. However, a jury is more likely to award damages when the attack is committed by a pit bull in comparison to a small lap dog, and insurance companies are less prone to litigate and more likely to resolve a claim when an attack is committed by a breed with a reputation for aggression.

Dogs can be wonderful pets; however, not every dog is fit to be around children or house guests. Any dog attack needs to be treated seriously, and bites can become infected and leave permanent scarring.

During the recent election cycle there was some dialogue about the Texas Supreme Court and their bias towards insurance companies. This perceived bias is supported by the Court's rulings that favor insurance companies almost 90% of the time. This is even more alarming when you consider that in the vast majority of the cases reviewed the injured party prevailed in the trial court and also prevailed in the court of appeals; however, with some regularity the Texas Supreme Court reverses the findings of a jury of citizens as well as a panel of appellate judges and ruled in favor of the insurance company or corporate defendant. When an insurance company or large corporate defendant appeals a judgment to the Texas Supreme Court it is likely going to win.

The Texas Supreme Court acts in many instances as a monolithic block, voting in favor of defendants, and often reversing decades of legal precedents. Some have even gone as far as to suggest that the Court, which is comprised of 9 Republican Justices, rules in favor of many of the companies that donate substantial contributions to their campaigns. The vast majority of the money raised by the Texas Supreme Court comes from insurance companies, medical entities, and large law firms with cases before the Court.

In a recent case the Texas Supreme Court ruled against Texas homeowners who had defective synthetic stucco installed on their homes. Don's Building Supply, Inc. vs. OneBeacon Insurance Co., 51 Tex. Sup. Ct. J. 1367 (Feb. 7, 2008) In the OneBeacon case, the Court overruled decades of Texas jurisprudence in a decision that favored the insurance company. Because of the Court's ruling, thousands of Texas homeowners will not be able to recover for damages to their homes. In a nutshell the Court ruled that the homeowners were too late in bringing their lawsuit, even though it was without dispute that the homeowners did not know about the damage being done to their homes - because the damage was hidden by the defective stucco. Prior case law in Texas would have allowed the lawsuit to proceed based upon the "discovery rule." The discovery rule was a common law theory that allowed a lawsuit to proceed past the typical cutoff date if the injury or harm was not discoverable by the person harmed, even with the exercise of due diligence. Citing the language contained in the insurance policy - language created by and placed into the policy by the insurance company - the Court ruled that the discovery rule did not apply to this circumstance.

That "money-saving, high fuel economy" car you just purchased may come with hidden costs. Many Texas drivers, like automobile owners all over the country, are buying smaller, more fuel-efficient vehicles for their transportation needs.
However, one cannot look to fuel-efficiency alone when examining cost savings - what you save in fuel costs, you may pay for in additional insurance rates.

A study by Insure.com, an online insurance brokerage company, was recently reported in the Wall Street Journal (WSJ) and the study found that a 40-year old male driver buying a Mini Cooper (which reportedly gets 37 mpg) would pay over $400 per year more for insurance than if that same driver purchased a Toyota Sienna minivan (which reportedly gets 23 mpg). There are many more examples (Honda Civic vs. Honda CR-V; the Civic gets approximately 10 mpg more, but costs over $400 more per year to insure).

Small vehicles present greater opportunity for injuries when involved in wrecks.
Small vehicles are also more prone to being stolen, according to crime reports gathered by the National Insurance Crime Bureau (NICB). In addition to the traditional methods of rating insurance policies - such as the location of the vehicle, driving history, credit ratings, etc. - many insurance carriers are now bulking rates by make and model. Hybrid vehicles can be even more costly to insure. Many new hybrid models cannot use traditional "after-market" parts, and are therefore much more costly to repair if damages in an automobile accident.

All in all, looking solely at fuel savings is not the answer. Your safety should be the most important consideration; however, fuel savings (and therefore environmental savings) is also an important consideration but it must be balanced against the cost to insure the vehicle.

It has recently been reported that the world's largest insurance carrier - insurance giant AIG - is in deep financial trouble. According to various AP reports, AIG is in immediate need of between $20 and $40 million dollars, and may require as much as $70 - $80 million for long term needs. The entities that rate insurance companies for investment purposes (Standard & Poor’s, Moody’s Investors Services and Fitch Ratings) have all reduced the score of AIG in recent days.

While company investors and executives battle the financial worries and attempt to quell a worried market, many individuals with life insurance policies are concerned over whether they will still have protection for their families in the event that AIG goes under. After quick debate a decision was made by the United States government to provide $85 million in funding to the insurance company to keep it afloat. So, in the short run, it appears that AIG will survive and can attempt to continue its business enterprise. However, the scare placed many life insurance and other policy holders in fear of losing their protection. Policy holders in Texas should know about certain protection plans in place in the event of a worst case scenario.

In the event that an insurance company, such as AIG, becomes insolvent, the State of Texas created a fund that can provide assistance and cover those policy obligations, at least partially. More information can be found by reviewing the information contained at the Texas Life, Accident, Health & Hospital Service Insurance Guaranty Association.

Policy holders whose life insurance is provided by AIG should not panic, inasmuch as the financial crisis has been weathered in the short run; but, if a company does not survive, Texas residents will have some recourse for protection through this State created agency.

There have been several recent stories in the San Antonio news media involving hit and run automobile accidents. The trauma inflicted by a hit and run driver, and the injuries suffered by a victim of hit and run drivers in San Antonio, Texas can be devastating. Unfortunately, the pain and injury can be compounded unless the victim carried uninsured/underinsured motor vehicle protection coverage on their personal auto insurance. If the perpetrator flees the scene, and the victim cannot identify the hit and run driver in order to make a claim against the perpetrator's insurance, the only available option may be if the victim had uninsured/underinsured protection.

Uninsured/underinsured motorist insurance protects you, and your family riding in your vehicle, from persons that cause an accident and either do not have insurance, or do not have enough insurance to pay your hospital and doctor bills, lost time at work, and other recoverable losses under Texas law. Likewise, if another driver hits your vehicle causing a wreck, and then flees before they can be identified, the uninsured coverage on your policy will protect you and pay those losses.

Uninsured/underinsured coverage is usually very economical, and much less than the cost of the original liability policy that Texas law requires drivers to maintain. By adding this valuable insurance coverage to your policy, you can protect yourself and those traveling in your vehicle. If injuries are sustained, your losses and the damage to your vehicle can be protected on your own insurance policy and you can prevent yourself from being victimized twice.

Texas law requires that this coverage be offered to you, and you must sign a waiver of this coverage when purchasing auto insurance. Before you conclude that you do not have this coverage, you or an attorney on your behalf, should verify that a signed waiver of this important insurance coverage exists.