Myths of Tort Reform in the Health Care Industry Dispelled

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While the insurance industry succeeded in convincing legislatures on over half the states that "tort reform" would improve overall health care to the individual care recipients, the notion that doctors would gravitate to practicing "defensive medicine",  prescribing unneeded tests, procedures, and medications to avoid being sued, has been dispelled by a recent major study by the New England Journal of Medicine. They find that tort reform measures specifically designed to insulate emergency room doctors from lawsuits did nothing to reduce the number of expensive tests and procedures those ER … [Read more...]

Can I Avoid Probate with a Texas Revocable Living Trust?

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A Revocable Living Trust is an estate planning instrument created by you during your lifetime and is effective in connection with any real or personal property that you place into the trust. Until such time as it's funded with assets, it's just a nullity. When you create the Revocable Living Trust, you're known as the grantor. During your lifetime, you are the trust's trustee, and you have full power and authority to amend the trust, or even revoke it in its entirety and take back title to its assets. Until the time of your death, you are also the beneficiary of the trust. At the same time … [Read more...]

Drunk Driving Accidents Don’t Just Happen to Drunk Drivers

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Springer & Lyle notes that every state in the country now has nearly identical laws involving drunk driving or driving under the influence of drugs. Most cases involve a blood alcohol content  of .08 or above. Other cases rely on the arresting officer's observations at the scene of the arrest, while others involve actual medical evidence of intoxication or being under the influence of drugs. The issue is that driving under the influence of alcohol or drugs doesn't only affect that driver. It also affects every other driver, bicyclist or pedestrian around them. Every year, hundreds of … [Read more...]

Never Represent Yourself in an Injury Case

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What are the ramifications if you choose to represent yourself for the injuries you sustained in an accident?  Among other things, do you know how to draft an injury lawsuit that will withstand a motion to dismiss? Springer & Lyle drafts and litigates lawsuits. That's just part of their job. Most injury cases arise from motor vehicle or on premises accidents. That means it's highly likely that the person you're claiming against is insured. When the insurance adjuster tells you that they've handled thousands of cases like yours over the years, it might not be an exaggeration. This is … [Read more...]

Phones Aren’t the Only Cause of Distracted Driving

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With new laws, increased penalties and enforcement, along with public service messages, Springer & Lyle believes the public is getting the message about the dangers of cell phone use and texting while driving. However, more reminders are needed about the dangers of distracted driving in general. These distractions involve eating, changing music or radio channels, using navigation systems, attending to personal hygiene and even putting on makeup. The list can go on. Whenever a driver diverts their focus from driving, they're reducing their effectiveness and risking their own personal … [Read more...]

Failure to Properly Train Truck Drivers

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Springer and Lyle has represented many individuals who were injured in truck accidents across Texas. The driver of a tractor-trailer is required to have a commercial driver's license for several reasons, with the primary reason being safety. The vehicles they drive are gigantic. They weigh in excess of 60,000 pounds and have more and larger blind spots than smaller vehicles. They require considerably more stopping distance. They aren't easily maneuvered, and they travel at high speeds. They're much more likely to cause severe injuries or death than other motor vehicles. When drivers are … [Read more...]

Transvaginal Mesh Litigation

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Transvaginal mesh has become a nightmare for thousands of women who have suffered severe adverse effects involving erosion and migration of the mesh along with perforation of organs from it. Surgical mesh was designed over 60 years ago for repairing hernias. It's a woven material made of synthetic or biological materials that usually comes in a prepackaged kit along with tools to aid in the surgical procedure. Because mesh was widely successful in the treatment of hernias, surgeons began using it in other parts of the body that needed support. About 20 years later they began inserting it … [Read more...]

Construction Site Injuries

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Construction work has the highest rate of job related injuries and fatalities in the country. There's a major misunderstanding of the law involving construction accidents in the belief that workers' compensation is the only available remedy when somebody is hurt or killed on a job site. That statement might generally be true, but there are many times on construction sites where workers are injured through the negligence of somebody on that site who wasn't their co-worker or employer. Those are known as third party liability cases. As opposed to restrictive workers' compensation laws, the law … [Read more...]

Drowsy Driving Accidents

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According to the National Highway Traffic Safety Administration, over 100,000 motor vehicle crashes are directly attributable to driver fatigue every year. Those are only the drowsy driving accidents that were reported. Many more went unreported. That means driver fatigue contributes to far more accidents than we realize. From the information that has been reported, over 1,500 deaths per year are connected with drowsy driving. Another 70,000 people are believed to be injured. The personal injury attorneys at Springer & Lyle are always available to answer your questions regarding motor … [Read more...]

Speeding and Crashes

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People don't think of speeding as being the cause or a contributing factor in motor vehicle collisions because it's so common. We all catch ourselves speeding at one time or another, but speeding can be deadly. According to the U.S. Department of Transportation, speeding contributes to about 33 percent of all motor vehicle accidents. The faster a vehicle is traveling, the less reaction time is available. There's also the increased energy thrust on the human body at high speeds. The likelihood of serious injury increases exponentially the faster we travel. In 1995, congress repealed the … [Read more...]