Both election fraud and voter fraud can carry significant consequences, including hefty fines and prison time. Not only that, but these types of fraud threaten the integrity of our voting process.

What Is Election Fraud?

Election fraud involves unlawful acts that jeopardize the trustworthiness and reliability of the election process. At both state and local levels, election officials have a responsibility to ensure elections are run accurately and fairly. These duties are reflected in the laws that govern election administration. Whether intentionally or knowingly, it is unlawful for an election official to:

• Destroy, damage, or tamper with voting equipment or ballot boxes
• Falsely report votes or falsify election returns
• Tamper with or alter election documents
• Reject the votes of qualified voters
• Receive ineligible votes

Additionally, it is unlawful for individuals outside the election process to:

• Interfere with access to a polling place, whether by deception or physical actions
• Make counterfeit ballots
• Tamper with another’s ballot
• Influence someone’s vote with a bribe or other compensation
• Coerce, threaten, or intimidate a voter in an attempt to influence his or her vote or decision to vote

The penalties for election fraud vary. While crimes that involve negligence in the duties of an election official are typically considered misdemeanors, crimes that involve intentional misconduct or corruption can bring severe felony penalties.

What Is Voter Fraud?

Each state defines voter fraud differently. However, it typically occurs when a person commits any of the following acts knowingly, intentionally, or recklessly:

• Votes when he or she is ineligible to vote (such as a disqualified voter, noncitizen, or nonresident)
• Votes with a fraudulent ballot
• Registers to vote with a fraudulent name or address
• Casts a ballot in the name of an ineligible voter (such as a voter who has moved out of the election district or a deceased voter)
• Votes more than once in the same election (double voting)

Like election fraud, the penalties for voter fraud can vary, but it is a felony in most states, often punishable by a year or more in prison.

Call Our Austin Fraud Attorneys Today

If you’ve been charged with a fraud crime, or want to pursue a fraud case against another party, contact Shaw Cowart LLP at our Austin or Houston office online or at 512-499-8900 to schedule a confidential consultation.

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The law recognizes that certain relationships are so important that breaches of those relationships are grounds for damages in civil court. Such a relationship carries what is known as a fiduciary duty, and a breach of that duty may prompt a lawsuit.

If someone owes you a fiduciary duty, it means that he or she has an obligation to place certain interests of yours above their own. These obligations may arise through a formal arrangement, such as a trustee or attorney-client relationship, but they can also form more casually, from a personal, domestic, social, or moral relationship, such as a guardian and a child in his or her care.

Elements of a Breach of Fiduciary Duty Claim

As a plaintiff in a breach of fiduciary duty claim, you must establish specific elements for a successful case. These include:

1. Fiduciary duty: This means that the fiduciary relationship must have been already established. If the relationship wasn’t pre-existing, then no trust could have been given or violated.
2. Breach of fiduciary duty: An action taken by the fiduciary that resulted in a loss for you is not enough to establish a breach of fiduciary duty. The action must have violated his or her fiduciary duties.
3. Damages: Once a breach of fiduciary duty has been established, you must prove that the breach resulted in either damages to you, or benefits to the fiduciary. While it may be obvious why your losses would be grounds for a lawsuit, you can also seek justice against a fiduciary who benefitted from of their breach of duty, as these are considered ill-gotten gains.

The first step to pursuing justice in a breach of fiduciary duty claim is to discuss your case with the experienced attorneys at Shaw Cowart LLP. They will assess the merits of your case and explain all of your legal options.

Contact Shaw Cowart LLP Today

If you have suffered damages as the results of someone’s breach of fiduciary duty, contact Shaw Cowart LLP today online or at 512-499-8900 to schedule a confidential consultation. We serve clients from Austin and surrounding Texas areas.

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It should come as no surprise that riding a motorcycle increases your risk for severe injuries more than other modes of transportation. In fact, according to a study by the National Highway Traffic Safety Administration, motorcyclist deaths occur 28 times more frequently than car-occupant deaths in traffic wrecks, for every mile traveled.

While there are certain precautionary measures you can take to protect yourself while on a motorcycle, you can never eliminate all risks. If you’ve been injured in a motorcycle crash, you may be facing pain, disability, mounting medical bills, and time away from work that you and your family can’t afford. The experienced motorcycle accident lawyers at Shaw Cowart LLP can help you seek the justice and maximum compensation you deserve.

Protective Motorcycle Gear

Protective accessories and clothing are essential to protecting yourself against severe injuries in the event of a wreck. Use the following items every time you ride:

• Helmet: Ensure your helmet is free of defects, such as frayed straps, loose padding, dents, and cracks. Wear a helmet that fits snuggly, but comfortably, when securely fastened to prevent movement while riding.
• Eye protection or face shield: Some helmets are compatible with face shields that protect both your face and eyes. If you’re not using a face shield, use protective eye wear to prevent contact with insects, debris, or other airborne hazards that could enter your eyes and cause an accident.
• Full-body coverage: Motorcycle clothing should be comfortable and climate-appropriate. Wear sturdy pants and a long-sleeved shirt or jacket. The more durable and thicker the fabric, the more protection you have if you are involved in a wreck. A variety of motorcycle gear even comes with built-in padding. To ensure full coverage from head to toe, wear sturdy over-the-ankle boots and full-fingered gloves.
• Reflective and high-visibility gear: Thousands of motorcycle wrecks occur every year because motor vehicle operators don’t notice the presence of a motorcycle on the road. Reflective gear and high-visibility clothing can help increase your visibility and reduce your risk for injury when riding a motorcycle. Keeping your headlight on, even during the day, is another measure you can take to make your motorcycle more visible.

Schedule Your Free Motorcycle Accident Consultation Today

If you’ve been hurt in a motorcycle accident in Austin, Texas, contact Shaw Cowart LLP today online or at 512-499-8900to schedule a free initial consultation with an experienced attorney.

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Inheritance disputes can be challenging to resolve. They can involve a lifetime of emotions with the deceased and other claimants under the will. In the event of an inheritance dispute, it is typically best to attempt to resolve the dispute without going to trial, using mediation. The time and cost of going to court could be so significant that it outweighs the amount of your inheritance.

Mediation is the first and least disruptive step to resolution in an inheritance dispute. In fact, courts view parties that decline mediation negatively, especially when one party is willing and the other party refuses. Courts may consider this refusal as unreasonable conduct, therefore lowering the refusing party’s award as a result.

Benefits Inheritance Dispute Mediation

There are a number of benefits to using mediation to resolve inheritance disputes, including:

• Cost: Mediation does involve certain costs, such as mediator’s fees. However, even these costs are substantially lower than those involved with going to trial. Even if you are unhappy with the settlement sum you accept through mediation, the cost risks of going to court could put you in an even worse position in the long-run.
• Time: From start to finish, an inheritance dispute trial could take up to 18 months or longer to reach a resolution. This lengthy process can be incredibly stressful for all claimants and family members involved. Mediation settlements typically settle on the day of mediation or shortly thereafter, if certain parties need some time to think things over.
• Confidentiality: Court proceedings are public, and decisions made are matters of public record. Mediation settlements, on the other hand, should contain a confidentiality clause to keep the settlement terms confidential. Additionally, mediation discussions are “without prejudice”, which means that parties cannot refer to offers and discussions made at mediation if the dispute is not resolved that day.
• Control: In a trial, a judge decides the outcome. In mediation, the parties have more control over the terms of the agreement.

Inheritance Litigation

While inheritance dispute mediation offers a number of benefits, some cases simply cannot be resolved outside of the courtroom. If litigation is the only viable path toward resolution in your case, you need an experienced probate litigation attorney on your side. The accomplished legal team at Shaw Cowart LLP has the experience, knowledge, and resources needed to protect your rights and best interests in these complicated and emotionally-charged matters. Our skilled estate lawyers will assess your dispute and recommend the most effective approach for your case.

Contact Shaw Cowart LLP Today

To learn more about how the Austin, Texas probate attorneys at Shaw Cowart LLP can help in your inheritance dispute, contact our office today online or at 512-499-8900to schedule a confidential consultation.

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Contact our experienced attorneys if you’ve been injured in a motorcycle accident caused by someone else’s negligence. We provide a complimentary consultation so you can learn more about your options for pursuing maximum injury compensation. Contact us at 512-499-8900.

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The first day of summer doesn’t arrive until June 20, 2020, but across Austin and the rest of Texas, it really feels like it’s already here. Despite the fact that people are spending more time at home in response to COVID-19, you can expect to see an uptick in some of the most common summertime personal injuries in the coming months:

• Bicycle accidents
• Motorcycle accidents
• RV accidents
• Boating accidents
• Teen driving accidents
• Dog bites

People tend to get more active, kids are out of school, and – in more normal times – summer is a busy travel season. It remains to be seen how this summer will compare, but we already know that car accidents and other personal injuries are occurring right now, across Texas.

Here are a few tips for preventing the incidents discussed above:

• Practice safe driving habits and encourage your teen to do the same. Don’t text and drive, or otherwise drive distracted. Obey posted speed limits, and allow cyclists, pedestrians and motorcycles their rights to the road.
• Exercise caution at swimming pools. Supervise young children at pools, staying within an arm’s reach at all times. Review the pool rules with your children and make sure they understand them.
• Stay safe on the lake. Don’t boat under the influence of drugs and alcohol. It can be just as dangerous as drunk driving. Follow all boating rules and pay attention to what’s happening around you.
• Don’t assume pets are friendly. Even if it’s a friend’s or neighbor’s dog, hold out your hand first for the dog to smell you. Ask the owner if it’s okay to pet the dog. Keep small children away from unfamiliar pets or pets that you know to be problematic.

If you or a family member is injured this summer, and if you believe that injury was the direct result of someone else’s negligence, you should call the experienced Austin, Texas attorneys at Shaw Cowart LLP. We provide a complimentary consultation so you can learn about us and we can learn about your personal injury. For your free case review, please call 512-499-8900.

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As experienced injury attorneys, we have seen just how catastrophic burns can be. While the majority of burns do not qualify for a personal injury lawsuit, those caused by someone else’s negligence may qualify. The following are some of the common causes of burns in typical personal injury cases:

• Apartment fires
• Fires at hotels and rental properties
• Motorcycle accidents
• Motor vehicle accidents
• Transportation accidents
• Workplace explosions or fires
• Chemical spills
• Electrical accidents
• Faulty or malfunctioning fire exits

Burns can be life-altering depending on the severity. You could be left permanently disfigured and in extreme pain. Invasive surgery and skin grafts are sometimes required to treat the deepest burns. All of these things can be expensive and traumatic. That’s where our injury attorneys step in. We will tirelessly pursue maximum compensation on your behalf for:

• Medical expenses
• Loss of wages and income
• Diminished earning capacity
• Scarring and disfigurement
• Pain and suffering

The key in an injury case is to demonstrate that the at-fault party’s negligence was the direct cause of your burn injury. A negligent landlord, employer, hotel operator, retailer or other party could ultimately be responsible, and therefore should be held accountable.

The attorneys at our law firm are seasoned litigators who know how to tackle complex cases. You leave the heavy lifting and negotiating to us, so that you can focus on healing and getting better. We offer the personalized service and attention of a boutique firm. You will know how to reach us with your concerns or questions throughout the duration of your case. We also provide injury representation on a contingent fee basis, which means we do not charge you anything upfront. Instead, payment for our services comes from a percentage of any monetary award we recover on your behalf; no recovery, no fee.

If you or a loved one has suffered a catastrophic burn injury as the result of someone else’s negligence, then you deserve full and fair compensation. Take action now: Call the experienced Austin, TX, injury attorneys at Shaw Cowart LLP for a complimentary consultation at 512-499-8900.

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Zantac been completely recalled from the market as of April 1, 2020. The FDA pulled the drug from shelves after research showed dangerous levels of the carcinogenic chemical N-nitrosodimethylamine (NDMA) is formed when the drug is stored long-term and when heated (such as may occur during storage or transportation).

While our defective drug attorneys want to hear about any and all illnesses potentially linked to Zantac, early indications show that NDMA in the medication may lead to cancers of the:

• Stomach
• Liver
• Intestines
• Esophagus
• Kidney
• Bladder
• Pancreas
• Prostate
• Colon

NDMA from ranitidine has also been linked to leukemia, multiple myeloma and Non-Hodgkin’s lymphoma. This list is in no way exhaustive, and you should call us to ask about any disease, illness or injury you experienced after using Zantac.

While a lawsuit settlement cannot be guaranteed, our attorneys will tirelessly pursue the best outcome for you and your family. We will be looking at whether the makers of Zantac continued to sell the medication despite evidence of the presence of NDMA, and an initial warning issued by the FDA in September, 2019. If the manufacturer put profits over your health, then you deserve justice.

You could be owed economic and non-economic damages, including:

• The costs of medical care, current and future
• Medical monitoring
• Costs of in-home care and assistance
• Lost income
• Diminished earning capacity
• Diminished quality of life

If you became ill because of your use of the heartburn medicine Zantac, you are not alone. An estimated 2 million people in the country use Zantac, and we are just starting to see how many people may have developed cancer because of a seemingly harmless heartburn relief medicine. As we do with Roundup lawsuits, our attorneys are carefully examining the link between cancer and our clients’ use of this product.

If you think you may have a claim related to Zantac, please call the experienced defective drug attorneys at Shaw Cowart, LLP, for a free consultation at 512-499-8900. We are currently reviewing claims in which it appears that Zantac caused cancer. Our law firm is located in Austin, TX, but we want you to call us about your Zantac claim no matter where you live in the U.S. We’ll help you find the resources you need.

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Although there have been fewer car crashes during the COVID-19 outbreak, our attorneys have noticed an increase in the severity of the accidents and the problems individuals face following an accident. As always, Shaw Cowart LLP is ready to provide free consultations and case evaluations to help make sure your legal options are protected.

 Higher Speed Accidents During COVID-19 Pandemic

Given mostly clear roads, many cars have been traveling at much higher speeds in recent weeks, as well as failing to obey traffic controls and failing to watch for other vehicles with the right-of-way. A recent traffic report published by INRIX evidences the changes in average driving speeds since the outbreak emerged in March 2020, even as the overall volume of cars on the road has dropped. INRIX looked at data from several major cities, and found that while the average vehicle miles traveled has dropped about 80% since the “stay-at-home” orders began, travel speeds are up as high as 75% in some places, compared to January and February 2020, when traffic patterns were normal. Speed has always been one of the main contributing factors in many auto accidents, with prior research suggesting that just a 1% change in speed leads to a 3% increase the risk of suffering a severe car accident injury and a 4% increase in the risk of fatal injuries.

 Pedestrian Accidents Likely Will Occur More Often and Be More Severe Under Coronavirus “Stay Home” Orders

In most states that have issued “stay home” orders, individuals are still encouraged to get out and walk, while maintaining social distancing. Increased foot traffic near roadways may also have an unintended impact on the risk of pedestrian accidents where cars hit walkers.

Studies have found that for pedestrians struck by a car, the risk of death jumps significantly once the vehicle exceeds 30 MPH, with the fatality risk 3.5 to 5.5 times more likely for the pedestrian as the speed increases by only 10 MPH difference, from 30 MPH to 40 MPH.

 Difficulties In Obtaining Treatment for a Car Accident Injury During The Coronavirus Outbreak

Even as the severity of auto accident injuries during the coronavirus outbreak is likely to be higher, injured parties will endure unique challenges obtaining treatment for their injuries. This may increase their pain and suffering and lead to permanent disability if they fail to fully recover from their injury due to a lack of proper medical care. Many hospital emergency rooms are already overwhelmed, and there is a reluctance to go to the crowded waiting rooms after an accident, where the risk of being exposed to COVID-19 is substantially higher. As a result, many individuals involved in an accident are delaying critical early treatment for their injuries, which should be avoided. Over the past few weeks, our lawyers have spoken with a number of medical providers to help coordinate treatment for our clients and make sure proper precautions are being taken to ensure safe and effective injury treatments are available during the coronavirus outbreak.

 Auto Accident Lawyers Available To Help During COVID-19

During these difficult times, the accident lawyers at Shaw Cowart, LLP are available to help. In addition to dealing with the insurance company and making sure our clients receive the proper compensation in their case, we are also many times able to provide information about treatment providers who can help you cope with the pain and suffering caused by an accident. One of the most important things to do after an accident during the coronavirus outbreak is to contact your personal attorney and make sure to obtain the legal guidance you need. We handle cases on a contingency basis, so there is never any out-of-pocket costs to hire our attorneys and we only receive attorneys fees or expenses if a settlement or recovery is obtained.

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The coronavirus (COVID-19) pandemic has caused both state-mandated shutdowns and independent decisions for businesses to shut their doors this year.  In order to protect against these kinds of unexpected closures, Business Interruption Insurance is purchased by business owners all across the country.  However, insurance companies are trying their hardest to deny coverage of these claims to policyholders.

We are currently accepting Business Interruption Insurance cases; representing people on a contingency fee basis. Meaning that we don’t get paid until you do.  Read more below about how we can help file your claim.

Do I have a Business Interruption Insurance claim with COVID-19? 

Business Interruption Insurance policies are personalized to the insured’s business. This pays for loss of business income due to a necessary halt of normal business operations. This halt of operations may appear directly from contamination of the facility from COVID-19, state or local authority’s order, the need to protect employees and customers, or countless of other causes which effect the use of your business and property for its intended purpose.

A business owner’s coverage of damages due to the coronavirus comes down to the insurer’s specific policy and external conditions. Additionally, it could consist of cases where the federal or state government ordered them to shut down operations.  If your business has been damaged by the government-mandated shutdown, you are likely counting on your business interruption insurance to replace lost income, pay bills, and cover payroll. It is likely that the insurance industry will be denying business interruption claims on a wholesale basis.  Even if this does not happen, many insurance companies will deny claims stemming from this pandemic, aiming to rely on exclusions or other policy language.

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