If you’re starting up a business, there are a million things to oversee, and you may not even think about hiring a business lawyer. However, having a business lawyer on hand can make your life easier in a number of ways. From navigating contracts to protecting you from lawsuits, a business lawyer is invaluable for companies of any size.

Whether you’re a small business just starting out or a large corporation looking for a new legal representative, call Shaw Cowart today at 512-499-8900 for your initial consultation.

1.          Contracts

Every business will run into the issue of contracts. You’ll need to draft contracts for other parties to sign, and you’ll also need to look over contracts that other parties give to you. While you can always just draft a contract yourself, having a business lawyer look it over will ensure that all your legal t’s are crossed and i’s are dotted. Conversely, when signing a contract, a lawyer can first look it over for you and make sure it doesn’t hold any hidden surprises.

2.          Business Owner Disputes

Ideally, business owners, partners, and shareholders are all on the same page when it comes to the running and direction of a business. However, disputes do arise, and when they do you’ll need a business lawyer to make sure the outcome of the dispute is favorable to you.

We can advise you in discussions, and we can also help to negotiate a buyout if you or another party wants to leave or is being ousted. We have extensive experience representing key stakeholders in business disputes.

3.          Employment Litigation

A business lawyer serves a valuable role in both helping to prevent employment litigation and serving as defense in the case that an employee does sue your business. Here at Shaw Cowart, our attorneys have experience with complex employment litigation, including cases that involve:

• Title VII
• Fair Labor Standards Act (FLSA)
• Employee Retirement Income Security Act (ERISA)
• Family and Medical Leave Act (FMLA)

We will help mitigate any damage done, and advise you on compliance so that you don’t run into the same problems again in the future.

4.          Premises and Product Liability Defense

Businesses have a responsibility to keep their premises and products safe. If someone is injured on your property due to poor maintenance or unsafe conditions, they may bring a lawsuit against you. Likewise, if someone is injured because of a defective product that your company produces, you may face being sued.

A Shaw Cowart business lawyer can not only defend you in a product or premises liability case, but can work with you to ensure that it doesn’t happen again. We have experience across a wide variety of industries, and can advise you on compliance issues regarding premises and product liability.

Schedule Your Business Law Consultation

There are many reasons to hire a business lawyer for your company. If you’re ready to take the first step towards protecting your company, call Shaw Cowart today at 512-499-8900 for your complimentary consultation.

We serve clients in Austin, TX and nationwide.

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No matter the size of your business, you’ll need experienced business lawyers at your side to help you navigate the inevitable legal disputes that arise when running a company. Here are some of the many ways a corporate litigator can help your business thrive:

Contact Our Austin Business Lawyers Today

At Shaw Cowart LLP, our business litigators have represented clients ranging from small local businesses to Fortune 500 companies to governmental entities. We can help your business meet whatever challenges may arise. We serve Austin and nearby areas of Texas. Call (512) 499-8900 today to schedule a consultation.

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Texas Courts have recognized in the convoluted world of hospital billing that patients rarely pay or otherwise become obligated to a hospital’s “full” charges. Medicare, Medicaid, HMOs, and private insurers are generally subject to discounted rates under law, or through their contracts with hospitals and other providers. As the Texas Supreme Court held in the 2011 case of Haygood v. de Escabedo, 356 S.W.3d 390 (Tex. 2012), since a claimant is not entitled to recover medical expenses that a provider is not entitled to be paid, evidence of such charges is irrelevant to the issue of damages.  Accordingly, only evidence of recoverable medical expenses is admissible at trial. It follows that the attorney representing a plaintiff in a case seeking the recovery of medical expenses, paid or incurred in the past, or sought to be recovered in the future, must take care in presenting the evidence to the judge and/or jury to not run afoul of this rule. In fact, the submission of any evidence of what the “full” charges are could introduce potentially reversible error into a plaintiff’s case and risk voiding a favorable verdict.

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Wage and hour lawsuits involve questions over the amount of wages an employee has earned, or the number of hours they have been working. In recent years, wage and hour lawsuits have been making up the majority of employment law disputes filed each year.

Wage and hour claims are often complex and may involve more than one type of legal issue. Common issues involved in these cases include:

• Minimum Wage: Not paying the minimum wage as required by law.
• Exemptions: Certain categories of employees are exempt from overtime pay requirements. This means that they are not entitled to overtime pay. Some employers make the mistake of classifying some or all their employees as exempt, when they really are not. Others wrongly classify employees simply to avoid paying them more.
• Employee’s Job Title vs. Actual Duties Performed: Most Fair Labor Standards Act (FSLA) provisions are based on the actual duties that the employee performs, rather than their job descriptions. This means that the exemptions are based on duties performed and not job titles. A common mistake for employers is to base the employee’s FLSA status on their job title rather than their duties.

Should I Get a Lawyer for Wage and Hour Claims?

Filing a wage and hour claim requires documentation and can be complicated. You may need the help of an experienced employment litigation attorney to help file your claim. At Shaw Cowart, our attorneys have extensive experience handling wage and hour claims, and we can ensure your rights are protected every step of the way.

Please contact Shaw Cowart using the form on this page or call 512-499-8900 today to schedule a complimentary consultation. We serve clients in the Austin, Texas area.

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It probably comes as no surprise, but the prevalence of motorcycle accident fatalities in Texas varies by age range. As you might expect, individuals in their 20s through their 50s suffer significantly more fatalities on a bike than teenagers or seniors.

If you’ve lost a loved one in a motorcycle accident caused by the negligence of another driver, you may be entitled to file a wrongful death lawsuit to recover compensation. While no amount of money can truly compensate you for your loss, a settlement in a wrongful death case can help you stay financially afloat during this difficult time.

At Shaw Cowart, we’ve witnessed first-hand the devastation caused by motorcycle accidents. Our lawyers will fight aggressively to hold the negligent driver accountable for your loss.

Please contact Shaw Cowart LLP using the form on this page or call 512-499-8900 today to schedule a complimentary consultation. We serve clients in the Austin, Texas area.

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Construction sites are some of the most dangerous work environments. Even when every possible precaution is taken to ensure a safe job site, there are certain hazards that can cause an injury at any time. Falls from scaffolds, defective machinery, explosions and collapsing buildings are just a few of the ways in which you can suffer a catastrophic injury. When a construction accident occurs, who is responsible for your injury?

Determining liability after a construction accident can be complicated, and it’s important to work with an experienced attorney who can help you hold all negligent parties accountable for your damages. At Shaw Cowart LLP, we’ve helped many construction accident victims recover compensation after a devastating injury. We’ll investigate every aspect of your accident to ensure that the proper parties are included as part of your claim. This will give you the edge you need when seeking to maximize the value of your compensation.

Will My Injuries Be Covered by Workers’ Compensation?

Workers’ compensation is a system that is set up to provide you benefits after a workplace injury, regardless of who was at fault. It’s important to seek the workers’ compensation benefits to which you are entitled. However, you should also understand that there are limitations associated with this system:

• Workers’ compensation only covers the immediate costs associated with your injury, and this may not reflect your total losses. If you need long-term medical care, these costs may not be covered under workers’ comp.
• In many instances, there may be one or more third parties liable for your injuries. You have the ability to file a lawsuit against these third parties to supplement the workers’ compensation benefits you receive. Often, filing a personal injury lawsuit will help you recoup many of the expenses not covered by workers’ comp, such as ongoing medical care, diminished earning capacity, or pain and suffering.
• The filing process for workers’ compensation benefits is highly complex, and failure to fill out all forms properly can potentially result in a reduction in benefits or even an outright denial of your claim.

At Shaw Cowart, we will walk you through the process of filing for workers’ compensation benefits to ensure it is done properly. We’ll also handle any appeals if your claim is unfairly denied. In addition, we can help you file a personal injury lawsuit to pursue compensation against all negligent third parties.

Common Parties Held Liable after a Construction Accident

Depending on the specifics of your construction accident, one or more of the following parties may be held liable for your damages:

• Construction site owners
• Contractors and subcontractors
• Architects
• Engineers
• Equipment manufacturers
• Safety managers
• Construction site managers and foremen
• Manufacturers and suppliers of the equipment, materials and machinery used at the construction site

How Is Liability Determined in a Construction Accident?

The following factors are evaluated when determining potential parties to hold liable in a construction accident claim:

• Accident location – Construction workers may perform a variety of jobs on a construction site, and this often causes them to work at different locations of the work site based on the task at hand. The specific location of the accident can often dictate who is liable.
• Conditions at the accident site – All construction sites are governed by Occupational Safety and Health Administration (OHSA) regulations. If the accident scene fails to meet OHSA safety standards or hasn’t been maintained properly, the party responsible for overseeing the work site safety conditions may be held liable for your injuries.
• Equipment being used – If the equipment you were using malfunctioned, the parties responsible for the manufacture, sale and maintenance of this equipment may be held liable.
• How the equipment was being used – If the improper use of construction equipment caused your injury, the individual using that equipment at the time of the accident may be held liable. If that person wasn’t properly trained on how to use the equipment, the party responsible for this training may be held liable.
• Who was overseeing the construction site and equipment – If the party supervising and managing the construction site at the time of your accident made an error or acted negligently, that person may be held liable.
• Your employer – If your employer was responsible for the accident, then filing a workers’ compensation claim may prevent you from seeking additional compensation through a personal injury lawsuit. However, if a third party caused the accident, you may be entitled to seek compensation from this party in order to supplement the workers’ comp benefits you receive.

Contact our Austin Construction Accident Lawyers

Due to the complexity of construction accident cases, it’s crucial that you work with an experienced attorney. At Shaw Cowart, we’ll fight aggressively to ensure that all negligent parties are held liable for your damages.

Please contact Shaw Cowart LLP using the form on this page or call 512-499-8900 today to schedule your complimentary consultation. We serve clients in the Austin, Texas area.

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Recently, the Texas Supreme Court handed down two decisions regarding the economic loss rule. The decisions, on their face, look to be completely inconsistent with each other. One states that a subcontractor can be sued for negligence in a breach of a contract action, and the other states the subcontractor cannot.  However, while the results of the two cases may have been different, the Supreme Court’s reasoning for their decision was absolutely consistent.

Generally, the economic loss rule precludes recovery in a tort case (think negligence) for economic losses resulting from a party’s failure to perform under a contract when the harm suffered consists only of the economic loss from the respective contract. In other words, when the complaining party has not suffered personal injury or property damage, it cannot sue for monetary damages arising out of a breach of contract.

A breach of contract is the is the avenue for recovery in these instances and may, in fact, preclude some types of economic losses sustained through a defendant’s conduct.  This is a complex area of the law. Shaw Cowart, LLP suggests you consult a lawyer to see how your case is affected by the applicable laws, including the economic loss rule.

Shaw Cowart, LLP Can Help

The business litigation attorneys at Shaw Cowart, LLP have extensive experience handling cases involving the economic loss rule. We will help you navigate this complex area of law to ensure your rights are protected every step of the way.

Please contact Shaw Cowart, LLP using the form on this page or call 512-499-8900 today to schedule a consultation. We serve clients in the Austin, Texas area.

Posted in Breach of Contract, Business Litigation | No Comments »

The actions you take when starting a business can potentially set you up for success or increase the likelihood that you will face legal challenges in the future. Do you know what to do?

The following infographic highlights five important areas you must address when starting your business. The attorneys at Shaw Cowart LLP have decades of experience handling legal matters for businesses in the Austin area, and we can assist you with just about any business litigation issue you have.

Please contact Shaw Cowart LLP using the form on this page or call 512-499-8900 today to schedule a consultation. We serve clients in the Austin, Texas area.

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A traumatic brain injury can have a devastating impact on your life, affecting all aspects of your ability to function. For this reason, it’s crucial that you identify the injury as soon as possible. Prompt treatment can often help minimize the severity of the brain injury and increase your chances of a full recovery.

One of the challenges associated with treating a traumatic brain injury is that no two injuries are alike. They all result in a unique set of symptoms and long-term issues based on the severity and location of the head injury. Therefore, it’s important to understand that these long-term impacts are merely potential outcomes. The specific long-term repercussions of your brain injury will depend on:

• The severity and location of your brain injury
• Your body’s ability to heal
• How quickly you receive treatment after the injury
• The quality of your medical treatment
• The types of functions affected by your brain injury
• Whether you have suffered other head injuries in the past

Potential Cognitive Impacts Associated with a Brain Injury

If you’ve suffered a moderate to severe brain injury, you may experience cognitive issues that can impact your ability to process information. Some of these potential issues may include:

• Difficulty concentrating
• Difficulty maintaining focus for a prolonged period of time
• Short-term and long-term memory problems
• An impaired ability to learn and remember new information

It is common for individuals with a brain injury to speak, think and solve problems at a slower rate after their injury. In addition, many brain injury victims have difficulty grasping abstract concepts and struggle to apply prior knowledge in new settings. These challenges can often cause people to feel frustrated or confused.

Potential Behavioral Impacts of a Brain Injury

If the areas of the brain responsible for social-emotional processing are impacted by your head injury, it can cause you to experience changes in your personality. Depending on the specifics of your injury, this may include:

• Mood swings
• Increased aggression
• Depression
• Decreased motivation
• Inability to act or speak tactfully
• Reduced inhibitions
• Challenges adjusting your behavior in order to adapt to a specific situation

Many of these social-emotional issues impact more than just the brain injury victim. They can also place considerable stress on loved ones and close friends.

Potential Sensory Impacts Associated with a Brain Injury

Often, a brain injury can affect your senses. You may potentially experience:

• Reduction in the size of your visual field
• Difficulty tracking visual material
• Limited depth perception
• Blurry vision
• Ringing in the ears
• Changes to your senses of hearing, smell or taste
• Photophobia
• Vertigo
• Problems perceiving interpersonal bodily space
• Poor balance

Potential Health Issues Associated with a Brain Injury

In severe cases, a traumatic brain injury can lead to a variety of serious health issues, including:

• Paralysis
• Seizures
• Impaired function of bodily systems
• Loss of bladder and bowel function

Shaw Cowart Can Help

If your brain injury was caused by the negligent actions of another, you may be entitled to recover compensation for your damages. Due to the serious issues associated with a head injury, it’s crucial that you work with an experienced attorney who can assess the true impact your injury will have on your life moving forward. Often, brain injury victims require costly medical treatments and rehabilitation. In severe cases, these injuries may result in the need for ongoing care for the rest of your life. If your injury has impacted your ability to work, these long-term financial repercussions must be accounted for as part of your damages.

At Shaw Cowart, we’ve seen firsthand the devastation caused by a traumatic brain injury. We’ve handled many brain injury cases, and we understand the complex medical issues involved in these claims. We will evaluate all aspects of your long-term prognosis in order to ensure your damages reflect the true impact the injury will have on your life.

Contact our Austin Brain Injury Lawyers

Please contact Shaw Cowart LLP using the form on this page or call 512-499-8900 today to schedule your complimentary consultation. We serve clients in the Austin, Texas area.

Posted in Catastrophic Personal Injury | No Comments »

If you’ve been injured due to the negligent actions of another, you may be entitled to recover compensation in a personal injury lawsuit. Take our quiz below to find out whether you may need the assistance of one or our attorneys.

At Shaw Cowart LLP, we have decades of experience fighting for the rights of personal injury victims in the Austin, Texas area. Our lawyers are litigation experts who prepare every case as if it will go to trial. This preparation helps us negotiate a fair settlement on your behalf, and it ensures your rights will be protected in the event that a settlement can’t be reached.

Please contact Shaw Cowart LLP using the form on this page or call 512-499-8900 today to schedule a complimentary consultation. We serve clients in the Austin, Texas area.

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