Spinal cord injuries are life-changing. While research is constant and new therapies are being developed, we do not yet have a cure for spinal cord injury. For many, disabilities are permanent. Those who survive the initial injury may face a shortened life expectancy, often due to secondary conditions. Even so, the lifetime costs of spinal cord injury can easily be in the millions of dollars and that does not include lost income and earning capacity. Spinal cord injuries take a physical, emotional, and financial toll on victims and their loved ones. The experienced injury lawyers at Shaw Cowart, LLP, will help you get the full compensation that you need and deserve.

The Importance of Full Compensation for Spinal Cord Injuries

Your best chance of physical recovery from spinal cord injury lies in getting the most advanced treatments and therapies. These treatments can be very expensive and often, are not covered by health insurance.

In addition to cutting edge medical care, high quality adaptive equipment can give you the best quality of life possible, while living with disabilities caused by your injuries. And, of course, you may need a special vehicle, such as one that can accommodate a wheelchair.

Those who are severely disabled will need 24-hour care. A loved one may have to quit their job to provide that care, meaning even more financial hardship. And, caregivers need all the help they can get. You may need professional nursing care in your home, as well as other help. For some, care in a nursing home is necessary.

The lifetime cost of a spinal cord injury is far more than victims and their families can imagine. In addition to the basic needs mentioned above, secondary conditions can create new medical expenses and change the entire situation, requiring more intense long-term care.

Getting the Help You Need

If you or someone you love has suffered spinal cord injury, it is crucial that you work with attorneys who have experience with both the type of accident that caused your injury and with spinal cord injury cases. You only get one chance to demand the full compensation that you will need to last the rest of your life. If you don’t ask for enough in the very beginning, and discover that you need more money to pay for your needs, later down the road, you will not be able to go back and ask for more.

Attorneys who do not have experience with spinal cord injuries may not understand the true long-term expenses or the complexity of calculating and proving these expenses in court. Our spinal cord injury attorneys have successfully represented spinal cord injury victims. We have the in-depth knowledge and experience to demand justice for you and your family.

To learn more about spinal cord injury compensation and your legal rights, please call Shaw Cowart, LLP, at 512-499-8900 or contact us online right away. We represent spinal cord injury victims in Austin and throughout Texas. Your initial consultation is free of charge and you are under no obligation to move forward with us. We only get paid if you get paid.

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In this video, Austin, Texas, defective products attorney John Cowart states that there is overwhelming evidence in favor of plaintiffs recovering on talcum powder – ovarian cancer claims.

To date, several juries in California and Missouri have awarded multi-million dollar verdicts in favor of plaintiffs who have been diagnosed with ovarian cancer after using Johnson & Johnson talcum powder such as Shower-to-Shower and Johnson’s Baby Powder.

These products contain the mineral talc which several studies have found to increase the risk of ovarian cancer in women who have used the products for feminine hygiene.

Approximately 2,000 such lawsuits are currently pending against Johnson & Johnson and/or talc supplier Imerys Talc.

Read this page for more information about talcum powder and ovarian cancer claims.

Please email or call us at 512-499-8900 for a free claim evaluation.

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Scaffolding and ladder accidents can be deadly, and those who survive can be permanently injured. People who are on the ladder or scaffolding and people nearby can be hurt. These accidents can be the result of safety violations on the jobsite as well as defective products. If you or someone you love has been injured in a ladder or scaffolding accident, you may be able to recover compensation for your medical expenses, lost income and more. The experienced Austin construction accident attorneys of Shaw Cowart, LLP, will thoroughly investigate your accident to determine all avenues of compensation.

Common Causes of Ladder and Scaffolding Accidents

Shortcuts on safety, as well as defective ladders and scaffolding, are typically behind ladder and scaffolding accidents. Common causes of ladder and scaffolding accidents on the job include:

• Ladder or scaffold placed too close to electric lines
• Ladder or scaffold placed on uneven, unstable, or slippery surfaces
• Improperly assembled scaffold
• Ladder which is not properly secured
• The wrong type, size, or strength ladder or scaffolding for the job
• Improper use or poor practices while using ladder or scaffolding
• Dangerous behavior such as jumping on scaffold
• Overextended ladder
• Unsafe practices by others around ladder or scaffolding
• Inexperienced or undertrained workers using ladder or scaffolding unsupervised
• Failure to inspect ladder or scaffolding before use
• Old, worn-out, damaged, or poorly maintained scaffolding
• Messy or slippery scaffold or ladder surfaces
• Defective ladder, scaffold or parts

Types of Ladder and Scaffolding Accidents

Although falling from a height is the biggest worry when considering ladder and scaffolding safety, there are other ways in which very serious injuries can occur. People under ladders and scaffolding can be injured by falling tools and materials. Scaffolds can collapse on workers below and other passersby. Electric shock and electrocution are not uncommon. Types of ladder and scaffolding accidents include:

• Slip and fall or trip and fall from ladder or scaffolding
• Total or partial collapse of scaffolding
• Ladder collapse
• Broken ladder rung
• Scaffolding or ladder tipping over
• Scaffolding or ladder sinking
• Falls when trying to enter ladder or scaffolding from a building or equipment
• Tools, materials, or debris falling from ladder or scaffolding and hitting people below
• Electrocution or electric shock
• Vehicle or heavy equipment or vehicle colliding with ladder or scaffolding
• Falls into toxic substances or filthy areas resulting in chemical burns or severe infection

If you or someone you love has been seriously injured in a ladder or scaffolding accident in Austin or anywhere in Texas, you may be able to recover substantial compensation. To learn more about your legal rights and how we can help you recover the compensation you need and deserve, please call Shaw Cowart, LLP, at 512-499-8900 or email us today.

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You can be injured, as a pedestrian, any time you are on foot, even in area where you do not expect motor vehicles to be present. Pedestrian injuries tend to be very serious, even in low speed collisions. And, sadly, hit and run is not uncommon. If you or someone you love has been injured in a pedestrian accident in Austin or anywhere in Texas you need the help of accident attorneys who are dedicated to fighting for justice for you. Shaw Cowart, LLP, is here to help.

Driver Negligence in Pedestrian Accidents

Driver negligence is involved in a large portion of pedestrian accidents. Examples of the types of driver negligence that can lead to pedestrian accidents include:

• Failure to observe crosswalks
• Failure to check blind spots before backing up
• Running a red light or stop sign
• Distracted driving
• Failure to use turn signals
• Intoxication
• Fatigue
• Speeding, or driving too fast for the weather or traffic conditions
• Improper passing of school buses
• Failure to use caution in school zones and other areas where children are known to be present
• Failure to use caution in construction zones
• Failure to use caution when passing vehicles stopped on the side of the road
• Failure to use appropriate caution in hazardous weather conditions

Other Causes of Pedestrian Accidents

Although driver negligence is often involved, there can be other causes and contributing factors. Any of the following can cause or contribute to a pedestrian accident:

• Poorly designed or improperly marked crosswalk
• Dangerous intersection design
• Dangerous bus stop design
• Malfunctioning traffic signal
• Lack of streetlights or faulty streetlights in areas where pedestrians are likely to be present
• Poor or faulty lighting in parking lots and parking garages
• Poorly designed parking lot or parking garage
• Improperly marked construction zones
• Lack of safe and properly marked pedestrian detour in construction zones
• Lack of school crossing guard
• Inadequate barricades
• Defective vehicle

Pedestrian Accident Locations

Pedestrian accidents can happen anywhere that pedestrians and motor vehicles are both present, even in places where vehicles are not supposed to be. Examples include:

• Crosswalks
• Intersections
• Bus stops
• Parking lots and parking structures
• Freeway on-ramps and exit ramps
• Overpasses and bridges
• Alleys
• Railroad crossings
• Shoulder of the road
• Bike paths
• Sidewalks
• School zones
• Playgrounds
• Loading and unloading zones
• Warehouses
• Driveways
• Yards

Common Pedestrian Injuries

Unfortunately, injuries to pedestrians in traffic accidents can cause catastrophic injuries such as brain injury, spinal cord injury, broken bones, amputation and even death. Not only do these types of injuries result in extreme pain, they also may require expensive medical treatments and long-term rehabilitation. A personal injury lawsuit may be the only way to ensure you have the financial resources to cover these costs.

If you or someone you love has been injured in a pedestrian accident, we can help. Please call Shaw Cowart, LLP, at 512-499-8900 or contact us online today. We represent pedestrian accident victims in Austin and throughout Texas. Your initial consultation is free of charge and you are under no obligation to move forward with us. If we represent you, we will do so on a contingent fee basis. We do not ask for money up-front. We only get paid if you get paid.

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Holidays are particularly stressful for business owners. As a business owner, you have to deal with the ongoing stress of managing your employees and customers, cooperating with your business partners as well as business challenges that arise every day. During the holiday season, an additional layer of stress is piled on top of all that.

Many businesses generate a majority of their revenue in the last two months of the year. While this should mean more profit and happier owners, it may also mean longer work days and work weeks as well as no time off with your family.

When you add year-end budgeting and planning to the mix, it is no wonder so many business partnerships fall apart during the holidays.

At Shaw Cowart LLP, we help business owners resolve disputes through negotiation and settlement when possible and through litigation when necessary. There are solutions that can reduce your stress – even at this time of year. Call Shaw Cowart LLP for a confidential consultation.

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Truck accidents have many causes and often a combination of factors. Appearances can be deceiving when the real underlying cause of the accident is hidden. Such is the case with poorly balanced loads. Even when a truck is not overloaded, unbalanced loads are a very real hazard and an unbalanced load is just one way improper loading can lead to an accident. Determining and proving that a truck accident was caused by a poorly balanced load requires thorough investigation by experienced Austin truck accident attorneys such as the lawyers at Shaw Cowart, LLC, based in Austin, TX.

How Poorly Balanced Loads Cause Accidents

When you load your car with groceries, you probably don’t think too much about weight distribution, and you’ve probably never noticed the difference, but a fully loaded semi can carry 400 tons. Depending on the type of truck, it may be carrying even more. An unbalanced load can affect handling, at the very least, and can even cause the tractor trailer to tip over. In other cases, it can put so much strain on truck parts that they fail.

An unbalanced load, of any type, can cause extra movement on bumpy roads, making the truck more difficult to control and putting extra strain on truck parts. This can cause the frame to bend, suspension failure, tire failure or failure of axle housings or wheel bearings.

Too much weight in the rear of the trailer can lift weight off of the front tires, making steering very difficult, much like driving on ice. Weight that is too far forward, can make the brakes too touchy, causing what’s referred to as “trailer swing” in which the trailer swings out to the side into other lanes.

Too much weight on one side of the truck causes other problems. On corners, too much weight on the side of the truck that is on the outside of the curve, can increase the effect of centrifugal force, causing the truck to roll over. On hills and slippery surfaces, where traction is needed, the tires on the heavy side will have more traction and the tires on the light side will lack traction, possibly to the point of spinning or causing the truck to “jackknife”. This type of poorly balanced load can also affect braking, causing the brakes on one side of the truck to lock up.

If you have been injured in a collision involving a large truck, you need the help of Austin accident attorneys like those here at Shaw Cowart, LLP. Please call us at 512-499-8900 or contact us online today to schedule your free consultation.

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“Special appearance” is Texas’ unique name for a motion to dismiss for lack of personal jurisdiction. Made on a “sworn motion”, a special appearance must be filed before any other pleading or motion filed by an out-of-state defendant. If specific rules and procedures are not properly followed, unwary defendants may discover they’ve unwittingly waived important jurisdictional rights to their regret.

Hiring experienced Texas special appearance counsel became more advantageous in 2017 after the United States Supreme Court issued two new decisions further limiting a plaintiff’s ability to bring suit in a forum to which their claims have no cognizable connection.  The first decision, BNSF Railway Co. v. Tyrrell, involved two South Dakota residents who brought suit under the Federal Employers Liability Act in Montana state court against BNSF Railway. BNSF Ry. Co. v. Tyrrell, 137 S. Ct. 1549, 1554 (2017). The Court stated specific jurisdiction could not be exercised because “[n]either plaintiff alleged injuries arising from or related to work performed in Montana; indeed, neither [plaintiff] appear[ed] ever to have worked for BNSF in Montana.” The Court then held that BNSF’s business in Montana “[did] not suffice to permit the assertion of general jurisdiction over claims like Nelson’s and Tyrell’s that are unrelated to any activity occurring in Montana.” Id. at 1559. This despite BNSF’s substantial property holdings and thousands of employees in the state. Three weeks following BNSF, the Court decided Bristol-Myers Squibb Co. v. Superior Court of California. The Court said the “primary focus of our personal jurisdiction inquiry is the defendant’s relationship with the forum State” and that to find specific jurisdiction, “there must be ‘an affiliation between the forum and the underlying controversy, principally, an activity or occurrence that takes place in the forum State and is therefore subject to the State’s regulation.’” Bristol-Myers Squibb Co. v. Superior Court, 2017 WL 2621322 at *2. On June 19, 2017, the Court held that California could not assert personal jurisdiction over defendant Bristol-Myers for injuries caused by their drug Plavix because there was no “affiliation between the forum and underlying controversy” with regard to claims asserted by non-resident plaintiffs.

Another attractive aspect of filing a jurisdictional challenge in Texas is the ruling is subject to interlocutory appeal to one of Texas’ 14 intermediate courts of appeals. By following proper procedures and deadlines, the filing of an appeal automatically stays the trial of the entire case until the appeal is resolved. This introduces yet another strategic advantage to a special appearance.

In sum, filing a boilerplate motion will not suffice to avoid personal jurisdiction in Texas.  Determining whether a Texas court can assert jurisdiction over an out-of-state defendant is a fact-intensive inquiry.  Shaw Cowart’s experienced special appearance lawyers understand they will have to work closely with your company’s lawyers on the motion for it to be successful.

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Burn injuries can be catastrophic with severe emotional and psychological impact on both the victims and love ones. Burn injury treatment is extremely painful. When the wounds have healed, scarring can be so severe as to cause loss of mobility and disfigurement can be so extensive that victims withdraw from society and even their closest friends and family.

If you have suffered severe burn injury in Austin or anywhere in Texas, you need the help of an attorney who understand both the type of accident that caused your injuries and the long-term consequences of burn injuries. The Texas burn injury lawyers at Shaw Cowart, LLP, are here for you.

Types of Burn Injury

When you think of burn injuries the first thing that typically comes to mind is a fire or flames, but there are many types of burn injuries, all of which can have serious consequences:

• Thermal burns, caused by flames, contact with hot surfaces, or scalding with steam of hot liquid including grease and molten metal
• Chemical burns
• Electrical burns
• Radiation burns, including severe sunburn, and burns caused by welding exposure, tanning booths, radiation therapy, and X-Rays
• Friction burns, such as road rash

Initial Dangers of Burn Injury

Severe burns can be fatal. Burn injury victims should be treated in a burn center of burn unit whenever possible. The initial dangers of burn injuries include:

• Respiratory distress
• Acute respiratory distress syndrome
• Dehydration
• Fluid imbalance
• Hypovolemic shock due to loss of fluids
• Hypothermia
• Infections, including tetanus
• Sepsis
• Rhabdomyolysis

Further Consequences of Burn Injury

Once the initial danger has passed, burn injury victims continue to face painful medical treatments, and a multitude of potential consequences including:

• Extremely painful medical treatments
• Skin grafts
• Multiple surgeries
• Amputations
• Physical therapy to regain mobility and range of motion
• Respiratory damage
• Organ damage
• Nerve damage
• Severe scarring
• Loss of use of the affected area
• Loss of mobility
• Permanent physical impairment, even with physical therapy
• Chronic pain
• Long-term emotional pain and suffering
• Post-traumatic stress disorder (PTSD)
• Disfigurement so severe as to cause the victim to withdraw from society and loved ones

Burn injuries can change your life forever. If your injuries were the result of someone else’s negligence or wrongdoing or were caused by a defective product, you may be able to recover substantial compensation that can pay for your existing expenses and losses and your long-term needs. To learn more about your legal rights and how we can help you recover the compensation you need and deserve, please call Shaw Cowart, LLP, at 512-499-8900 or contact us through our online contact form today.

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The 5^th Circuit Court of Appeals sided with Trinity Industries and overturned a $663 million federal False Claims Act jury verdict from 2014.  As argued by Ethan Shaw at the trial of the case, the appeals court concluded there was no fraud committed on the government by Trinity since the government continuously approved and reimbursed states for the guardrail systems after the alleged changes to the guardrail systems were known.  “When the government, at appropriate levels, repeatedly concludes that it has not been defrauded, it is not forgiving a found fraud — rather it is concluding that there was no fraud at all,” Circuit Judge Patrick Higginbotham wrote in a unanimous 42-page decision reversing the jury’s findings. Harman v. Trinity Industries, 15-41172, U.S. Court of Appeals for the Fifth Circuit (New Orleans).

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Traumatic brain injury (TBI) is often referred to as an invisible disability, because for many victims there are no obvious outward signs of the effects that they are suffering. Of course, TBI can be a catastrophic injury requiring 24-hour care. But for those who do not suffer physical impairments it can still mean never being able to work again, personality changes and even the destruction of relationships with loved ones. The consequences of TBI are wide-ranging and unpredictable. If you have suffered TBI, you need the help of attorneys who understand brain injuries and their long-term effects, the life-long costs you’ re facing as well as the personal toll that it takes on you and your family.

In order to win your TBI case, your attorney must also have extensive knowledge and experience with the type of accident that caused your injury. In Austin and throughout Texas, Shaw Cowart, LLP, is here to fight for you.

Traumatic Brain Injury Consequences

TBI can affect every area of your life. In a 2011 survey, TBI victims and their families reported that TBI had negatively affected their lives in the following areas:

• Marriage
• Education
• Employment
• Income
• Living situation
• Parenting
• Psychological status

The effects of TBI are far too numerous to list. Every TBI survivor lives with a unique combination of impairments and issues. Examples of common consequences of TBI include:

• Epilepsy
• Physical impairments
• Difficulty with controlled movements
• Loss of libido and/or sexual dysfunction
• Weakness
• Balance problems
• Chronic pain
• Headaches
• Sensitivity to light
• Ringing ears
• Sensitivity to noise
• Dizzy spells
• Fatigue
• Exhaustion
• Loss of vision, hearing, taste, or smell
• Sleep disorders
• Cognitive impairment
• Memory problems
• Difficulty concentrating
• Aphasia
• Confusion
• Foggy thinking
• Amnesia
• Personality changes
• Altered sense of self
• Extreme mood swings
• Unexplained anger
• Frustration
• Irritability
• Restlessness
• Depression
• Anxiety
• Loss of self-confidence
• Low self-esteem
• Impulse control problems
• Substance abuse
• Criminal behavior

Treatments for TBI are improving every day. New and innovative rehabilitation and therapy techniques can help TBI survivors regain more of their normal physical, cognitive and emotional functioning. But, treatments can be very costly, and many are not covered by health insurance. If someone else caused your injuries, we can help you recover the compensation you need to gain access to the very best care.

To learn more about TBI claims and how we can help you recover the compensation you need and deserve, please call Shaw Cowart, LLP, at 512-499-8900 or email us today.

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