Millions of medical devices, consumer products, vehicles, medications, and more are recalled yearly. Some of these are defective by design, poorly produced, or contaminated. Others are missing proper warning labels, contain faulty or incomplete instructions, or have become dangerous through other means. Regardless of the underlying cause, companies tend to issue recalls to protect people from injury or harm.

Many companies issue recalls proactively. Others issue recalls after an injury has already occurred. No matter when or why a recall is issued, it does not protect a company from liability for injuries that have already happened. It may not even protect them from those that occur after the recall has been issued.

Product liability law holds manufacturers and others involved in producing and distributing faulty or defective products accountable for injuries caused by the product. Many of these injuries are severe, and some are even fatal. If you have been injured or a defective product has killed a loved one, you may be entitled to seek compensation for all related damages. The product liability lawyers at Shaw Cowart can review your claim for free to help you determine if you have cause to file suit.

Dangerous Toys

As we approach the Holiday Season, ensuring the gifts you give to children are safe is crucial. December is Safe Toys and Gifts Month, an effort from Prevent Blindness America that encourages gift-givers to ensure the toys they provide are safe from common dangers and design defects. However, even the most cautious gift-giver cannot always know when a toy will cause harm.

Children injured by defective products are entitled to seek compensation for their injuries, just like adults can seek compensation for their own. If a defective toy injures your child, we can review your case to help you navigate the complexities of childhood injury and help your family understand the best way to proceed with your case.

To schedule a free case review at the Austin or San Antonio office of Shaw Cowart, please call 512-499-8900 today. We serve victims of defective products living throughout the state of Texas.

Posted in Defective Devices, Defective Drugs, Defective Products | No Comments »

Traumatic Brain Injury (TBI) can profoundly impact every aspect of a victim’s life. Long-term consequences of TBI include mood swings, memory and concentration problems, depression and anxiety, sensitivity to light and sound, chronic headaches, and visual problems. Balancing difficulties, reduced language skills, seizures, and paralysis may also accompany TBI. So too might uncontrollable urges, including violence.

Tragically, victims of TBI may never fully recover. Those who suffer minor injuries, such as concussions, may return to “normal” brain function within a few months. But those who have suffered a severe TBI may experience a lifetime of difficulty, regardless of medical intervention. Therefore, when you or a loved one is the victim of this common injury, it is a good idea to consult with one of our attorneys to learn if you may be entitled to seek damages.

Top Causes of Brain Injury

The leading causes of TBI are:

• Slip and Fall Accidents
• Motor Vehicle Accidents
• Head Struck by or Against
• Assault

Head struck by or against may occur due to firearms, participation in sports, construction accidents, and more. Workers on construction sites and in industrial workplaces, such as oil refineries, see the most significant number of these injuries in the workplace. Children are the most common victims of sports-related injuries.

No matter the cause, if you or a loved one suffer TBI in an accident, you may face excessive medical bills, an inability to work or care for yourself, and untold amounts of pain and suffering. Sadly, insurance companies often fail to provide the compensation that victims of this serious injury genuinely deserve. Talking to an attorney about your rights and options can help you understand what you claim may really be worth and give you a clear path to seeking the total damages you are due.

We are Here to Help

The attorneys at Shaw Cowart, LLP have decades of experience helping families throughout Texas seek justice following severe personal injury. If you or someone you love needs legal representation, please call us at 512-499-8900 to schedule a free case review today. We maintain offices in Austin and San Antonio, and serve victims of serious injury in all surrounding communities.

Posted in Blog, Personal Injury, Traumatic Brain Injury | No Comments »

Every year, millions of Americans travel to visit family and friends for Thanksgiving. The Thanksgiving Travel period, beginning the Wednesday before Thanksgiving and ending on the Sunday after, sees more people traveling by car than by any other means. In fact, the Wednesday before Thanksgiving is the busiest day of the year for motor vehicle travel. Unfortunately, it is also one of the biggest days for motor vehicle accidents.

If you plan on driving to your Thanksgiving celebration this year, it is crucial that you plan accordingly. One of the most critical aspects of this is ensuring you have your route mapped out before leaving your house. Looking at maps or fiddling with directions on your phone can be extremely distracting and significantly increases your risk of causing an accident.

On that note, cellphone use should be avoided entirely while driving. This includes texting or typing, talking, or using your phone to listen to music. If you have a passenger, you can assign them the task of seeking songs and looking for directions. If not, set your phone and leave it be — even a moment of looking at a screen while driving can lead to catastrophic injury.

To help keep yourself and others safe, be sure to:

• Be Courteous. Allow extra time to get to your destination, use turn signals, and avoid tailgating and aggressive maneuvering
• Be Cautious. Follow traffic signs and signals, avoid speeding, and leave a gap between your vehicle and the one in front of you
• Be Sober. Avoid alcohol, marijuana, and prescription or OTC medications that can impact cognitive function and reaction time

A recent study from the AAA Foundation found that around 50 percent of drivers might be intoxicated by one or more legal pharmaceuticals, including decongestants, cough medicines, and prescription narcotics, at any time. Be sure you are not one of them to help prevent causing an accident and to improve your reaction time in the case that someone around you is not behaving as cautiously.

The Thanksgiving travel period sees one of the highest accident rates of the year. Many of these are serious. Hundreds are fatal. If you or someone you love is the victim of an accident, you may be entitled to seek compensation for damages, including medical bills, lost wages, and personal pain and suffering.

Driving carefully can help you avoid an accident, but it is not a guarantee against harm. If you need help understanding your legal options after an accident, please call Shaw Cowart, LLP at 512-499-8900 to schedule a free case review at our Austin or San Antonio office.

Posted in Blog, Car Accidents, Catastrophic Personal Injury | No Comments »

Drowsy driving is impaired driving. November 7th – 13th is set aside to remind drivers of just that. Drowsy drivers cause an estimated 100,000 police-reported motor vehicle accidents every year. Annually, approximately 50,000 of these accidents result in injuries. And around 800 more result in fatal injury.

Drowsy driving is like driving drunk. Studies have found that people experiencing even minor sleep deprivation are two times more likely to cause an accident. This is because, like drivers who are drunk or high, drowsy drivers experience delayed reaction time, impaired judgment, slower reflexes, and reduced mental processing.

When someone who is sleep-deprived harms you or someone you love, you have every right to hold them accountable and to seek compensation for your damages.

When are You Too Drowsy to Drive?

The only way to prevent causing an accident while you’re sleepy is not driving while you’re tired. There are no exceptions. No one is better than anyone else at driving while drowsy. All drowsy drivers are a threat.

How much sleep you need is, however, slightly more complex. Studies have found that, depending on factors such as age, activity level, lifestyle, and diet, you may need anywhere from six to 11 hours of sleep every night. As a basic rule, if you frequently feel tired, you aren’t getting enough sleep.

Like intoxication (if you’re feeling buzzed, now is not the time to get behind the wheel,) self-assessment is essential. If you feel tired, don’t drive.

You know if you feel sleepy. In that case, deciding not to drive is pretty straightforward. If you’re not sure, however, consider these things:

• Are you driving erratically?
• Do you remember the last few miles?
• Are your eyes shutting on their own?
• Do your eyes burn?

If you can answer “yes” to any of these, you may want to avoid driving. This can help to keep you and everyone else on the road safe.

Driving while alert can help prevent you from causing an accident. However, it may not be enough to allow you to react in time to an accident caused by someone else. Talking to one of our lawyers is an excellent way to learn about your options when a drowsy driver injures you.

Have you been injured? Call Shaw Cowart at 512-499-8900 to schedule a free consultation at our San Antonio or Austin office today.

Posted in Blog, Car Accidents, Distracted Driving | No Comments »

No one deserves to be struck by a car while walking down the street. Unfortunately, these things happen with alarming frequency during certain parts of the year, notably times when more children are out and about, such as before and after school, and on special occasions like Halloween.

Why the Spike?

As tragic as this is, the larger number of pedestrian accidents on Halloween makes sense. Trick-or-treaters take to the streets around sundown and stay out late at night. They also tend to wear dark costumes that blend into the background. Things can get dangerous with this combination of low visibility and difficult-to-see pedestrians.

On top of these dangerous conditions, you can add intoxicated party-goers to the mix. Irresponsible people will drink at Halloween parties before driving home, increasing the risk of accidents taking place. Alternatively, people may drink and continue walking the streets without paying attention to their surroundings.

Tips to Protect Children

You can help protect your children on Halloween by accompanying them as they go door to door. It is also a good idea to instruct children to:

• Carry a flashlight
• Wear reflective clothing
• Stick to the sidewalks
• Cross the street at crosswalks and never against the light
• Travel in groups
• Be aware of their surroundings

Responding to These Accidents

Now more than before, emergency responders are forced to handle multiple emergency calls in a single night. When accidents spike on certain nights, such as Halloween, they may take more time to respond to each crisis.

So many things can happen when you are waiting for an ambulance, and the patient’s condition can get worse. Depending on how long it takes for an ambulance to reach you, the patient can go from stable to critical condition.

Getting Compensated

Pedestrian accidents are usually tricky when it comes to receiving proper compensation. This extra insult can be frustrating for the victims, especially since children are more likely to get into an accident on Halloween.

If you or your child are injured in a pedestrian accident this Halloween, please call Shaw Cowart at 512-499-8900 to schedule a free case review at our Austin or San Antonio office right away. Our experienced personal injury attorneys are here to listen to your story, explain your options, and help you choose the best path forward.

Posted in Blog, Catastrophic Personal Injury, Pedestrian Accidents | No Comments »

Working at a construction site ranks among the most dangerous occupations in the world. The Centers for Disease Control and Prevention (CDC) reports that each day, around 2,000 workers seek medical attention due to an eye injury. That underlines the significance of wearing protective eyewear on the job site to shield workers from existing eye hazards.

A workplace injury not only causes physical and emotional trauma but can result in extended time away from work and lost wages, leading to financial hardships and psychological effects as well.

In light of eye injury prevention month, we will discuss some of the most common ways eye injuries occur on construction sites, followed by how eye protection can help prevent them.

Common Causes of Eye Injuries

The construction industry has the highest rate of eye injuries, forcing 10,600 workers to miss work each year. Construction zones have dozens of hazards that cause damage to the eye. Some of the most common threats include:

• Airborne dust particles and debris due to grinding, sanding, sawing, chipping, and heavy machinery movement
• Scraping and scratching by flying debris, including tiny pieces of metal, splinters, nails, and cut wire ends
• Exposure to toxic chemicals and fumes, gasses, and welding arc, might also cause partial, sometimes permanent, blindness

Workplace Injury Prevention

While working in the construction industry has many inherent risks, proper eye protection on construction sites can protect workers from hazards that lead to these injuries. A severe eye injury can lead to permanent damage, inhibiting an individual’s ability to earn a living and disrupting their life. That renders it crucial that employers strictly enforce the use of effective eyewear at the workplace.

Personal protective eyewear, like tight-fitting safety glasses and goggles onsite, offers effective protection against dust and flying particles. Wearing face shields and safety eyewear can provide the highest impact protection from welding and grinding hazards.

If you work in the construction industry, your employer is responsible for providing safety equipment and ensuring it is properly used to help prevent serious injury. If they fail to do so, you may be entitled to file a personal injury lawsuit and seek damages beyond what workers’ comp will provide.

Schedule Your Workplace Injury Consultation Today

If you or someone you know has suffered a workplace injury, do not hesitate to contact us. Our team of experienced workplace injury attorneys can help you determine the best course of action to seek the compensation you deserve.

Please call Shaw Cowart at 512-499-8900 to schedule a complimentary case review at our Austin or San Antonio office today.

Posted in Blog, Catastrophic Personal Injury, Construction Accidents | No Comments »

Fire prevention week runs from October 9^th through the 15^th this year and learning how to avoid accidentally creating a fire within your home is crucial. Fires are dangerous and can cause bodily harm and massive damage to your home or workplace.

Avoid starting a fire by following these five tips to prevent fires:

Make Sure All Fire Alarms are Properly Working & Maintained

One very commonly overlooked fire prevention technique is checking your fire alarms regularly. Fire alarms should always be in working order and inspected at least once a month to ensure the batteries are still working. Consider installing hardwired alarms with battery backup for an added layer of protection.

Many homes only have a few fire alarms to maintain, but this is often overlooked in the workplace. If a fire starts within your workplace, you have the right to see fire alarm maintenance logs. If anything was missed or ignored, contact our personal injury attorney for help.

Never Leave a Hot Stove Unattended

A hot stove could easily lead to a fire if you aren’t careful. The only way to ensure your stove doesn’t cause a fire while food is cooking is to be present and alert. Never leave the hot stove unattended; always double-check it is off before leaving the home.

Never Smoke Indoors

Smoking indoors is a significant fire hazard. Ashes from cigarettes can fall onto the ground and easily spark a fire wherever they land. Always smoke outdoors on concrete, asphalt, dirt, or other non-flammable area.

Keep Your Grill at Least 10 Feet from Your Home

Texans love a good BBQ, but a house fire may ruin the fun. Grills get very hot, and when kept too close to your house, they can easily catch onto something and spark up a fire. Hot coals from the fire inside the grill may also pop out and create a full-blown house fire if they go undetected.

Inspect Heating Sources Regularly

Heating sources, such as furnaces and hot water heaters, within your home are another fire hazard. Double-check that they are working correctly on a regular basis. Reduce the chances of starting a fire and creating a burn injury by inspecting your heating sources regularly and properly maintaining the equipment.

Contact Shaw Cowart

The most efficient way to avoid a burn injury from starting a fire within your home or workplace is to know and practice fire prevention strategies year-round, not just during fire prevention week. However, even the most fastidious and cautious among us cannot always avoid being injured when a fire is started beyond our control. If you have suffered a burn injury and you suspect someone else’s negligence played a role, please call us at 512-499-8900 to schedule your free initial consultation today. We maintain offices in Austin and San Antonio. We serve the entire state of Texas.

Posted in Blog, Catastrophic Personal Injury | No Comments »

When you suffer an on-the-job injury, you may have the option of filing a workers’ compensation claim. However, unlike nearly every other state in the nation, Texas does not require businesses to carry this no-fault insurance, meaning it may not be an option at your workplace.

Supposing workers’ comp is an option, approved claims will provide compensation for medical expenses related to the injury along with a portion of your weekly wages. These benefits will continue until the doctor your employer has selected for you decides you should return to work. At that point, you will no longer be entitled to collect workers’ compensation.

Personal Injury Lawsuits

When a workplace injury results from someone else’s behavior – be that directly or through negligence – you may be entitled to seek compensation through a personal injury lawsuit. Different than workers’ comp, these seek compensation for damages such as lost wages, medical expenses, and personal pain and suffering, and can result in a much more substantial settlement.

Some industries, such as the building trades, often skirt workers’ comp regulations in other states by hiring “contract workers” instead of employees. However, in Texas, this distinction is irrelevant unless your employer carries comp insurance, which they are not required to do.

If you work for an employer that carries workers’ comp but are labeled as a contract worker, filing a personal injury lawsuit may be the only way to recover your damages. However, even if you have the option of filing a workers’ compensation claim, you may be better off taking legal action through a lawsuit, as these tend to result in more favorable outcomes for seriously injured workers.

We Are Here to Help

At Shaw Cowart, LLP, our award-winning personal injury attorneys have decades of experience helping injured workers get total compensation. If you suspect your injury resulted from someone else’s behavior, we are here to listen to your story, discuss your options, and help you decide on the best path forward.

We have offices in San Antonio and Austin. We serve victims of serious injury throughout the state of Texas. Call us at 512-499-8900 to schedule a free case review and learn more about your rights.

Posted in Blog, Catastrophic Personal Injury, Construction Accidents, Personal Injury, Workplace Injuries | No Comments »

Motorcycle accidents are often more severe than those involving passenger vehicles. Due to the size and weight differences between motorcycles and larger vehicles, along with the limited protections offered to motorcyclists, these accidents commonly result in issues such as:

• Traumatic Brain Injury
• Spinal Cord Injury
• Disfigurement
• Loss of Limb/Amputation

These and similarly tragic motorcycle accident injuries will come with excessive medical expenses. They may require years of physical and occupational therapy. They may necessitate home modifications, make working impossible, and reduce your quality of life. Some may even come with potentially fatal complications.

When you sustain a catastrophic injury, having a lawyer on your side is essential for proper compensation.

Talk to an Attorney Before Accepting a Settlement

Insurance companies may quickly offer a settlement when you suffer a life-altering injury in a motorcycle accident. However, it is essential that you do not accept an offer from an insurer until you have had a chance to speak with an attorney. In most cases, what insurance will offer upfront is inadequate, but once accepted, it will be all you are entitled to for your injury.

Insurance settlements may cover medical expenses, adaptive technologies, home modifications, and similarly provable expenses. However, they seldom cover pain and suffering or offer compensation for forced changes to lifestyle, loss of enjoyment, and issues that do not come with a fixed price.

Talking to a motorcycle accident lawyer before accepting an insurance offer can help you understand what your claim may actually be worth. This allows you to make the best decision for your current and future needs and help you determine the best path forward.

A personal injury lawyer will seek total compensation, considering how your accident has and will continue to impact your life.

What Am I Owed?

Every personal injury claim is unique. The best way to learn what yours may be worth is through a consultation with an experienced and qualified attorney. Please call Shaw Cowart, LLP at 512-499-8900 to schedule a complimentary case review and learn more. We have offices in Austin and San Antonio. We serve victims of motorcycle accidents living throughout Texas.

Posted in Motorcycle Accident | No Comments »

August is National Courtesy Month. This is an excellent time to consider your driving habits and make adjustments to help keep everyone on the road safer. However, even safe drivers can fall victim to the negligent behavior of others. If you are injured in a motor vehicle accident, contact our Austin or San Antonio office for a free case review to learn more about your options.

Traffic in and around Austin can be incredibly frustrating. The average commuter in Austin spends around 83 hours every year just sitting in traffic. Unfortunately, in our spread-out city, driving is necessary for many residents. This has led to traffic in Austin rivaling New York and Los Angeles.

Heavy traffic provides an opportunity to be courteous to your fellow drivers. This may include:

• Allowing extra space between yourself and the car in front of you
• Avoiding aggressive actions like tailgating or horn honking
• Using turn signals and double-checking before turning or changing lanes
• Following the flow of traffic and staying to the right unless passing
• Muting and placing your cellphone out of reach

Using a cellphone while stuck in traffic may seem like a suitable way to pass the time, but research has found that even casual cellphone use, while stopped, can increase risks of distraction while moving. Your best bet is always to put your phone on mute and place it out of reach to help avoid this particular distraction.

Paying attention to the road is vital. Even a moment of inattention can result in serious or fatal injury to yourself and others. On the other hand, by focusing on driving and working to remain courteous, you may be able to avoid an accident or reduce its severity through proper reaction.

Victims Deserve Justice

As the victim of a motor vehicle accident, you may be entitled to significant compensation. Meeting with one of our attorneys for a free case review is a great way to learn about your rights and options.

If you require legal assistance, please call Shaw Cowart at 512-499-8900 and schedule your complimentary case review today. We have offices in Austin and San Antonio. We serve all nearby areas of Texas.

Posted in Blog, Car Accidents, Catastrophic Personal Injury | No Comments »