Phillips has issued a recall for over 5 million sleep apnea devices due to an issue with foam used in the respirator. So far, the FDA has received more than 44,000 complaints about this problem. At least 44 people have died due to complications.

According to the recall, the faulty foam in Phillips sleep apnea respirators is linked to a disparate range of injuries and illnesses, including pneumonia, asthma, and nodules. Coughing, chest pain, headache, breathing difficulties, respiratory problems, and chronic headaches are also common after exposure to these machines. In addition, some recent reports of cancer may also be linked to the Phillips sleep apnea device.

Deadly Consequences

Sleep apnea is an issue impacting millions of people worldwide. There are different kinds of sleep apnea, but the hallmark of them all are periods while sleeping where breathing stops. In addition, snoring, choking noises, and general restlessness are common with sleep apnea.

Sleep apnea is linked to excessive daytime fatigue, mood disorders, irritability, and frequent sore throat. It also increases the risks for hypertension, heart disease, type 2 diabetes, obesity, and metabolic syndrome, all of which can be fatal.

The most common treatment for sleep apnea is CPAP. These devices are designed to improve sleep quality and quality of life and to reduce the risks of serious complications. However, when these machines become dangerous or deadly, people struggling with sleep apnea are placed in increased and unnecessary danger.

What are Your Options?

Victims of defective medical devices are entitled to seek compensation. If you or someone you love has been impacted by a defective sleep apnea device, talking to an attorney will help you understand your rights and options.

Depending on the specifics of your claim, you may be able to seek compensation for medical expenses, personal pain and suffering, and more. We can review your case free of charge to help you determine the best course forward.

Please call Shaw Cowart, LLP at 512-499-8900 to schedule your complimentary case review today. We have offices in Austin and San Antonio. We serve victims of serious injury living throughout Texas.

Posted in Sleep Apnea | No Comments »

Truck accidents are often severe or deadly for the occupants of smaller vehicles. They may also have more than one liable party, further complicating these already complex cases.

The steps you take after your truck accident will play a role in your ability to seek compensation. It is essential that you know which steps are needed to protect your rights.

What to do After a Truck Accident

If you can document the scene, it can be helpful to:

• Gather witness contact info
• Take pictures of the scene from multiple angles
• Gather contact, license, and insurance info from other involved drivers
• Gather contact info for the company the trucker was driving for

When emergency personnel arrives, be sure to cooperate fully. However, never suggest you are to blame for an accident.

Many truck accidents result in debilitating injuries, making action on the scene impossible. If your injury prevents you from gathering evidence on the scene, there are still steps that can be taken to protect your rights. These include:

• Reviewing medical reports
• Evaluating police and accident reports
• Scene reconstruction
• Witness and victim statements

Seeing your own physician as soon as possible after a truck accident is important as well, even if you do not have any visible injuries. Some injuries, including certain traumatic brain injuries, can take time to produce symptoms. These life-altering injuries may respond more favorably to treatment when caught early on.

Seeking Legal Help

Having a strong, competent, and proven legal team on your side is vital after a semi-truck accident. The Austin trial lawyers at Shaw Cowart, LLP have decades of experience and a long history of successfully holding negligent truckers and the companies they work for to account.

If you have been injured or a loved one has been killed in a semi-truck accident, we are here to review your case and help you determine the best course forward.

Call Shaw Cowart at 512-499-8900 to schedule your complimentary case review today. We have offices in Austin and San Antonio. We serve families living throughout the great state of Texas.

Posted in Blog, Trucking Accident | No Comments »

Three types of damages may be awarded in a personal injury claim:

• Economic Damages. Also known as special damages or consequential damages, these include medical expenses, lost wages, necessary adaptive technologies, and all other expenses and losses that can be accurately accounted
• Non-Economic Damages. Also known as general damages, these include things without an established economic value, such as pain and suffering
• Punitive Damages. These are designed to punish particularly egregious behavior

Punitive damages are capped in the state of Texas. When awarded, they cannot exceed $750,000. Punitive damages are rarely awarded in personal injury cases.

Medical Malpractice

In addition to punitive damages, Texas also caps medical malpractice damages. In medical malpractice cases, economic damages can be sought penny-for-penny, but non-economic damages, such as physical pain and suffering, cannot exceed $750,000.

Texas caps non-economic damages in medical malpractice cases at $250,000 per defendant. However, general damages cannot exceed $750,000, even when multiple parties share responsibility.

Texas Tort Claims Act

When the government is responsible for your accident, there are two different caps:

• $250,000 per defendant up to $500,000 for bodily injury and miscellaneous costs
• $100,000 for property damage

These caps apply to both special and general damages, further limiting the compensation victims of injury can collect from government entities.

We are Here to Help

Trying to tackle a personal injury claim alone can be complex and limiting. Some damages can be negotiated during mediation, but others, such as punitive damages, can only be awarded during a trial. The lawyers at Shaw Cowart prepare all cases for trial, even when a settlement is likely, to ensure we seek every penny our clients are due.

If you have been injured or a loved one has been killed, we encourage you to get in touch for a free case review where we can discuss your rights and options, and help you decide how best to move forward with your claim.

Please call 512-499-8900 to schedule a consultation at our Austin or San Antonio office. We serve victims of serious injury throughout Texas.

Posted in Blog, Catastrophic Personal Injury | No Comments »

Austin is a bicycle-friendly city. From creating dedicated bike lanes to car-free pedestrian paths, the city has made great strides to accommodate the needs of cyclists – and it’s paid off. According to the Austin American Statesman, bicycle-involved accidents have steadily decreased since 2014, dropping from 260 that year to 180 in 2021. But, sadly, a smaller number of accidents doesn’t mean the injuries in those that occur are less severe.

New research from the IIHS suggests that larger vehicles, such as pickup trucks, SUVs, and vans, are more likely to strike and injure pedestrians. Due to the size and weight of these vehicles, accidents involving pedestrians are often fatal. Risks increase at intersections, when vehicles turn left, and in lower light conditions.

Cyclists are slightly more visible than pedestrians. However, they are still vulnerable to surrounding vehicles. Bicycle accidents involving larger vehicles often result in serious, potentially fatal injury. If you have been injured or a loved one has been killed, our Austin bicycle accident attorneys are here to listen to your story and help you determine the best course forward.

Protect Yourself

You can help protect yourself while riding by:

• Wearing a helmet
• Using reflective tape or clothing
• Having lights on your bicycle
• Riding with traffic
• Using designated bicycle lanes

Whenever possible, ride on a path where motor vehicle traffic is not allowed. This eliminates the risk of getting hit by a car entirely.

Bicycle helmets have been shown to reduce head and brain injuries by 63 to 88 percent in all age groups. Every year, around 230,000 people are hospitalized with traumatic brain injury. Of these, approximately 50,000 die from complications. Wearing a helmet significantly reduces your risk for this severe injury.

Children under the age of 17 are required by law to wear a helmet while riding a bicycle. Everyone else, regardless of age, should do so as well.

What to do When You’re Injured

You may be entitled to compensation for your injuries if you are injured while riding your bicycle. Call Shaw Cowart, LLP at 512-499-8900 to schedule a complimentary case review today. We maintain offices in Austin and San Antonio. We serve victims of serious injury living throughout Texas.

Posted in Blog | No Comments »

The time it takes to settle a personal injury claim depends on several factors specific to the case. Many personal injury claims are settled during mediation or negotiations and resolved within a year. However, those that go to trial can take much longer, though a trial may result in a more substantial verdict.

During your free case review, we can assess your claim, discuss the personal injury process, and help you understand how long your claim may take.

Some Recent Cases

The attorneys at Shaw Cowart, LLP have a long and proud history of securing significant settlements and verdicts for our clients. While we build every case for the possibility of a trial, we do everything possible to resolve these claims in the shortest amount of time.

Recent highlights from our firm include:

• A settlement above $400,000 for a young woman who was the victim of an 18-wheeler crash. This case was settled within seven months.
• A settlement of $360,000 for four individuals injured in a car wreck. This case was settled in one month, without the need to file a lawsuit.
• A settlement of $100,000 for a woman injured by a drunk driver. This case was resolved in under one month.
• A settlement of more than $1 million for a man involved in an oilfield explosion. This case was resolved at mediation, before trial.

If you have been injured or a loved one has been killed in an accident, our lawyers are here to listen to your story, provide detailed information about your options, and assist you in choosing the best path forward.

Contact Us for Assistance

Every case is unique. The amount of compensation and the length of time it takes to settle a personal injury claim can vary widely from case to case. When you work with our firm, we will keep you informed of all progress to ensure you are always involved in the direction your case takes.

If you suspect you have cause to file suit, call us at 512-499-8900 to schedule a complimentary case review today. We maintain offices in Austin and San Antonio. We serve victims of serious injury living throughout the state of Texas.

Posted in Personal Injury | No Comments »

According to the National Safety Council, more than 1.5 million motor vehicle accidents are caused by cellphone use each year. One out of every four car accidents in the United States is related to texting while driving alone, and nearly 400,000 people are injured in these accidents every year.

In the state of Texas, it is illegal to text while driving. Some cities, including San Antonio and Austin, have made it illegal to use a handheld device for any purpose at all while driving. Despite these laws, texting while driving is so common that it often goes unnoticed.

Unnoticed does not mean unimportant. Studies have found that sending a text while driving is similar to driving blindfolded down the length of a football field at 50 MPH. Even when these are sent through hands-free devices, distraction is unavoidable when using a cellphone while driving.

National Cellphone Courtesy Month

July is National Cellphone Courtesy Month, an effort started by a manners expert in Florida around 20 years ago to encourage people to rethink their cellphone use and behaviors. This includes things like talking on the phone in restaurants, ignoring family and friends to text, or responding immediately to alerts while engaged in activities with others. Being a courteous cellphone user also means not using your phone while you drive.

Putting your phone out of reach while you drive is one way to avoid using it. Another is to turn it off completely. If you use your phone for music or podcasts while you drive, make your selections before you start your trip to avoid having to reach for your device – and do the same thing with GPS and maps. This helps to ensure you won’t need to touch your phone until your car has been stopped.

Have You Been Injured?

If you have been injured in a car accident, cellphone use may have played a role. Please call Shaw Cowart at 512-499-8900 to schedule a free case review right away. We have offices in Austin and San Antonio. We serve victims of serious injury from all nearby areas of Texas.

Posted in Car Accidents, Distracted Driving | No Comments »

AAA predicts nearly 48 million people will travel at least 50 miles from home to celebrate with friends and family this Fourth of July holiday period (July 1^st – 5^th). According to the auto club, close to six million people will travel by bus, train, or air, with the remaining traveling primarily by car. If you will be among them, your actions will play a direct role in your safety.

There is an increase in drunk driving accidents during the summer months. This peaks with fatal accidents on July Fourth, one of the deadliest days of the year for drivers. If you plan on drinking alcohol, don’t drive. If you plan on driving, don’t drink alcohol. This simple step can help you keep the edge necessary to respond appropriately to the driving behaviors of your fellow motorists while preventing you from becoming a threat yourself.

With increased traffic on the roads, it will be important to practice patience and to drive courteously. Give the vehicle in front of you the space of about two car lengths to give yourself time to respond to sudden stops; use turn signals and avoid erratic or unexpected maneuvering; follow the flow of traffic and obey signs and signals; remember that all anyone is trying to do is get to their destination.

Staying sober and remaining calm can help prevent you from causing an accident and allow you to respond in time to avoid an accident being caused by someone else, but only if you’re paying attention. Distraction is a leading cause of accidents, resulting in thousands of deaths and countless injuries every year. There is no such thing as a “safe” distracted driver. If you are not paying attention to the road, you are placing everyone at risk for serious or fatal injury.

And remember, being a safe, attentive, and thoughtful driver can help you avoid being involved in a motor vehicle accident, but it cannot guarantee your safety. If you are injured by someone else, we are here to listen to your case free of charge to help you determine the best way to pursue compensation.

Please call 512-499-8900 to schedule your complimentary case review today. Shaw Cowart maintains offices in San Antonio and Austin. We serve victims of serious injury living throughout Texas.

Posted in Blog, Car Accidents | No Comments »

Generally speaking, the statute of limitations for a personal injury in Texas is two years from the date of the accident. This is the same for motor vehicle accidents as it is for boating accidents. It is best to take action long before the statute of limitations expires.

Taking action immediately following a boating accident enables a more thorough investigation of your accident. This can help to ensure all causes are identified and all liable parties are held to account. Waiting to file a claim may complicate this process.

If you have been injured or a loved one has been killed in a boating accident, please get in touch today to schedule a free case review and learn about your rights.

Reporting Your Accident

All boating accidents that result in injury beyond first aid and/or property damage over $2,000 must be reported to the Texas Parks & Wildlife Department within 30 days. If an accident has resulted in a fatality, it must be reported within 48 hours. This report must include “a full description of the collision, accident, or casualty in accordance with regulations established by the department.”

Reporting your accident to the Department of Park & Wildlife is not the same thing as filing a personal injury claim, but can have an impact on those proceedings. When filling out the report, it is important that you do not suggest you are to blame for the accident. You may still be eligible for some compensation, even if you played a role in your accident. And, until an investigation has been conducted, your exact role cannot be known.

Contact Us to Learn More

Have you been injured in a boating accident? Shaw Cowart is here to help. Please call our Austin office at 512-499-8900 to schedule a free consultation today. Our experienced personal injury lawyers have a proven record of success. We are committed to helping victims of serious injury get the help and the compensation they need.

Posted in Blog, Boating Accident, Personal Injury | No Comments »

Drunk driving accidents increase during the summer. Between May and September, serious and fatal car accidents involving drunk drivers become much more common. Many of these occur during the major summer holidays of Memorial Day, July Fourth, and Labor Day, but an accident caused by a drunk driver can happen at any time.

If you or a loved one is injured by a drunk driver, talking to one of our attorneys is a good way to learn about your rights and your options.

Help Keep Others Safe

You can help keep yourself and others safe by refusing to drink and drive. If you plan on drinking, use alternative forms of transportation. If you aren’t planning on drinking and end up having one or two anyway, call a rideshare, ask a sober friend for a ride, or walk.

There are always alternatives to driving drunk. And remember, even one drink can impair your ability to operate a vehicle. You don’t have to be legally “drunk” to be dangerous.

Summers in Austin are prime for drinks outside. If you plan on imbibing, even just one, choose not to drive. This one simple step can help save lives.

When You Are Injured

Driving sober allows you to pay more attention to the road and your surroundings. This can help you avoid being involved in an accident. It cannot, however, guarantee that a drunk driver won’t hit your vehicle. When this happens, you deserve an attorney on your side who is ready to help you get the compensation you deserve.

Some personal injury firms also offer criminal defense and will help drunk drivers reduce their consequences. Our firm is focused on the rights of victims alone. We hold drunk drivers accountable for their actions and take every step needed to help our clients secure compensation for medical expenses, lost wages, pain and suffering, and more. Most recently, we secured the full $150,000 policy limit for the victim of a drunk driver. This case was investigated and resolved in less than 60 days from the date of the accident.

If you need help, please call Shaw Cowart at 512-499-8900 to schedule a free case review and learn about your rights. We maintain offices in Austin and San Antonio. We serve victims of drunk drivers living in all nearby communities.

Posted in Blog, Car Accidents | No Comments »

Workplace injuries are a common thing. The worst thing is that some employers fail to implement appropriate measures that would help in mitigating workplace accidents and injuries.

When involved in an accident or get injured while working, we at Shaw Cowart LLP can help you negotiate your case and file for compensation. With our impeccable record, we can guarantee you exceptional legal services tailored to winning your case.

Some of the common workplace accidents and injuries our clients often report to us include:

Slips, Trips and Falls

Slips, trips and falls cause about a third of workplace injuries. Most workers file for compensation claims due to accidents resulting from these factors. Injuries likely to be faced here include head, neck, back injuries, broken bones, and pulled muscles.

Injuries in traffic accidents

You might also get injured while on the road. Accidents involving vehicles can be disabling. This usually calls for further treatment that demands compensation from the employer. At Shaw Cowart LLP, we can guide you through the legal process to ensure you’re well compensated for injuries or losses incurred.

Machinery-related accidents

If your work involves using heavy machinery, you might be at risk of injuries resulting from using these machines. Safety training is very important when working in such environments. Employees should be trained on how to use machines and be advised on wearing safety gear.

Cuts and lacerations

Using sharp equipment around your working area can also cause injuries. For instance, employees working on sawmills are at risk of getting cuts and lacerations. Like using heavy machinery, employers should train their employees adequately and provide them with the correct safety gear.

Overexertion

Working to the point of fatigue every day can cause long term injuries or even death. Lifting heavy weights or pushing heavy equipment often results in long-term injuries.

You can always talk to us when involved in any form of workplace accident. At Shaw Cowart LLP, we value our clients, and we understand how challenging it is to fight for your deserved compensation. Talk to us today. Our experienced attorneys will help you win your case. 

Posted in Blog, Workplace Injuries | No Comments »