Victims of assault may not initially know what their rights are under the law. Many victims don’t understand which type of legal process, civil or criminal, applies in their case.

When it comes to assault in Texas, the legal remedy to the situation may not simply be a criminal one, but a civil one as well – because you can bring a personal injury lawsuit to the table.

If you’ve been assaulted, then it’s important to understand effective ways you can get the compensation you deserve. Here’s what you need to know about criminal court rulings and how they can play into a personal injury claim.

The Basics of Personal Injury Lawsuits

When someone suffers from an injury or accident that someone else is legally responsible for, then they can bring a personal injury lawsuit. The person responsible can be held legally liable for the victim’s medical expenses, medical bills, as well as pain and suffering.

Formalizing a Claim

One of the best ways to formalize a personal injury lawsuit is through the representation of a lawyer. They can represent you in civil court proceedings and understand how to combine the results of a criminal ruling with the case.

Statute of Limitations

Personal injury lawsuits are dictated by a statute of limitations. In general, this is the time you have to bring a personal injury lawsuit to court. These limitations are established by state law and vary based on the type of injury you sustained in the assault, so it’s a good idea to begin pursuing a personal injury lawsuit as soon as possible after the injury occurred.

The Difference Between Civil and Criminal Cases

A criminal trial seeks to determine the guilt of the person accused of a crime and impose the appropriate punishment if they are convicted.

In a criminal trial, the victim may play a role in testifying, but they are not a part of bringing the charges against the accused. The district attorney is the person who decides if a plea bargain is accepted or if charges should be brought.

For a civil lawsuit, which is the category a personal injury lawsuit would fall under, the victim or their family sues for losses.

In a criminal case, the court may order restitution to be paid to the victim. In civil lawsuits, liability is proven and damages are based on the evidence presented in court.

Do You Need a Criminal Conviction In Order to Sue?

Personal injury lawsuits are separate from criminal court proceedings. A defendant does not have to be found guilty in criminal court to be held liable in a personal injury suit. There are some crimes where a conviction can be used as the basis for a personal injury lawsuit.

What You Should Do?

If you’ve been the victim of assault and want to bring a personal injury lawsuit, then there are a few things you can do. The first step is to keep and document anything related to the case. Any police reports or hospital records you have should be kept.

Next, you’ll want to find a personal injury attorney to represent you. They can file the lawsuit on your behalf and get the entire process started, regardless of what may be happening in the criminal part of the case.

Criminal assault allegations are serious business, but it’s important to remember they aren’t the only line of action you can take as a victim. There aren’t just criminal penalties for this type of offense, there are civil ones too.

About the Author:

After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing law in Texas in 2005. Before joining the Fulgham Hampton Personal Injury Attorneys, he worked as a prosecutor for the Tarrant County District Attorney’s Office – experience he uses to anticipate and cast doubt on the arguments that will be used against his clients. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their cases. He is Lead Counsel rated, has been named one of Fort Worth’s 3 Best DUI Lawyers, and his skill has earned him recognition from Avvo, Expertise, the National Trial Lawyers, and others.

The post Texas Assault: It’s Not Just a Criminal Case appeared first on Fulgham Hampton Personal Injury Attorneys.

As of this writing, we’ve weathered seven tropical storms since May and have more than two months left in the season. Do you know the answer to the question?

Today, we provide you with eight easy steps to take that can help to ensure the best possible outcome should you become the victim of residential flooding.

Ready? Let’s begin.

Consider Flood Insurance

Standard Texas homeowners’ policies do not cover flood damage unless it is directly caused by a “covered peril.” When you purchased your home and spoke with your home insurer, they likely mentioned a flood insurance add-on from the National Flood Insurance Program (NFIP).

Depending upon where your property is located, you may or may not have been required to pick up this separate policy. Here in Texas, you should always consider it.

Note, however, that Texas flood policies typically have a 30-day waiting period. So planning to purchase at first glimpse of a tropical storm won’t be enough lead time.

Stop the Water at Its Source

If your flooding is due to a tropical storm, hurricane, or other whims of Mother Nature, this really isn’t a step you can take. In every other instance, however, the very first thing to do when you discover a flooding issue is to find the water source and stop it.

This may mean following the pipes to a main water valve outside the home and shutting it off. Or locating a leak and sealing it up.

Turn Off the Electricity

For weather-related flooding, as a preventative measure turn off all sources of water and electricity prior to evacuating (see below).

If you are experiencing a non-weather flooding emergency, once you’ve got the water turned off or sealed properly, turn off all electrical systems in your home.

In either case, when you cannot reach a breaker box without stepping in water, do not attempt to turn it off. Instead, call an electrician.

Evacuate the Premises

When facing a natural disaster, follow the directions of local authorities. If they say you need to evacuate, there is a reason.

Locate a temporary shelter outside of town through news and other local information sources. Then, get everyone safely relocated and out of harm’s way as soon as you can.

When problems are internal, simply ensure the kids and pets are evacuated to a safe dry spot. Whatever the case, ensure everyone is accounted for and free from injury.

Call for Help

There are a handful of calls to make once you’ve made it to safety. This is who we recommend calling… and the order we think you should make those calls.

Seek Medical Attention. If for any reason if a family member (whether 2- or 4-legged) has sustained an injury, first and foremost, call for medical attention.

Call Your Insurer. After everyone is safe and has received necessary medical care, it’s time to call your flood insurance carrier to explain the damage to your home.

Typically, your bad faith claims attorney won’t need to become truly involved unless an issue arises with your insurer. That being said, you may want to contact them early on simply because bad faith flood insurance claims do happen.

Document Everything

Film or photograph every inch of the flood damage done to your home. Do it before you touch anything or begin any effort to clean. Photos will go to your adjuster and be posted as evidence for your insurance claim.

Before you enter the home, always don protective gear. Take extreme precautions. Floodwaters in your home are likely to contain sewage and/or other hazardous materials.

Further, the more time that passes before you are able to re-enter the property, the more hazardous any standing water will become.

Begin Your Recovery

This section could be an entire handbook in itself. Suffice to say that depending on the source of flooding and the extent of damage, the cleanup can be a long and grueling process.

One specific issue to Texas flood claims is mold damage. Once mold has set in after flood damage, your insurer is not likely to pay the claim. Check out FEMA’s instructions for dealing with flood-related fungi.

We also suggest utilizing the flood manual developed by The Red Cross as a checklist for supplies and tasks. Print it out and store it ahead of time in an easy-to-reach spot.

You’ve Done Everything Right, But Your Texas Insurer Isn’t Paying

The final step you may or may not have to take in the event of suffering damages from a flood is to talk with your attorney about a bad faith insurance claim.

When you’ve paid your premiums, and have done all you can to mitigate damages and document both the existing damage and your personal recovery efforts, your insurer owes you in good faith to uphold their end of the bargain.

Reach out to an experienced Texas bad faith claims attorney if you feel you’ve been jilted by your insurance company after suffering a flood.

In the meantime, don’t face the second half of the hurricane season without the proper protection!

About the Author:

Since she started practicing law in Texas in 2004, Sharon Fulgham has been named a Rising Star by SuperLawyers and a Top Attorney by Fort Worth Magazine multiple times. Additionally, she has worked with some of the best attorneys in the state, and served as a partner at the biggest law firm in Fort Worth. Sharon has successfully handled cases at both the state and federal level, and always provides her clients with legal services that are personalized to fit their needs. Outside of work, the most important things in Sharon’s life are her faith, her family (husband Brandon and three children), and serving her community.

The post Your House Has Flooded — What Texans Should Do appeared first on Fulgham Hampton Personal Injury Attorneys.

When an unforeseen accident or disaster causes damage to your house, you may be stressed but reassured by the thought, “At least I have homeowners’ insurance!”

So when your homeowners’ claim is denied by your insurance company, it can come as an especially heartbreaking shock. Unfortunately, this situation is all too common in Texas.

Self-interested insurance companies may seek every possible opportunity to deny your claim in order to avoid paying it. We’ve explained some of the most common reasons insurers deny claims in Texas below.

Of course, for all the reasons your claim could be denied, there are usually ways to avoid them, so we’ve included a bit of advice, too.

You Filed Your Claim Too Late

With most insurance companies, there is a limited window of time during which you alert them of the incident and report losses and/or damages.

When you file your claim outside of this window, you may lose your right to do so. Avoiding this unfortunate turn of events is easy. Simply report any damage to your home immediately.

Read your policy before you have a need to use it, though, and understand this limitation so you can feel confident should an unavoidable delay present itself.

You Failed to Pay Your Monthly Premiums On Time

Predictably, insurance companies don’t like it when you miss a premium payment or constantly pay late. A history of late or non-payments may leave you open to claim denials due to potential lapses in coverage.

The solution? Pay the correct amount of your premium by your set due date. There are a couple of ways you can ensure this happens.

Most insurers are happy to set up monthly auto-payments through your bank or credit card, and you always have the option of paying 6 months to a year ahead.

Damages Don’t Reach Your Policy Deductible

When you select an insurance policy, part of the agreement you make with your insurer is the amount of money you’re willing to pay on a given claim before insurance coverage kicks in. This is your deductible.

When your homeowners’ policy deductible is higher than the cost to repair home damages associated with your claim, your insurer is not obligated to cover them.

Avoid misunderstandings by familiarizing yourself with the deductibles associated with your policy. Many people choose a higher deductible in order to enjoy a lower premium.

However, if you live in a region where a particular type of damage is common, you may fair better with a higher monthly payment and a lower deductible when it comes time to file a claim.

You Provided Insufficient Documentation

When filing a homeowner’s insurance claim, you have a duty to prove your claim through documentation of the damage. To support your claim, you must record accurate detail of what occurred and take clear photographs of the damage.

This kind of denial is particularly common across all types of insurance policies. Again, read your policy — and ask your agent questions — now so that when the time comes to file a claim, you aren’t scrambling.

You Weren’t Aware of Your Policy’s Exclusion Clauses

In most policies, certain occurrences are excluded from being covered. Common examples include floods, earthquakes, hurricanes, hail, and wildfires — particularly if these happen to be common occurrences in the area you live in.

If you want these disasters covered, often insurers will have add-on components for which you can opt-in. They typically come at a reasonable cost addition.

Disputing a Claim Denial in Texas

While in some situations, you may be able to settle a claim dispute with your homeowner’s insurance company directly, sometimes that’s simply impossible.

When your claim isn’t receiving the proper processing, you have the right to appeal your denial by writing a letter or filing a complaint with your state’s department of insurance.

If your insurance company isn’t budging, it may be time to take legal action.

About the Author:

Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU, and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. He has been recognized for his work by The National Trial Lawyers, Fort Worth Magazine, and others.

The post Common Reasons Texas Insurers Deny Homeowners’ Claims (And What to Do) appeared first on Fulgham Hampton Personal Injury Attorneys.

Did you know that floods are the leading natural disaster to the U.S.? You may have at least noticed extreme weather events becoming more common.

So in a time when you’re more likely than ever to need it, you would think most homeowners insurance policies would count flood coverage as standard.

You should know, they don’t.

Now, Fort Worth doesn’t see hurricanes like coastal cities such as Houston. Still, the city — the entire DFW area, in fact — is located in the dead center in the northern-most part of a corridor known as Flash Flood Alley. This stretch of land from Central to Northern Texas is always hardest hit by precipitation each year.

Moreover, many parts of Fort Worth are ill-equipped to deal with torrential downpours, further increasing your risk of suffering flood damages.

Depending on the level of risk in your specific location, adding a flood policy to your homeowner’s insurance may be a worthy investment.

Floods are the No. 1 Natural Disaster in the US

According to the Federal Emergency Management Agency (FEMA), floods are the number one natural disaster in the US. This means that floods cause more damage every year than even catastrophic events like tornadoes.

Just a few inches of water can wreak havoc (to the tune of tens of thousands of dollars) on your home and valuables.

Floods can happen anywhere at any time, but conditions most often responsible for flooding in Texas include urbanization, slow-moving thunderstorms, hurricanes, and man-made dam and levee failure (or even calculated water release).

Texas Homeowners Insurance Does Not Cover Floods

Importantly, the vast majority of homeowners insurance policies don’t cover flood damage, even if the flood occurs due to a natural disaster that is covered under your policy.

We know. That doesn’t seem to make sense.

Let’s say your roof is damaged in a hurricane. If your homeowner’s insurance covers this kind of event, the policy will likely pay out damages from wind or hail. But don’t expect water damage from the hurricane to be covered under your standard policy.

You need to have purchased — in advance — a flood insurance policy for that. Most flood insurance is issued by the National Flood Insurance Program (NFIP), which is run by FEMA. However, some private insurers also provide flood coverage.

Know Your Risk for Flooding in Texas

If you’re considering flood insurance, you may want to evaluate your relative risk of flooding. This is determined by both the regional climate in your area and factors specific to your home’s exact location. For example, whether your home is on low ground or what’s considered a flood plain.

Texas is more prone to floods than many other states, and most major cities are located in high-risk flood areas. In particular, the coast, where hurricanes are common, and Flash Flood Alley which includes the Dallas Fort Worth Area.

Even if you live in an area with low or moderate flood risk, you’re five times more likely to experience flood damage than fire damage in the next 30 years. In most parts of Texas, this risk is much higher.

FEMA and the NFIP provide resources to help homeowners assess the general risk of flooding in their area. You can also determine whether your home is located in a flood plain using the Legal Service Corporation (LSC) flood zone lookup.

Flood Insurance Cost in Texas

The price of flood insurance depends on a number of factors, including your home’s flood risk, what the policy covers, and how much coverage you purchase.

As a rough approximation, the average flood insurance policy costs about $700 per year. However, your location, coverage limits and deductible will determine your premium.

Generally, for homes not located in a flood zone, flood insurance policies are very affordable and are well worth the investment when considering the catastrophic damage that even a minor flood can cause.

Purchasing a Texas Flood Insurance Plan

Most flood insurance policies are issued by the NFIP. However, you can only purchase flood insurance from an agent or insurer that participates in the program.

The most important thing to remember, flood insurance has a 30-day waiting period before coverage begins. Don’t wait until nasty weather is heading your way to make the purchase. The damages won’t be covered.

Start by talking to your insurance agency to take out a policy. If your agent doesn’t sell flood insurance, you can contact the NFIP Agent Referral Center at 1-800-427-4661 to request a referral to an appropriate agent in your area.

About the Author:

Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU, and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. He has been recognized for his work by The National Trial Lawyers, Fort Worth Magazine, and others.

The post How Do You Know If You Need Flood Insurance in Texas? appeared first on Fulgham Hampton Personal Injury Attorneys.

Summer is in full swing, and the Texas heat is here. Swimming pools are a great way to cool down and keep kids active over the summer. Without the right rules, however, swimming pools can also be very dangerous.

Did you know that 3,500 people die from drowning each year? In fact, drowning is the leading cause of accidental death in children between the ages of one and four. Further, other mishaps like slip-and-falls and diving accidents cause thousands of poolside injuries, too.

To help you and other Texans avoid swimming pool injuries this summer, we’ve put together a quick guide of swimming pool safety tips.

Never Leave Texas Children Unattended Near a Pool

Child drownings are often silent and fast – a child can fatally drown in just a few minutes. For this reason, children should never be left unattended in or near a pool.

Designate an official water watcher, a responsible adult tasked with keeping eyes on children in the water at all times. This should be this adult’s only task — reading, texting, and playing games on phones are all distraction enough for a serious accident to go unnoticed until it’s too late.

The water watcher should have a phone nearby to call for help if needed. Also, if a child goes missing, check the water first.

Secure Your Texas Pool With Appropriate Barriers

Children are curious. Wandering into an unsecured pool can lead to drowning before any adults even notice the child’s gone. All backyard swimming pools should be secured with appropriate fencing, gates, and latches as a preventive barrier from this tragic accident from occurring.

Any pool or spa fencing should surround the water feature on all sides and stand at least four feet high. The barrier used should also be one that small children can’t climb over.

Water should only be accessible through a self-closing, self-latching, childproof gate.

When not in use, cover your pool or spa to limit interest. Installing an alarm on the exterior door nearest to the pool area is a wise investment, too.

Teach Your Little (and Big) Texans How to Swim

Swimming lessons are fun for kids and adults who need them, and they teach lifesaving skills. It’s advisable to enroll yourself or your children in professional swimming lessons, as these classes will better teach kids how to swim.

Check your local YMCA, Parks and Recreation Department and USA Swimming chapter for available swimming lessons in your area.

Establish Rules Before You Get In to a Texas Pool

Establish clear pool rules to keep everyone safe from pool accidents. Kids should understand why each rule exists and be able to tell you what each one means.

It’s never safe to run on the pool deck, and never funny or safe to dunk or push friends into the water. Advise all visitors of any hazards specific to your pool, for example a broken ladder or deep end that’s too shallow for diving.

Be sure that everyone who uses your pool knows the rules, and don’t be afraid to remind anyone of them when play becomes too rowdy. You may also opt to post your pool rules as a gentle reminder.

Get CPR Certified in Texas

You never know when you’re going to need these lifesaving skills yourself. If you have a pool, enroll in a cardiopulmonary resuscitation (CPR) class and get certified. Older kids and teens are advised to take a class, too. Certification can be critical in the event of an emergency.

A few simple swimming pool safety precautions can help everyone enjoy your pool safety and healthily, preventing tragic accidents. If you or someone you love is the victim of a swimming injury due to another’s negligence, learn what you can do to seek justice.

About the Author:

Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU, and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. He has been recognized for his work by The National Trial Lawyers, Fort Worth Magazine, and others.

The post Swimming Pool Safety: How Texans Can Avoid Injuries This Summer appeared first on Fulgham Hampton Personal Injury Attorneys.

Entrusting a long-term care facility with the care of your loved one is a difficult thing to do. Nursing homes are charged with treating the elderly and disabled with dignity and respect.

Last fall, however, a San Antonio nursing home seemingly breached that obligation in a truly egregious way, and that story is sadly just one of many. The Texas family involved in that story says they intend to fight back. If you feel your loved one is suffering nursing home abuse or negligence, you can too.

How exactly?

There are three primary actions to take in order to initiate immediate change:

• One, document the situation.
• Two, report the abuse
• Three, contact an attorney specializing in this area of the law.

In the meantime, today’s post provides basic information on how to document, where to report, and what is likely to happen when you do.

How Texans Document Abuse from Long-term Care Facilities

Documenting nursing home abuse is different from other types of abuse for a variety of reasons. In many cases, the patient lacks the ability to coherently communicate, for instance. Additionally, abuse can often feel like added embarrassment to the already difficult transition to having relative strangers managing your care. These factors can inadvertently cause family members to miss what can be subtle or hidden signs.

Our advice? Begin recording your experience from day one as a precautionary measure. Because the burden of proof is on the family members of a nursing home resident, it is imperative they keep a watchful eye from the day their loved one arrives in order to identify signs of abuse.

Specifically, we recommend keeping a diary of your visits, and taking photographs regularly of your loved one, their living space, any medications they’ve been prescribed, and of course, when there are actual signs of abuse present. Notes on personal observations of physical or emotional conditions of your loved ones and/or staff are helpful, too.

When something seems off, trust your gut and report the abuse.

Reporting to the State of Texas

There are two leading organizations to which you can report nursing home abuse: The Texas Department of Health and Human Services (HHS), and Texas Department of Family and Protective Services.

When you file a complaint with HHS, their Regulatory Services staff will make an unannounced onsite investigation. During that site visit, they will record observations and may interview the person who filed the complaint, facility residents, staff, and family members of the patients.

The department keeps both the name of the individual filing the complaint and that of the person on behalf of whom the filing is being done completely confidential unless the law requires otherwise.

However, if you choose to remain anonymous, HHS has no way of sharing the results of their investigation with you. Filers who select not to remain anonymous will be notified of the results by HHS either in writing or by phone.

Separate from HHS, the Texas Department of Family and Protective Services manages the Texas Abuse Hotline. DFPS investigates complaints of abuse, neglect, and exploitation not investigated by HHS. You may file a report with them via phone or online.

Because there are certain situations in which either organization is required by law to release yours and your loved one’s information to the facility at the time of the complaint investigation, you should simultaneously consult with an attorney experienced in nursing home neglect and abuse.

When Your Texas Injury Attorney Files Suit

If your attorney evaluates the evidence and recommends that you pursue a claim for damages stemming from a nursing home injury or abuse, it will likely take the form of filing a civil suit.

Upon making this determination, you will file a petition or complaint with the county clerk of the local county or state court in which the nursing home is located. As required by law, the nursing home will have a certain period of time afterward to respond to the lawsuit by filing similar papers with the same court.

At this point, both parties in the suit enter into what is known as the “discovery” period, during which documents are exchanged, witnesses are deposed, and evidence is shared and evaluated. Upon completion of discovery, in many cases parties come to an out-of-court resolution. However, when that doesn’t happen, the court schedules the case for trial.

At trial, your injury lawyer will work to prove that the nursing home owed a duty of care to the resident, show that the facility breached that duty of care, and provide documentation for how the resident suffered harm as a result of the facility’s breach of duty.

About the Author:

Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU, and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. He has been recognized for his work by The National Trial Lawyers, Fort Worth Magazine, and others.

The post Suspect Nursing Home Abuse? What Texans Can Do appeared first on Fulgham Hampton Personal Injury Attorneys.

Your child has likely enjoyed jumping in a bounce house at a party, event, or business grand opening. You may have even taken them to one of the many indoor inflatable play areas that have been sprouting like weeds for the past decade or so.

Because they’re fun. Kids love them, and you get to have a few hard-earned moments to yourself without worrying because they’re basically bouncing themselves silly on big balloons.

Except there’s an increasing amount of evidence that says you probably should be a bit more worried. Why? Because bounce houses can cause serious injury to your child – just as they’ve done to countless others over the years.

In this post, we’re going to detail the risks associated with bounce houses and what you can do if someone else’s negligence caused your child to be injured by a bounce house.

The Surprising Danger of Bounce Houses Texas Parents Need to Know About

Many parents are shocked when they learn this, but thousands of children experience injuries every year when they play in bounce houses. What happens? There are several ways your child could be injured:

• Colliding with another child while bouncing
• Jumping in a bounce house crowded with too many children
• Jumping in a bounce house that suddenly moves due to it being improperly secured

Sometimes, bounce house injuries really are just freak accidents. After all, kids are kids, and it’s not uncommon for them to find ways to get hurt.

However, a significant percentage of incidents are due to negligence. When this is the case, families may be able to receive compensation and hold the responsible parties accountable.

Here are a couple of recent examples:

In Oklahoma, a 5-year-old boy suffered a serious injury while using a bounce house named The Wrecking Ball inside an Incredible Pizza restaurant. While children jump inside the bounce house, a padded ball randomly swings.

The boy in question experienced injury when an exposed hook in the padded ball sliced his arm open, causing a three-inch-deep contusion. His family rushed him to the hospital for emergency surgery, and as of the time of this writing they planned to ask the restaurant to cover their medical expenses.

In New Hampshire, two boys (3 and 2 years old) both experienced severe injuries in a bounce house at a Halloween festival when a strong wind gust suddenly blew the bounce house into the air.

The 3-year-old boy had several bone fractures, and the 2-year-old boy experienced loss of vision and a severe brain injury. The parents of the two boys filed a lawsuit against the bounce house owner on charges of negligence.

Texas Bounce House Injuries are Not Isolated Incidents

Think these are just a few scary-sounding incidents cherry-picked to scare you? Think again.

The Consumer Product Safety Commission reported that bounce house injuries have spiked in recent years – from around 5,000 in 2003 to over 17,000 in 2013.

Several factors contribute to this increase in bounce house injuries.

First, regulations on bounce houses are difficult to enforce, and only half of US states have regulations in place. The bounce house that your child plays in may not have been inspected or insured, which could lead to injuries.

Secondly, it’s rare that a bounce house operator gets fined or penalized for improper use. This makes it easier for many operators to use bounce houses in an unlawful manner.

Third, it is often unclear how state laws apply to bounce houses. Texas has laws about yearly inspections and required insurance for amusement rides. However, it does not have laws on supervision or setup, and these are the areas that most often contribute to injuries where bounce houses are concerned.

How Negligence Applies to Texas Bounce House Injury Cases

To win a personal injury lawsuit that involves a bounce accident, your attorney must be able to prove the following four elements of negligence.

1. Duty of care. The bounce house owner or operator owed you a reasonable duty of care as a patron of the bounce house.
2. Breach of duty. The bounce house owner or operator breached this duty of care due to negligence.
3. The breach of duty had a direct link to your child’s injury.
4. The bounce house owner or operator is liable for the medical expenses or other losses you incurred due to your child’s injury.

What about waivers?

The bounce house owner or operator may have required you to sign a liability waiver before your child played in the bounce house. Standard waivers normally cover reasonable risks, like strains and sprains, since the danger is inherent to the type of play inside a bounce house.

However, these waivers do not typically cover injuries resulting from bounce house owner or operator negligence. An experienced Texas injury attorney will be able to review the waiver and tell you if you have a valid case.

Remember, if your child is injured while playing in a bounce house, it’s important to first seek medical attention for your child’s injury. Not every injury is immediately noticeable, and getting them checked out as soon as possible is the best way to make sure they are okay and keep potential issues from getting worse. Additionally, if you do end up deciding to fight for compensation, your child’s medical report will be one of the strongest pieces of evidence on your side.

About the Author:

Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU, and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. He has been recognized for his work by The National Trial Lawyers, Fort Worth Magazine, and others.

The post Texas Bounce House Injuries: Who’s Liable? appeared first on Fulgham Hampton Personal Injury Attorneys.

If you’re taking a road trip in Texas, you’re guaranteed to cross paths with many other drivers on our busy highways… but you’re also likely to encounter long stretches where the only thing around is farmland – or pure nature – as far as the eye can see. The mental shift between these two types of driving situations can be difficult, and if you run across someone behaving in a reckless or negligent manner, it may be even harder to deal with.

Still, there are things you can do to decrease your chances of getting into a car accident while you drive across the Lone Star State. Here are the best tips to keep you safe while you navigate your trip.

Schedule Your Trip to Avoid the Most Dangerous Travel Days

If you can avoid scheduling your trip during the days when deadly crashes are most likely to happen, you’re already off to a great start. To the extent that you’re able, avoid these proven deadly days for road travel:

• July 3
• July 4
• August 3
• August 5
• August 6
• August 12
• September 2
• December 23
• January 1

If you can’t avoid traveling on these most dangerous days, plan to use additional caution on the road.

Chart Your Trip Ahead of Time

Planning out a road trip used to be a matter of course for people. They would buy maps and study them, checking out different potential options before deciding on the best course of action.

Today, it’s far more common for people to “wing” it, relying on GPS apps to navigate trips. Unfortunately, these systems aren’t always reliable if you lose reception or your battery is low, and in some cases their directions can even cause confusion.

Before you hit the road, chart your trip online and print a copy. Then use GPS as a backup to navigate road closures or construction. As an added bonus, plan the places where you will stop for bathroom breaks, fuel fill-ups, and meals.

You are more likely to get in a crash if you pull over on the side of the road. By knowing where to stop, you can decrease your chances of accident and injury.

Maintain Your Vehicle

Allow time before your trip to get an oil change, inflate your tires, fill fluids, and check lights. If your vehicle is due for any other scheduled maintenance, take care of it before your road trip. A tune-up will ensure that your wipers, belts, battery, air conditioner, computer, transmission, and engine are in good working order.

To be well prepared, also make sure you have an emergency kit in your vehicle. It should contain jumper cables, a tire inflator, a flashlight, a flare, and a utility knife. It’s also wise to pack extra food, water, blankets, and a first-aid kit – just in case an emergency occurs.

Check Your Towing Weight

Why?

Because an overloaded vehicle is prone to tire blowouts and other problems. Be sure to check your recommended towing weight. If your packed items exceed a safe weight for your car, consider pulling a trailer or even renting a larger vehicle.

If you need to secure items to your vehicle’s roof, make sure to use heavy duty straps that you have recently inspected for wear and tear. If you see any problems with the gear you’re using, replace it to avoid a costly or dangerous accident.

Sign Up for Roadside Assistance

Many newer vehicles come with a roadside assistance program, which can be vital if you are stranded in an unfamiliar area. If you don’t have a roadside assistance program, consider signing up for one before your road trip to gain peace of mind.

Pack Your Phone Chargers

Don’t rely only on a wall charger for a road trip. Use or purchase a new phone charger that works in your vehicle. This will help keep your phone charged in case an emergency occurs – and make sure you don’t lose navigation at a pivotal time if you decide to primarily use GPS.

Childproof Your Vehicle

Make sure that the door and window locks are secured before going on a trip. Also remove any choking hazards or sharp objects from the seats where children will be riding – and anything else your kids might get into that could potentially distract you on the road.

Stay Alert

Fatigue is a common reason that accidents occur, especially on long road trips. Get a good night’s rest before your trip. Stay awake with caffeine or upbeat music. Take breaks every two hours, and switch drivers if possible.

Keep Your Focus

Distracted driving is one of the top reasons accidents occur. Don’t use your phone while driving – pull over if you must call or text. Also, refrain from eating, changing the music station, applying makeup, or any other activity that takes your eyes off the road, even for a second.

Look Ahead

By only focusing on the vehicle immediately ahead of you, it’s possible you may miss upcoming hazards. Try to focus on the long range, at least five vehicles ahead, and make adjustments as necessary to avoid a car accident.

Utilizing these tips isn’t a guarantee that your trip will be crash-free – after all, you can’t control the actions of other drivers. However, it should greatly reduce your chances of getting hurt, and that’s worth a lot.

About the Author:

Since she started practicing law in Texas in 2004, Sharon Fulgham has been named a Rising Star by SuperLawyers and a Top Attorney by Fort Worth Magazine multiple times. Additionally, she has worked with some of the best attorneys in the state, and served as a partner at the biggest law firm in Fort Worth. Sharon has successfully handled cases at both the state and federal level, and always provides her clients with legal services that are personalized to fit their needs. Outside of work, the most important things in Sharon’s life are her faith, her family (husband Brandon and three children), and serving her community.

The post How to Avoid Texas Road Trip Accidents appeared first on Fulgham Hampton Personal Injury Attorneys.

If you are thinking about filing a personal injury lawsuit, here are the most common examples of cases that are successfully awarded by the Texas court system.

Types of Personal Injury Lawsuits Filed by People in Texas

You have grounds to file a personal injury lawsuit if someone’s negligence caused harm to you, and serious injury was the result. In these cases, you can seek compensation for medical bills, lost income, property damage, or pain and suffering. These are the most likely cases to be won by plaintiffs in Texas.

Car Accident Injuries

If another was at fault for the injuries you sustained in a car accident, you may have grounds for an auto crash lawsuit.

In Texas, the courts operate under a modified comparative negligence principle. Under this principle, the judge or jury will look at the percentage of fault among all parties involved in the accident. If you did not cause any more fault than the driver who caused your injuries, you can file a claim. However, your damages may be reduced by your percentage of fault.

For example, if the other driver is determined to be 70 percent at fault for your accident, your court award will be reduced by 30 percent, which is equal to your share of the fault.

Texas laws also have limits on how much you can be awarded. Your maximum reward is equal to the greatest number of the following three options:

• $200,000
• Twice the amount of economic damages plus $750,000
• Twice the amount of economic damages plus the amount of non-economic damages

Economic damages include vehicle repair, lost income, and medical expenses. Non-economic damages include pain and suffering experienced after the accident.

Slip and Fall Accidents

If you fall and experience injury due to someone else’s negligence, you may be able to receive compensation in a premises liability lawsuit.

You can file a claim against the property owner’s insurer, or you can file a lawsuit with the Texas court system.

You’ll need to file within two years of the accident. You can seek compensation for injuries and any personal property that was damaged, such as jewelry.

You could also be held partially responsible for a fall, which may reduce your potential compensation. For example, if you were texting while walking, the court may determine that your damages should be reduced. Your final award will be reduced by your percentage of fault.

Defective Product Accidents

Some injuries occur because a product is defective. In these cases, you can hold the product’s maker responsible for your injury.

Common examples of defective product cases include the following:

• Toys
• Tools
• Kitchen Appliances
• Household Appliances
• Chemicals
• Machinery

A skilled Texas injury attorney will know whether you can hold the product designer, manufacturer, or distributor liable for your injury. Sometimes several parties can be held liable. These cases can be complicated and hard to fight, and you will need a knowledgeable lawyer to advocate on your behalf.

These are not the only types of injuries for which you can receive compensation. If you or someone you love has been injured and you believe that another is responsible, get in touch today for your free consultation with a Texas personal injury lawyer.

About the Author:

Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU, and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. He has been recognized for his work by The National Trial Lawyers, Fort Worth Magazine, and others.

The post  Some of the Most Common Personal Injury Claims in Texas appeared first on Fulgham Hampton Personal Injury Attorneys.

Roofs are one of the most expensive repairs a homeowner can make. Worse, the severe weather here in Texas can lead to frequent roof damage. Even if your insurance covers roof repairs, navigating the insurance claim process is often stressful, requiring several follow-ups with insurance adjusters, roofing contractors, and potentially even your mortgage company.

To make roof insurance claims more painless and maximize the chance of payment for your claim, we’ve provided some helpful tips and tricks, as well as common mistakes to avoid.

Roof Insurance: Tips for Filing a Claim

To successfully file a roof insurance claim, it’s important to document the damage and contact your insurance provider as soon as possible. You should also select your contractor carefully.

These helpful tips will make the roof insurance claim process more streamlined increase the likelihood of having your claim approved.

Look for Damage Immediately After a Storm

If you suspect that your roof may have been damaged by hail or high winds in a storm, contact a reputable and licensed roofing contractor to inspect your roof. Importantly, even if your roof appears to be intact, there could be internal damage that only a trained roofing contractor can spot.

Many roofing contractors will provide insurance claim assistance. This will make your insurance claim process much easier. When selecting a contractor to assess your damages, ask if they provide this service.

Some policies have stipulations that limit the amount of time you can wait after incurring damages. Moreover, after a major storm you should expect that reputable roofing contractors will be very busy. It’s therefore important to contact a contractor as soon as possible for an inspection.

Take Pictures and Document Any Related Details

Your roofing contractor will know how to find damage and be able to thoroughly document the damage. Ask that they take pictures of the damaged areas and submit a written explanation of what needs to be repaired, as well as the estimated cost. This will make filing a claim easier.

You should also document any related details. This includes the time and date of the suspected damage and the events that caused the damage. Contrary to popular belief, you do not need to save hailstones in your freezer. However, a few pictures would be helpful if this is possible.

Contact Your Insurance Company and Find out What Your Policy Covers

Your next step should be to contact your insurance company to verify that the necessary repairs will be covered by your policy. Be sure to get in touch with them as soon as possible, as there’s often a time limit to file claims.

After you have submitted a claim, an insurance adjuster will be sent to independently assess the damage and determine the cost that the insurance company will pay out for the repairs.

Choose a Reputable Roofing Contractor

If the roofing repairs are covered by your homeowner’s insurance, you will be issued funds to repair the damage, and can then choose the roofing contractor to complete the repairs or replacement. Make sure you select a reputable contractor who is licensed and insured, and be sure to ask for references. It’s also wise to shop around and get a few estimates.

Pitfalls to Avoid with Roof Insurance Claims

In order to ensure that your claim is successfully paid, it is important to avoid a couple of common pitfalls:

Improper Maintenance

If the damage to your roof was caused by improper maintenance, or could have been prevented with proper maintenance, your insurance company will reject your claim. It’s therefore important to perform routine maintenance such as the following:

• Regular roof inspections by a trained roofing professional
• Keeping your roof clear of debris
• Keeping gutters clean
• Removing any dead trees on your property that could possibly fall on your roof

Conducting Repairs Prior to Contacting Your Insurance Provider

Ever heard the saying that it’s better to ask for forgiveness than permission? This does not apply to insurance companies.

If you conduct repairs that for some reason are not covered by your insurance company, you will be stuck with the bill. Moreover, your insurer will likely send an adjuster to evaluate damages prior to approving your claim, which isn’t possible if you’ve already made repairs.

The only exception to this is temporary repairs to prevent further damage. For example, if damage to your roof results in substantial leaks that could damage your home as well, you should put a tarp over your roof to prevent water damage.

Concerns about Your Roof Damage Claim?

You pay your insurance policy under the assumption that your insurance company will act in good faith, paying out for damages that are covered under your policy. If you feel that your insurer is not honoring your policy or is unnecessarily delaying your claim, this could be considered bad faith insurance.

An experienced Texas insurance claims lawyer can help evaluate your case to determine if your insurer has acted in bad faith. Do not delay or you could end up losing out – contact our office now.

About the Author:

Since she started practicing law in Texas in 2004, Sharon Fulgham has been named a Rising Star by SuperLawyers and a Top Attorney by Fort Worth Magazine multiple times. Additionally, she has worked with some of the best attorneys in the state, and served as a partner at the biggest law firm in Fort Worth. Sharon has successfully handled cases at both the state and federal level, and always provides her clients with legal services that are personalized to fit their needs. Outside of work, the most important things in Sharon’s life are her faith, her family (husband Brandon and three children), and serving her community.

The post Your Guide to Filing a Roof Insurance Claim in Texas appeared first on Fulgham Hampton Personal Injury Attorneys.