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Texas Intentional Torts and Crime Victims Rights

noreply@blogger.com (Jason S. Coomer) — Mon, 20 Oct 2008 21:27:00 +0000

Under Texas Law victims of intentional torts such as sexual assault, molestation, rape, offensive touching, assault & battery, hazing, and intentional infliction of emotional harm can seek compensation from the criminals and perpetrators that have committed these intentional torts against them as well as sometimes from other parties that allowed the sexual assault, molestation, rape, or other intentional torts to occur.

An intentional tort arises when a person intends to commit a wrongful act such as sexual assault, physical assault, murder, theft, or molestation which results in serious injury, death, or significant damages. From a legal perspective, it can often be difficult to obtain compensation from a person who commits an intentional tort unless that person is wealthy. This is because most insurance policies do not cover intentional wrongful acts such as murder, sexual assault, rape, molestation, or theft. Further, most criminal and sexual predators do not have money or resources to pay compensation to their victims.

However, sometimes the injuries from a serious crime including sexual molestation or sexual assault result from the wrongful acts of more than one party. An example of this would be when a private school, church, community center, or daycare center has a duty to provide proper supervision of its premises and staff to make sure that the children in their care are safe from harm. If the church, private school, community center, or daycare center hires or allows a person that has a history of molestation or sexual assault to be around children, they may have violated their duty to protect children and negligently allowed a sexual assault or molestation to occur. Similarly, if a homeowner is taking care of someone else's child and allows someone with a history of sexual or violence with children, there may be a potential claim under homeowner's insurance, if the homeowner negligently allows the sexual predator to be alone with the child. Further, if the church, private school, community center, or daycare center allows strangers to access the premises or does not adequately screen or supervise its employees, and a child is molested as a result of the private school's, church's or daycare center's lack of care, the negligent conduct may support a legal cause of action for negligence.

Common intentional torts include sexual molestation, sexual assault, rape, battery, and child abuse. Many of these intentional torts will support a sexual molestation lawsuit or sexual assault lawsuit if the criminal is wealthy or if other parties are negligent in allowing the sexual predator to be alone with children in their care.

Many victims of crimes do not realize that there may be civil actions that can be filed against criminals in addition to criminal charges. In cases where reckless conduct such as when a drunk driver kills someone in a fatal accident, when security officers or bouncers known for violence seriously injure or kill someone, or a rich criminal commits an intentional act such as murder or rape, there are civil laws in Texas that allow the victim or the victim's family to seek compensation.

Texas Drowning Accident Lawsuits and Defective Swimming Pools

noreply@blogger.com (Jason S. Coomer) — Tue, 02 Sep 2008 19:56:00 +0000

Unfortunately, drowning is the second leading cause of death among children under 14 years of age and is a real danger for young children that are not properly supervised when participating in water sports or live near unsafe or unsecured pools. Consumer Safety Groups and Organizations including the Consumer Product Safety Commission (CPSC) have become aware of many dangers with defectively designed and roped pools and have issued several safety warnings about the importance of pool safety.

There have also been several stories in the news where defective swimming pool drains have caused serious injuries to small children as well as trapped small children under water. These defective pool drain and spa drain accidents have caused several children to have been serious injured or killed due to having body parts entrapped by the drain of a swimming pool, wading pool, or spa. Under normal conditions, pipes leading from a pool's drain, or into the pool's pumps, draw water from the pool creating suction. If something blocks the normal function of a pool drain, the amount of suction can increase as the pump draws water past the obstruction. This increased suction can entrap a small child or person, causing the person to be held underwater, which often leads to brain damage because of lack of oxygen or hypoxia. In extreme situations, defective drains in wading pools have caused a child sitting on the drain outlet to be disemboweled by extreme suction.

For more information on Texas Drowning Accident Lawsuits and Defective Swimming Pool Claims, go to the following Texas Drowning Accident Lawsuits and Defective Swimming Pool webpage.

Healthcare Fraud Law Suits (Qui Tam Claims & Medicare Fraud Claims)

noreply@blogger.com (Jason S. Coomer) — Fri, 01 Aug 2008 19:35:00 +0000

Law enforcement authorities estimate that health-care fraud costs taxpayers between $60 billion and $100 billion each year. Through Qui Tam Claims and Health Care Fraud Lawsuits, billions of dollars have been recovered from individuals and organizations that have committed health care fraud and stolen large amounts of money from United States Tax Payers.

There are lawful ways that whistleblowers and American Heroes can act as a "Relator" and file Qui Tam Claims and Whistleblower Lawsuits to recover millions or billions of dollars that have been stolen from the United States.

In a recent Qui Tam settlement False Claims Act qui tam or whistleblower lawsuits were settled resulting in a $1.7 Billion recover. Of this settlement, whistleblowers will receive a combined share of approximately $150 million.

For more information on Qui Tam Claims and Whistleblower Lawsuits feel free to go to the following web pages on Health Care Fraud Claims, Defense Contractor Fraud Claims, and Government Contractor Fraud Claims.

Texas Trasylol Lawsuits

noreply@blogger.com (Jason S. Coomer) — Fri, 04 Jul 2008 21:24:00 +0000

Evidence has shown that the heart surgery drug, Trasylol, can cause significant health problems including kidney failure resulting in death or the need for dialysis. Unfortunately, even though there has been significant knowledge of these potential health problems those profiting from the sale of Trasylol were slow to pull the drug off the market potentially causing thousands of deaths and kidney damage in tens of thousands of heart patients.

Texas Trasylol Lawyer (Texas Trayslol Lawsuits)

Delays in pulling Trasylol from the market and publicizing the known and suspected health risk of Trasylol may have caused thousand of unnecessary deaths as well as caused many heart surgery recipients to suffer unnecessary kidney failure damage. Because of the large number of people this drug may have hurt or killed, several Trasylol Lawyers are investigating potential Trasylol lawsuits including when the manufacturer first learned of potential health risks of the drug and if anyone intentionally concealed these health risks. Further, several Trasylol lawyers are investigating if these same corporations and people may have over stated the benefits of Trasylol in order to maximize profits.

It is estimated that the annual projected sales of Trasylol was over $600 million producing huge profits for those that had a duty to disclose any know health hazards with the drug.

Texas Trasylol Attorney Jason Coomer is working with several lawyers throughout Texas and the United States in reviewing fatal Trasylol lawsuits and seeking compensation for those that have lost a loved one from the drug, are now on kidney dialysis for life, or have suffered a stroke.

For more information on Texas Trasylol Lawsuits, go to the following web page on Texas Trasylol Lawsuits and FDA Trasylol Warnings.

Business Partnership and Dissolution Issues

noreply@blogger.com (Jason S. Coomer) — Fri, 27 Jun 2008 22:16:00 +0000

When a business, joint venture, or partnership breaks up, it is often as bad as a divorce. The former business partners typically know where all the assets of business are and feel that they are entitled to more than half. They also often know how to hit the emotional buttons of their former business partners and do so during negotiations and litigation. The battle for possession of clients, accounts, intellectual property, employees, and other assets can be fierce. All too often former business partners have to hire lawyers and accountants to collect their fair share of a business.

For more information on Business Partnership and Dissolution Issues, go to the following web page on Business Partnership and Dissolution Issues.

Defense Contractor Fraud Lawsuits and Qui Tam Lawsuits

noreply@blogger.com (Jason S. Coomer) — Tue, 24 Jun 2008 21:41:00 +0000

During the Civil War, Abraham Lincoln enacted the Federal Civil False Claims Act in response to corrupt defense contractors that were defrauding the United States out of vast amount of money and putting troops at risk by supplying troops with defective products and faulty war equipment. Unfortunately, some fraudulent defense contractors and other fraudulent government contractors have been defrauding the United States and making big profits. Illegal price gouging and government fraud has become common practice and the armed forces of the United States are suffering. As such, it is now time for whistleblowers and American heroes to blow the whistle on these contractors that are defrauding the United States, stealing from the United States, and placing our troops in danger.

Defense Contractor Fraud Claims in the News

The United States Department of Defense spending for goods and services in Fiscal Year 2007 exceeded $300 billion. With this increased budget has come relaxed oversight and regulation. Quality control and proper testing of these good and services has become lax as documentation for large defense contracts has been reduced allowing fraudulent contractors to get away with defrauding the Pentagon, Department of Defense, and United States.

Recently several news stories have surfaced regarding suspected defense contractor fraud and government contractor fraud. These news stories on potential Defense Contractor Fraud Claims and Government Contractor Fraud Claims will become more common as government fraud, no bid contracts, and poor oversight are discovered. For more information go to the Law Offices of Jason S. Coomer, PLLC Defense Contractor Fraud Claim and Qui Tam Lawsuit Webpage.

Qui Tam Lawsuits and Defense Contractor Fraud Lawsuits

In 1986 as a result of increased government contractor fraud, Congress amended the False Claims Act in order to make it easier for whistleblowers to file claims against fraudulent corporations and individuals including fraudulent defense contractors. The act protects the Whistleblower or Relator from retaliation.

As the Defense Contractor Budget has grown so has Defense Contractor Fraud and Government Contractor Fraud. As fraud against the government has grown, the need for government heroes has grown to blow the whistle on greedy businesses that are defrauding the United States and putting our military forces in jeopardy in order to make money. For more information on Qui Tam Lawsuits and Defense Contrator Fraud Lawsuits go to the Law Offices of Jason S. Coomer, PLLC Defense Contractor Fraud Claim and Qui Tam Lawsuit Webpage.

Asbestos Mesothelioma and Asbestos Cancer Lawsuits

noreply@blogger.com (Jason S. Coomer) — Tue, 10 Jun 2008 20:59:00 +0000

Asbestos Mesothelioma and Asbestos Cancer Lawsuits

Exposure to Asbestos has been scientifically linked to several forms of asbestos cancer including mesothelioma. These asbestos cancers all too often result in a painful death for the person that was exposed to asbestos products. Despite knowledge of the dangers of asbestos products and negligent asbestos abatements, many corporations have sold and used asbestos products as well as many other corporations have failed to use proper asbestos abatement procedures to remove asbestos from buildings. Far too many businesses have made the decision that making more money through selling, using, or improperly removing asbestos products is more important than the health and lives of workers and there families.

It is in these instances where the law needs to step in and make businesses that sell dangerous asbestos products, manufacture dangerous asbestos products, or intentionally fail to adhere to proper asbestos abatement procedures.

For more information on mesothelioma, asbestos products, secondary exposure, and asbestos cancer, go to Texas Asbestos Cancer Lawyer Jason Coomer's Webpages on Mesothelioma, Asbestos Products and Use, Secondary Exposure, Asbestos Product Dumping, or Asbestos Cancer.

Texas Motorcycle Accident Lawsuits

noreply@blogger.com (Jason S. Coomer) — Mon, 09 Jun 2008 20:17:00 +0000

Austin Texas Motorcycle Accident Lawsuits and Insurance Claims

Austin and the Texas Hill County are beautiful places to ride your motorcycle. Every spring and summer tens of thousands of bikers ride through Austin and the Texas Hill Country enjoying their freedom, the scenic hill country, and the fun that is Austin, Texas. With Austin comes heavy traffic, many careless drivers, and many large vehicles that do not give bikers enough room and some that actually fail to see bikers and cause serious accidents. Unfortunately, many of these motorcycle accidents result in serious injuries to the person on the motorcycle.

Unfortunately, insurance companies do not always adequately compensate those injured in serious collisions or the families of persons killed by negligent drivers. They prefer to pay as little as possible on legitimate accident claims when they can get away with it. Many insurance companies will not offer reasonable compensation to the injured person or the family of a person wrongfully killed by an accident until a lawsuit is actually filed.

Whether the accident was caused by reckless driving, mechanical error, and/or alcohol, it is important to understand how insurance companies review claims including liability insurance, PIP, medical pay, uninsured, and underinsured motorist coverage as well as liability & damages including medical expenses, lost wages, future losses, impairment, disfigurement, pain and suffering and other damages.

For more information on Texas motorcycle accident claims and Austin motorcycle accident lawsuits, go to the following webpage.

Industrial Accident and Texas Plant Explosion Lawsuits

noreply@blogger.com (Jason S. Coomer) — Mon, 09 Jun 2008 20:10:00 +0000

Industrial Accident Lawsuits and Texas Plant Explosion Lawsuits

Industrial accidents including plant explosions can cause catastrophic damages, severe injuries and even death. A number of safety violations can cause a plant explosion including chemical releases, failure to provide proper maintenance, combustible dust, improperly trained staff, and old equipment.

United States and Texas Plant Explosions

As Texas and the United States have become more industrialized Plant Explosions and other industrial accidents have become more and more common. This has become especially true with aging infrastructure of many industrial plants and the corporation controlled OSHA safety agency that has weakened safety regulations and protections for workers. These factors combined with many corporations deciding to save money at the expense of worker safety have lead to many devastating plant explosions and industrial accidents.

Plant Explosions and Combustible Dust

Combustible Dust is problem that has been know for years. For those familiar with the grain industry, it is commonly understood that grain dust is more flammable than grain. It is hard to burn grain, but if you have a large pile of grain dust the small particles become more flammable. For this reason there are several regulations on the grain industry to prevent fires and explosions. Likewise other materials like metal are typically not flammable, but when in dust form they become flammable and in large quantities can cause a plant explosion.

For more information on Texas Plant Explosions, Industrial Accident Lawsuits, and Combustible Dust, feel free to visit the Law Offices of Jason S. Coomer Industrial Accident Lawsuit and Texas Plant Explosion Webpage.

Texas Crane and Construction Equipment Lawsuits

noreply@blogger.com (Jason S. Coomer) — Mon, 12 May 2008 19:56:00 +0000

Using cranes, bulldozers, tower cranes, backhoes, cherry pickers, and other construction equipment have become common sights on Texas construction sites. This construction equipment is useful and allows construction projects to rapidly move forward as well as construction companies to erect large buildings and other construction projects that they otherwise be unable to do without modern construction equipment. However, because of the power and complexity of this construction equipment, it is extremely important that this construction equipment is operated by skilled and well trained construction workers who follow safety regulations and instructions.

Failure to follow safety regulations and procedures can result in fatal construction accidents as well as construction accidents resulting in serious injuries and substantial damages. From collapsing cranes to lost unsecured loads to improperly stacked building supplies, the rise in construction has resulted in additional construction accidents.

Texas Crane Accidents and Safety Regulations

Moving large, heavy loads is crucial to today's manufacturing and construction industries. Much technology has been developed for these operations, including careful training and extensive workplace precautions. However, problems and accidents arise when construction companies, construction workers, and crane operator's get careless or try to save money at the expense of safety.

Some of the most serious construction accidents happen as a result of the misuse of heavy equipment including cranes, tower cranes, and backhoes. The potential dangers of operating a crane include collapsing cranes, cranes flipping or toppling over, cranes coming into contact with live power lines resulting in the burning or electrocution of the operator, and improperly secured loads falling on workers and/or bystanders.

For more information on Texas Construction Equipment Accidents for to the following Web Page on Texas Crane & Construction Equipment Accident Lawsuits.

Texas Guardianships

noreply@blogger.com (Jason S. Coomer) — Thu, 01 May 2008 20:16:00 +0000

Guardianship Applications and Contests

A guardianship is sometimes needed when a person cannot take care of herself or himself. Typically, a Texas Probate Court will look to alternative less drastic measures to avoid a guardianship or making someone a ward. This is because a guardianship takes a person's rights away including use of their finances and decisions on their daily care. An Application for a Guardianship should only be filed to further a person's best interests.

Incapacitated Persons and Guardians

According to the Texas Probate Code Section 601 (14), there are three types of incapacitated people that need guardians. The first is a minor which includes those under 18 years of age that have not been emancipated. The second are adults who because of a physical or mental condition, are substantially unable to provide food, clothing, or shelter for themselves, to care for their own physical health, or to manage the individual's own financial affairs. The third are people that must have a guardian appointed to receive funds due the person from any governmental sources.

A person is determined to be "incapacitated" upon a finding by a court that the person lacks the capacity to do some, but not necessarily all, or the tasks necessary to care for himself or herself or to manage his or her property.

A court may appoint a guardian with full authority over an incapacitated person or may grant a guardian limited authority over an incapacitated person as indicated by the incapacitated person's actual mental or physical limitations and only as necessary to promote and protect the well-being of the person. If the person is not a minor, the court may not use age as the sole factor in determining whether to appoint a guardian for the person. In creating a guardianship that gives a guardian limited power or authority over an incapacitated person, the court shall design the guardianship to encourage the development or maintenance of maximum self-reliance and independence in the incapacitated person.

Setting Up A Guardianship & Filing an Application for Guardianship

An Application for Guardianship can be filed by any person that does not have an adverse interest to the proposed ward. This rule is to make it easy for a good Samaritan to help a person that is unable to help themselves, but to prevent people from attempting to take control over people that they owe money to or are fighting in a court battle. Most applications for guardianships are filed and determined in a county court or probate court, however, the determination can be transferred to District Court. To have a guardian appointed the applicants must have a medical report from a doctor that states that the proposed ward is substantially unable to take care of themselves. This medical report can be obtained prior to the application or as part of the court's determination.

Drive By Guardianships & the Race to the Court House

A proceeding for the appointment of a guardian for the person or estate, or both, of an incapacitated person shall be brought 1) in the county in which the proposed ward resides, or 2 ) is located on the date the application is filed or 3) in the county in which the principal estate of the proposed ward is located. If there are multiple counties where the application for a guardianship can be heard, then the place where the first application is filed controls. Combining this rule with 2) above, we have instances where a family member is brought for a visit for the purpose of filing for an application to get the proceeding in a local court. This can be convenient, but also can create races to the court house for different family members.

The Duties of a Guardian

The duties of a guardian are not only to take care of the ward or minor, but to manage the ward's finances or estate. Included in these duties are accounting reports that must be filed in managing the ward's finances. The failure to properly manage the estate or prepare the accounting reports can be a breach of fiduciary duty and can subject the guardian to liability for any misspent money or unaccounted assets.

If someone close to you is in need of a guardian and needs someone to take care of their financial affairs or even worse if there are others that are attempting to wrongfully seize your or someone you love's assets, make sure that there is someone to look out for your interests. A court appointed attorney may help Someone to assist in seeking inventories and obtaining an accounting as to what has been spent and what needs to be done to free up property and assets.

For more information on Austin Texas Guardianships, go to the following web page on Travis County and Austin Texas Guardianships.

Whistleblowers, American Heroes, and Qui Tam Lawsuits

noreply@blogger.com (Jason S. Coomer) — Tue, 29 Apr 2008 21:36:00 +0000

Whistleblowers, American Heroes, and Qui Tam Claims

During the Civil War, corrupt military contractors were defrauding the United States Army out of hundreds of thousands of dollars and putting troops at risk by supplying troops with defective products and faulty war equipment. Illegal price gouging was a common practice and the armed forces of the United States suffered. In response, Abraham Lincoln enacted the Federal Civil False Claims Act. A key provision of the act was known as qui tam.

The abbreviation is from Latin and refers to "a person who files a suit for the king as for himself". Qui tam laws have existed for centuries as deceptive government contractors have been around as long as government contracting has. Qui tam actions allow a private citizen to file a lawsuit on behalf of the U.S. government in an effort to recover losses caused by fraud against the government. The law is an incentive for civilians who know of individuals or companies making false claims for profit to come forward with information. In reward, the "whistleblower" (also known as the relator) shares in any federal revenue recovered.

For more information on Texas or Federal Qui Tam Lawsuits including defense contractor fraud, highway contractor fraud, health care fraud, or other governmental contractor or subcontractor fraud feel free to go to the following webpage on government contractor fraud lawsuits. It takes American heroes to keep corrupt government contractors from defrauding the United States Government out of millions or billions of dollars.

Texas Breach of Fiduciary Duty Lawsuits

noreply@blogger.com (Jason S. Coomer) — Tue, 29 Apr 2008 21:16:00 +0000

Under Texas law, Guardians, Executors, Administrators, and persons holding powers of attorney have a fiduciary duty to protect the property of a ward, estate, or the person for who they hold a power of attorney. Fiduciaries that negligently or intentionally lose or steal money can be held accountable for fraudulent or negligent actions.

Texas Executor Fraud Lawsuits & Breach of Fiduciary Duty Lawsuits

An executor of an estate has to take an oath to fulfill the wishes of the decedent's Will. Failure to properly comply with the Will or violating the oath of the executor can result in a breach of fiduciary duty lawsuit against the executor for failure to comply with the decedent's wishes.

Executors that commit fraud or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts. If you are a beneficiary of a Will and an executor has negligently lost or intentionally stolen estate property, it is important to hire a Texas Negligent or Fraudulent Executor Lawyer that can help rightful beneficiaries seek compensation for theft or negligence by an executor.

Texas Administrator Fraud & Breach of Fiduciary Duty Lawsuits

Administrators like Executors have a duty under Texas probate law to properly manage and distribute an estate. Administrators have to take an oath to fulfill Texas law in managing an estate. Failure to comply with Texas probate can result in a breach of fiduciary duty lawsuit against the administrator for failure to comply with the decedent's wishes.

Administrators that commit fraud or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts. If you are an heir or beneficiary of a estate that has been mismanaged, it is important to hire a Texas Negligent or Fraudulent Administrator Lawyer that can help rightful heirs and beneficiaries seek compensation for theft or negligence by an administrator.

Texas Powers of Attorney Fraud & Breach of Fiduciary Duty Lawsuits

Persons holding a power of attorney for someone else have a fiduciary duty to keep records of the transactions that they make for that person as well as to act in that person's best interest. Intentional or negligent failure to adhere to these fiduciary duties can result in legal action against the person holding the power of attorney.

Texas Inheritance & Probate Fraud Lawsuits and Texas Fiduciary Duty Lawsuits

Texas Inheritance & Probate Fraud Lawyer Jason Coomer handles breach of fiduciary duty lawsuits and claims where probate fraud, guardian fraud, executor fraud, Will fraud, Will forgeries, misuse of a power of attorney, or other malfeasance has occurred. As a Texas Probate & Inheritance Fraud Lawyer, he helps wards, heirs, and beneficiaries seek compensation from guardians, executors, administrators, and others that have intentionally stolen or negligently lost money and other property.

Big Spring, Texas Refinery Explosion Alon USA

noreply@blogger.com (Jason S. Coomer) — Mon, 18 Feb 2008 20:26:00 +0000

According to the AP, at least four people were injured and a blast could be felt miles away from the Big Spring, Texas Refinery Explosion operated by Alon USA. The Explosion occurred around 8am Monday, February 18, 2008.

[Click here for more information about plant explosions]

Defective Smoke Detectors and Aluminum Wiring a Recipe for a Fatal Home Fire

noreply@blogger.com (Jason S. Coomer) — Wed, 19 Dec 2007 22:47:00 +0000

A working smoke alarm on every level of a home and in each bed room is an important safety feature to have in your home. The United States Fire Administration provides information on smoke alarms including the following brochure on What You Need to Know about Smoke Alarms as well as information on defective smoke detectors that you should be aware of and avoid.

As of December 2007, the United States Fire Administration had recalls notices on Digital Security Controls FSA and FSB Series Smoke Detectors, First Alert Onelink Battery-Powered Smoke and Combination Smoke/Carbon Monoxide (CO) Alarms, and BRK Brand Hard-Wired Battery Back-Up Smoke Alarms, Models 4120B and 4120SB. For more information on these smoke alarms, contact the United States Fire Administration or the manufacturers of these products.

Defective smoke detectors and smoke alarms are especially problematic for fires that occur at night, when people are sleeping, when people are disabled, or when the fire is hidden. This is because a failure to warn of a fire can allow the fire to spread. Once the fire has spread smoke can accumulate taking away oxygen and creating toxic fumes that can cause people and pets to pass out from smoke inhalation.

Austin Texas Home Fire Claims (Aluminum Wiring)

When purchasing, renting, or deciding to live in an older home it is important to know when it was built and if it was built with aluminum wiring in it. This is because many homes built in the 1960s and 1970s were built with aluminum wiring that can over heat and cause a fire. Additionally, over time the aluminum wiring in these homes typically deteriorate making the risk of an accidental electrical fire increase.

If you own or are thinking of buying or renting an older home it is important to know if you have aluminum wiring. If your home will have aluminum wiring, it is also a good idea to review the Consumer Product Safety Commissions Recommendation for Aluminum Wiring in Homes and to make sure that your home has working smoke detectors. This knowledge can help avoid a fatal home fire or fire tragedy.

Austin Texas Home Fire Claims (Aluminum Wiring & Defective Smoke Detectors: Increased Risk of Fatal Home Fire)

Both aluminum wiring and defective smoke detectors increase the risk of a fatal home fire that could cause devastating loss of life, serious burns, catastrophic injuries, and significant property damage. It is always best to lower these risk as much as possible for your health and safety as well as that of your family.

Austin Texas Home Fire lawyer handles fatal fire claims and other accidental fire claims that cause serious injuries, significant loss of property, or death. Recovering from a home fire, can be difficult. Not only is there the loss of life or serious injuries to deal with, but the actual clean up and rebuilding. From the fire damage to smoke and fire suppression damage, residential fire claim typically require significant resources to clean up and rebuild the home. As such, it can be extremely difficult to deal not only with the loss of life, injuries, and damages, but to also deal with the builder, insurance company, or other large company that may be responsible for the home fire.

For more information on fatal home fires, defective smoke detectors, or aluminum wiring, please go to the following web page on Texas Fatal Home Fire Claims.

Smoke Inhalation Claims

noreply@blogger.com (Jason S. Coomer) — Mon, 03 Dec 2007 23:01:00 +0000

Smoke inhalation is the number one cause of death related to fatal fires. An estimated 50%-80% of fire deaths are the result of smoke inhalation injuries rather than serious burns. This is significant as it is estimated that in the United States, each year over 30,000 people are killed or seriously injured by fire and smoke inhalation.

Smoke inhalation from an accidental fire can cause difficulty breathing, carbon monoxide poisoning, and other toxic effects that can result in serious injuries or even death. Smoke inhalation occurs when a person breathes in smoke or the products of combustion during a fire. The fire not only uses the surrounding oxygen in the air taking the oxygen that humans need to breathe, but through burning or combustion (the rapid breakdown of a substance by heat) creates smoke which is a mixture of heated particles and gases that are created by burning.

It is impossible to predict the exact composition of smoke produced by a residential fire or industrial fire as every accident fire is different. The products being burned, the temperature of the fire, and the amount of oxygen available to the fire all make a difference in the type of smoke produced. This is especially true when furniture, appliances, and other items made up of plastic or other chemicals is burned. The resulting smoke can be filled with irritants or toxins and result in serious respiratory problems or even death.

Smoke inhalation can damage the body by simple asphyxiation (lack of oxygen), chemical irritation, chemical asphyxiation, or a combination of these. Combustion can use up the oxygen near the fire and lead to death when there is no oxygen for a person to breathe. Smoke itself can also contain products that do not cause direct harm to a person, but they take up the space that is needed for oxygen. Carbon dioxide acts in this way.

Combustion can also result in the formation of chemicals that cause direct injury when they contact the skin and mucous membranes. These substances disrupt the normal lining of the respiratory tract. This disruption can potentially cause swelling, airway collapse, and respiratory distress. Examples of chemical irritants found in smoke include sulfur dioxide, ammonia, hydrogen chloride, and chlorine.

A fire also can produce compounds that do damage by interfering with the body's oxygen use at a cellular level. Carbon monoxide, hydrogen cyanide, and hydrogen sulfide are all examples of chemicals produced in fires that interfere with the use of oxygen by the cell during the production of energy. If either the delivery of oxygen or the use of oxygen is inhibited, cells will die.

Feel free to go to the following web page on Texas Smoke Inhalation Claims for more information.

The Insurance Industry Reaps Huge Profits at the Expense of Claimants

noreply@blogger.com (Jason S. Coomer) — Tue, 21 Aug 2007 22:10:00 +0000

The Insurance Industry including Allstate, State Farm, Farmers, USAA, and Progressive have made billions of dollars over the past several years. These record profits have occurred despite many Americans suffering huge losses from major hurricanes and other disasters. A main reason for this profitability in the insurance industry is the aggressive procedures Allstate and many insurance companies have installed to deny and delay paying claims. This tactic of denying and delaying payment of claims has helped the insurance industry to obtain over $44 billion in profits in 2005 and what looks to be almost $60 billion in profits in 2006. It also has taken money from Texas families and businesses that have suffered the loss of a loved one, serious injuries, loss of home & possessions, or covered business losses.

Despite huge profits the insurance industry continues to find ways to not pay legitimate claims. CNN recently did a news story on All State and Farmers Insurance strategy of Denying, Delaying, and Defending all small claims regardless of the validity of the claim. In Defending all insurance claims, they spend millions of dollars defending small claims in a hope that most injured claimants or damaged claimants will give up or accept a settlement of pennies on the dollar. As most injured people do not want to fight a large insurance company or have the resources to survive when they can't work or have lost their home or business, many people with legitimate insurance claims accept low settlements.

For information on Texas insurance claims, go to Texas Insurance Claim Lawyer Jason Coomer's Website.

Eminent Domain, Expropiation, Condemnation, and Public Takings

noreply@blogger.com (Jason S. Coomer) — Thu, 16 Aug 2007 21:43:00 +0000

Eminent domain is the inherent power of the state to seize a citizen's private property without the owner's consent. The property can be taken either for government use or by delegation to third parties who will devote it to public use. The most common public uses of property taken by eminent domain are public utilities, highways, and railroads.

Recently, the U.S. Supreme Court has largely given the "public use" requirement an expansive interpretation and has allowed takings of private property for conveyance to other private parties for "economic redevelopment."

What is Just Compensation?

The protection of the Fifth Amendment does not prevent a government entity from taking private property, but forces the government to pay "just compensation" for the property it takes. This issue is commonly disputed in the Texas courts as many governments want to pay as little as possible to take private land and most private landowners want to obtain as much as they can for their land. Most courts have held the fair market value of the condemned property to be the constitutionally required "just compensation." Its determination is a judicial question, and it is usually determined in a trial by jury, on the basis of the parties' appraisal testimony. In working with private landowners to prove up the value of their land, it is important for their eminent domain lawyer to work with them in obtaining a good expert for a land appraisement.

For more information go to the Eminent Domain and Public Takings Page.

Architectural Works Copyright Protection Act Claims

noreply@blogger.com (Jason S. Coomer) — Mon, 06 Aug 2007 18:50:00 +0000

Federal Copyright law protects architects that have had their work and designs stolen by builders and businesses. Through the Architectural Works Copyright Protection Act (AWCPA), an architect whose work was stolen by a builder can seek damages for infringing structures. In some copyright claims under the AWCPA, architects have claimed that their designs have been stolen and hundreds of homes or other structures have been built using their designs. In pursuing the a copyright infringement claim, the business that stole the design can be made to pay for each infringement.

For more information about an Architecture Copyright Infringement claim feel free to go to copyright lawyer, Jason Coomer, Law Office's Architectural Works Copyright Protection Act Claim Page.

Engineering, Architectural, and Design Malpractice Claims

noreply@blogger.com (Jason S. Coomer) — Mon, 06 Aug 2007 18:42:00 +0000

Engineering, building, and architectural malpractice can lead to devastating accidents including a building collapse, bridge collapse, plant explosion, or dam burst. These accidents can cause catastrophic damages, severe injuries and even mass deaths. In living next to large dams and industrial plants or driving on bridges and using large building, we need to have them design and built correctly. Cheap building products, defective building practices, negligent designs, or short cuts taken in the design or building process are all examples of engineering, building, and architectural malpractice that can lead to a serious accident and extremely dangerous situations.

For more information on malpractice claims go to the following malpractice claim or design malpractice claim pages.

SSRI Birth Defect Claims

noreply@blogger.com (Jason S. Coomer) — Tue, 31 Jul 2007 23:10:00 +0000

Avoidable birth defects are one of the most devastating problems that can occur to a family and a new baby. Parents who should be celebrating the birth of a new child, are often caught off guard when their child is born with severe disabilities and often do not realize that someone may be responsible for the birth injury or defect including drug manufacturers that hid information about medications that can cause birth defects. The family is typically busy taking care of the child with the serious health problems and often does not know that the birth defect was preventable. When they discover the probable cause of the preventable birth defect they are often filled with anger and rage. To find out that their child will have permanent health problems or that they lost their baby because a drug company may have hid research and did not provide an adequate warning of a product's safety can be extremely difficult.

Some medications that have been linked to birth defects include Selective Serotonin Reuptake Inhibitor Antidepressants (SSRIs). Women that have taken SSRIs after the 20th week of pregnancy have been found to have babies with a 6-fold increased risk of developing persistent pulmonary hypertension, a life-threatening lung disorder. Infants with persistent pulmonary hypertension have abnormal blood flow through the heart and lungs and do not get enough oxygen to their bodies and may become very sick or die. For more information on potential Selective Serotonin Reuptake Inhibitor Antidepressant Birth Defect Claims, please go to the following SSRI Birth Defect Claim Information Page.

Texas Inheritance Law

noreply@blogger.com (Jason S. Coomer) — Fri, 27 Jul 2007 20:32:00 +0000

Traditional lines of inheritance are breaking down and many assets are being lost to the next generation. Many people with stocks, bonds, oil interests, jewelry, and real estate do not always keep a good inventory of their assets and unfortunately they often die or become incapacitated without telling their loved ones what bank accounts they have, where they keep certain assets, or what real estate, stocks, or other valuable assets they own.

Unlike in many movies and on television, there is often not a team of lawyers and investigators brought in to scour the globe looking for long lost heirs. It happens, but someone needs to get the ball rolling. Unless one of the heirs or a family member or family friend steps up and files a suit with a probate court, property can go unclaimed and become lost. Sometimes the government steps in to reclaim the assets, other times scavengers come in and take it.

An inheritance lawyer can help protect a person with assets from scavengers that come in and try to take estate assets. An inheritance lawyer can also help family members that live far away from a deceased or incapacitated loved one reclaim assets or clear title to property.

As a Texas inheritance lawyer, Jason Coomer helps families clear title to property and reclaim assets and their rightful inheritance. For more information on Texas inheritance law or Texas inheritance lawyer, Jason Coomer, go to the following website:

http://www.texaslawyers.com/coomer/texasinheritance.htm

Texas Will Contest Claims

noreply@blogger.com (Jason S. Coomer) — Fri, 06 Jul 2007 22:04:00 +0000

There are several reasons that a Will may be contested including 1) the Will was written under the influence from another person, 2) the Decedent was not of sound mind when the Will was written, 3) the Will is a forged or fraudulent document, 4) the Will is not up to date and leaves out children or does not take into account a divorce or remarriage, 5) the Will was not witnessed or signed correctly, and 6) the Will was improperly done and does not comply with Texas law.

Click here for information on Will Contests from a Texas Will Contest Lawyer

Asbestos Secondary Exposure Claims

noreply@blogger.com (Jason S. Coomer) — Thu, 21 Jun 2007 22:07:00 +0000

Many families along the Houston Ship Channel were supported by workers that were exposed to high levels of asbestos fibers. Many of these workers unknowingly brought asbestos fibers and asbestos dust home exposing their wives and families to toxic dust fibers that were inhaled. This secondary exposure has led to many secondary exposure claims. These secondary exposure claims are becoming more common in Texas especially along the Houston Ship Channel area as more and more wives and widows of asbestos workers are now coming down with mesothelioma and other asbestos diseases. If you are the spouse or family member of an asbestos worker and are experiencing severe symptoms including shortness of breath, coughing up blood, night sweats, swelling of the face, weight gain or loss, persistent chronic cough, you may want to be screened for asbestos diseases.

Please follow this link for more information on Secondary Asbestos Exposure Claims

Asbestos Product Dumping

noreply@blogger.com (Jason S. Coomer) — Thu, 21 Jun 2007 22:01:00 +0000

In addition to domestic exposure, some companies have taken asbestos products that cannot be sold in the United States and have sold the product in other countries. This product dumping of dangerous asbestos insulation, asbestos block, and other asbestos products can cause serious problems including mesothelioma, lung cancer, and other health problems. Texas companies that dump dangerous products in other countries and cause significant harm can sometimes be brought into the Texas courts to answer for their wrongful dumping and be made to pay money compensation for their wrongful acts.

For more information on Asbestos Product Dumping and Asbestos Products, go to the following web page.