Personal Injury
The
National Center for Injury Protection and Control reports
that 31 million people are injured in accidents every year,
and as many as 90,000 die as a result of these injuries.
Whether your injuries were caused by an accident, malicious
intent, or a defect in a product’s design, production or
labeling, you have the right to seek compensation for
economic and non-economic damages by filing a claim against
the party at fault.
Wrongful Death
A
“wrongful death” occurs when a person is killed due to the
negligence or misconduct of another individual, company or
entity.
In the state of Texas, wrongful death claims may be filed by
the surviving statutory beneficiaries, or the decedent’s
personal representative. The surviving statutory
beneficiaries include the surviving spouse, children and
parents of the deceased.
Truck Accidents
Truck
accident litigation involves claims against negligent truck
drivers and the trucking companies who hire them. Under the
law of Texas and most states, a driver of a large truck is
considered to have an even greater standard of care than
other drivers, because of the injuries that their large
trucks can cause. Collisions caused by a truck’s failure,
faulty inspection and upkeep, or a truck driver’s negligence
can lead to the most catastrophic injuries on U.S. roadways.
Car Accidents
Under
Texas and federal law, those injured in car accidents caused
by the negligence or recklessness of others are entitled to
file a civil action suit – called a “tort” – against those
who caused them harm. The plaintiff (claimant) files a
lawsuit against the party that caused the injury
(defendant). If negligence is proven, the defendant must pay
the plaintiff monetary “damages”.
Motorcycle Accidents
More than 285 people died in motorcycle
accidents in Texas during 2004 - and the numbers continue to
climb year after year. Motorcycle accidents are extremely
dangerous. Bikers have a higher risk for accident per mile
driven than any other drivers, and their injuries are more
severe than those sustained in a typical car accident.
Boating Accidents
In 2003, 198 boating accidents
took place in Texas, including 32 drownings.
Cruising TX lakes can be a pleasurable pastime, but
one that can also turn deadly when boat operators
fail to follow the rules of the water. Texas laws
prohibit operating a boat or other water craft under
the influence of drugs or alcohol. However, many of
the boating accidents that occur are a direct result
of alcohol abuse. Other accidents happen when boat
operators simply neglect to pay attention to proper
procedures, causing injuries to those nearby.
Drunk Driving Accidents
In Texas, it is illegal to drive a motor vehicle with 0.08
BAC (Blood Alcohol Content) or above – or roughly the
equivalent of drinking four drinks in an hour for a
170-pound man. At this legal limit, critical driving skills
are seriously affected, such as the ability to judge
distance and speed.
Refinery Accidents
The
most common causes of catastrophic explosions at oil
refinery, gas extraction, gas processing and chemical plant
facilities include improper maintenance; improper repair;
defective products; improper safety systems; violations of
industry codes, standards and practices; improper training
and operator error. These accidents can result in severe
injuries that in some cases could have been prevented: burns
(fire, steam and chemical); electrocution; chemical and
toxic gas exposure; explosive trauma; respiratory disorders;
falls and safety restraint failure; as well as wrongful
death.
Business Litigation
Barry
& Loewy LLP represents plaintiffs in a wide variety of
business disputes. These disputes typically involve breach
of contracts, deceptive trade practices, corporate fraud,
breaches of fiduciary duty and loyalty, unfair competition,
tortious business interference and real estate fraud.
Product Liability
Despite
the United States’ worldwide reputation for health care,
more than 2.2 million citizens are injured each year due to
adverse reactions and harmful side effects of prescription
drugs. Malpractice may exist if there is proof that a
healthcare provider placed their personal interests or that
of the pharmaceutical industry above the patient’s
interests.
Mesothelioma
Mesothelioma
is a rare, serious and aggressive cancer that normally
occurs in the lungs and is conclusively linked to exposure
to asbestos fibers. This exposure to asbestos typically
occurs in the workplace, and the disease has an extended
latency period – symptoms can sometimes take between 20-40
years to appear.
Employment Law
Texas
and federal laws are clear: workplace
discrimination is illegal. When it occurs, you may be
entitled to file a legal action against your employer. Some
cases stem from sexual
harassment by a boss or supervisor. Others involve
employment discrimination
over a worker’s race, age, disability or gender. A
wrongful discharge
suit can be filed when an employee is illegally fired or
demoted. Barry & Loewy LLP represents plaintiffs in all
types of employment lawsuits.
