Friday, October 11, 2013

Houston, Texas Uninsured or Underinsured Motorist Claims

Over 14 percent of drivers on the road today do not carry legally required liability insurance. Even drivers who do carry insurance sometimes only carry minimum limits, which may not be enough to cover all of the damages in an accident for which they're responsible. If the at-fault driver can't afford to pay out of pocket for the damages that insurance doesn't cover, you'll be left paying for them — unless you have Underinsured Motorist insurance, which covers situations in which the at-fault driver is underinsured.
Art. 5.06-1 of the Texas Insurance Code mandates that all automobile insurance companies doing business in Texas offer UM/UIM coverage as a part of the standard Texas Personal Automobile Insurance Policy, with the purpose being to protect those so insured against the negligent acts of “financially irresponsible” motorists.

Texas State laws surrounding uninsured or underinsured motorist insurance coverage are somewhat complicated in Texas; if you find yourself unable to recover financial compensation after a Houston, TX car accident an experienced personal injury lawyer can help guide you through the process and get you the best possible outcome. For more information about how to proceed in these cases and to recover money from your Texas uninsured or underinsured motorist insurance coverage contact us at or call 1-844-8LEGAL8 (1-844-853-4258) for a free consultation.

Wednesday, October 9, 2013

Product Liability and Defective Products Claims

Defective products cause more than 29.5 million injuries and around 22,000 deaths in the United States each year, according to the U.S. Consumer Product Safety Commission (CPSC).

Any manufactured product can be defective, however all accidents associated with the product are not necessarily grounds for personal injury lawsuits.

Products are evaluated by the following agencies:
  • The CPSC is responsible for approximately 15,000 types of consumer products, from baby strollers to coffee makers.
  • Department of Transportation handles automobiles and related products.
  • The FDA covers food, cosmetics, and drugs.
  • The Department of the Treasury monitors tobacco, alcohol, and firearms 
If a product is found to be unreasonably dangerous, the appropriate agency works with the manufacturer to institute either a voluntary or mandatory recall. 

Examples of Defective Products:
  • Design defects, ranging from defective harness systems on child car seats to hair dryers that dangerously overheat, cause million of injuries annually. These occur in the initial planning phase, before the product is created. Manufacturers often discover these defects after products have been distributed for sale and have to launch a recall. The problem with recalls, however, is that they often occur too late or product owners may not know of the recall.
  • Defective Manufacturing results from mistakes or problems that take place during production, and may affect only a few items out of many properly working products. Like products with design defects, products with manufacturing def ects are frequently recalled, albeit too late, in many cases.
  • Inadequate Testing is a common issue in safety testing. Many corporations test crashworthiness, safety belt effectiveness and other elements at only 40 miles per hour and only in front-end crashes, rendering these tests inconclusive. Other examples include silicone breast implants (long-term effects were not yet known at the time of FDA-approval), faulty electrical wiring, or inefficient child restraint systems.
  • Marketing Misrepresentation can include everything from confusing instructions to incomplete warning labels, such as those on prescription drugs.

For more information on defective product liability visit our website at

If you have any questions as to whether a defective product is indeed to blame for your injury, Brent M. Cordell specializes in product liability and can help you review the facts of your case, complete the necessary paperwork, understand relevant laws, and ultimately, receive the damages you deserve. Contact us at or call (713) 248-5265 for a free consultation.

Tuesday, October 8, 2013

Motorcycle and ATV Accidents- Houston Texas Personal Injury Attorney

An estimated 50,000 people are injured and 3,000 killed in motorcycle accidents every year in the United States. Because motorcycles are smaller and less protected than automobiles, they are more vulnerable to accidents.

Due to the increased susceptibility of motorcycles and the negligence of drivers on the road, motorcycle accidents often result in devastating injuries.
Many factors contribute to the frequency of motorcycle accidents including:
  • Motor vehicle driver negligence – this is the number one cause of motorcycle accidents.
  • Vehicle blind spots – Motorcycles are smaller than most vehicles and are often overlooked by careless drivers
  • Limited visibility – About 70 percent of all accidents occur at intersections because motorcycles aren't as visible due to parked vehicles, buildings, etc.
  • Unsafe vehicle maneuvers – including speeding, improper turning, and more
  • Motorcycle defects – accidents often occur as a result of cycle part defects or fuel system leaks
  • Road hazards – uneven pavements, potholes, debris, and puddles can all result in motorcycle accidents
In the majority of motorcycle accident cases, the negligent vehicle operator can be held liable for the damages suffered including medical bills, property damage, lost income capacity, and pain and suffering.
In some cases, highway officials may be found negligent if roads aren't properly cared for or maintained. Be sure to note that claims against the government are subject to specific guidelines.
Furthermore, if the motorcycle accident was caused by a defective cycle or auto part, the motorcycle manufacturer or repairer may be liable. It is important to bear in mind that all personal injury claims are subject to statute of limitations laws, which limits the time a victim of a motorcycle accident has to file a suit.

If you or a loved one has been seriously injured or killed in a motorcycle accident, it is wise to seek the assistance of a qualified personal injury attorney who will get you the compensation to which you are entitled. Please contact Brent M. Cordell today for a free consultation.

Medical Malpractice- Houston Personal Injury Attorney

Studies have shown that patients that have been harmed in medical procedures rarely sue for damages. According to a study by Harvard, only one in every eight instances of medical negligence actually has a claim brought against the medical professional or care facility responsible.
While it is unfortunate that people are injured when receiving health care, you should not expect to endure a life of pain and suffering because of someone else’s oversight or negligence. If you are hurt or made to suffer because of negligence you may be entitled to compensation for your distress and anguish.

There are many types of malpractice cases that can be brought against physicians, hospitals, and medical personnel. The following are a few examples of common hospital errors that can result in a medical malpractice case:
  • Birth Injury: The birth of a child is supposed to be a happy occasion but medical malpractice claims are often filed for the birth injuries associated with medical negligence: cerebral palsy, Erb's palsy, and brain damage.
  • Cerebral Palsy: Brain damage can occur due to a failure to diagnose metabolic conditions, Rh incompatibility, oxygen shortage, and other problems associated with labor.
  • Failure to Diagnose: A physician can be held accountable if a patient is treated for a disease he or she doesn't have and the treatment caused injury, or if the doctor fails to diagnose serious problems such as cancer or appendicitis.
  • Breast Cancer A medical malpractice case can be brought against physicians for failing to diagnose breast cancer in a timely manner. The top three reasons doctors fail to diagnose breast cancer are 1) they rely too heavily on a patient's age as a predictor, 2) they rely too heavily on negative mammogram results (even if the patient feels a lump), or 3) they do not believe a patient when she reports symptoms.
  • Lung Cancer Medical malpractice claims can be brought against physicians for failing to diagnose lung cancer, especially after chest x-rays or CT scan are performed.
  • Medication Errors: A medical malpractice case can be brought against physicians or a hospital for medication errors when handwritten prescriptions are illegible, when abbreviations are used on the prescription, or when two drugs with similar spellings are confused. It is estimated that medication errors occur at a rate of 30,000 to 180,000 per year.
  • Wrongful Death: Medical malpractice claims can be brought against physicians when a patient dies as a result of medical negligence or hospital errors. Wrongful death lawsuits are filed in an attempt to defray medical costs for the family of the victim. In addition, damages for lost wages, pain and suffering, and loss of companionship may be awarded.
  • Nursing Home Abuse: A medical malpractice case can be brought against people who are paid to provide care for elderly people in nursing homes but instead inflict physical, psychological, emotional or financial abuse, or are guilty of neglect.
  • Defective Drugs or Products: An individual suffering injuries caused by a defective drug or product may be entitled to damages from the hospital, doctor, manufacturer, or distributor. If the victim was not warned about the dangers of the product or if the product does not meet safety standards a medical malpractice case can be filed.
Once medical malpractice has been proven, it is necessary to show that the damage has been caused as a result of negligence. This may be difficult because the patient was already ill when the negligent treatment started. Typically, the medical malpractice lawyer will show the natural progression of the underlying condition and what the outcome would have been if the patient received proper treatment to establish what a difference the negligence made. The best thing to do if you suspect that you or a loved one has suffered negligence at the hands of a medical professional is to consult with a medical malpractice lawyer right away.

Nobody plans for errors in their medical procedures, but the reality is that they happen and you should not be left out in the cold if they do. They can lead to health complications, loss of quality of life, staggering medical bills, even long term care and you should not have to bear this burden by yourself. Brent M. Cordell is a qualified and experienced attorney and can help you receive the compensation you deserve.

Sunday, October 6, 2013

Business Torts- Houston Personal Injury Attorney

Business litigation involving tort claims can arise in many contexts, ranging from counterclaims in contract or employment litigation to shareholder rights disputes upon the departure of a key equity partner, executive, or professional employee. Tort claims can also figure significantly as an original claim or counterclaim in litigation related to the purchase or sale of a business or any other major event in the course of the operation of your business.
Business torts are civil wrongs that are committed by or against an organization, frequently involving harm done to the organization’s intangible assets, such as its business relationships with clients or its intellectual property. 
Misrepresentation is also a common type of business fraud, transpiring when one party intentionally falsifies a material fact in order to induce another party to perform or refrain from performing in a certain manner. In order to prove misrepresentation, the plaintiff must show that he or she relied on the defendant’s misrepresentation and was harmed as a result. Other types of business fraud include embezzling company assets, falsifying financial statements, and forging work hours.

Our firm handles torts that can arise out of the course of business or corporate relationships such as the following:

  • Business fraud, misrepresentation or nondisclosure
  • Tortious interference with contractual relations
  • Breach of fiduciary duty
  • Violation of confidentiality or non-compete covenants
  • Inducing employees to breach duties of loyalty and non-compete obligations
  • Defamation Misappropriation of trade secrets, customer lists or proprietary information

For additional information about our ability to help resolve your problem, visit or call Brent M. Cordell at 1-844-8LEGAL8 (1-844-853-4258) for a free consultation. We will use our experience, knowledge and resources to achieve the best possible results for you and your company.