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Tuesday, May 9, 2017

Miller Weisbrod Listed Best Law Firm in Dallas 2017 - D Magazine

Miller Weisbrod


Clay Miller and Les Weisbrod of Miller Weisbrod, LLP have been selected for D Magazine's Best Lawyers in Dallas list eight times. A nationally recognized firm, Miller Weisbrod has helped victims of personal injury, medical malpractice, birth injury, and defective drugs and medical devices pursue financial recovery for another's negligence that results in a serious injury or wrongful death. The firm has an impressive track record in obtaining multi-million dollar verdicts and settlements for victims and their families.

Miller Weisbrod has been named as a 2017 Best Law Firm by Best Lawyers®. Weisbrod has also been named, by Best Lawyers®, Medical Malpractice Lawyer of the Year for 2017 in Dallas. He has served as president of the American Association for Justice, formerly known as the Association of Trial Lawyers of America, and founded AAJ's Medical Negligence Litigation Group and Birth Trauma Litigation Group.

Concentrating on the representation of victims, Miller continually exceeds client expectations with his extensive experience in the field of catastrophic injury and wrongful death. He has repeatedly appeared on the Texas Super Lawyers list and has served as president of the Dallas Trial Lawyers Association.

Says Weisbrod. "We welcome visits to our website for details of our proven results and large recoveries."

Thursday, April 27, 2017

Exploring the other "Why" in Trucking Accidents: Trucker Health Issues

Last month, we focused on lack of sleep and fatigue leading to an impaired truck driver on the road. While fatigue is probably the leading cause of impairment in commercial truck drivers, untreated or unmanaged health issues can also lead to a dangerously impaired driver behind the wheel of an 80,000 lb. tractor-trailer.

Health issues have long been a concern of the trucking industry. As a result of the sedentary nature of the job, many truck drivers have serious and chronic health conditions that can affect their ability to operate a commercial vehicle, especially if the conditions are not properly treated or managed. When investigating the “Why” of an 18-wheeler case do not forget to explore the possibility of health issues as one of the reasons of why a wreck occurred.

Some of the common health conditions that can lead to an impaired driver include:
  • Untreated sleep apnea—leading to a fatigued driver
  • Uncontrolled diabetes—leading to a driver with altered mental status
  • Mismanaged high blood pressure—leading to a variety of issues including syncope (blacking out)
  • Lung or cardiac conditions—that can lead to a multitude of medical emergencies that can cause a wreck
The trucking industry has recognized sleep apnea as a pervasive condition throughout the industry that has contributed to an increased number of fatigued drivers on the road. There have been numerous studies about the effects of untreated sleep apnea on truck drivers and how this condition can lead to inadequate sleep. Make sure to inquire about not only pre-incident diagnosis and treatment, but post-incident diagnosis as well. We have found many times a wreck has led the driver (or even the company) to finally react to the previous signs of sleep apnea.

When exploring other chronic conditions as a causative factor of a wreck, consider subpoenaing the pharmacy records of the driver to see if they were filling prescriptions for medications necessary to control the condition. We have seen over and over, large gaps in the filling of blood pressure, diabetes and other medications for medical conditions that provide strong evidence of an impaired truck driver.

If it is possible to obtain a TRO or other “hold” on the cab of the truck, you may find a goldmine of evidence. We have found expired prescription bottles, prescriptions for conditions never disclosed before and other important evidence to aid in the proof of an impaired driver.

Obtaining medical records of a truck driver you suspect of being impaired by a medical condition is paramount. Many times this requires the use of an out of state subpoena which can be time and labor-intensive, but the results are often critical. The records may show the truck driver was warned of their condition and ignored the warning or recommendations for the treatment/management of the condition.

Below is clip from a case where we discovered the driver had been warned about having the symptoms of a serious cardiac/lung condition but failed to follow up with diagnostic testing and later “blacked out” while on the road but tried to blame the event on a coughing fit.

Miller Weisbrod handles tractor-trailer accidents resulting in serious injury and death all across Texas and the United States. We would welcome the opportunity to put our experience and resources to work for you and your clients through a variety of arrangements including referrals or joint ventures.   

  Les Weisbrod & Clay Miller

Miller Weisbrod is now reviewing and filing
Xarelto cases. 

If you know someone that
has been hospitalized for
any period of time due to
a bleeding event while on Xarelto, please contact us
for a consultation.

For more information 

click here.


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Wednesday, April 19, 2017

18-Wheeler Wreck in Rockwall Shuts Down I-30.

ROCKWALL, TX (CBSDFW.COM) — Traffic was stopped at the Fate exit on Interstate 30 in the city of Rockwall due to a major accident that claimed the life of at least one person.

Texas Department of Public Safety Officials say two semi-trucks and four cars were involved in the wreck.

Kyle Bradford with DPS confirmed that at least one person died in the wreck. He said — according to a witness — traffic was slowing and one semi didn’t slow in time and slammed into another vehicle causing a chain reaction. He said the person who died was in one of the passenger vehicles.

Assistant Chief Simmons with the Fate Department of Public Safety said he could confirm two others victims were taken to the hospital. No word on the nature of their injuries.

A dispatcher with Bravo Logistics who owns one of the trucks involved in the accident said they were aware of the accident but had no report on the condition of the driver.

Traffic was being routed off the highway at FM 3549 according to reports.

A Texas Department of Transportation camera on the west side of Lake Ray Hubbard shows traffic backup across the Lake Ray Hubbard Bridge. The Texas DPS was assisting Fate DPS in the investigation.

If you or someone you know has been involved in an accident, the experienced attorneys of Miller Weisbrod are ready to help. For a free case evaluation, contact us at 214-987-0005. #carwrecklawyers

Friday, January 20, 2017

Workplace Deaths at an 8-Year High

Workplace Deaths at an 8-Year High: When Workers' Comp is not the Sole Remedy

The Bureau of Labor Statistics recently released its annual report on work place fatalities.
The report revealed that workplace deaths have climbed to nearly 5,000 deaths. This is the highest number of workplace deaths since 2008. Workplace fatalities had been declining since hitting a peak in 2006.

Several interesting observations about the report: Men accounted for 93% of all workplace fatalities, the occupation with the highest number of deaths was truck driver (745 deaths), 903 Hispanic/Latino workers died on the job (two-thirds were foreign-born) which is the highest number from any other year, other than 2007 when the home building market was at its pre-crash high and 650 of the workplace deaths involved workers over the age
of 65.

Several factors have played a role in this decline during the last several years. First, the strengthening of government and industry safety regulations has provided workers with safer environments. Second, the economy following the crash of 2008 led to a reduction in building and manufacturing — two of the more dangerous occupations. As the economy recovers and the new President-elect promises to roll back government regulations, a likely consequence of both will be increased workplace accidents and fatalities.

Many employers carry workers’ compensation insurance in Texas. Under these plans, the employee is compensated regardless of fault and the employee’s family, in the case of death, receives partial income replacement benefits for various periods of time. The trade-off is the employee’s family cannot sue the employer for actual damages if the employee’s death was caused by negligence. This statutory immunity is granted by the Texas Labor Code.

What if a family comes to your office and their loved one has been killed on the job due to the wrong-doing of the employer, is the family limited to just workers’ compensation benefits? The answer is “Maybe Not.”
Here are the questions to ask:
  • Did the deceased employee leave a spouse and/or any children?
  • Was the death caused not just by negligence but by possibly “gross negligence” of the employer? (meaning the risk was known and the company ignored the risks despite this knowledge)
  • Is the gross negligence attributable to a vice-principal (i.e. manager/supervisor) or caused by conduct that had been ratified by the company (even implicitly) on previous occasions?
If the answer to the above three questions is “Yes” then Texas Law allows the surviving spouse and/or the children (but not the parents) of the deceased employee to sue the employer for punitive damages only. The Burden of Proof is high and the punitive damages are subject to a cap of 2 times the economic damages plus $750,000 of non-economic damages (so actual damages must be proven, even though not recoverable, for purposes of the cap calculation.)

At Miller Weisbrod, we have successfully handled dozens of cases involving the death of an employee caused by the gross negligence of the employer.

Examples of cases successfully resolved over the last year include the following fact patterns:
  • Employee killed when a house being demolished unexpectedly collapsed—the employer failed to have OSHA-mandated Engineering Survey completed prior to starting work
  • Employee’s death caused by a failure to control traffic during a highway construction project
  • Employee killed when a form fell on him at a manufacturing facility—employer failed to brace the form during maintenance activities despite warnings to do so
  • Employee’s died after a forklift carrying a wooden box being used as a work basket flipped over—the employer knew the 17 year old forklift driver had no experience and knew the practice was dangerous
  • Employee falls to his death when lifting up a piece of wood he believed was trash—the wood was covering a hole in a multi-story parking garage and was not marked or secured pursuant to OSHA regulations

If you are contacted by a family of a worker killed in a situation that involves wrong-doing of some degree, we would be honored to work on this case with you. We will put our resources to work in order to investigate the facts to determine if a gross negligence case can be made. While evidentiary and legal hurdles exist in these cases, we can put our experience and expertise to work to maximize the potential for recovery.

Miller Weisbrod, LLP is a national law firm specializing in catastrophic injury and wrongful death cases. Partners Clay Miller and Les Weisbrod have built the firm’s reputation with successful verdicts, settlements, appeals and favorable decisions across the country. With resources and finances available to take on the powerful interests that have caused harm, the firm is committed to providing quality representation for clients who are seriously injured and families of victims who are killed as a result of the negligence or misconduct of others.

Miller Weisbrod has offices in Dallas and affiliate offices in Houston and Austin. For more information call toll-free at (888) 987-0005.

Tuesday, June 21, 2016

Delayed 2015 Jeep Cherokee Recall in Question After Crushing Anton Yelchin

The 2015 Jeep Grand Cherokee that rolled backward down a driveway and killed the actor, Anton Yelchin, early Sunday was a model that Fiat Chrysler has recalled for a gearshift issue that has confused drivers, leading them to accidentally leave the car in neutral when they think it is safely in park.

Mr. Yelchin was killed after he got out of his Jeep and it rolled down his steep driveway, crushing him against a concrete-reinforced mailbox, a police spokeswoman, Liliana Preciado, said.

Mr. Yelchin’s Jeep was part of a recall by Fiat Chrysler
in April of almost 812,000
vehicles including the
2014 & 2015 Grand Cherokee models. That recall was prompted by an investigation by the National Highway Traffic Safety Administration, after complaints by car owners and reports of dozens of related injuries.
NHTSA: Preliminary Evaluation dated August 20, 2015

The National Highway Traffic Safety Administration (NHTSA) announced August 24, 2015 that it will open a preliminary investigation into 408,000 2014–2015 Jeep Grand Cherokee SUVs, after receiving several complaints about the vehicles rolling away after being shifted into park.

Currently, the NHTSA has received 14 complaints describing incidents where a Grand Cherokee has rolled away when the gearshift indicated Park. NHTSA’s Preliminary Evaluation paperwork indicates that five crashes and three injuries have been associated with the complaints. Rollaway incidents have occurred both with the engine running and turned off.
2014 and 2015 Grand Cherokees use a shift-by-wire gear selector that springs back to center no matter which gear is selected. According to The Detroit News, complaints filed to NHTSA indicate that the gear selector showed the vehicle was in Park in the incidents where an affected Jeep rolled away.

Fiat Chrysler has been a prime target of the government’s efforts to penalize automakers for lax safety practices.

Last year, federal regulators accused Fiat Chrysler of failing to conduct recalls and complete repairs in a timely fashion, and hit the company with $105 million in penalties.

The safety administration released a statement Monday evening saying, “This is the first fatality we’re aware of that may be related to this safety defect and vehicle recall.”

When a manufacturer fails to exercise proper caution or makes decisions it knows put American consumers in harm's way, the experienced attorneys of Miller Weisbrod, LLP, will be there to fight for the individuals and families who suffer.

Our lawyers at Miller Weisbrod, LLP are recognized as national leaders in the fight to hold the auto industry to account for the accidents, injuries and wrongful deaths that can occur as a result of corporate negligence or greed.

We believe that no minor cost savings should ever take priority over the lives of American consumers. Our capable attorneys welcome the opportunity to take on automakers who continue to make dangerous or defective vehicles.

The affected vehicles, which also include 2012-14 Dodge Chargers and Chrysler 300s, use an unconventional lever to shift the automatic transmission. Instead of moving to a different position with each gear, the lever returns to a center position. The driver must look at the shifter to make sure the proper gear is selected.

When the recall was announced earlier this year, the automaker said it was aware of 41 injuries related to the gear shift problem. Car & Driver

After the April recall, Fiat Chrysler said in a notice sent to owners that “a permanent remedy for this condition is currently under development” and that the automaker hoped to “finalize” it by the fourth quarter. It warned owners, in the meantime, to use the parking brake and to always check to make sure the vehicle was in the correct gear.

Since the recall was announced, the agency has received at least eight additional complaints from owners of Grand Cherokees who said their vehicles had rolled away and crashed, although no injuries were reported.

Contact Us
If you were injured or a loved one died in an accident and you believe an unsafe or defective vehicle is partly to blame, please contact our Dallas offices at 214.987.0005 to discuss your rights and legal options with an experienced trial lawyer.

We offer free initial consultations to potential clients nationwide. If you are calling from outside the DFW Metroplex, please use our toll-free line at 888.987.0005 or contact us by e-mail to schedule an appointment.