Monthly Archives: October 2013

4 Steps For Winning Your Child’s SSI Disability Case

Winning Your Child’s SSI Disability Case

Disability Claim Lawyer in San Antonio TexasThere seems to be a common misconception that it’s somehow easier to get SSI disability benefits for children than for adults.  However, as a San Antonio disability lawyer, it’s been my experience that it’s much harder to get SSI disability benefits for children.

This may be due, in part, to the fact that the majority of children’s disability claims arise from one or more of the following ailments:

  1. ADHD
  2. Asthma
  3. Learning Disabilities, or
  4. Seizures

The problem is that each of these impairments is very common in children, and except in very severe cases, it will be hard to show that the impairment rises to the level of a finding of disability.

For a child to be determined by the SSA as “disabled,” a child’s impairments must either “medically equal” or “functionally equal” one of the impairments found in the Listing of Impairments found in 20 C.F.R. § 416.924(d).  In order for this to occur, you must show that the child has a “medically determinable physical or mental impairment” that results in marked and severe functional limitations.    This is a very difficult burden to meet in the majority of child disability cases.

While children’s SSI disability cases can be challenging, our firm has had good results with child SSI cases.  In proving a child disability case, we use a 4-Step Evaluation Process.

Tips for An Accident Free Halloween in 2013

Halloween Safety Tips Provided by Texas Injury Lawyers at Barrus Law GroupEven in Texas, there is a nip in the air as Halloween is upon us.  For the kids, this is one of the most exciting times of the year – carving pumpkins, picking costumes, and of course – the loads of candy the come from trick-or-treating all add to the excitement of Halloween.  However, sadly, as a San Antonio injury lawyer, I have found that Halloween is one of the most dangerous nights of the year, especially for our youngsters.  As such, the Barrus Law Group offers the following safety tips to keep you and your children safe this Halloween:

  1. Proper Supervision – while Halloween is a lot of fun for the kids, adults tend to party it up on Halloween night as well.  And unfortunately, many irresponsible drivers will choose to drink and drive on Halloween, especially in San Antonio, which has an unusually high number of drunk driving related accidents each year.  As parents it’s important to keep our youngsters safe by offering proper supervision during trick-or-treating.  Keeping children inside of residential areas, and shuttling them across busy roadways is one way to help keep the kiddos safe.

Texas Jury Awards $650,000 To Women Who Underwent Unnecessary Hysterectomy

San Antonio Texas injury attorneys As Texas injury lawyers, we’ve come to realize that at some point in our lives, each of us will almost certainly experience some type of injury.  While each of us hopes that we’re never the victims of a catastrophic or debilitating injury, it’s almost certain that someone we know will suffer significant personal injuries.  In many cases, these devastating injuries are caused by the negligence of another person, in which case the victim or their family may have a personal injury claim for damages.

In fact, a Dallas Texas jury awarded Rosemarie Marin $650,000 due to the negligence of doctors in misdiagnosing her with cervical cancer.  Marin and her husband desperately wanted to have another child, but after being diagnosed with cervical cancer, the doctors strongly recommended that Marin have a hysterectomy due to the diagnosis.  Following the surgery, the doctor reported that there was no cancer found.

A Jury found that the doctors had acted negligently in failing to perform further testing before diagnosing Marin, and recommending she undergo a hysterectomy surgery. 

Gathering Important Evidence After a Texas Truck Accident

san antonio truck accident lawyers - barrus law groupThe laws and regulations that govern the trucking industry and truck drivers is extensive to say the least.  And, in a perfect world, these regulations help to keep both drivers and other passengers on the road safe.  As a San Antonio truck accident lawyer, I am very aware of the devastating impact these massive trucks can have when involved in an accident. And while the proper execution of these rules and regulations act to help keep everyone on the roadway safe, the rules and regulations are not always followed.  In fact, in order to show that these rules have been violated following a Texas truck accident, it’s essential to know what evidence to gather, and how to gather it.  In fact, your case may very well depend upon evidence that must be gathered shortly after the accident to keep the evidence from being lost or destroyed.

Texas Untouchables – How Texas’ Sovereign Immunity Laws Continue to Injure Texas Residents

San Antonio personal injury attorneys.As San Antonio injury attorneys, we handle a great deal of dog bite cases.   These cases tend to take an emotional toll on all involved, especially when a child is the victim of a vicious dog bite attack.   The emotional toll is exacerbated when the violent dog attack was 100% avoidable, but occurred because of the gross negligence of one or more persons.  This is even more devastating when the grossly negligent party was a county officer, such as a Bexar County Sheriff’s Deputy.

While many would think that a Bexar County Deputy would be held liable for an act of gross negligence that led to a vicious dog attack against a child, Texas law does not allow city or county officials, which includes Bexar County Sheriff’s Deputies, to be held accountable for acts of negligence, except in very limited cases.  In fact, in most cases, city , state, and county entities and their employees are immune from lawsuits – basically they are “untouchable” in most cases involving negligence.   In most cases, where a normal citizen would be held accountable for their negligence, Bexar County Sheriff’s Deputies get a free pass.

Harley-Davidson Clutch Defect Could Lead to Serious Motorcycle Accidents

Written by San Antonio Motorcycle Accident Lawyer Stacey M. Barrus of the Barrus Law Firm.

San Antonio Motorcycle Accident Attorneys - Barrus Law GroupHarley-Davidson has issued a recall of thousands of 2014 motorcycles due to a serious defect in the hydraulic clutch system.  The defect could lead to serious injuries because the defect is reported to cause the clutch to remain engaged while riding, which could prevent the rider from stopping the motorcycle, according to a press release from Harley-Davidson.  The inability to disengage the clutch could lead to serious motorcycle accidents, resulting in catastrophic injuries or death.

In fact, the defect is serious enough that Harley-Davidson has instructed dealers to stop selling the bikes, and is contacting customers to instruct them not to ride the bikes until the clutch defect can be fixed.

Under the recall, dealers will inspect the bikes and make necessary repairs.  Dealers are also proactively reaching out to those customers that purchased the motorcycles affected by the recall.  To learn more about the recall, visit motorcycle accident website:  http://www.thesanantoniopersonalinjurylawyers.com/san-antonio-motorcycle-accident-lawyer.html.

Source: The Business Journal, “Harley-Davidson recalls more than 29,000 ’14 motorcycles,” published in The Business Journal, 17 October 2013.

 

Shortage of Truck Drivers Leading to Increase in Eagle Ford Shale Truck Accidents

Written by San Antonio Truck Accident Lawyer, Stacey M. Barrus of the Barrus Law Group.

How common are truck accidents in Texas?  The answer to that question depends upon several factors, one of which is the area in which you live.  If you live in the Eagle Ford Shale area of South Texas, trucking accidents are fairly common, and have been on the rise over the last several years as a result of the Eagle Ford Shale oil and gas boom.

What’s more alarming, however, is that because truck drivers in the Eagle Ford Shale area are in short supply, trucking companies are cutting corners when hiring truck drivers – hiring truck drivers with poor driving and safety records.

san-antonio-truck-wreck-lawyer-eagleford-accidentIn fact, recently serious accident was caused by a truck driver who had several prior DWI convictions, and who had been drinking just before his semi-truck slammed into the rear end of a car stopped at a red light, seriously injuring every person in the car.

It makes you wonder what kind of trucking company would hire a driver with several DWI convictions on his record – especially when you consider that a 10 Ton big rig in the wrong hands can be a deadly weapon.  But, many trucking companies are hiring dangerous drivers because truck drivers are in high demand, and there is a shortage of drivers in the area.

Recently, a jury returned a verdict of $9.5 million for the family injured by this drunken eagle ford shale truck driver.  And, while the family continues to heal from their injuries, according to Kens 5 news, the truck driver, Johnny Raymond Rodriguez, is still driving big rigs in the Eagle Ford Shale Area.