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Sandra Bland Wrongful Death Case Gets Official Trial Date

- Charles Argento

A trial date was set in a wrongful death lawsuit, filed in connection with the Sandra Bland case, during a federal court hearing in Houston in late December.

Bland’s case made national headlines and intensified racial tensions after she was found deceased in a Waller County jail cell in mid July 2015. Though an autopsy revealed the cause of death to be suicide, Bland’s family has widely disputed that finding, citing the belief that Bland would never have taken her own life.

While no cause for Bland’s alleged suicide is known, evidence has been revealed that details the events leading up to her death. Most notably, Bland, who was African-American, was seen on dash camera footage in a tense confrontation with a Texas Department of Public Safety trooper after being pulled over and refusing to put out a cigarette.

Court documents also reveal that the federal wrongful death claim was filed by Bland’s mother and estate. However, both the state of Texas and the trooper involved in the case have claimed immunity, and have filed motions requesting that the case be thrown out.

Currently, the trial connected to the case is expected to convene in January of 2017.

Filing a Wrongful Death Claim

Wrongful death can best be defined as the sudden loss of life due to someone or something’s careless actions, or inactions. These types of cases are most commonly seen in cases involving improper medical care or defective products, but can also stem from:

  • Premises liability
  • Auto or truck wrecks
  • Airplane accidents
  • Offshore accidents
  • Work-related incidents

The important thing to remember about wrongful death is that you must possess proper evidence that demonstrates that the party in question acted knowingly in a careless and dangerous manner. You also have to prove that the accident could have been avoided, had they demonstrated reasonable caution.

It is also important to note that not everyone can file this type of legal claim. Though laws vary on a state-by-state basis, typically these cases are reserved for kin. In the state of Texas, certain individuals are allowed to file a wrongful death claim – spouses, parents or children of the deceased.

If you or someone you know has lost a loved one to the negligent behavior of another person or entity in Texas, then you may be eligible to file a wrongful death claim in this state. In Houston and the surrounding communities in Southeast Texas, our attorneys are very experienced in handling wrongful death claims.

At Charles J. Argento, our skilled, accomplished, and compassionate attorneys understand that it is never easy dealing with the sudden passing of a loved one, and that’s why we work tirelessly on behalf of our clients to recover any and all potential damages.

Our firm is bilingual in English and Spanish, and we are happy to offer our assistance on a contingency basis, meaning you don’t pay any fees until we successfully negotiate your case.

To discuss your wrongful death claim with a member of our team, call us at (713) 225-5050.

Five-Truck Crash in Georgia Leads to Death and Injury

- Charles Argento

Late in December, one person was killed in a multi-vehicle accident involving a tractor-trailer on Interstate 75 in Georgia.

Eyewitness accounts revealed that the tragic accident occurred while southbound lanes were stalled with an accident involving two pick up trucks. That’s when:

  • A FedEx truck traveling northbound on the shoulder struck a stopped tractor-trailer
  • The collision caused the FedEx truck to jackknife, when it then struck another tractor-trailer
  • The driver from the first collision had pulled to the shoulder and exited the vehicle
  • The FedEx driver struck and killed the other driver

The FedEx driver was injured during the course of the crash, and was transported to an area hospital to be treated.

Though charges were said to be pending, authorities also revealed that they would conduct a follow-up investigation into the incident.

Truck Accidents

When it comes to large vehicles, like 18-wheeler trucks, the rules of the road aren’t the same. These types of vehicles (and drivers) require training and careful regulation, which is why both states and individual companies have specific guidelines geared towards driver and vehicle safety.

Unfortunately, accidents do happen. It is even more unfortunate that they are often caused by negligence of some sort, whether it is on the part of the trucking company or the individual driver. Perhaps the driver was not properly trained, or perhaps they had not followed the schedule to allow for preventative maintenance or adequate rest. All are some examples of negligent behaviors that can lead to truck accidents.

If you are hoping to prove negligence, you will need the help of an attorney. Typically, these types of claims require careful investigation, as there are a number of factors to examine, including training programs, safety materials, log books and GPS systems. And that’s just if a driver is part of a company. Many truck accidents involve independent contractors, or drivers who may not fall under any corporate entity.

If you or someone you love has been injured in a trucking accident, you may be eligible to collect damages or other compensation.

At the law firm of Charles J. Argento, our attorneys are highly experienced when it comes to truck accident litigation and investigation. Our attention to detail and commitment to excellence have allowed us to develop an unparalleled reputation when it comes to this area of personal injury law. Let us act as your personal injury advocate and negotiate on your behalf today.

We are happy to offer our services on a contingency basis, and invite you to take advantage of our free initial consultation to assess your case. We also have bilingual staff in Spanish, if necessary. To get started, call our office today at (713) 225-5050.

SXSW Crash Results in Premises Liability Claims

- Charles Argento

Two festival-goers have launched a $1 million premises liability lawsuit after a drunk driver crashed into a crowd at an Austin music event, killing four and injuring many more.

The victims are suing for medical expenses, lost wages and pain and suffering in the wake of the crash.

The collision occurred March 13, 2014, at the South by Southwest Music Festival (SXSW). The driver, Rashad Owens, was trying to escape from police when he careened around a barricade and plowed into the crowd. Four people died; Owens was convicted of capital murder and sentenced to life in prison.

Multiple people and organizations are being held liable: Owens, the man who loaned him the car, SXSW organizers, and the City of Austin. The victims allege gross negligence and premises liability.

About Premises Liability in Texas

Property owners have a legal responsibility to make sure their visitors are safe. When owners fail to keep their premises safe, are liable when people get hurt.

In this case, it is being alleged that SXSW organizers and the City failed to keep the premises safe, and are therefore liable for the injuries they suffered.

While the circumstances around this case are uncommon – drivers seldom plow into crowds on city streets – at Charles J. Argento we know that premises liability claims are all too common.

If you or your loved ones have sustained injuries on someone else’s property, you may benefit from a premises liability suit. Common incidents include:

  • Tripping on debris or objects
  • Falling down broken staircases or elevators
  • Slipping on spilled liquids
  • Falling on icy sidewalks or in poorly lit conditions
  • Injuring yourself because the property owner failed to warn you about dangerous conditions
  • Getting hit by falling objects or debris

Let our expert attorneys help you recover your lost wages or medical expenses and win compensation for your pain and suffering. We will work with experts to gather evidence, including security camera footage and witness statements; we will even recreate the incident to determine what really happened.

We want to build a solid case and win a meaningful settlement for you because we believe your health and your ability to earn a living should never be compromised by another person’s negligence.

Contact our Houston office at (713) 225-5050 to find out how we can help you pursue a financial settlement. We speak Spanish and English, the first consultation is free, and you will only pay if we settle the case on your behalf.

Avoiding Slip-and-Fall Accidents When Holiday Shopping

- Charles Argento

With the festive season upon us, it is more likely that most people will be out and about visiting friends and family, and, of course, gift shopping. At a time when decorations and lights adorn both businesses and homes, it is wise to be aware of tripping and slip & fall dangers.

We know that slip and fall accidents in particular can happen just about anywhere. For instance, a couple in Belleville is seeking damages against a Belleville gas station for injuries that were allegedly suffered by the wife after she slipped and fell on ice at the gas station.

The couple alleges that they were patrons at the Fuel Express station when the wife slipped and fell on an unnatural accumulation of ice that was located below a permanent canopy. The couple maintains that the defendants should have noticed this in advance and alerted patrons to the issue.

In addition to the victim’s claim for damages, her husband is also seeking damages for the alleged loss of consortium that was a result of the injuries to his wife.

Holiday Season Slip-and-Fall Accidents

It’s always good to be aware of the slip and fall dangers wherever you are, but during this festive season you should be even more vigilant, especially when shopping, dining out, and visiting friends.

When you slip and fall in another person’s property, proving fault in the case depends on whether the owner of the premises were aware of the danger, and allowed the dangerous condition to persist.

The court looks at different points to prove that the owner of the property is responsible for a slip and fall accident.

  • Could the owner of the property have prevented the accident?
  • Ought the property owner or his employee have known of the dangerous condition, or would another responsible person in his or her position have been aware of the dangerous condition and fixed it.
  • The owner of the property or an employee knew of the dangerous condition and did not attempt to fix it.
  • The employee or the property owner caused the dangerous condition (by either spilling some liquid or breaking the floor)

Reasonableness

You will have to show the reasonableness of the property owner’s actions. Here are areas to look at:

  • How long has the defect been present before the accident happened?
  • Does the owner engage in daily cleaning of the premise? Can he or she show proof of the same?
  • If the slip and fall accident happened due to tripping over something left in the place where you tripped on it, was there a legitimate reason to have the item there?
  • If your slip and fall accident happened for tripping on something left with legitimate reason to be there, did the legitimate reason still exist at the time of the accident?

Contact Us for Assistance

Your chances of being awarded damages for the fall of your loved one or yourself depends on the ability to prove responsibility of the accused, and there is no question that you need a experienced lawyer to help you prove your case.

Charles J. Argento is committed to helping you get a favorable settlement for your pain, suffering, treatment and recovery following your slip and fall accident in the Houston TX area. Your call is welcome at (713) 225-5050 to schedule a free consultation – we speak Spanish and English.

Texas Premises Liability Case Continues

- Charles Argento

A premises liability suit filed against Buffalo Wild Wings by a former waitress is continuing in Texas.

Amanda Beuhler filed the suit against RC Port Arthur after slipping on a freshly mopped floor in a Buffalo Wild Wings kitchen in December 2013. According to court documents, Beuhler stopped at the Beaumont restaurant to view her work schedule, but sustained a broken ankle after the fall.

In the suit, Beuhler maintains that the area was devoid of any warning signs, citing negligence on behalf of the defendant. However, the defendant filed an amended answer in June that suggested the waitress was the sole negligent party, as she was trespassing at the time and failed to exercise any ordinary care.

In addition to exemplary damages, Beuhler is seeking alleged past and future medical compensation, in addition to damages to cover pain, anguish, impairment, and lost wages.

Handling Your Texas Premises Liability Claim

Premises liability can best be defined as the state or federal statutes that help keep our environment safe, wherever we may be. This includes sidewalks, stairwells or common grounds surrounding the premises.

The most common form of premises liability injury is slip and fall. Typically, when injuries occur on, or at, neglected premises, victims suffer a range of injuries, including concussions or broken bones.

Premises liability laws specifically focus on those visiting the area, and how they sustained injury due to subpar property conditions. Such a visitor falls under one of three categories – invitee, licensee, or trespasser – and each has its own implications for determining neglect in the case.

For example, unlike an invitee or licensee, trespassers forego their right to safety because they have no right to be on the property in question. However, if a property does not adequately divert entrance with the appropriate signage or fencing, it is still possible that damages can be recovered.

The fact is, no two cases are alike. When it comes to handling these types of cases, you need legal representation that is prepared to take the necessary measures and build a rock solid case that helps yield the highest financial results.

The premises liability attorneys at Charles J. Argento believe your future should never be compromised by another’s negligent behavior. Our team of skilled and compassionate attorneys is committed to helping you build the strongest case possible. We offer our services on a contingency basis, meaning that you do not pay if we do not settle.

Let us negotiate your premises liability settlement. If you have suffered a premises liability injury, call our office today at (713) 225-5050 to schedule your initial consultation.

Both Spanish and English are spoken at our firm.

Houston ISD Bus Hit by Car on Field Trip, 34 Sent to Hospital

- Charles Argento

On October 29, twenty-nine students and five adults from Crespo Elementary were injured in northeast Houston when a car collided with their bus while on a field trip. According to Houston ISD officials, none of the injuries were considered serious.

The bus was traveling on FM 1960 and Woodland Hills Drive in Harris County when the four-door sedan rear-ended the bus. No immediate cause for the collision was known, and authorities did not indicate if speeding or another form of negligence was a factor.

The accident transpired near Old MacDonald’s Farm, an area petting zoo that has become a popular destination for local schools. Many of the adults traveling on the bus were parents of the students, and were on-site to accompany their children after the collision occurred.

According to the spokesperson for Memorial Hermann Hospital Northeast all 34 patients from the collision were discharged same day and in good condition.

Handling a Car Accident Claim

If you’ve ever been in a auto accident, then you understand how overwhelming it can be. Everything happens so fast, and those involved are usually quite shaken. The first thing to consider when dealing with any auto accident scenario is safety, but the second needs to be gathering necessary information and involving the proper authorities.

Even if it is a minor accident, it is important that you properly gather information and alert the police. The police can take statements and file a report, protecting individuals in the event that someone changes their story, as sometimes happens when one wants to file a false personal injury claim.

It is also important to remember not to admit fault at the scene of any accident. That means avoiding statements that indicate how the accident happened, the speed the vehicles were traveling at or other comments that suggest you are at fault. Such statements can be harmful and used against you by legal teams or insurance providers.

If you believe you have suffered a personal injury as a result of a bus or auto accident, it is important that you seek medical attention. No matter what, it is always best to consult with a healthcare provider after experiencing an accident, as many injuries may not result in physical pain or bleeding. Those suffering from personal injuries should then seek skilled legal representation.

The personal injury attorneys at Charles J. Argento have a long history of handling personal injury claims stemming from car accidents. Your future matters to us, and we are dedicated to helping you receive a full and fair settlement.

If you, or someone you care for, are in the Houston area and have been injured in a bus or auto accident, we encourage you to call our law office today at (713) 225-5050 to schedule your preliminary consultation.

Spanish is spoken at our firm and as we offer our services on a contingency basis, there are no fees until we successfully recover a settlement.

Recovering after a Car Accident in Houston

- Charles Argento

According to NHTSA statistics, Houston has the most traffic fatalities in Texas. Being one of the biggest traffic centers in the nation, Texas accounts for nearly 4 million people and an additional 1.6 million people from the neighboring counties. The Texas Department of Transportation reports that every two minutes, someone sustains an injury as a result of a car accident.

Unfortunately, most of these car accidents are as a result of negligence, being under the influence of drugs and alcohol, improper driver training, poor vision, and even fatigue.

Damages Suffered as a Result of a Car Accident

Car accidents can significantly change someone’s life. As a victim of a car accident, you may be unable to walk due to paralysis, you may suffer from brain injuries, or fatal internal injuries. Your non-fatal injuries may leave you unable to work as you did in the past.

Filling a Car Accident Lawsuit

Before pursuing any car accident injury case, it is vital to seek medical treatment and to engage the services of a qualified personal injury lawyer. Never speak to an insurance company before consulting your lawyer, as insurance companies can use any information they gather against you in court.

At Charles J. Argento we know that filing your case as quickly as possible gives us the best opportunity to find good evidence and witnesses.

The Houston, Texas statute of limitation is two years for car accident victims. This means that if you wait until after 2 years to file a lawsuit, you may be prevented from suing.

Having dealt with car accident cases for over 27 years, our firm has a solid reputation in the legal community and insurance companies know that we mean business every time act on our clients’ behalf.

After filing your lawsuit with the Texas State Court or federal court, the defendants are given time to respond to your complaint.

Your complaint states the facts relating to your car accident, your injuries, and the claims you are making. It also includes the amount of money you are seeking for compensation. Car accident cases can be either be settled in court or through or through a settlement out of court.

Are you or your loved one a victim of reckless driving? We invite you to contact us at Charles J. Argento today at (713) 225-5050 to arrange a free consultation. We will carefully listen to the unique facts of your situation and help you determine the best recourse in pursuing your car accident claim.

Car Driver Injured after Houston Truck Accident

- Charles Argento

The driver of a white Mercury Marquis was seriously injured following a recent intersection collision at Walnut Street and State Highway 35.

According to police reports, the accident occurred at 8 p.m. and firefighters from Pearland fire station were called to the scene to extricate the victim who was trapped. He was later rushed to the Memorial Hermann Hospital in Houston for further treatment.

A witness recalled seeing the truck driver, who suffered no apparent injuries, driving through the red light at the intersection before the crash occurred. Further investigations found no evidence of alcohol or drugs as possible factors in the incident.

Truck Accidents in Houston, Texas

According to the statistics released by NHTSA, Texas is one of the leading states when it comes to car accidents involving commercial trucks. Back in 2012, over 104,000 truck-crash injuries were reported. Out of this, 73% of those killed were occupants of other vehicles.

These statistics indicate that drivers in other vehicles are twice as likely to be injured compared to truck drivers.

Damages in Truck Accident Cases

Truck accidents may result in spine damage, nerve damage, broken ribs, and damage to your neck. Some injuries may not be visible immediately, but may arise later and cause serious pain and suffering.

At Charles J. Argento, we have a team available to guide you as to how best to seek medical treatment that will ensure that injuries you are unaware of are properly identified and cared for.

Filing a Truck-Accident Lawsuit

If you’ve been involved in a truck accident in this state, the first step is to get appropriate medical treatment from a Texas hospital or qualified medical practitioner. You can also get in touch with your insurance provider to find out if the medical treatment you’ll receive is covered under their policy.

The next step is to find an experienced personal injury attorney to start the financial recovery process. Houston’s truck accidents often occur as a result of improper driver training, negligence, lack of maintenance, and driver fatigue.

Most of these cases can be complicated and strenuous to manage. However, at Charles J. Argento, we have a team of qualified and experienced attorneys available to offer you legal advice on the best way forward. We research accident cases and collect any vital information needed to win your case.

Have you or your loved one been hit by a truck? Contact us today at (713) 225-5050 to schedule a free and confidential consultation. We will assess your case and advise you on your next steps.