Car Accident Claims: Comparative and Contributory Negligence

In a car accident case, comparative and contributory negligence are defenses that enact when time arrives to distinguish two main topics: The extent to which every driver was in the wrong for the crash How much economic liability, if any, every driver will assume for damages originating from the crash. In a normal car accident lawsuit, the plaintiff claims that the defendant’s carelessness or negligence brought about the crash and that the defendant should be held responsible for the plaintiff’s damages, including any injuries and vehicle damage.   In reply to the plaintiff’s claims, the… Read More

“Winter Mix” Causes Hundreds Of Accidents

car accident

Often Texans are mocked for making a big deal out of fairly mild winter weather conditions. Schools shut down, businesses close and buses stop running. Residents of other states might scoff upon hearing that this is all what results from just an inch of snow. However, because of Texas’ generally mild weather the state has little supplies for or practice in responding to harsher weather. Last night with temperatures dipping into record lows and a combination of snow and ice passing through most of Central Texas, an unsurprising 250 car crashes were reported. This “winter mix” brought both a… Read More

Imported Food Creates Product Liability Issues for US Companies

American consumers depend on other countries for much of the food they purchase every year. The US exports annually about $133 billion in food, the majority consisting of soybeans, corn, and meat/poultry; as well as importing food valued at $110 billion in fish, vegetables, and fruits. Imported foods can create product liability issues for any company that handles them, throughout the entire distribution network. The top food importers to the US are: Japan, China, and Mexico, even Peru and Colombia have more US-registered food facilities than many states. This imported food puts an unreasonable burden on the Food and Drug… Read More

Wrongful Death: Is Six Flags Liable When Someone Falls From A Roller Coaster?

A wrongful death case is going to trial in Tarrant County involving the death of a 52-year-old woman who was riding the infamous Texas Giant at the Six Flags Over Texas theme park on July 19th of last year. About two months after the incident, the victim’s immediate family filed suit against Six Flags Entertainment Corporation for the victim’s wrongful death. This was the same day Six Flags reopened the Texas Giant after they had performed their own internal investigation and failed to find any mechanical errors on the roller coaster. Six Flags is denying any liability for… Read More

FTC Makes Fooling Consumers Harder

The Federal Trade Commission took a stand against deceptive marketing practices, through a consent agreement with GeneLink Bioscience Inc., and a former subsidiary Foru International Corp., who agreed to stop making unsubstantiated claims about their supplements and skin care products. These products were advertised to enhance genetic disadvantages, by using DNA samples from customers to make unique nutritional treatments for conditions like diabetes, insomnia, and heart disease. In addition to the promises they were making to new customers, they were making up testimonials from “allegedly” old customers who were delighted with the results. The consent agreement requires that all advertising… Read More

Personal Injury Settlements And Special Needs Trusts

Accidents are indiscriminate, they can happen to anyone. People of all socioeconomic classes have accidents and suffer injuries because of the negligence of another. People who have a good income through a skilled job can suddenly find they are injured and unable to return to that line of work and enjoy that level of earning potential. It can take months, even years, to be compensated for an injury. Many people have no place to turn except to government programs that can assist them in keeping their family sheltered and fed. Under the law, everyone has the right to be compensated… Read More

What To Expect If You Are A Witness In A Trial

After months, or years, and several attempts at negotiating a settlement, a time comes when you need to move forward and take the case to trial. You might be the plaintiff or witness in the case, regardless, the testimony you give will have a significant bearing on the case. You are going to testify to some very important facts that need to be presented to the judge and the jury. At some point prior to trial, you may be summoned to attend a deposition, and if you are required to produce any documents with you, you will be sent a… Read More

What is the Damage Formula Insurance Companies Use In Personal Injury Claims?

Do you know how insurance companies determine the amount of damages they owe to an injured party in a personal injury lawsuit? Have you heard about a secret, mystical formula that they use to determine their payouts? Or maybe you’ve heard about computer programs that determines damage payouts. However, the formula used to calculate damages is no secret. But there are problems with it’s outcome. These problems are the result of a conflict of interests between the injured party and the insurance company. Insurance companies are known for trying to minimize their liability and payouts in personal injury claims. Insurance… Read More

Start Your Year Off With Proper Vehicle Maintenance

It’s that wonderful time of year again when change fills the air. We take some deep breaths in with the new and out with the old and we work our way into a new and exciting lifestyle of personal improvement (if you’re feeling skeptical about your commitment, read this blog). At the Loewy Law Firm Law Firm, we simply wanted to recommend that the first thing you should do this year is get on top of your vehicle maintenance. Not only is this a good investment for prolonging the lifespan of your car, but it’s an investment… Read More

What is Mediation in Personal Injury Lawsuits?

Are you involved in a personal injury case after a car accident or work related injury? When you are the victim of negligence or a car wreck that is not your fault, you’ll have to negotiate and make claims with insurance companies who are looking to minimize their liability and amount of money they have to pay out in a case. You’ll need a personal injury lawyer on your side most time to negotiate and work through the tactics adjusters use to minimize their liability. However, just because you hire a personal injury lawyer does not mean that your personal… Read More