Glossary

18 Wheeler Collision - Collision between large, commercial trucks and automobiles can involve significant property damage and serious injuries, even death.  Large commercial trucks are regulated by both the State and Federal governments. It is important to hire a law firm that understands these regulations. Matters such as the condition of the tractor trailer and the logs kept by the driver are vital, and require in many cases immediate legal action to preserve this crucial evidence.  In these matters, a Board Certified Personal Injury Attorney can best preserve the evidence, protect your rights, and maximize your financial recovery from those responsible.

Amputations - Traumatic amputation is the loss of a body part (usually a finger, toe, arm, or leg) that occurs as the result of an accident or trauma. If you have suffered a traumatic amputation, your life will be forever changed, and  you will incur significant damages, including damages for physical impairment and lost economic opportunity. Experts are usually needed to fully evaluate the extent of the damages incurred. In cases such as this we are prepared to retain the best vocational rehabilitation and economic experts to assist with the recovery, to document and prove up these losses at trial.

Auto Collisions - Auto collisions account for more injuries nationwide than any other type of incidents.  Houston leads the nation in automobile collisions.  Our firm has represented thousands of clients in auto collision cases over the years.  Many of those cases involved drivers that were driving recklessly or violating traffic regulations, including drunk driving.  In these cases you need the assistance of a qualified Board Certified Personal Injury Trial Lawyer to assist you in receiving the maximum compensation allowed under the law.

Automobile Defects - Despite the millions of dollars spent in research to make vehicles as safe as possible, many cars and trucks are designed and manufactured with a focus on profits and not on occupant safety and protection.  Defective vehicles cause catastrophic injuries and deaths resulting from air bag failures, roof crush incidents, occupant ejections, fuel tank fires, and tire failures.  Ivey & Kadlec have an extensive team of experts and engineers available to inspect vehicles that are suspected to have safety defects.

Aviation Disasters - Regrettably, aircraft accidents are usually fatal. That type of disaster requires immediate legal action to preserve the evidence and to conduct a through investigation of the cause of the crash. Our firm can retain the most qualified experts to conduct that type of investigation.

Bad Faith Insurance Claims - Texas Law imposes specific timetables and legal obligations on insurance companies and their claims adjusters in handling first party claims.  Ivey & Kadlec sue insurance companies who deny claims and engage in bad faith insurance practices.  In these cases you need the assistance of a qualified Board Certified Personal Injury Trial Lawyer to assist you in receiving the maximum compensation allowed under the law.

brain injury - bump on the head

Dangerous or Defective Products - This area of the law is referred to as Products Liability. In a products liability case the legal liability of manufacturers and sellers is determined to compensate consumers for injuries sustained due to dangerous or defective products, including, design defects, manufacturing defects or marketing errors.  Preserving the defective product is essential to proving and winning your case.  In these matters, a Board Certified Personal Injury Attorney can best preserve the evidence, protect your rights, and maximize your financial recovery from those responsible.

Dental Malpractice - In Texas, dentists are governed by the Texas State Board of Dental Examiners. While this state agency can, in many cases, regulate errant dentist, there are often situations where a dentist may deviate from the standard practice of care. Often times those situations are considered to be negligent under Texas law. Our firm is prepared to hire the experts necessary to investigate whether or not your situation is, in fact, negligence, and if so to provide you with the legal representation necessary to pursue all damages caused thereby.

Disfigurement - In Texas law, disfigurement is defined as that which impairs the appearance of a person, or that which renders unsightly, misshapen or imperfect, or deforms in some manner. This is a recognized form of damage that allows a jury to make a monetary award for a sum of money that the jury thinks is appropriate to compensate an injured person for the embarrassment and hiding of the disfigured body parts. Our experience has shown that with a vigorous prosecution, we can maximize this type of recovery for our clients.

Dog Bites - Dog bites can result in a break in the skin, a bruise, or a puncture wound. In some cases a dog bite can produce disfigurement or a life-threatening injury. In Texas, a person must establish damages caused by a breach of a duty. A dog owner has the general duty to exercise reasonable care to avoid foreseeable injury to others. Whether the risk of injury from a dog bite is foreseeable depends in part on the owner's knowledge of the vicious propensities of his or her dog. Typically, a party must show that the dog owner knew or should have known of the dog's dangerous nature under a negligence theory.

Emotional Trauma - Claims for emotional trauma are considered claims for mental anguish damages.  In Texas, mental anguish damages are defined as a high degree of mental pain and distress that is more than mere worry, anxiety, vexation, embarrassment or anger.  This is often referred to as post traumatic stress disorder.  Often these damages arise when a person has suffered a significant physical injury.  Our firm will work with you to seek the maximum amount of damages allowed for both under Texas law.

Longshore Harbor Workers Compensation Act “LHWCA” - This Federal act (most recently amended in 1984) was designed to provide compensation for employees injured while working in U.S. navigable waters and adjoining structures including, but not limited to, piers, wharfs, terminals, building ways, dry docks, marine railways or other adjoining areas usually used by an employer in loading, unloading, repairing, dismantling or building a commercial vehicle or recreational vehicle over 65'. It is estimated that this act covers over 500,000 in the United States, including offshore workers and those in and around the Port of Houston, the Houston Ship Channel, and the Port of Galveston.

Loss of Affection - Claims for loss of affection are included under Texas law in claims for loss of consortium. A claim for loss of consortium is derived from the claim for injury and is based on the loss of love, affection, protection, emotional support, companionship, care and society that can occur when a family member is injured or killed. Typically, these claims are brought by the spouse, children and/or parents of the injured party.

Loss of Enjoyment - This type of damage is normally awarded as a part of the damages awarded for physical impairment. It is often considered a “hedonic” damage which refers the pleasure of life.

Maritime injuries - Maritime injuries are typically covered under one of two laws, the Merchant Marine Act (commonly referred to as the Jones Act) and the Longshore and Harbor Workers’ Compensation Act, which provide compensation for injured seamen (persons assigned to a crew of a vessel) and to land-based maritime workers injured on the job. These two acts are detailed in nature and require attorneys who are very familiar with the specific requirements of each, often requiring that the attorney be licensed in Federal court (in addition to the State court). Our office is well trained in these areas and our attorneys are fully licensed to handle these types of cases.

Medical Malpractice - These claims involve injuries due to negligence on the part of hospitals, physicians, nurses, and other staff members, generally referred to as Health Care Providers (HCP), as defined by Chapter 74 of the Texas Civil Practice and Remedies Code. HCPs include physicians, registered nurses, dentist, podiatrist, pharmacists, chiropractors, optometrists or health care institutions (HCI). HCIs include ambulatory surgical centers, assisted living facilities, emergency medical services provider, home and community support services agencies, hospices, hospitals, hospital systems, intermediate care facilities for the mentally retarded, nursing homes or end stage renal disease facilities. Negligence can include failing to diagnose a medical condition, prescribing or dispensing improper medications, surgical errors and other negligent acts or omissions by a medical professional.

Mental Anguish - Mental anguish damages are defined as a high degree of mental pain and distress that is more than mere worry, anxiety, vexation, embarrassment or anger. Often these damages arise when a person has suffered a significant physical injury. In Texas a person can recover damages for mental anguish in both the past and the future. In cases where there is no physical injury Texas law allows for the recovery of mental anguish damages in three situations: (1) cases involving intentional or malicious conduct, (2) cases involving the breach of a duty arising from a special relationship and (3) cases involving particularly disturbing events.

Mental Disability - In addition to physical injuries, people harmed by the negligence of others may also suffer mental disabilities. Mental disabilities are often associated with head trauma and closed head injuries. In cases like that it is important to retain not only medical experts but also experts in the field of vocational rehabilitation to fully assess the effects of the injury.

Motorcycle Collision - Often times motorcycle collisions are more dangerous than auto collisions and involve serious injuries or even death. The failure of automobile drivers to detect and recognize motorcycles in traffic is the major cause of collisions. This can include the driver of the auto not seeing the motorcycle before the collision or not seeing the motorcycle until it is too late to avoid a collision. Despite that fact, often times insurance companies are quick to try and claim that the motorcyclist is likewise at fault either in part or in whole, making it vital to hire an attorney to represent your interest.

Nursing Home Negligence - Nursing home negligence or abuse occurs when a nursing home causes injury through improper care or neglect. These injuries can include falls, sexual or physical abuse or injuries caused by patients being allowed to wander away due to inadequate security. Signs to look for include bed sores and injuries from the use of restraints. In many cases careless nursing staff members are also to blame. Our firm can help you and your family to protect the rights of your loved ones who are residents of nursing homes.

On the job injury - In many cases if you are hurt on the job and your employer is a subscriber to Texas Workers’ Compensation insurance, your rights are limited solely to the recovery benefits provided thereunder. However, if your employer fails to carry workers’ compensation insurance (a non-subscriber) or if there is a responsible third party other than your employer, you may have additional rights to recover damages for injuries. An attorney can assist you in making these crucial determinations and to fully assess your rights under the law.

Permanent Scars - Even with the best medical attention, many injuries produce scars. Scars are a long lasting reminder of an injury and may require further surgery to attempt to minimize the appearance of the scar, called a surgical revision. If you are injured and a scar results you are entitled to damages that can include both the medical costs associated with a revision or damages for the disfigurement caused by the scar.

Physical Disabilities - Physical disabilities caused by the negligence of another person or entity can lead to damages to loss of consortium, disfigurement, loss of earning capacity, medical expenses, mental anguish, physical impairment, physical pain and loss of services. The first step in ensuring that you get all of the damages paid to you that the law will allow is to hire an attorney to assist you. Our firm will work to recover all damages that Texas law will allow.

Plant Explosions - If you live or work in a location near a major chemical plant or refinery, the threat of an explosion is real. Plant explosion often occur do to negligent conduct on the part of the owners and operators. Often times these parties place profits over the safety of the people working in and living around these plants. If you are injured as a result of a plant explosion, we can help you to recover damages both for injuries to yourself as well as any damages to your property.

Premises Liability - Often referred to as a “slip and fall,” injuries sustained while on the premises of another may create a claim for legal liability. Both the legislature and the courts have enacted many reforms in this area of the law over the last ten years that have greatly reduced the type of claims that the law will allow. However, if you are injured as a result of a condition that poses an “unreasonable risk of harm” you may be entitled to recover your damages.

Professional Malpractice - In addition to medical and dental malpractice, many professionals are subject to similar claims involving the breach of a fiduciary duty. A fiduciary duty arises when a person is under a duty created by law or contract to act for, or give advice for, the benefit of another person upon matters within the scope of the relationship. These can include relationships will escrow agents, insurance agents, corporate officers, securities brokers and trustees.

Railroad Injuries - In order to protect workers from the extraordinary hazards associated with the railroad industry, the United State Congress enacted the Federal Employers’ Liability Act (FELA). FELA protects employees of railroads engaged in interstate commerce from injury or death caused in whole or in part by the negligence of any of the officers, agents or employees of the railroad.

Toxic Torts - Claims for exposure to toxic chemicals is often referred to as a toxic tort. Toxic torts include claims for injury as a result of exposure to substances such as asbestos, benzene, lead and other cancer causing substances. If you feel you may have been exposed to a chemical substances that is affecting your health, after seeking medical attention, you should consider your legal rights as well.

Workers’ Compensation Claims - If you are hurt on the job and your employer is a subscriber to Texas Workers’ Compensation insurance, your rights are limited solely to the recovery benefits provided thereunder. However, if there is a responsible third party other than your employer, you may have additional rights to recover damages for injuries. An attorney can assist you in making these crucial determinations and to fully assess your rights under the law.

Wrongful Death - In cases where your loved one has been killed as result of the negligence of another, you are entitled to recover all of the damages associated with that loss. While monetary damages alone cannot begin to heal the pain and loss associated with the death of a loved one, it can assist you and your family in beginning to rebuild your lives and to prepare for your new situation. Damages included in this type of claim include money for loss of earnings, support, love and affection, medical expenses, the pain and suffering endured by your loved one prior to death and loss of consortium. Despite the enormous loss associated with a wrongful death, the need to retain immediate legal counsel is real and waiting could be damaging to your ability to make a full recovery.