Personal Injury: What You Should Know

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Don't let an accident impede your life. Call The Barrera Law Firm for a free personal injury consultation.
The holidays are finally here: that means fewer daylight hours and a greater need for vigilance on the road. Whether you’re driving biking or walking, the season of sharing is also the season of increased accident risk.

If you are unfortunate enough to become involved in an accident, the first thing you should do is talk to a personal injury attorney. Initial consultations are usually free and will help you understand your rights in the case.

It’s important to remember that early investigation of the circumstances surrounding the accident can make a difference. According to Injury Board.com, “investigators who get to witnesses have an impact on how and what they remember.” This means that if the defendant and/or that person’s insurance company talks to witnesses first, you  may lose valuable time recovering evidence that can help you.

Even if you think that you weren’t hurt—or hurt badly enough—to seek legal assistance, saying nothing so that you don’t have to deal with the extra headaches that come from being in an accident is never a good idea. You may get better: then again, maybe you won’t.

If you are lucky to walk away with just a small scratch, you’ll likely not have a claim and won’t get compensation. But you are much better off protecting your rights from the start so that you won’t run into any problems in the long run.

Talking to the personal injury lawyers at The Barrera Law Firm is an investment in your well-being. Not only will you get the best possible advice for your situation, you’ll also get the peace of mind that comes from knowing experienced legal experts are ready to fight on your behalf.

Pre-existing Conditions and Personal Injury Cases

If you have a pre-existing condition and have been the victim of a personal injury, don’t assume that you will be unable to claim fair compensation for damages.

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Determining the nature and extent of an injury is crucial before contacting an attorney.

According to Injury Board.com, “the law generally requires ‘reasonable proof’ as to losses sustained.” What this means is that if an injury has made your health worse or a condition you have more difficult to treat, “the courts will allow proof and verdicts for those damages.”

The law states that a defendant must “take the victim as is.”  In other words, even if the perpetrator of an injury had no knowledge of your pre-existing condition, that person is still financially responsible for any harm done to you.

Determining the exact nature of the injury is also a legal imperative. To establish whether an injury either caused or aggravated your condition, you will need to answer questions regarding whether you experienced any symptoms, sought any treatment or had any limitations before the injuring event.

If you developed a condition that you didn’t have before, then the defendant “must pay for the costs of you having [that] condition now.”  And if a condition you had worsened as a result of the injury, then the defendant  “must pay for the increased expenses” now associated with the maintenance of your health.

A pre-existing health condition could make your case more complicated, but that shouldn’t stop you from asserting your rights as an injured party. Contacting a competent attorney to determine the nature and extent of the harm done to you is the best first step you can take to guarantee a successful outcome to your claim.

The Risks of Risperdal Use for Males – and How to Fight Back

PillsHave you or someone in your family been prescribed Risperdal to combat symptoms of schizophrenia, bipolar disorder or autism? Have complications from use of that drug – including diabetes, weight gain, sexual dysfunction or gynecomastia (breast enlargement in males) – caused undue pain and suffering?

Then you may be entitled to a settlement from the manufacturer, Johnson & Johnson.

Evidence that Risperdal is a dangerous drug abounds. A 2006 study published in the Journal of Clinical Psychopharmachology, has linked it to increased levels of prolactin. This is a hormone that stimulates milk production and breast enlargement.

What concerns researchers about this particular finding is that the long-term effects of this hormonal imbalance – especially in children and adolescents and especially with regard to such issues as infertility, low mineral density in bones and pubertal delay – is not well-documented. These unknowns have caused them to conclude that Risperdal should prescribed “with caution” to the young.

Another recent study from the University of British Columbia has shown that an undeniable link between Risperdal use and breast enlargement in adult men. Researchers found that those taking Risperdal had a 7 in 10 chance of developing this condition than those who did not. They based their conclusion on a study of data retrieved from a US health claims database that contained information on about 1 million adult males.

The Food and Drug Administration has also issued numerous warnings regarding Risperdal. And to date, over 400 lawsuits have been filed against the manufacturer, which has spent billions of dollars already to quell allegations that it illegally marketed Risperdal, along with several other dangerous drugs.

Some of the other side effects of Risperdal include:

  • Production of milk from breasts (galactorrhea)
  • Pituitary tumors
  • Heart problems/attacks and irregular heart rhythm
  • Neuroleptic Malignant Syndrome (NMS)
  • Involuntary movement disorder (tardive dyskinesia)
  • Increased risk of death among elderly people with dementia
  • Pancreatitis

The Barrera Law Firm is committed to fighting for its clients’ rights. Our experienced legal team will review your claim at no cost. If we believe your case qualifies, we will work with you to ensure that you receive the settlement you deserve. Don’t let Risperdal destroy your life or the lives of your loved ones any further: contact us today!

Antipsychotics Linked to Sudden Cardiac Death

Doctor with RX prescriptionAntipsychotic drugs have proven to be one of the most profitable commodities of Big Pharma. In fact, Zyprexa has made Eli Lilly over $70 billion. It is sold at $12 a pill and is used by many state institutions and state foster care programs, at a steep cost to the tax payer.

However, a recent study has shown that Zyprexa, Risperdal, Haldol, and other antipsychotics dramatically increase the risk of sudden cardiac death (SCD). In fact, the Oregon Sudden Unexplained Death Study conducted by Dr. Audrey Uy-Evanado of Cedars-Sinai Medical Center in Los Angeles found that individuals on these drugs tripled their risk of sudden cardiac death and that there is a direct link between these drugs and this fatal condition.

No one should have to die as the result of treatment with these drugs and families who have had a member do so should seriously consider bringing a legal suit against the drug manufacturer.

In order to be successful against Big Pharma in such a lawsuit concerning, one would need to show that the medication was the cause of death and other factors must be ruled out or shown not to be the cause of death. Medical research now appears to back up such a claim.

Consumers need to be protected and drug manufacturers who allow such dangerous products to be on the market should be punished.

Are Mental Diagnoses Based on Racial Bias?

Is the model of mental health based on an idealist concept of an educated European American?

Portrait of BoyThe American Psychiatric Association publishes the Diagnostic Statistical Manual (DSM). First published in 1952, the DSM classifies and categorizes mental conditions it supposes are mentally ill or defective. Alisha Ali, PHD, from NYU, stated “The central issue underlying the problem of racial bias in psychiatric diagnosis is the dominance of a white, Western viewpoint in psychiatry. Because of this viewpoint, the kinds of behavior most likely to be considered normal in DSM classification are those that are acceptable within mainstream society.” Ali goes on to say, “Even the inclusion of a list of so-called “culture-bound syndromes” in an appendix of the DSM perpetuates this biased viewpoint, because a clinician applying such culture-bound labels is nevertheless expected to adhere to the DSM authors’ approach to diagnostic formulation.”

Washington Post reporter Shankar Vedantam wrote in a 2005 article, “John Zeber recently examined one of the nation’s largest databases of psychiatric cases to evaluate how doctors diagnose schizophrenia . . . [t]he scientist found that blacks in the United States were more than four times as likely to be diagnosed with the disorder as whites. Hispanics were more than three times as likely to be diagnosed as whites. Zeber, who studies quality, cost and access issues for the U.S. Department of Veterans Affairs, found that differences in wealth, drug addiction and other variables could not explain the disparity in diagnoses: “The only factor that was truly important was race.”

Should a Mexican American child be labeled as ADD if the child cannot learn to read and write in English well? Should a Mexican American elderly women be labeled “hyper-religious” if they communicate with God or the Holy Spirit? The questions are moot. This is already being done. There are no absolute tests and subjectivity can be hard to interpret. However, the numbers and case studies speak for themselves. Those who feel they are being racially discriminated should take a stand. Failure to racially assimilate is not a mental disorder.

Mirena IUD May Cause Injuries and Miscarriages

Woman in painThe Barrera Law Firm is currently investigating the T-Shaped Mirena IUD device, which was designed to prevent pregnancies. However, the device has been found to move out of place well after it was installed and may cause injuries, failures to prevent pregnancy and complications to pregnancy.

Mirena IUD Injuries

Mirena IUD injuries may occur when the birth control device gets out of place and causes injuries. When the Mirena device moves from its original location, it may cause a uterine perforation or uterine rupture. In such cases, the IUD may also move outside of the uterus, leading to intestinal perforations or obstructions, damage to other organs, adhesions, scarring, infection, infertility and pelvic inflammatory disease.

Failure to Prevent Pregancy and Pregnancy Complications

If the Mirena IUD migrates, it will no longer prevent pregnancy. Women who become pregnant with Mirena still in their body are at risk for ectopic pregnancy, miscarriage and sepsis.

Chemical Psychiatry and Adderall ADHD Drug Linked to Death and Injuries

Chemical psychiatry is a controversial idea in the medical community that any non ideal condition of the mind, whether temporary or long lasting, can be solved through prescribing a highly profitable and potentially dangerous pill.

The Barrera Law Firm intends to expose the fraud, abuse, and blood soaked profits involved in the widespread drug pushing of the controversial drug Adderall. In February 2006 an FDA Advisory Committee stated that ADHD drugs are being prescribed to too many children because the ADHD diagnosis is so controversial. Nearly 15 million Americans have been diagnosed with ADHD, many of whom are prescribed Adderall.

Adderall has been linked to sudden death and serious heart related problems. Side effects can include:Pills

  • Heart attack
  • Stroke
  • Seizure
  • Dyskinesia
  • Exacerbation of Tourette’s syndrome
  • Worsening of tics
  • High blood pressure
  • Hypertension
  • Arrhythmia

Adderall’s label currently warns, “Misuse of amphetamine may cause sudden death and serious cardiovascular adverse events.” Normal side effects of the drug include loss of appetite, difficulty falling asleep, stomachache, headache, weight loss, and dry mouth.

The FDA recently released findings demonstrating a possible link between Adderall and the deaths of 51 individuals taking the medication.

The Barrera Law Firm 956 428 2822 will provide a free consultation to persons or the families or representatives of persons who have been killed, injured, or have had their lives destroyed by Adderall.

Sale of Synthetic Drugs in Texas is Deceptive

Synthetics drugs are dangerous
Synthetics drugs are dangerous
Has your child (person under the age of 18) purchased and consumed Synthetic Drugs from a Smoke Shop or Head Shop? Is that child physically injured, mentally injured or dead as a result of the consumption of Synthetic Drugs?

Synthetic Drugs are known as bath salts, psychedelics, or synthetic marijuana and are advertised and labeled as “bath additives” or “potpourri” or “incense” or a number of other deceptive names. Some of the names of these drugs are K2, Spice, Skunk and Moonrocks.

According to the 2011 University of Michigan’s Monitoring the Future national study, one in every nine 12th-graders reported using this drug. Dr. Nora D. Volkow of the National Institute of Drug Abuse advises that these products have been reported to trigger intense cravings not unlike those experienced by methamphetamine users, and clinical reports from other countries confirm their addictiveness. They also have serious medical adverse side effects such as severe paranoia, suicidal thoughts, violent behavior, serious injury and even death. Also, these drugs can cause lasting brain damage. Some of these may be linked to the fact that, beyond their known psychoactive ingredients, the contents of these designer drugs are largely unknown, which makes the practice of abusing them that much more dangerous.

Possible Side Effects to Children From Synthetic Drugs:

  • Brain Injury
  • Death
  • Hallucination

Call the Barrera Law Firm at 956 428 2822 to find out if you or a loved one qualifies for compensation from head shops, smoke shops, and other individuals or organizations that contributed to your child’s injury.

How to Know When You Have a Personal Injury Case

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Don’t let an accident impede your life. Call The Barrera Law Firm for a free personal injury consultation.

One of the most frequent questions a personal injury attorney gets is “do I have a case?”

This is actually not an easy question to answer because a potential case requires investigation into how the incident occurred, whether negligent person/company as insurance and whether your injuries and damages are significant enough to present your case in a court of law.

Here are the three elements that comprise a personal injury case:

Fault/liability

In order to pursue a personal injury case, you need to prove that the person/company involved in causing your injuries was at fault or negligent. To establish this, we need to look at the factors surrounding the incident. For example, if your injuries came about as a result of a car crash, we will need to find witnesses to the accident to confirm that you were driving safely and/or had the right of way. If those witnesses cannot provide this information or say that you were yourself negligent, then your case will be difficult to argue.

Insurance coverage

Even if the party that injured you does not have insurance, you may still sue to obtain a judgment against them and then try to collect that judgment through a collection proceeding. Things are much easier if that party has insurance because the insurance company will usually try to settle your case first. If they are not successful, they will pay the judgment after a jury has rendered a verdict in your favor.

Damages/injury

The last major component to a personal injury case is the actual damage inflicted. If you wish to pursue your claim, it is imperative that she seek medical attention immediately after the incident to determine the nature and extent of any possible injury.  Waiting too to go see a doctor will more than likely cause your case to be negatively impacted. This is because a jury and/or an insurance company may not feel that you were not injured in the first place and are simply seeking extra compensation.

The attorney at the Barrera Law Firm will sit down with you and go over the details of your case point by point to determine whether or not you have a viable personal injury case. If you do, we will aggressively defend your rights in court and get you the settlement you deserve. Don’t wait any longer: call us for a free consultation today!

4 Truths from Fiction in Auto Accident Injury Lawsuits

Car accidentWhen it comes to auto accident law, it’s sometimes very difficult to separate truth from fiction. A big part of the problem comes from the fact that we live in world oversaturated by unfiltered information.  And that can lead to a lot of confusion, especially for those individuals who really are accident victims and don’t know where to turn.

Here are some of the more prevalent of those fictions and some truths you need to know if you’ve been involved in an auto accident:

1. Auto injury laws are the same in every state.

TRUTH:  Auto injury laws vary from state to state. For example, some states including Texas require that you purchase liability insurance while others do not. And where some states have no-fault laws, others (like Texas) follow the tort system where one driver is deemed to be at fault when an accident occurs.

2. Big settlements are easy if you have severe injuries.

TRUTH: Unfortunately, auto accident attorneys see courts throw out plenty of  cases where victims who had serious, life-altering injuries received no compensation.  And because the recession caused huge losses for many insurance companies, many auto insurance defense teams are becoming more aggressive about challenging injuries. Every case is different and a good attorney will never guarantee you a specific award.

3. If you hold out long enough, your insurance company will settle for a higher amount.

TRUTH: Many factors can affect an insurance company’s reimbursement offer.

These include:

  • internal company protocol;
  • the reputation of the victim’s attorney; and
  • the track record of the assigned judge.

By discussing your unique set of circumstances with a qualified auto accident lawyer, you can get a better understanding of the viability of your case.

4. Any personal injury lawyer can handle your case.

 TRUTH: The car accident laws in each state are subject to constant change.  This makes it difficult for attorneys who are personal injury lawsuit generalists to keep up with the latest developments in auto accident law. That’s why it’s crucial to the success of your case to select a lawyer who specializes in car, truck and motorcycle accidents.

Good legal advice will help you avoid the devastating loss of your medical benefits and ability to receive the best compensation for your pain and suffering.  At the Barrera Law Firm, you’ll find attorneys with up-to-date knowledge about Texas auto accident laws who will fight for your rights in court and get you the settlement you deserve. Don’t compromise your future.  Contact us today!

Photo credit: Bill Longshaw
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