The post A List of Aggressive Dog Breeds for Texas Residents appeared first on Packard Law Firm.
]]>So your neighbor decided to buy an aggressive 4-legged family member? Whether you view their dog as friend or foe, it’s helpful to know a little about dog breeds and which ones are considered the aggressive breeds in Texas.
So which dogs are on this list? Not every dog in the following list of breeds will be aggressive, of course, but if you or your child have been bitten by a dog that’s known to be aggressive, then the owners of the pet may have responsibilities for which they may be held liable.
The list in the next paragraph is a starting point for your research.
Below is a list of aggressive dog breeds in Texas, which is not meant to be exhaustive. But what it does is give you a starting point in your research of the potential liability of owners of pets who have bitten someone.
Some of the dogs that are considered aggressive are:
The neighbor whose dog has turned out to be aggressive will likely not be held responsible for everything the dog does. If you are trespassing, for example, or if you are provoking the dog, the dog owner may have a valid defense. If the dog is not of a dangerous breed, and if it has never been known to be aggressive, nor has it ever bitten anyone previously, there may be leeway given to the owner under the law. However, in general, your neighbor will be legally responsible in Texas for the damages caused by their dog if they knew or should have known that injury was reasonably likely to occur.
The “One Bite Rule” is basically a shift in the presumption, where the owner is now on notice that the dog is dangerous. What this means, in general, is that the owner is presumed to be on notice that their dog can pose a threat to biting someone after the dog has already bitten its first victim. So for example, let’s say your neighbor has a Poodle (genuinely believed to be mild and safe). But then, out of nowhere, suppose the Poodle goes into your backyard and bites you on the leg! Once the owner knows this information, then the owner is on notice of the risk. In general, this means that the owner is considered negligent if the Poodle subsequently bites another victim (subject to a few exceptions and defenses). The argument goes, “Well, maybe the owner reasonably believed the Poodle was safe before the first bite, but everything changed after the Poodle had in fact already bitten someone.” Accordingly, the owner has to take precautions (quite a few requirements, in fact) in order to reasonably safeguard against that risk.
There are a lot of nuances in the law, such as situations where there’s strict liability, on the one hand, and defenses the Owner may have on the other hand. So in this area of the law, obtaining an attorney is almost always in your best interest when there has been an injury. Fortunately, we have found that most homeowner’s policies cover dog bites, so making a claim for a dog bite usually means that your neighbor’s insurance will be required to pay compensation for injuries caused by negligent failure to take reasonable precautions.
The City of San Antonio has created a list of dangerous vs. aggressive behavior to better classify dogs.
A dog is identified as Dangerous if it makes an unprovoked attack while outside its pen and either injures somebody or makes somebody reasonably believe that the dog will attack and cause injury to that person.
A dog is identified as Aggressive if it behaves as described in the three categories of aggressive behavior below:
Level 1 aggressive behavior is when a dog, while in a pen and without provocation, acts to cause a person to reasonably believe that the animal will attack and hurt that person. Level 1 can also be reached if a dog is outside a pen and menaces, chases, displays threatening or unprovoked aggressive behavior or otherwise threatens or endangers the safety of another domestic animal.
Level 2 aggressive behavior is where a dog that is unrestrained causes physical injury to another domestic animal.
Level 3 aggressive behavior is established if an unpenned dog kills another domestic animal, or if it repeats Level 2 behavior after the owner is given notice.
Owners of a dangerous dog in the San Antonio area are expected to abide by several requirements: Requirements for owners of dangerous dogs, and are as follows:
The dog must be registered and annually updated with a dangerous dog permit. The dog must also wear a collar at all times that can be seen from 50 feet away, indicating that it is a registered dangerous dog.
The owner is required to post at least two signs indicating that there is a dangerous dog on the premises. They must maintain an approved enclosure for the dangerous dog, and when outside the enclosure, the dog must be on a sturdy leash that is no longer than four feet and have a muzzle.
The dog must have a microchip at the owner’s expense and be spayed or neutered at the owner’s expense. (The owner must have proof of both of these items.)
The owner must complete a class on responsible dog ownership regarding dangerous dogs and allow an annual inspection of the house where the dog stays to ensure that the enclosure is sufficient.
If a dog owner violates municipal laws and ordinances regarding safekeeping of their dog, and that dog subsequently bites and injures a victim, then the victim has a strong case of “negligence per se.” This means that your burden of having to demonstrate prior dangerous behavior of that particular dog may not be necessary to hold the dog owner responsible. It’s much like when someone, while driving over the speed limit, loses control and crashes into another car. It’s difficult for them to maintain that they were acting reasonably when they were violating the very law that was designed to protect people from the very thing that happened!
Overall, when your neighbor brings a dog into their home, it can be a joyous occasion and extend the love they already have in their home. But, as much as the pet is beloved, the law steps in to protect folks (especially small children) from the harm caused by dangerous dogs.
If you find yourself in a situation where you need legal representation regarding a dog incident or a dangerous dog, call our office at (210) 899-6142 to learn how we can best assist you. Let our family take care of your family!
The post A List of Aggressive Dog Breeds for Texas Residents appeared first on Packard Law Firm.
]]>The post What is Considered a Permanent Injury? appeared first on Packard Law Firm.
]]>The human body was not built for auto accidents. When a person’s back and neck go literally from stop to 20 miles per hour in an instant, permanent damage can happen. And even though we all think that we know what a whiplash injury can do, or even what a traumatic brain injury can do, there’s evidence that people understate the duration and the potential suffering that can occur, especially when undertreated.
We not only tend to downplay the severity of injuries caused by auto accidents, we understate the duration–the permanence–that can happen when it comes to the neck and brain. For example, if you’ve watched college football recently, you’ve probably noticed over the past few years that there has been increased emphasis on ejecting players who ram their helmets into the neck or head of opponents. Fortunately, there has been increased public awareness that there’s a far greater scientific basis for taking neck, head, and brain injuries seriously.
At the Packard Law Firm, we understand how essential it is to get in and see a Doctor for crucial evaluation, diagnosis, and treatment options to minimize the pain and duration of accident-related head, neck, and back juries.
Why is treatment early and often crucial? Not only is science revealing how head and neck trauma can cause debilitating and long-lasting pain, but it’s also telling us that it’s imperative to get swift intervention and medical attention early on. Time is of the essence. Especially with head trauma, early intervention provides options that could slip away if not taken seriously. This is potentially good news for folks who are able to get in to see an appropriate medical professional where they can get diagnosed early and treatment underway quickly. The Packard Law firm will work with your physician and, if necessary, help find a specialist in order to achieve the desired goal of minimizing pain and maximizing swift recovery.
The rest of your life may have changed if you or a loved one has suffered a permanent injury. Permanent damage can inhibit your ability to work or experience life as you once knew it to be.
Hopefully, we will see you recover, but either way, we respect how scary this time may be for you and your family. We are here to help you determine your options and how we can best assist you moving forward.
A permanent injury refers to trauma, tissue damage, or other damage to your body that doesn’t fully recover. Medical staff will sometimes refer to a point of recovery as your maximum medical improvement, meaning further improvement surrounding the specific injury isn’t likely or expected. Sometimes, any permanent damage is mild, of course, and this is what you pray for.
However, some injuries, even though you believe that you have recovered significantly, stick around. You discover this when reinjury doesn’t merely cause a new injury, but rather it exacerbates the original, plus causes new damage. Put another way, the body has a way of masking tissue damage and brain damage sometimes by enabling you to return to your previous subjective experience in your life while at the same time being extremely susceptible to aggravation upon re-injury. It’s as if your brain puts you on “probation,” giving you an opportunity to feel mostly comfortable, even though recovery has not been at all complete. This is a blessing in a way, but it requires one to be wise and alert to the reality of what’s happening, literally under the skin. For this reason, early detection and treatment are essential, even if you don’t believe you’ve suffered any harm.
It’s very important that when you suspect a possible permanent injury, you work with your medical and legal teams to not only obtain as robust a recovery as possible but also you can prove that your injury is permanent and, by so doing, obtain just compensation from the insurance company that covers the injury.
The kind of permanent injury you should look out for is the one that often goes underdiagnosed or under-treated. At the same time, Lost limbs or amputations are perhaps the most obvious forms of permanent injuries, as are things like blindness and paralysis. The more common ones are permanent injuries that are more challenging to establish and prove in a personal injury or disability case.
Traumatic Brain Injury, or TBI, caused by a violent jarring of the head or a significant blow to the skull, is an injury that may need to be tested, especially when symptoms are suspected early on.
TBIs are common in car accidents and even slips and falls. Conditions such as frequent headaches, depression, or other disabilities are common with TBI. Because these conditions often exist in folks without TBI, establishing causation becomes one of the most important parts of the job of any qualified attorney. That is, one of the legal burdens that a TBI sufferer is charged with is to show that the mental, emotional, or physical symptoms are a result of the auto accident and not something else. There are numerous ways a skilled attorney can help you understand whether this is likely, whether and why it’s just and fair to establish it, and how to do it.
Spinal cord injuries are also notably hard to detect and diagnose because they affect everyone differently. For similar reasons, establishing causation –that the damage to the spine — was brought about by the negligence of the other driver. And because spinal cord injuries can cause chronic pain in the back and neck and permanent loss of range of motion, these often fall in the permanent injury category, and establishing causation will often make a huge difference in what you will typically recover monetarily. If you do have injuries caused by the negligence of another driver, the Packard Law firm has attorneys who understand and fight to establish clear causation.
Symptoms of damage to the brain can take on forms common to mental illness, which is why establishing the connection between the auto accident and the condition is so paramount. For example, PTSD symptoms can be attributed to injuries, including TBI. Also conditions such as Paranoia, depression, anxiety, difficulty concentrating, and self-isolation, have been known to follow TBI caused by auto accidents.
Most of the time, establishing proof of the permanent condition, including the measure of financial damages you have and will have to incur, is a matter of convincing the insurance company, which is achieved informally. However, we know that often, a fair result cannot be achieved without filing suit and if necessary, taking the case to a jury verdict. This is what we do, and we take pride in our willingness to try cases. In fact, a jury trial, or prospective jury trial, is the fulcrum upon which you can achieve balanced justice. It works if you have an attorney, like Packard Law Firm, ready to represent you all the way through appeal.
So, what happens in front of a jury? You demonstrate with testimony and documentation the extent, the cost, and the permanence of the injury. You establish and show how it was caused by the negligence of the other driver. Your attorney makes the demand of just compensation for past, present, and future injuries, including pain and suffering, lost wages, out-of-pocket costs, and similarly difficult-to-measure (but nevertheless real) general loss. All of this starts with an experienced legal team that works with medical professionals for an accurate and persuasive diagnosis, effective treatment plans, and evaluations from vocational and other experts. Jury trials are only a small percentage of cases, but it is what we do when a just settlement is not being offered, and it’s the service the Packard Law Firm takes pride in delivering.
If you suspect your injuries may be permanent, we are happy to evaluate your case. There’s no fee for the evaluation, and the visit is confidential. If you have been unable to obtain a satisfactory medical evaluation, time may be of the essence, so call us, and we will be happy to discuss options.
Remember, permanent injuries don’t just affect you; they affect your loved ones–those in your home. If you feel like your condition is being dismissed by the insurance company, if you suspect you may have TBI or another condition arising out of an auto accident, please know that there are people you can talk to at Packard Law Firm.
Financial recovery is part of achieving fairness. Based on your different capabilities, for example, since your injury, you may now require less strenuous work activity, which may then limit your potential income. You should recover damages that can be traced to the negligence of the other driver, and usually, the insurance company of such other driver is the party that actually pays. In addition, when the other party’s negligence causes the damages, your own UIM policy may kick in and pay any portion (up to the applicable limit) of any provable damages in excess of the policy limits of the other driver’s liability insurance. This can get complicated quickly when there are multiple vehicles, especially when there are numerous policies. For this reason, you should not go at this alone; we are determined to make sure you are better off at every turn when you have a team of legal professionals, like the Packard Law Firm, by your side.
Don’t settle for anything less than what is rightfully yours. Call us today at (210) 899-6142 to get started. We offer free case evaluations to discuss your options. We look forward to serving you.
The post What is Considered a Permanent Injury? appeared first on Packard Law Firm.
]]>The post Respiratory Conditions and Social Security Disability: Overcoming Breathing Difficulties appeared first on Packard Law Firm.
]]>Some conditions, like asthma, are easily treated with steroid inhalers that open up the pulmonary pathways in the lungs. Others are not.
Regardless of what diagnosis is affecting your breathing, a strong case involving this medical condition typically charts the following course:
Written By: Jacob Hugentobler, Hearing Attorney
Image Credit (Lungs): COPD Versus Healthy Lung, Wikimedia Commons, available at: https://commons.wikimedia.org/wiki/File:Copd_versus_healthy_lung.jpg
Image Credit (Heart): Coronary Artery Disease (CAD), Centers for Disease Control & Prevention (07/19/2021), available at https://www.cdc.gov/heartdisease/coronary_ad.htm
The post Respiratory Conditions and Social Security Disability: Overcoming Breathing Difficulties appeared first on Packard Law Firm.
]]>The post Hashimoto’s Disease (AKA Chronic Lymphocytic Thyroiditis) appeared first on Packard Law Firm.
]]>Our clients have reported symptoms such as feeling fatigue, memory lapse, alopecia, panic attacks, sugar cravings, weight gain, dry mouth, irritability, and long recoveries from common illnesses.
A strong case involving this medical condition typically charts the following course:
Written By: Jacob Hugentobler, Hearing Attorney
Image Credit: The Impact of Thyroid Disease on the Digestive System, Cary Gastro, December 15, 2022. Available at: https://www.carygastro.com/blog/the-impact-of-thyroid-disease-on-the-digestive-system
Image Credit: Hashimoto’s Disease, Cleveland Clinic. Available at: https://my.clevelandclinic.org/health/diseases/17665-hashimotos-disease
The post Hashimoto’s Disease (AKA Chronic Lymphocytic Thyroiditis) appeared first on Packard Law Firm.
]]>The post Neck Pain appeared first on Packard Law Firm.
]]>Regardless of the diagnosis causing your neck pain, a strong case involving this medical condition typically charts the following course:
Written By: Jacob Hugentobler, Hearing Attorney
Image Credit: Dr. Daniel Park, Cervical Spondylosis (Arthritis of the Neck), American Academy of Orthopaedic Surgeons (April 2021), available at https://orthoinfo.aaos.org/en/diseases–conditions/cervical-spondylosis-arthritis-of-the-neck
Image Credit: Injurymap, March 1, 2018, available at: https://commons.wikimedia.org/wiki/File:Neck_pain_illustration.jpg
The post Neck Pain appeared first on Packard Law Firm.
]]>The post Breast Cancer appeared first on Packard Law Firm.
]]>The breast organs affected by cancer have little relation to a woman’s ability to complete basic work activities–but the treatments we have to fight the cancer certainly do. Many judges are sympathetic to symptoms of nausea, headaches, vomiting, diarrhea, fatigue, dyspnea, and bodily pain that typically result from radiation and chemotherapy treatment.
Your challenge is to report your systems consistently when undergoing breast cancer treatment. A strong case involving this medical condition typically charts the following course:
Note: unless you have other severe medical problems that require lots of treatment too, then this type of severe MDI tends to run its course after 12-18 months. If this was the only medical problem that stopped you from working, then you should consider returning to work no earlier than 366 days after you stopped working.
Written By: Jacob Hugentobler, Hearing Attorney
Image Credit: Dr, Tan Chuan Chien, Breast Cancer: Symptoms and Early Warning Signs, available at https://cctansurgery.com.sg/breast-cancer-symptoms-and-early-warning-signs/
The post Breast Cancer appeared first on Packard Law Firm.
]]>The post Hearing Loss appeared first on Packard Law Firm.
]]>A strong case involving this medical condition typically charts the following course:
Written By: Jacob Hugentobler, Hearing Attorney
Image Credit: Types of Hearing Loss, Centers for Disease Control & Prevention (07/18/2022), available at https://www.cdc.gov/ncbddd/hearingloss/types.html
Image Credit: Recognize the Signs of Sudden Hearing Loss, Lakeshore Ear, Nose, Throat Center, PC, available at: https://www.lakeshoreent.com/recognize-the-signs-of-sudden-hearing-loss/
The post Hearing Loss appeared first on Packard Law Firm.
]]>The post Chronic Back Pain and Social Security Disability: Navigating the Process appeared first on Packard Law Firm.
]]>The more your lumbar spine wears out, the shorter time/distance you can walk, the less you can lift/carry, and the less you can do basic work activities. Medications may dull the pain, but not completely vanquish it. The quality and duration of your sleep may be affected by back pain.
Whether your back pain came about through injury or by gradual aging, it certainly helped contribute to why you stopped working.
Regardless of the diagnosis causing your back pain, a strong case involving this medical condition typically charts the following course:
Durable Medical Equipment: If you are having problems with walking around, then ask your provider to prescribe a cane or walker. Take it with you to every appointment–do not leave it in the car or at home.
Written By: Jacob Hugentobler, Hearing Attorney
Image Credit: Shantirehab, February 11, 2023, available at: https://commons.wikimedia.org/wiki/File:Post_3.jpg
The post Chronic Back Pain and Social Security Disability: Navigating the Process appeared first on Packard Law Firm.
]]>The post Coping with Hip Pain and Social Security Disability appeared first on Packard Law Firm.
]]>The soft-tissues, fluids, and cartilage present in these joints may break down over the course of a lifetime. For some of us working in desk jobs, the pain might be manageable. But for those of us working in career fields that are mostly standing and walking, the task of completing basic work activities can be impossible.
A strong case involving this medical condition typically charts the following course:
Written By: Jacob Hugentobler, Hearing Attorney
Image Credit: Understanding Hip Pain Pontchartrain Orthopedics & Sports Medicine available at: https://posm.org/understanding-hip-pain/
The post Coping with Hip Pain and Social Security Disability appeared first on Packard Law Firm.
]]>The post Understanding Vision Problems and Social Security Disability appeared first on Packard Law Firm.
]]>Complete blindness in both eyes is analyzed separately than monocular blindness.
Being blind in one eye is not enough to win a disability case (plenty of people work while wearing an eye-patch for medical reasons). But in combination with other conditions negatively affecting the body, you still may have a chance to build a strong case.
Regardless of what diagnosis is affecting your vision, a strong case involving this medical condition typically charts the following course:
Note: if you have applied for disability through Title II only, and were denied so many times that your date of last insured (“DLI”) expired, then you may still be eligible to apply afterwards if you become unable to work solely due to vision problems. This is because a worker’s DLI is usually extended by five years to account for vision problems that may arise after they stop working, but only for the purpose of proving statutory blindness.
Written By: Jacob Hugentobler, Hearing Attorney
Image Credit: Reasons for Blurry Vision Optical Masters available at: https://www.opticalmasters.com/reasons-blurry-vision/
The post Understanding Vision Problems and Social Security Disability appeared first on Packard Law Firm.
]]>