Month: July 2016

denton county

Denton County Commercial Property Damage Lawsuit

Our client, an industrial buildings owner, was forced to file a lawsuit against The Cincinnati Insurance Company (Cincinnati) for wrongly denying damage claims caused by a hailstorm under Texas law.

May 2015 Hailstorm

On May 7, 2015, a severe hailstorm swept across Denton County. As a result, our client’s property suffered significant damage, including damage to the roof, HVAC, exteriors, and interiors of the property. Immediately upon discovering the hail damage, our client filed a commercial property damage insurance claim.

In response to the claim, Cincinnati assigned representatives, adjusters, consultants, and agents to the plaintiff’s file that were inadequately and improperly trained. Cincinnati assigned a local claims specialist who was not equipped to handle this type of claim. The claims specialist failed to perform a thorough investigation of the property, and failed to prepare his own estimates of the damages. Instead, the claims specialist relied on the estimate of a consultant who was biased and unqualified to assess this type of damage at this type of property.

The claims specialist refused to retain appropriate consultants to evaluate the claim, and as a result of the substandard investigation, the plaintiff’s claim was completely denied by Cincinnati. Because of this, our client was forced to retain an attorney to prosecute its claim for insurance benefits. Cincinnati’s denial of payment for necessary and covered repairs under the policy caused additional damages to the interior and significant economic impact.

Violations Of The Texas Insurance Code

Our client cites numerous violations of the Texas Insurance Code, including failure to effectuate a prompt, fair, and equitable settlement of a claim, failure to implement reasonable standards for investigation of a claim, and refusal to pay a claim without conducting a reasonable investigation.

Texas Bad Faith Insurance Lawyers

If your  insurance carrier  denied, delayed, underpaid, or disputed a Texas commercial property damage claim, you need an experienced team of property insurance lawyers to help you get the compensation you deserve. The bad faith insurance lawyers at Raizner Slania have extensive experience helping policyholders obtain their rightful payments from insurance companies. Call us today for a free consultation.

dallas county

Dallas County Wind and Hail Damage Lawsuit

Our client, a local hotel owner, was forced to file a lawsuit against the International Insurance Company of Hannover SE (Hannover) and Vericlaim, Inc. after its commercial property insurance claim was wrongfully denied.

May 2015 Wind and Hail Storm

On May 28, 2015, a wind and hail storm swept through Dallas County and caused significant damages to the plaintiff’s property, including damage to the roof, HVAC, exterior, interior, and more. Upon discovering the damage, the plaintiff filed an insurance claim under the policy with Hannover for damaged caused by the storm.

Hannover assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequately and improperly trained. Specifically, the insurer assigned the claim to Vericlaim, who in turn hired an adjuster to oversee the file. The adjuster was unqualified, and during an inspection of the property the adjuster overlooked obvious damage. After the haphazard inspection, the adjuster failed to prepare any estimates. Because of the adjuster’s inadequate inspection, the plaintiff was forced to hire its own consultant to evaluate the damages and point out obvious damages the adjuster ignored.

As a result of the adjuster’s inadequate, incomplete, and unreasonable investigation, the commercial property damage insurance claim was denied. Hannover’s refusal to pay for damages covered under the policy has caused a significant negative economic impact on our client’s business, worry, distress, and continuing economic and physical damage to the property.

The Insurance Carrier Violated the Texas Insurance Code

Our client cites violations of the Texas Insurance Code, including a failure to effectuate a prompt, fair, and equitable settlement of a claim, failure to provide a reasonable explanation for the denial of a claim, and refusal to pay a claim without a reasonable investigation, among others. Our client alleges that the insurance carrier acted in bad faith and violated the Texas Deceptive Trade Practices-Consumer Protection Act.

Raizner Slania: Wind and Hail Damage Attorneys

If your commercial insurance carrier has denied, delayed, or disputed your wind and hail damage insurance claim, the experienced Houston litigation attorneys at Raizner Slania can help. We’ve helped scores of policyholders get the rightful compensation they deserve under their policies. Call us today for a free consultation.

University of North Carolina

Lawsuit Filed Against The Atlantic Coast Conference and the National Collegiate Athletic Association

Raizner Slania has filed a class action lawsuit on behalf of a former University of North Carolina football player against the Atlantic Coast Conference (ACC) and the National Collegiate Athletic Association (NCAA). The ACC and NCAA failed to educate student athletes on the dangerous and long-term effects of repeated head trauma.

The NCAA governs more than 400,000 student athletes with the goal of safeguarding their well being both on and off the field. The ACC was established in 1953 to “maximize the educational and athletic opportunities that shape our leaders of tomorrow – in the classroom, in competition, and in life.” Despite the NCAA and ACC’s lofty proclamations, they put profits before the well being of student athletes.

While playing for North Carolina, an NCAA and ACC regulated team, the plaintiff repeatedly sustained head impacts in games and practices that resulted in concussions. In one particular practice, the plaintiff was holding a blocking dummy for another player to hit. Upon impact, the plaintiff was struck directly in the helmet and immediately felt different. The plaintiff suffered from impaired vision and struggled to distinguish colors. Later that evening, the plaintiff became drowsy and sick.

After the concussion sustained during practice, the plaintiff lost his ability to focus. While he had been an honors student in high school, his inability to focus caused him to fail many of his college classes. The plaintiff’s inability to focus became so severe that he would read a page in a textbook, but not remember anything about what he had just read. The inability to focus had such a profound impact on his life that he contemplated suicide. In an effort to obtain answers concerning his condition, the plaintiff decided to participate in a study conducted by Boston University’s CTE Center.

As a result of his time playing for North Carolina, the plaintiff now suffers from deficits in cognitive functioning, reduced processing speed, decline in attention and reasoning, loss of memory, depression, sleeplessness, and mood swings, among other issues.

NCAA Concussion Attorneys: Raizner Slania

The NCAA, its universities, and its conferences have a responsibility to provide the proper care after a student suffers a concussion during athletic play. If you or someone you love sustained a concussion while playing for an NCAA regulated football team, call the experienced attorneys at Raizner Slania today. Our consultations are free and you owe us nothing unless we can help you obtain compensation.

byu

Former BYU Football Player Files Lawsuit After Concussion Complications

Raizner Slania has filed a lawsuit on behalf of a former college football player against Brigham Young University (BYU), the Western Athletic Conference (WAC), and the National Collegiate Athletic Association (NCAA).

Nearly 100,000 students sign up to compete in college football each year. Overseeing an enormous number of student athletes, the NCAA, its conferences, and universities have a responsibility to safeguard the wellbeing of student athletes. However, BYU, the WAC, and the NCAA failed to protect athletes from the long-term consequences of concussions.

The plaintiff is estimated to have been subject to approximately 2,000 to 3,000 violent hits to his head during his time playing college football for BYU. The plaintiff was taught and encouraged to hit offensive players as hard as possible and to always lead with his head. This caused the plaintiff to be hit so hard he lost consciousness on a number of occasions, he suffered blackouts during games, and he had no recollection of the games afterwards.

Over time, the plaintiff began to experience long-term complications from the concussions he sustained during play. He developed anxiety and was eventually diagnosed with significant brain damage. He continues to suffer from numerous health complications.

During his time playing for BYU, he was never made aware of the short-term and/or long-term health risks associated with traumatic brain injuries (TBIs) and BYU never provided the appropriate health and safety protocols that would monitor, manage, and mitigate risks associated with TBIs.

BYU, the WAC, and the NCAA failed to implement return to play or concussion management protocols or policies to help protect student athletes from concussions. Unfortunately for athletes, complications from concussions often don’t manifest until years after they have played their last game.

Raizner Slania: Concussion Attorneys

If you or a loved one have experienced brain trauma as a result of a head injury while playing for an NCAA regulated team, please contact the attorneys at Raizner Slania. The NCAA has an obligation to protect student-athletes, not to be a silent party to their injuries. Our consultations are free and completely confidential. Call us today to see how we can help.

repeated concussions

College Football Player Files Lawsuit After Repeated Concussions

Raizner Slania has filed a lawsuit on behalf of a college football player against Stanford University, the PAC-12 Conference, and The National Collegiate Athletic Association (NCAA). Stanford, the PAC-12, and the NCAA failed to adequately warn and protect student athletes from the long-term effects of repeated head injuries.

The plaintiff played as a safety and wide receiver for the Stanford football team where he sustained several concussions during drills, practices, and games. In particular, the plaintiff sustained repeated blows to the head during practice his freshman year while playing on the scout team against the first string varsity players.

After each concussion, Stanford failed to provide any type of medical treatment. The plaintiff was sidelined until he could pull himself together and be put back into the game or practice. However, after these concussions, the plaintiff repeatedly suffered from memory loss and confusion.

During the plaintiff’s second year in college, he switched to playing offense where he sustained a severe concussion that knocked him unconscious and caused a compression injury to his cervical vertebrae that went undiagnosed for years. As the plaintiff continued to sustain head injuries, he began experiencing blackouts during games.

Over time, the plaintiff developed long-term symptoms of repeated head trauma and continues to struggle with memory loss, impulse problems, severe fatigue, sleeping problems, and other debilitating medical problems.

The NCAA is the governing body of collegiate athletics that oversees twenty-three college sports and more than 400,000 students athletes. According to the NCAA, “more than 1,200 schools, conferences, and affiliate organizations collectively invest in improving the experiences of student-athletes – on the field, in the classroom, and in life.” However, the NCAA, universities, and conferences failed to uphold this promise to many college football players who now suffer complications from repeated concussions.

Raizner Slania: NCAA Head Injury Attorneys

If you or someone you love sustained a concussion while playing for an NCAA regulated university or conference, you may have a legal claim for damages. Call the experienced NCCAA head injury attorneys at Raizner Slania today to learn about your rights. Our consultations are free and confidential, and you owe us nothing unless we help you recover compensation.

ncaa concussion attorneys

Raizner Slania Files Lawsuit On Behalf Of Former College Athlete

Last week, Raizner Slania filed a lawsuit against Wake Forest University, the Atlantic Coast Conference (ACC), and The National Collegiate Athletic Association (NCAA) on behalf of a former college football player suffering long-term complications from concussions sustained during play.

The plaintiff played for Wake Forest as a fullback and tight end where he sustained repeated concussions during drills, practice, and games. On several occasions, the plaintiff was hit so hard he “saw stars” and suffered from throbbing pains in his head, which in one instance resulted in a migraine headache that lasted for several weeks.

On one particular occasion, the plaintiff sustained a concussion that caused him to have difficulty sleeping, but he was required to continue playing. Shortly thereafter, the plaintiff was put into a football game even though he was suffering from a severe headache and was later sidelined due his injuries.

The plaintiff now suffers from memory loss, light sensitivity, mood swings, depression, dizziness, fatigue, headaches, sleeping disorders, and irritability.

College football players are subjected to more than 1,000 impacts greater than 10g’s (gravitational force) while playing football each season. This is the equivalent of hitting the windshield of a car crashing into a wall at twenty-five miles hour several hundred times during the course of each season.

The NCAA and its member institutions failed to implement protocols and procedures to protect student athletes from severe complications from concussions. Additionally, the Defendants failed to educate the plaintiff on the short and long-term health risks associated with repeated head trauma.

The NCAA and its conferences and universities have a responsibility to put their athletes’ wellbeing before profits. While collegiate football is a huge moneymaker for the NCAA and universities, very little action has been taken to protect athletes from complications related to concussions.

NCAA Concussion Attorneys: Raizner Slania

The NCAA, its conferences, and universities have a responsibility to look after the health and safety of their student-athletes. Contact Raizner Slania today if you or a loved one have experienced head trauma and neurological disorders as a result of a head injury while playing for an NCAA regulated football team.