Month: September 2016

Have You Had a Sports-Related Concussion?

Sports-related concussions can have serious long-term effects, and in many situations, you could be due a settlement for previous head injuries. To help explain how you could be eligible for an NCAA concussion case, we’ve built this infographic to dive into the details. For further information, and to start the process towards getting you compensated for a past head injury, please visit our NCAA concussion page or contact us today.

ncaa-concussion-infographic-v2

Concussion Lawsuit

Raizner Slania Files Concussion Lawsuit On Behalf Of Mississippi State Athlete

Raizner Slania filed a class action lawsuit on behalf of a former Mississippi State University football player against the Southeastern Conference (SEC) and the National Collegiate Athletic Association (NCAA) for their reckless disregard of the health and safety of student athletes.

During the course of a college football season, athletes can receive more than 1,000 impacts greater than 10g’s (gravitational force); many hits to the head can exceed 20g’s, with some approaching as much as 100g’s. While this amount of force might be hard to conceptualize, it is the equivalent force experienced by a person hitting the windshield of their car in an accident at 25 mph.

The plaintiff played for Mississippi State from 1974 to 1978 as a cornerback. During his time on the field, this former athlete was subject to countless concussive or sub-concussive hits, but was simply told to “shake it off.” The plaintiff was denied the appropriate medical treatment to reduce the severity of potential brain injuries.

As a result of his time playing for Mississippi State, the plaintiff now suffers from severe memory loss, chronic headaches, and other debilitating medical issues. The NCAA and the SEC failed to implement appropriate health and safety protocols that would monitor, manage, and mitigate risks associated with concussions.

The SEC is regarded as one of the most victorious conferences under the NCAA and is extremely financially successful. In 2015 alone, the SEC distributed $455 million to its fourteen member schools, including Mississippi State. Despite the financial success of the NCAA, its universities, and its conferences, very little care is taken to protect the wellbeing of the student athletes responsible for this success.

Raizner Slania: NCAA 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 today. The NCAA, its universities, and its conferences have a responsibility to provide the proper care after a student suffers a concussion during athletic play, not to be a silent party to their injuries. Our consultations are free and you won’t owe us anything unless we help you recover compensation for your injuries.

residential property damage

Denton and Tarrant County Hail Damage Lawsuit

Our client, a local property owner, was forced to file a lawsuit against Liberty Insurance Corporation after their hail and wind claim on two multi-million dollar residential properties was denied.

March 2016 Wind and Hail Storm

On March 23, 2016, the plaintiff’s two properties were damaged by a severe wind and hailstorm that swept through Denton and Tarrant counties. As a result, the roofs of both properties were substantially damaged. Immediately upon discovering the destruction, the plaintiff filed insurance claims with Liberty for damages caused by the storm.

In response to the claim, Liberty assigned each claim to local adjusters who were poorly trained for this type of claim. The local adjusters performed a haphazard inspection of the properties resulting in grossly undervalued damage assessments. The adjusters ignored obvious damage and refused to engage the appropriate consultants to evaluate the true scope of damage.

Liberty relied solely on the haphazard inspections of the local adjusters and represented to the plaintiff the damage was not covered under the policy, when in fact it was. Liberty has wrongfully denied one of the insurance claims, and has failed to inform the plaintiff of the decision regarding the second claim.

Liberty Violated Texas Insurance Law

Our client cites numerous violations of the Texas Insurance Code, including the failure to effectuate a fair, prompt, and equitable resolution of a claim, failure to implement reasonable standards for investigation, and failure to provide reasonable explanation for the denial of a claim, among others. Additionally, our client also cites violations of the Texas Deceptive Trade Practices-Consumer Protection Act.

Texas Wind and Hail Damage Attorneys

Although you may rely on your insurance policy to protect your property in case of a loss or disaster, your insurance carrier may not always be on your side. If your insurance carrier denied, delayed, underpaid, or disputed a Texas hail damage claim, you need an experienced team of insurance lawyers to help you get the compensation you deserve. Our attorneys have been extremely successful in obtaining fair compensation for the victims of insurance bad faith. Contact a homeowners insurance lawyer at Raizner Slania today to schedule a consultation to discuss your case.

bair hugger lawsuit

Raizner Slania Files Bair Hugger Lawsuit on Behalf of Texas Woman

Raizner Slania filed a lawsuit against 3M Company and Arizant Healthcare on behalf of a Texas woman who suffered severe complications due to the Bair Hugger Warming Blanket used during her hip replacement surgery.

In November 2014, the plaintiff underwent a total hip replacement surgery in which the Bair Hugger device was used during the scope of her procedure. As a direct result of the device, contaminants were introduced into the plaintiff’s open surgical wound and caused a periprosthetic joint infection (PJI). The infection was later identified as Methicillin-Susceptible Staphylococcus Aureus (MSSA).

As a result of the infection caused by the Bair Hugger device, the plaintiff was forced to undergo multi-staged removal and revisions surgeries, a placement of antibiotic spacers, irrigation and debridement of the surgical site, and antibiotic therapy. Ultimately, the plaintiff was discharged to a long-term acute care facility to receive IV antibiotics and nutrition support.

The severe infection caused the plaintiff substantial economic loss through both medical bills and lost wages. The plaintiff alleges 3M and Arizant failed to adequately warn her of the increased infection risk associated with the Bair Hugger system. Additionally, she claims the companies breached their implied warranty of merchantability and the companies fraudulently misrepresented the device.

The Hidden Dangers of the Bair Hugger

After a knee and hip replacement surgery, some patients develop serious infections from bacteria entering the body during surgery. Although the body is capable of fighting infections in other regions, joint infections are incredibly difficult for the body’s immune system to combat. Post-surgical deep joint infections often require an increased length of hospitalization, additional surgeries, the prescription of strong medications, and even necessitate the removal of the implanted medical device. In severe cases, the infection can even result in amputation.

Raizner Slania: Bair Hugger Infection Lawsuit Attorneys

Patients who developed an infection after a total hip or knee implant replacement within the last six years may be entitled to compensation. The experienced defective device attorneys at Raizner Slania are currently offering free, no-obligation legal reviews to individuals who may have suffered a hip or knee replacement infection due to the Bair Hugger warming blanket. Time limitations apply to medical device injury claims, so call the experienced defective device attorneys at Raizner Slania today.

smoke damage

The Dangers of Smoke Damage

People often think flames are the most damaging part of fires, but this isn’t always the case. Even small fires can cause devastating smoke damage, and most business owners are unaware of how dangerous smoke damage can be to their business.

After A Fire

Immediately after a fire is put out, a residue called soot covers all surfaces where the fire was located. For porous materials, the soot causes permanent discoloration. The atmosphere after a fire causes metal to rust, painted walls to yellow, and permanently stains any fabric. Soot can also cause a serious health threat to people. Breathing in soot can cause respiratory distress and other medical emergencies. To avoid long-lasting damage, clean up needs to begin as soon as possible.

The Hidden Dangers of Smoke Damage

Smoke damage is incredibly dangerous because the damage isn’t always obvious. Many items like furniture or fixtures may not look damaged, but contain smoke particles that can cause health problems long after the fire has been extinguished. Walls that appear to have been cleaned can have extensive damage just behind the surface.

Leave the Cleanup To The Professionals

Some business owners might think they can handle the clean up after a fire by themselves, but it takes a trained professional to properly restore the space. Cleaning smoke damage not only requires the appropriate safety measures, but also professional cleaners and equipment. Your commercial insurance policy likely covers the cost of professional clean up services, so to best protect your business from future damage, don’t clean up yourself.

Cleaning vs. Replacing

While some items damaged by smoke and soot can be cleaned, others will need to be completely replaced. Disputes can sometimes arise when insurance companies refuse to replace damaged items even though cleaning does not fully restore them to safe condition. To understand what needs to be cleaned vs. replaced, talk to an experienced professional such as an attorney or public adjuster.

Raizner Slania: Smoke Damage Claims Attorneys

The Texas smoke damage claims attorneys at Raizner Slania know the hurdles the insurance industry will put up in an attempt to mitigate their damages and costs. We will fight for the maximum amount appropriate for the situation and make the insurance company honor its obligations. Call us today for a free consultation to discuss your case. We work on all cases on a contingency fee basis, meaning you don’t owe us anything unless we help you recover compensation.

water damage

What To Know About Water Damage

There are a variety of ways your business might suffer water damage. From floods to putting out fires, water damage is a real threat to your business, and there are a few things you need to know to protect your investment.

Not All Water Damage Is Created Equal

You might think that water is just water, but to your insurance company, this is far from the truth. Unless otherwise specifically stated, flood damage and certain types of water damage are not generally covered under the same policy. While most commercial insurance policies will cover water damage, you will need an additional policy to cover flood damage. Many times, it matters how the water was discharged. Water discharge from some types of building systems can be covered, while it is not covered if the water came from a different type of fixture or system.

Don’t Forget The Maintenance

You might think a tiny leak from a pipe isn’t anything to worry about, but this is far from the truth. Gradual leaks cause damage over time, and if you don’t make any effort to fix the leak your insurance company might not cover damage associated with “continuous or repeated seepage.” Regular maintenance can ensure you avoid costly out of pocket repairs in the future.

The Clock Is Ticking

Do not waste time in contacting your insurance company after suffering water damage. Water damage has the potential to cause massive secondary damage if not immediately treated. In as little as 24 to 48 hours, mold can begin to grow and become widespread. Mold can cause serious health problems and is very costly to have removed, so clean up needs to begin as soon as possible.

Water Pollution Levels Matter

Water damage is categorized into three levels by the amount of pollution. Water with high pollution levels could cause serious illness or death if not handled appropriately. It’s important to keep in mind that while some water might start off without any pollutants, it might not stay that way. If there is any doubt about the level of pollution in water damage, leave it to the professionals.

Bad Faith Insurance Claims

Sometimes policyholders follow all appropriate steps when filing a commercial insurance claim, but their claim will still be denied. Some insurance companies, like surplus lines insurers, will often use bad faith tactics to avoid paying out costly claims. However, with the help of a skilled insurance attorney, policyholders can obtain the compensation they rightfully deserve under their policies.

Raizner Slania: Texas Water Damage Claims Attorneys

The experienced water damage attorneys at Raizner Slania have successfully obtained compensation for clients against some of the largest insurance companies in the world. If your business suffered water damage and your commercial insurance claim was denied, call us today for a free consultation.