Author: MichaelEhline

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Who Can Legally File a Wrongful Death Claim in Texas?

Written by MichaelEhline on November 29, 2024. Posted in Death Law Blog.

Were you permanently and forever separated from a decedent due to a wrongful act? Unless an exception applies, under Texas law, the surviving spouse, children, and parents of the dead person can sue for a death. There are limitations on a close loved one’s relationship with the decedent. The aggressive, charismatic lawyers at Ehline Law Firm Personal Injury Attorneys, APLC, will fight for you to help you and your family obtain the compensation you deserve if your loved one passes away due to negligence or a wrongful act.

This article attempts to explain the differences and a little bit about your rights to compensation as a wrongful death victim in Texas.

Civil or Criminal Charges?

When the unthinkable happens, and you lose your loved one because of the careless, negligent, or intentional act of another, it can be hard to move on. Criminal charges and penalties like prison time may be levied for the decedent’s death. Or the at-fault individuals may get away with killing the injured person criminally if the prosecution can’t prove the higher criminal standard for a jail conviction.

Hence, the surviving injured person or administrator of the decedent’s estate may be left with a civil Texas wrongful death case to recover damages (money) against the wrongdoer. Although filing a wrongful death lawsuit won’t replace what you have lost, it can certainly help ease the financial burden of lost support as you mourn and hold the party at fault liable for their actions.

This is one of the last things you can do to honor your loved one’s memory. If you have decided to pursue restitution and financial recovery, knowing what is required in Texas before filing a claim for an eligible claimant is essential.

Fortunately, experienced wrongful death attorneys can help you navigate the laws that govern these types of lawsuits on behalf of survivors like children and parents left behind. In this article, we’ll provide insight into wrongful death lawsuits to help you understand them better as you struggle with the pain and suffering of losing a loved relative and deal with the fallout. Schedule a free consultation today by calling us at (833) LETS-SUE.

Contingency Fee: We have too much respect for taking money unless we can get you a proper award. The person suemustto pay you, or we won’t collect a fee!

Our professional team can handle the most challenging cases to help you obtain significant justice in the form of monetary damages and possibly even exemplary damages like punitive damages on behalf of clients. We can even take over your lawsuit in Texas from a less competent individual who is causing you too much frustration to offer you greater comfort as you lick your wounds and heal.

What Is a Wrongful Death Lawsuit?

Before answering the question, “Who can legally file a wrongful death claim in Texas?” it might be helpful first to understand precisely what wrongful death claims are. Do you want to file a claim against the responsible party? To do this, it’s essential to look at what Texas law says when someone dies due to carelessness, unskillfulness, or default in some duty of care. Call us, and we can investigate your claims while you attempt to get your mind right while you are mourning your emotional and physical losses.

Texas Civil Practice and Remedies Code

Certain parties may file wrongful death lawsuits under Chapter 71 of the Texas Civil Practice and Remedies Code if another person or company’s wrongdoing, carelessness, gross negligence, or default brought about their family member’s death. This is how you compensate your losses and get what you are entitled to civilly for this type of incident.

Examples of Wrongful Acts

This implies that a Texas wrongful death claim may be made if a loved one is killed due to someone else’s recklessness, such as driving while intoxicated or distracted. It could also be medical malpractice committed by a physician or hospital, a defective product, or any other kind of wrongful act that caused the person’s injuries. If so, only a few parties are permitted under Texas law to file a wrongful death lawsuit against the defendant if unable to achieve a settlement in advance.

Who Can File a Wrongful Death Claim?

Only close, surviving family members may file a wrongful death claim under Texas wrongful death law. This typically includes certain members of the deceased’s household.

As noted above, those survivors eligible to initiate a wrongful death suit in Texas include:

Children
Surviving spouse
Parents of the deceased.

In some situations, an adopted kid who was legally adopted can also bring a wrongful death lawsuit. Moreover, the adoptive parents can also file a wrongful death claim for an adopted kid.

Note that these claims can be made as a single wrongful death action or by filing claims on behalf of the entire family.

Surviving Spouses

A spouse can file a wrongful death claim in the following circumstances:

If the marriage was legal or common-law
Even if the pair was not together when one of them died, or if the spouse had remarried after the decedent’s passing, they may still make a wrongful death claim.

Surviving Children

Children are also permitted to bring wrongful death claims under Texas law, provided they are biological or adopted children.

Surviving Parents

Biological and legally adoptive parents may also bring a wrongful death claim for gross negligence or a wrongful act in Texas. Remember that a divorced parent may also file a wrongful death lawsuit.

Can Siblings File Wrongful Death Claims?

Sadly, Texas law does not allow siblings to bring a wrongful death suit in the state. The siblings are not included in a claim if they are joined by the surviving spouse, children, or deceased parents. Unfortunately, one of the parties must make a wrongful death claim.

Apart from Siblings, Who Cannot File a Wrongful Death Claim?

According to state law, only the deceased’s children, spouse, and parents may get compensation in wrongful death cases. Grandparents, cousins, uncles, aunts, and other family members cannot bring wrongful death lawsuits as a result. Furthermore, a long-term partner not legally married to or living with the deceased as a common-law spouse is not eligible to make a claim. Foster parents and stepparents are also unable to file wrongful death lawsuits. Moreover, not officially adopted stepchildren are ineligible to bring wrongful death claims.

Statute of Limitations

Suits for wrongful death must be brought within two years after the deceased’s passing. However, the personal representative or executor of the deceased’s estate may file a lawsuit if the surviving spouse, kids, or parents fail to act within three months of the person’s demise.

The only obstacle to this alternative would be if all remaining beneficiaries asked for the claim not to be made. Did you miss the two-year deadline (time limit to sue)? Call us anyway, as an exception may apply for the surviving plaintiff victim to support their neglect case.

What Can Surviving Family Members Claim in Wrongful Death Claims?

When you file a wrongful death claim, it’s essential to seek legal counsel from an experienced wrongful death attorney to determine what damages you or the decedent’s estate may claim.

To give you an idea of some of the losses you may be able to recover, we’ll list commonly awarded damages below after a person’s death as follows:

Funeral costs and other burial expenses
Medical expenses
Lost inheritance
Loss of companionship.

In extreme cases, you can sometimes seek lost wages and even exemplary damages, aka punitive damages, under Texas wrongful death law. Please contact us to learn more about claiming common damages and to book your consultation and free case review with one of our Texas wrongful death lawyers!

We will do everything on a contingency fee, which means we get our attorney fees after we settle or win your case in court at trial in such accident cases on behalf of eligible families. Ready to receive total and fair compensation for your unfortunate situation? We service Fort Worth, Houston, Dallas, Austin, and every other Texas court and are available 24/7 to provide you with priceless legal advice and answers to vital, life-altering questions.

File Wrongful Death or Personal Injury Claims Today with the Help of Our Team!

Did someone you love die due to someone else’s negligence? Did you or other statutory beneficiaries lose your adult children, biological parents, or a family member from a common law marriage because of a wrongful act or willful act? If so, the decedent’s family or the deceased person’s estate can take legal action to hold the negligent party liable as a survival claim or wrongful death case.

Do you want to obtain the most financial compensation under Texas law limits? Let us help you pursue justice! Our attorneys have years of experience and can help whether you need to file a personal injury lawsuit or a wrongful death claim. Call us today at (833) LETS-SUE, or use our convenient online Contact Us form to speak with an experienced, aggressive lawyer.

If you lost earning capacity and suffered emotional pain, we could help recover monetary damages to help eligible family members get their life back on track after being faced with a wrongful death case involving a close loved one’s death! So reach out to Ehline Law today to book your free consultation and start the process! We have helped many families and can help you get back on your feet in such cases!

What Percentage of Burns Are Fatal: Burn Injury Studies on Mortality

Written by MichaelEhline on November 29, 2024. Posted in Burn Injury Blog.

Early treatment at a burn center can help prevent infections and other medical complications when an accident victim suffers burn injuries. Depending on the location of the burn and many other factors, a severe burn can lead to long-term disabilities and, in worse cases, death.

Ehline Law and our burn injury attorneys have worked with victims since 2005 to understand their needs, build a trial-ready burn injury case, and aggressively pursue the compensation they deserve. Here, we will go over the risk factors of burn injuries and at what point a burn injury can become fatal.

Types of Burns in the United States

After assessing data on burn admissions to burn centers in the United States between 2005 and 2014, the American Burn Association reports the following types of burn injuries most common in the country:

Fire/Flame burns – 43%
Scalding burns – 34%
Contact burns – 9%
Electrical burns – 4%
Chemical burns – 3%
Others – 7%.

What Percentage of Burns Are Fatal?

Chemical Hazards Emergency Medical Management (CHEMM) explains how burn injuries can be life-threatening, significantly impacting morbidity and mortality.

While there has been a decrease in the overall mortality rate for burn injuries in the United States due to advances in modern medical treatments, severe burns are still associated with a high risk of death.

According to the American Burn Association, the overall mortality rate for burn injuries in the United States is around 3% when studying burn admissions to Burn Centers between 2005 and 2014.

However, the burn mortality rate varies depending on the age, size, overall health of the patient, severity of the burn, and other factors.

CHEMM indicates the burn severity by using the metric Total Body Surface Area (TBSA) affected and notes that:

Burns that are less than 20% to 25% of the TBSA require IV fluid resuscitation, which replaces fluids to combat the hypovolemia and hypoperfusion that may result from the body’s systemic response to the injury.
Burns more significant than 30% to 40% of the TBSA may be fatal to the burn injury victim if they don’t receive immediate medical treatment.

It’s worth noting that while the mortality rate for burns is an important metric, it doesn’t capture the full impact of burn injuries on survivors.

Burn injuries can cause significant physical and psychological trauma, and patients may require extensive skin grafting surgeries, other medical treatments, rehabilitation, and therapy to recover from their injuries and trauma.

Estimating TBSA Using the Rules of Nines

The Rule of Nines is a guideline used to estimate the percentage of body surface area burned. It is essential to determine the severity of the burn and the appropriate treatment.

The Rule of Nines divides the body into regions that represent approximately 9% or multiples of 9% of the total body surface area. These regions include the head and neck (9%), each arm (9% each), the front and back of the torso (18% each), each leg (18% each), and genitalia (1%).

For children, the Rule of Nines requires medical professionals to adjust according to the child’s age.

Typically, the following are the guidelines for babies:

Head and neck – 21%
Arm – 10% each
Chest, stomach, and back – 13% front and 13% back
Buttocks and genitalia – 6%
Leg – 13.5% each.

Medical professionals add up the TBSA of the affected body parts to estimate the TBSA burned.

While the rule of nines can provide a proper estimate of the extent of a burn injury, it is essential to remember that it is just one tool. Medical professionals should not use it as the only tool to determine patient burn injury treatment.

When developing a treatment plan, medical professionals must consider the severity of the burn and the patient’s overall health.

If you or someone you love suffered burn injuries, it is essential to seek medical attention immediately to prevent any medical complications that may arise from the burns and start the healing process.

A Retrospective Study on Burn Injuries and Mortality

The 2015 study “Morbidity and Survival Probability in Burn Patients in Modern Burn Care” by Marc G. Jeschke et al., published in Critical Care Medicine journal, is a retrospective analysis of data from 573 burn patients treated at six major burn centers in North America. 226 of the 573 patients were children. The study aimed to investigate cut-off burn size for mortality, infections, sepsis, and multiple organ failure.

The study divided the 573 patients into the following three groups: 0-15 (226 burn patients), 16-65 (324 burn patients), and >65 (23 burn patients).

According to the study’s findings, elderly patients had a more excellent Baux score (a system used to predict the chance of mortality due to burns) than children due to several factors, including their age. Children below the age of 16 had lower ICU days per percent burn compared to the other two groups.

Cardiac arrest was more common in elderly burn patients and adults than children, and the vascular events and abdominal compartment syndrome did not show any significant difference between all three groups.

The study findings also revealed that children under 16 had a greater risk of burn wound infections and a lower incidence of pneumonia and sepsis compared to the other two groups. In comparison, the difference in the risk of nosocomial infections across all three groups remained insignificant.

Mortality rates remained higher for elderly patients compared to children below 16 for various reasons we will explore later.

The following are the cut-off burn sizes for mortality and morbidity across the two different groups:

0-15
- Mortality: 54%
- Multiple organ failure: 58%
- Acute Respiratory Distress Syndrome: 57%
- At least 2 Burn Wound Infections: 54%
- Sepsis: 85%
- Pneumonia: 64%
16-65
- Mortality: 44%
- Multiple organ failure: 4.8%
- Acute Respiratory Distress Syndrome: 35%
- At least 2 Burn Wound Infections: 43%
- Sepsis: 48%
- Pneumonia: 35%.

Since there were only 23 elderly patients in a large sample, the study excluded them from in-depth analysis but found that most elderly burn patients died within 60 to 70 days after the burn.

The study also identified several predictors of long-term outcomes in burn patients, including age, burn size, inhalation injury, and the need for mechanical ventilation.

According to the findings, older patients, patients with more extensive burns, patients with an inhalation injury, and patients who required mechanical ventilation had worse long-term outcomes regarding their functional status and quality of life.

Overall, the study provides important insights into the risk factors that influence morbidity and mortality in burn patients and highlights the importance of early and aggressive management of burn injuries, particularly in patients with extensive burns or inhalation injuries.

The study also highlights the need for ongoing research to improve burn survivors’ outcomes and quality of life.

When Are Burn Injuries Potentially Fatal?

Several studies published in J Burn Care Res and other journals evaluate the data of burn patients across multiple burn centers in the United States to determine when burn injuries can be potentially fatal.

Some factors that increase mortality risk across these studies include the following.

Size of the Burn

Burn size is one of the most critical factors in determining the severity of the injury, and burns that cover a large portion of the body are more likely to be fatal than more minor burns.

A 2018 study titled “Analysis of factors associated with mortality in major burn patients,” published in the Turkish Journal of Surgery, found that the mortality rate among patients with TBSA greater than 30% was 44.2%.

Depth of the Burn

Deeper burns are more severe and can damage multiple skin, muscle, and bone layers, causing significant pain, shock, and fluid loss.

Immediate medical treatment, including IV fluid resuscitation, is necessary to prevent further damage or burn wound infection; otherwise, deep burns can be fatal.

Location of the Burn

Burns on the face or lower extremities can be fatal compared to burns on other body parts. A 2015 study titled “Effect of Burn Sites (Upper and Lower Body Parts) and Gender on Extensive Burns’ Mortality,” published in the Iranian Journal of Medical Sciences, revealed that patients suffering from burn injuries in their lower extremities are more likely to develop edema and deep vein thrombosis, leading to medical complications and long-term disabilities. Developing deep vein thrombosis is also a significant cause of death in burn patients.

Age and Overall Health

Older adults and people with underlying health conditions, such as heart disease, diabetes, or respiratory problems, are at a higher risk of complications from burn injuries, which can be fatal.

Inhalation Injury

Burns to the respiratory tract from inhaling hot air or smoke can be life-threatening and lead to respiratory failure. The findings of a 2021 study titled “Factors affecting mortality in burns: a single center study” published in International Surgery Journal revealed a mortality rate as high as 83.7% for patients suffering from inhalation injuries.

If you or someone you love suffers burn injuries, seeking medical attention immediately at a burn center is crucial. Severe burn injuries can be successfully treated promptly and appropriately, reducing the risk of complications and fatalities.

Should a Burn Injury Victim Pursue Compensation?

A burn injury seriously threatens the victim’s quality of life, and severely burned patients may require extensive medical treatments, rehabilitation, and therapy to help recover and overcome the trauma.

The healing process can take weeks, months, or even years. In some cases, victims may not completely recover from their wounds, so it is crucial to pursue a burn injury claim against the negligent party’s insurance company.

How Can a Burn Injury Attorney Help a Burn Victim?

A severe burn injury can be devastating, and the recovery process can be lengthy and costly. A burn injury victim must contact an experienced burn injury attorney to discuss their case.

An experienced burn injury attorney can help the burn injury victim in many ways, including the following.

Investigate the Accident

A burn injury attorney can help investigate the cause of the burn injury and determine if any party is liable for the injuries. This may involve reviewing police reports and witness statements to identify the parties responsible for the accident.

Pursuing Legal Action

When attorneys identify the liable parties, they gather relevant evidence to build a strong case and pursue a claim against the negligent party’s insurance company.

A burn injury attorney can advocate for the victim throughout the legal process, protecting their rights and fighting for fair compensation for their injuries.

Negotiating Fair Compensation

When pursuing legal action, handling the insurance company and its dirty tactics is a significant headache.

An experienced burn injury attorney can help evaluate the damages (medical expenses, lost wages, pain and suffering, and other damages resulting from the burn injury) and negotiate a fair settlement on the victim’s behalf.

If the attorney does not agree over a fair settlement, a burn injury attorney can consider going to trial to get the victim the compensation they deserve for the threat a burn injury poses to their overall body surface. Whether it is thermal injuries, chemical injury, and associated injuries, or a wrongful death, healthcare providers are not cheap. Respiratory compromise from first-degree burn to the lungs will require total burn care and potential supportive care for life.

Schedule a Free Consultation with Ehline Law Fatal Burn Wound Experts

Did you have pre-existing medical disorders made worse by a bad burn or heat injury? Massive burns can lead to massive familiar problems, including divorce, bankruptcy, and even suicide. If you’ve suffered burn injuries due to another’s negligence or intentional acts, contact us at (833) LETS-SUE for a free consultation, as you may be able to seek compensation and get treated by a proper, specialized burn center for deep partial thickness and even superficial burns.

Citations:

World Health Organization
National Burn Repository

MMA’s Brendan Schaub Wrong Way Car Killing Hero

Written by MichaelEhline on November 29, 2024. Posted in MMA.

Since multiple UFC fights are scheduled for June and July 2022, we feel that it is the right time to talk about a story involving a UFC fighter that left the state of California in complete shock. On August 12, 2021, a devastating accident became big news as it involved the former UFC fighter, Brendan Schaub.

Schaub stated:

“There’s two kids, and there’s a bigger kid, and he keeps going, ‘I don’t want to die, I don’t want to die,’ and I go, ‘You’re not going to die, buddy, you’re not going to die.”

Learn About Latest MMA Hero Exploits Here

Receive a Free Consultation Today! At Ehline Law, our injury attorneys like to explore legal issues and create awareness of what is going on in America. This article will go over the incident that led to this horrific accident and the MMA’s Brendan Schaub wrong-way car killing hero story.

Encino’s Hero, Brendan Schaub, Saves Four Children

The accident occurred at 7 PM on August 12, 2021, and four days later, Brendan Schaub got into all the details of the accident on his “The Fighter and The Kid” podcast. The former UFC fighter, Brendan Schaub, said he was heading to a restaurant with his spouse, Joanna Zanella, in Encino, California. On his way, he saw a tractor-trailer blocking the 101 freeway. As he got his car closer to the scene, Schaub noticed a child waving his hand from the top of a mangled vehicle, a distress call for help.

Schaub immediately drew his spouse’s attention to the horrific car wreck. She suggested he keep driving and let law enforcement authorities take care of the situation. However, Brendan Schaub noticed two more kids inside the crumpled vehicle and immediately went to the vehicle without a second thought. Brendan Schaub got out of his car and told his wife to stay in the vehicle for safety.
Schaub approached the mangled car and saw another guy at the accident scene. Presuming that he may be the tractor driver, Schaub diverted his attention to the severely damaged vehicle. He noticed three kids and one older child who was traumatized by the incident as he kept yelling, “I don’t want to die.”

Reassuring the children that they were safe, Schaub tried to hinge the door open but failed as the crash caused the door to intertwine with the vehicle. Brendan Schaub hurriedly broke the partially broken window and started pulling the kids out.

After getting all the kids out, Brendan Schaub saw something grave in the corner of his eye. He glanced into the front seat and saw the children’s mother behind the wheel, who was already dead from her tragic collision. According to Brendan Schaub, the front seat was thoroughly soaked in blood, and brain matter was everywhere.

Schaub Takes Action to Shield Kids From the Car Crash Gore

Horrified at what he saw, he quickly turned toward the kids, who wanted to look at their mom to see if she was doing okay. Schaub, acting like their big brother, pulled the kids, who were crying for their mother, towards himself to prevent the children from witnessing the gruesome incident.

He mentioned in the podcast that he saw a Mexican man in his tank top with no shoes on fleeing from the accident scene. The man was hit by a Dodge Durango while crossing the freeway.

Brendan Schaub said he tried to hold back his tears during the podcast as he further explained how scary the situation was for him and the children. He mentioned that the SUV had hit the tractor in the gas tank, causing the gas to flood out. Brendan Schaub had his clothes soaked in gas and was afraid of a fire breaking out from spilling gasoline caused by the car crash.

When Brendan was assured that the two women would stay with the kids until the emergency services arrived, Schaub left. Brendan Schaub explained in his podcast why he didn’t wait until first responders arrived. It was because he was afraid of pulling his wife into the situation and didn’t want to stick around as the place was dangerous and highly volatile, with gasoline odor everywhere.

Witnesses at the Crime Scene

Schaub was not the only one at the crime scene. In the podcast, he mentioned another woman, Rita Campos, at the location of the accident. After saying Campos in his podcast, media outlets started to reach out to Campos to understand the story from her point of view.
Campos recalled that she was on her way home from work and was a bit far from a tractor-trailer in front of her. She saw an SUV coming on the wrong side of the freeway, and, to her shock, she saw the SUV slam into the tractor, causing a wrong-way crash. Campos immediately swerved her vehicle and parked it on the road.

She also reported that she saw another woman and Schaub at the accident scene as she got out of her car. She asked Schaub whether he called 911, and in that instance, she heard a “thud” sound. Campos stated that she was 100% certain that she saw a man get hit by a black SUV as he tried to flee by crossing the 101 freeway. Although she could not guarantee whether the man got hit by a Dodge Durango, she saw him get hit, and her statement matched the one Schaub provided in his podcast.

During this time, Schaub was already near the mangled car, and soon Campos followed as he tried to rescue the children. There was another man too, who tried to pry the doors open but failed. Schaub cleared the broken window of the shards of glass and took the kids out. He had handed one of the babies to Campos and the other to the other woman who was also at the accident scene.

Campos stated that Schaub rescued the children within 5 to 6 minutes before leaving. The first responders arrived 10 minutes after Schaub left. Concerned for the kids, she stayed for as long as the officers required her to care for the children.

Campos Remembers Her Heartbreak Exchange

Campos didn’t shy away from giving all the details possible about the accident to the media. She wanted to help law enforcement as much as possible. Campos recalled a conversation with the oldest child (The “chubby one”) from the accident. She mentioned how the child kept stating, “We don’t have a home anymore,” and that their mother was going to heaven.

The child asked Campos whether they would still go to heaven after the accident. Shaken by the conversation, Campos assured the child that one day he would go to heaven, but today he must remain brave and take care of his family since he was the oldest child.

Skeptics Started to Doubt Schaub’s Traumatic Incident

After the release of his podcast, Schaub faced serious doubts from people on social media about his involvement in the traumatic incident, with some believing that he fabricated the entire story. Most skeptics believe that he left the accident scene without speaking to the authorities; hence there is no proof of him being there.

Some of the skeptics thought that the details provided by Schaub were outrageous. Torres getting hit by a car while crossing the freeway, the gasoline flooding, and how Schaub removed the kids from the mangled car were some of the details that skeptics found hard to believe.

Campos saw many social media posts creating doubts about Schaub’s presence at the accident scene. Feeling bad for Schaub, Campos took her frustrations to social media with a post stating that Schaub was there and his story was accurate. She noted that Schaub was a minute earlier than her at the accident site, and when she arrived, Schaub was already trying to pry open the car door.

Many skeptics also argued that first responders don’t usually take that much time. However, Campos mentioned in her social media post that there was a massive traffic disruption with four lanes blocked, causing a delay in the first responders’ arrival. She stated that people who were not there did not understand the nature of the situation the two were in.

Schaub and Campos were already taken back by the accident, and seeing another guy nailed by a car as he made his escape, the leaking gasoline, the kids screaming for help, and their dead mother behind the wheel was all surreal. Campos stated that the two did not have the time to think but that all their actions were instantaneous.

Murder Suspect Arrested as the Story Unfolds

The local police started their investigation into the accident to get to the bottom of what happened on the 101 freeway. As the California Highway Patrol gathered evidence, it revealed something horrifying. A 31-year-old man named Cesar Iban Torres drove the wrong way on the 101 freeway with his family in the car with the clear intent of killing them.

He tried to flee the accident scene but got hit by a car. The first responders attempted to take the man into custody for questioning. However, he tried to resist arrest but failed. When ABC7 News contacted Torres’s brother Juan Zavala after the accident, Zavala said that he received a phone call from Torres stating that he had to give his family to God.

The surviving kids reported that their mother, Aimee Garcia, a 26-year-old woman, saved the children. The oldest child, 8-year-old Ceasar, mentioned how his mother tried to take control of the wheel even until the last moment. Angie Fuentes, Aimee Garcia’s aunt, told the media that Cesar was the only witness who could recall what he saw inside the car.

On August 16, 2021, the court charged Cesar Iban Torres with several charges, including murder, four counts of child abuse, and four counts of attempted murder, assault, and resisting arrest. The District Attorney at the time, George Gascón, expressed his grief over the incident, stating that the wrong-way driving collision tore apart the family, leaving four kids moderately injured. The court also set Torres’s bail at $1 million and scheduled his arraignment.

GoFundMe Page to Cover Funeral Expenses

Angie Fuentes set up a GoFundMe campaign to raise money for the mother’s funeral and an apartment for the children to live in. She mentioned in her campaign that Garcia died, leaving behind four beautiful children and needed money to survive; otherwise, they would end up in foster care.

The target for the GoFundme campaign was $30,000, but within a few days, it crossed the $69,000 mark. Even former UFC fighter Brendan Schaub reached out to Angie Fuentes to discuss how he could help and contribute to the cause. Schaub mentioned that he wanted to create a college fund for the children and pay for their mother’s funeral.

History of Domestic Violence Surfaces

Many Americans couldn’t understand how a father could murder his partner and attempt to murder his four children. The story did not make sense until Angie Fuentes disclosed the details of their relationship leading to the car wreck.

Fuentes stated that the couple had met when Garcia was 16 and studying in high school. She mentioned how her niece was a victim of domestic abuse for several years, and when the family would approach her about this situation, Garcia would make light of it and try to avoid the questions. At one point, Garcia ended up in the hospital to get stitches, to which Fuentes expressed her concern about the situation she and the kids were in well before the car wreck.

Fuentes said that although Garcia did not have a mom or a dad, she gave all her kids unconditional love and took them everywhere she went. Fuentes was also infuriated by the ordeal and expressed her desire for Torres to suffer in prison for the rest of his life for causing the car wreck. Fuentes cried while speaking to the media that she was the one who cut Garcia’s umbilical cord, and now she is the one planning her funeral.

Citations:

The Fighter and the Kid Podcast

Domestic violence can affect the victim and those around them, leading to vehicular homicide, e-car wrecks, and more if you’re a victim of a domestic violence car wreck, let us stand by your side and provide you with the legal protection you need so you can avoid a wrongful death or serious injuries. Contact us at +(833) LETS-SUE and learn about your rights.

5 Simple Steps To Prevent Scalding Burns

Written by MichaelEhline on November 29, 2024. Posted in Burn Injury Blog.

Burn injuries affect all types of individuals. However, young children and older people are more prone to getting burned than others due to their sensitive skin. Burn injuries can occur by getting in contact with boiling liquids, hot objects, chemicals, electricity, cold, heat, fire, and friction, among many others.

Burn injuries can lead to permanent scarring, with severe cases requiring skin graft surgery. The tragedy is that individuals can avoid burn injuries by taking precautions and ensuring compliance with safety regulations (having a fire extinguisher) put forward by the state and local laws.

Contact Ehline Law and our Los Angeles burn injury attorneys to evaluate your case if you’ve got burn injuries.

Immediate Burn Treatment: Step-by-Step Guide

If you’ve gotten burned, following the steps below immediately can reduce the pain and severity of the burn:

Immediately run the burn wound under tap water (ensure the water temperature is cool rather than cold, as the wound can risk hypothermia) for about 20 minutes. Many victims run the wound under tap water for a few seconds before panicking and heading to the hospital. This doesn’t seem right, as the wound can burn if not washed correctly. Avoid using ice to prevent burns, as ice can cause further blistering, worsening the burn wounds.
Remove clothing from the burned area after washing the wounds. Leaving burned clothes on the skin can irritate, but avoid removing the clothing if it is stuck to the skin. Pulling or jerking on it can remove the layer of the skin, further worsening the wounds.
Use a sterile cloth or a sterile gauze pad to clean the wound. If it is oozing, seek medical help immediately. You don’t want an infection to start, as it can further complicate things.
Consult a physician if the burn sensation remains after a few hours following the burn injury. Avoid using any home remedies on the burn wound, such as butter, grease, and others, as they can worsen the damage.
Wash chemical burns immediately and contact the Poison Helpline at 1-800-222-1222 or your physician.

Protect Young Children and Your Family with Burn Safety Precautions

Burn injuries are easily avoidable by taking preventable safety measures to avoid any worse situations in case of fire breakouts.

Here is how you can safeguard your family from any fire hazards:

According to state laws, rental homes and apartment buildings must have fire alarms to alarm residents in case of fire breakouts. Modern alarms with long-lasting batteries in your apartment, especially in the kitchen, can help prevent fire incidents involving residents.
Start practicing fire drills at home to ensure the family, including the kids, are ready for any adverse event or a fire spread.
Keep all flammable liquids and materials away from home. When in contact with the fire, these can cause a tremendous explosion, resulting in more devastating damage.
Cover unused electrical outlets to avoid electrical burns if the children try to plug things into them or even their fingers.

Burn Safety Outdoors Precautions

There are also outdoor burn hazards for which you need to take precautions, and these include:

Do not allow your children near grills, campfires, or fire pits, as they can cause nasty burns.
In the United States, temperatures can soar, resulting in high temperatures in parked cars. Before placing your children or baby in the vehicle, ensure that the seat belt and the seats are not hot; if they are, place a towel before placing your child.
Avoid using fireworks. Even if you do it in a safe and controlled environment, your children might learn how to use it and go about using it when not supervised, which can be a considerable danger.

Scalding Burns and Hot Foods

Scald burns are different from fire burns as they happen when the skin comes into contact with hot liquids like boiling water from a water heater, tea, coffee, etc. Surprisingly, more than 30% of the cases that make it to a burn center in the United States are scald injuries. It is not unheard of for mothers to carry hot beverages and their babies to cause scald injuries when an incident occurs.

Tips on Dealing with Hot Food with Children Around

To avoid getting scald injuries, here are the five tips we recommend to families to ensure the safety of themselves and their loved ones:

Never let your children near the oven or wherever you are cooking. Kids’ curious natures can lead to them touching hot objects. Ensure that you test food temperature before feeding your children.
Start using back burners, as they do not have handles, keeping them out of sight from young kids in the house.
When cooking, move all the pots and pans containing the hot food to the middle of the kitchen counter rather than its edges. This will prevent kids from pulling on the utensils and burning themselves with hot liquid.
Warming baby food in a microwave is not advised, as the microwave unevenly heats the food. The food might look cold outside, but it could be bubbling hot inside. Instead, heat food for your babies using hot water.
Keep oven mitts in the kitchen at all times.

How to Prevent Scalds in the Bathroom

There are specific steps one should take to avoid any scald injuries during bath times, and these can include the following:

Ensure your water heater is at 120 degrees Fahrenheit; anything above this number can easily result in scald injuries if exposed for too long.
Check the bath water temperature before letting your children bathe or placing your baby in it. Kids and babies are more sensitive to hot temperatures than adults, and if you feel that the water is not too hot, it might be for the children; hence, check the water temperature.
Water faucets are usually hot if the hot water has been running through them, so it is best to place your child away from the water faucet to avoid touching it.

When dealing with kids, the main concern is that they don’t realize their boundaries and let their curiosity get the best of them. Parents must establish “No Go Zones” in the house where kids don’t have access or can’t reach. For example, the radius around space heaters and fireplaces is a no-zone area for young children.

When Is Hospitalization Necessary for Burn Injuries?

Not all burn injuries require hospitalization, as minor burn injury victims can recover at home. However, those facing severe injuries can lead to complications. Hence, it is best to get hospitalized to receive medical attention immediately.

Here are a few situations that may require hospitalization:

Third-degree burns
More than 10% of the body gets burned
Burns on the face, hand, genitals, or moving joints
Young children.

Contact Our California Burn Injury Attorneys for Your Case Today

Have you gotten burn injuries that were not your fault? Is your loved one hurt due to someone else’s negligence? Contact us at (213) 596-9642 and get a free consultation with our California burn injury lawyers today. Our attorneys are personal injury experts and can help determine the cause of the incident, investigate and collect evidence, and help you establish a personal injury case to get the compensation you deserve. Call us now for more information on how we can help you.

Citations:

https://www.healthychildren.org/English/health-issues/injuries-emergencies/Pages/Treating-and-Preventing-Burns.aspx

https://www.dshs.wa.gov/sites/default/files/DDA/dda/documents/Caregiver%20Alert%20Template%20-%20Hot.pdf

https://www.thesilverlining.com/westbendcares/blog/five-tips-to-prevent-burns-and-scalds-in-your-family

How To Treat a Serious Burn Injury

Top Tips for Preventing Financial Exploitation of Elders, so Everyone Is Safe

Written by MichaelEhline on November 29, 2024. Posted in Elder Nursing Abuse Blog.

Elder financial abuse is rampant in America. More than 369,000 incidents of financial abuse happen every year. Around $4.8 billion is lost because of this. However, it can be prevented if people read these top tips on financial abuse so that they can protect their family members.

Get a Power of Attorney

The family member will still be capable of making financial decisions, but they should have the right person in place if they become incapacitated. Also, two people can be appointed to help with this if they think it is correct.

When someone speaks to a legal authority, like a lawyer, to decide who can be power of attorney, they will ensure that everything has been put in place correctly. To prevent elder financial abuse, there needs to be a team of people who are ready to work together.

A Contact for Bank Accounts and Other Investments

Financial abuse can happen under someone’s nose, so people should always have someone else as a trusted contact on their bank account. Identity theft occurs amongst the elder community, which puts them in a vulnerable position.

If someone waits for their financial statements to see any sudden changes to their account, they might be too late. However, when someone at the bank notices that the spending patterns appear strange, they can call the trusted person on the account to see if everything is okay. Also, the bank can ask the person about unpaid bills so older adults do not fall behind on their payment plans.

Lastly, the selected person should only be able to view the account and not control what is in it. This can be done by financial advisors at the bank so that elder financial exploitation does not happen.

Track All Accounts to Stop Elder Financial Abuse

Prevent elder financial exploitation by tracking all accounts, investments, and credit cards. There are many warning signs that show when someone is being taken advantage of, but they can be hard to miss because people may not want to fill in the many forms that it will take to get there.

However, many apps that do this will not have those forms, so getting these accounts in place is easy.

Call Ehline Law Firm Today to Stop Financial Elder Abuse

Financial matters can be challenging to figure out, but when someone speaks to a member of the Ehline Law Firm, they will know they are in good hands. The team understands financial power and the law, which is why they will help clients get the results they want for their cases.

Anyone with questions should call the team at (833) LETS-SUE for a free consultation.