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Defense Contractor False Certification Claim Lawsuits

2009-06-15T16:57:00.003-05:00

Common Types of Defense Contractor Fraud and False Certifications that Lead to False Claims Act Lawsuits

Defense contractor fraud is a common way that government contractors defraud the United States Government and taxpayers out of large amounts of money. Many whistle blowers have been successful in blowing the whistle on fraudulent defense contractors to reveal fraud schemes that put our troops in danger and steal money from the United States. Under False Claims Act litigation billions of dollars are regained from these fraudulent defense contractors. Some common ways defense contractors cheat the government are False Certification of Product Quality, Product Substitution, Cross Charging, False Certification of Services Provided, Charging for Services or Goods not provided, and Violations of the Truth-in-Negotiations Act ("TINA"), and Improper Cost Allocation.

False Certification of Product Quality commonly occurs after a product has been approved for mass production. The original prototypes of a product are typically created with high quality materials and parts including strong metals, seals, plastics, and components. However, after the original prototypes have been tested and approved, some defense contractors use inferior parts and materials to lower costs that make weapons, ships, vehicles, computers, electronics, and other military goods less reliable, weaker, and more prone to not work when needed. The defense contractor that provides a false certification of a product's quality has committed a false certification that may subject the defense contractor to a False Certification of Product Quality False Claims Act Law Suit.

The Defense of Department often requires its contractors to build weapons systems in accordance with very detailed product specifications because quality and reliability are critical with weapons systems and other military equipment. Failure to comply with these specifications and falsely certifying that these specifications were met can cause death and place our troops in danger. As such it is extremely important that appropriate quality assurance steps are taken in building or producing weapons systems and other military equipment and that a defense contractor's certification of compliance with these specifications can be trusted.

Similar to False Certification of Product Quality Qui Tam Claims are Product Substitution False Claims. These claims occur when a Defense Contractor that is under a government contract that specifies that the defense contractor build products using a certain grade, quality of parts, or materials & parts from American companies, fails to comply with the contract. These Defense Contractors often decide it is more profitable to use or substitute inferior parts or parts not made by American companies. Defense Contractors that use inferior parts or parts not made by American Companies as required by their government contract may be subject to a Product Substitution False Claim Act Law Suit.

Cross-Charging occurs when a Defense Contractor has a fixed-price contract, where the company receives a fixed price for a certain number of weapons no matter how much it costs to produce them and another that is a "cost-plus" contract, where the government pays the company for the cost of making the weapons, plus a percentage of its costs as a profit. In this circumstance the Defense Contractor has an economic incentive to charge the time it spends working on the fixed-price contract (where it gets paid the same no matter how much time it takes) to the cost-plus contract (where it gets paid for its costs plus profit). This may be accomplished by instructing employees to write down on their time cards that they worked on the cost-plus contract when they actually worked on the fixed-price contract. A Defense Contractor that charges fixed price work on a cost-plus contract is creating false claims or false certifications that may subject them to a Cross-Charging False Claims Act Law Suit.

Improper cost allocation false claims are a more subtle version of the cross-charging scheme. In this type of false claim, a defense contractor with government contracts and private commercial contracts fails to spread or allocate their costs fairly among the different jobs. These types of false claims are typically more difficult to detect as the defense contract usually tries to hide the misallocation in indirect costs or bury the misallocations in hard to interpret records. These improper allocation false claims are more common in large contracts where the product has military uses and private uses such as with large aircraft companies. Defense Contractors that deliberately allocate a disproportionate share of indirect or overhead costs to the government for the purpose on increasing there profits may cause themselves to be subject to Improper Allocation False Claims Law Suits, if the correct whistle blower reports the fraud.

When the government wants to purchase highly specialized weapons, military services, or other military equipment, it often is limited to one potential defense contractor because of the specialized need. This limited supply often creates monopoly power in the "sole-source supplier". This creates a problem in making sure that the sole-source supplier does not over charge the government for the good or services that it is supplying to the government. The Truth In Negotiation Act (TINA) requires the Defense Contractor to truthfully disclose all relevant information about its costs to the government in sole-source contract negotiations. Defense Contractors that submit false cost and pricing data to the Defense Department or failure of a sole-source Defense Contractor to provide accurate cost information to intentionally inflate costs to increase profits can cause liability for a violation of the Truth In Negotiation Act and result in a Truth In Negotiation Act Violation False Claims Act Law Suit.

Qui Tam Defense Contractor False Certification Claim Lawsuits, Defense Contractor Fraud Lawsuit Lawyers, and Other Qui Tam Claim Lawsuits

For more information on Qui Tam Claim Lawsuits and Qui Tam False Certification Lawyers, click on the following links: defense contractor false certification claim lawsuits, health care provider claim lawsuits, financial institute claim lawsuits, or other large contractor or subcontractor claim lawsuits.

Unlawful Medicare and Medicaid Referrals Under Stark Statute

2009-06-08T15:26:00.002-05:00

In 1989, the United States Congress enacted the Stark statute which made it illegal for physicians to make self-referrals and prevented physicians from referring Medicare or Medicaid patients for certain designated health services to any entity with which the physician has a financial interest. The purpose of this law was to remove economic incentives that may encourage some physicians to make self-referrals or to refer certain designated health services to entities in which the physician has a financial interest, instead of referrals based on a patient's health and well being.

Stark Violation Claims and Stark Violation Lawsuits

Stark violations occur when a physician (as defined by Medicare) unlawfully refers Medicare or Medicaid patients to an entity in which the physician or the physician's immediate family has a financial interest. In these situations the physician is usually making these referrals for the purpose of the physician's own financial gain and is not working in the best interest of their patients. Repeated violations of the Stark Statute can create substantial wealth for self referring doctors and can cost tax payers millions, tens of millions, or even hundreds of millions of dollars. These violations can also be hard to detect by the government and patients. For this reason it is often health care administrators, hospital administrators, benefit coordinators, accountants, and other health care professionals that are able to discover fraudulent referral practices and blow the whistle on the unlawful practice.

Violations of the Stark Statute can result in both criminal and civil penalties for the self referring doctor as well as others benefiting from the fraudulent referral practices. Whistle blowers that properly blow the whistle on these unlawful referrals can not only regain large amounts of money for the United States government, saving tax payers millions of dollars that the physician and/or the entity have taken from the federal government, but the whistle blower can also collect a percentage of this recovery as compensation for bringing a Federal False Claim Act lawsuit that reveals these fraudulent referral practices.

The History and Evolution of the Stark Statute

The Stark Statute is named after California Representative Pete Stark who authored this legislation to prevent fraudulent referral practices that compromised the health of patients, cost the government billions of dollars, and made unethical doctors rich at the expense of patients and taxpayers. Congressman Pete Stark first proposed the Federal physician anti self-referral law in 1988, and what became known as "Stark I" was enacted by the Congress in 1989. At the same time Congress overhauled Medicare's physician payment program and adopted the Resource-Based Relative Value Scale (RBRVS) which is a system used to determine how much money medical providers should be paid by Medicare. The Stark I law initially applied only to clinical laboratory services and became effective with the Medicare fee schedule on January 1, 1992. The Health Care Financing Administration proposed implementing regulations for Stark I in March of 1992, and these rules were finalized on August 14, 1995. They have been codified at 42 C.F.R. 411.350 et seq.

In 1993, Medicare and Medicaid amendments were enacted by Congress that significantly expanded the Stark law to cover a long list of designated health services in addition to clinical lab services. These amendments added the referral prohibition to additional designated health services including: inpatient and outpatient hospital services; physical therapy; occupational therapy; radiology; radiation therapy (services and supplies); durable medical equipment and supplies; parenteral and enteral nutrients (equipment and supplies); prosthetics, orthotics and prosthetic devices and supplies; outpatient prescription drugs; and home health services. These amendments, which became effective January 1, 1995, became known as "Stark II."

Medicare and Medicaid Referral Violation Law Suits
(Qui Tam Law Suits)

Through Whistle Blower Lawsuits, Qui Tam Lawsuits, and other Health Care Fraud Lawsuits, hundreds of billions of dollars have been recovered from individuals and organizations that have committed health care fraud and stolen large amounts of money from the government. For more information on Stark Statute Violations and Medicare or Medicaid Referral Violation Law Suit, please go to the following web page on Medicare and Medicaid Referral Fraud Stark Violation Law Suits.

Texas and Interstate Truck Accident Lawsuits and Insurance Claims

2009-05-27T16:04:00.003-05:00

In handling Texas and Interstate Truck Wreck Lawsuits, it is important to realize that multiple insurance companies and risk management departments may be involved in evaluating an automobile accident claim. Both insurance companies and risk management departments have professionals whose jobs are to limit the amount that their insurance company or risk management department pays on any claim regardless of the liability facts or damages. It is therefore important to make sure that victims of a fatal or a catastrophic injury truck wreck are protected from insurance adjusters, risk managers, insurance investigators, and defense lawyers.

Interstate Truck Accident Lawsuits and Insurance Claims

Interstate Trucking Companies are governed by the U.S. Department of Transportation and must carry liability insurance for accidents that their drivers may cause that result in bodily injury or death. These insurance policies make sure that people who are injured or the families of those killed by negligent interstate truck drivers can be compensated up to the policy limits for damages that have been suffered. These damages can include wrongful death damages, medical expenses, physical impairment, pain & suffering, disfigurement, and lost wages. Evidence of these damages is usually required for large recoveries including obtaining policy limits on an interstate truck accident claim.

Texas Truck Accident Lawsuits and Insurance Claims

Texas requires minimum liability coverage for commercial vehicles not regulated by the U.S. Department of Transportation. In handling Texas Commercial Truck Collision Claims, it is important to investigate all known insurance on each automobile, driver, and vehicle owner involved in the collision to maximize the recovery that is made for the injured person or the family of the deceased. In locating insurance and all potential sources of recovery, it is important to review all potential parties that be liable for the accident to determine their insurance and or their ability to pay a large verdict.

Texas and Interstate Truck Accident Lawyer and Information

For more information on Texas Commercial Truck Accident Lawsuits or Interstate Truck Accident Lawsuits, please go to the following Fatal and Serious Injury Truck Collision Web Page.

Military Medical Malpractice Claims and Lawsuits

2009-05-20T16:28:00.005-05:00

With the sharp rise in the number of our service personnel in the Army, Air Force, Navy, and Marines that have served the United States in the Iraq War and Afghanistan War has come an increase in the number of veterans and families of military personnel that rely on the military for medical services. At the same time the demand for quality military medical services has increased the budget and ability of the United States government to pay for these services for our country's service personnel and veterans has decreased. These factors have stressed many military hospitals and military medical service professionals to create environments where military medical malpractice is becoming more common.

Military Medical Malpractice Lawsuits & Military Doctor Negligence Claims

As a Texas medical malpractice lawyer Jason Coomer handles Federal medical malpractice lawsuits, Military medical malpractice lawsuits, VA medical malpractice lawsuits, Texas medical malpractice lawsuits, army doctor negligence claims, and federal medical malpractice claims including emergency room errors, post-surgical infections, birth injury, wrongful amputation, unwarranted testing of experimental drugs on patients, and other kinds of inadequate or unethical treatment birth injuries, drug interactions, medication errors, misdiagnoses (failure to diagnose cancer, spine injuries, heart problems or disease), surgical errors (bariatric surgery errors, spine surgery errors, heart surgery errors, simple surgery errors), Cerebral Palsy, Erb’s Palsy, monitoring errors, and errors resulting in hypoxia.

Common Causes of Military Medical Malpractice Lawsuits and Negligent VA, Army, and Navy Doctors

Unfortunately, medical mistakes often happen when military doctors and nurses get too busy, are understaffed by hospital administrators, are under the influence of drugs or alcohol, are not well organized, are under poor hospital administration, or are just not paying attention. As Veterans Administration Hospital, Navy Hospital, Army Hospital, and other Military Hospital medical budgets decrease, healing people becomes more difficult and is less of a priority than saving money sometimes creating cost cutting measures and poor hospital administration policies that cause under supported military doctors, military nurses, and military medical professionals to commit more medical mistakes. Overworked military doctors, residents, and nurses are much more likely to make mistakes than well rested health care professionals.

Medical mistakes also happen more often when no one is watching. It is extremely important when you are in the hospital to have someone that is with you and to help watch out for your well being. This is especially true if you have an allergy to certain types of medicines, are going to be unconscious or under antistesia, or on strong pain killers. In such, situations it is typically a good idea to have a person that you trust to be your health care advocate with a valid HIPPA Authorization, Medical Power of Attorney, and Power of Attorney. Communication with your health care professionals and your health care advocate is also important and can greatly limit medical mistakes.

If you feel you or need a Military medical malpractice lawyer because you or a loved one has been seriously injured by medical negligence or someone close to you has died as a result of medical negligence or a doctor mistake, it is important to investigate the claim and make sure that it does not happen again.

Communication Prevents Many Medical Mistakes

Military Doctors, Army Doctors, Navy Doctors, Air Force Doctors, and Veterans Administration Hospitals typically provide quality medical care, but sometimes mistakes are made. It is always a good idea to have someone that you trust look out after you when you are in the hospital. This person can communicate important information regarding your condition and watch out for you when you are in the hospital. It is important to make sure that you or your medical advocate communicate with health care professionals to limit the mistakes that are made.

However, even with proper communication medical mistakes can be made. If a mistake is made, it is important to report the mistake and if the mistake causes serious injury or death it is important to investigate a potential federal medical malpractice claim and potential lawsuits. This is because medical mistakes that no one knows about will not be noticed and will not result in future better medical care. Medical mistakes that are reported will help other patients and are an essential part of the feedback needed to improve our health care delivery system.

For more information on Military Medical Malpractice Claims and Preventing Military Medical Malpractice, go to the following web page on Military Medical Malpractice Lawsuits or seek an attorney's advice on setting up a health care advocate for loved ones going into a hospital.

Texas Commercial Truck Accident Lawsuits and Company Vehicle Lawsuits

2009-05-18T15:45:00.004-05:00

According to the National Center for Statistics and Analysis, thousands of motorists are killed each year by commercial vehicles including large trucks, specialized vans, modified company trucks, specialized company SUVs, and company cars. These commercial vehicles are too often driven by under trained, inexperienced, and/or over worked drivers that are under pressure to drive fast as well as keep maintenance costs down. These factors combined with distractions in the vehicles including cell phones, GPS devices, computers, paper work, radio communications, and other employees can cause fatal automobile accidents.

Whether a company driver is driving a large commercial vehicle such as a bus, passenger van, 18-wheeler, dump truck, propane truck, garbage truck, construction truck, semi-trucks, tractor-trailer, utility truck, hauling truck, or semi, or smaller commercial vehicles such as an SUV, passenger vehicle, limo, or taxi cab, it is important that the driver be trained to operate the commercial vehicle they are driving and have their driving record reviewed. Unfortunately, some businesses neither train their drivers nor do a proper investigation to determine if the drivers to which they are entrusting their commercial vehicles have a history of reckless driving, have caused several accidents, have DWI accidents in their past, have a history of driving drunk or under the influence of drugs, or have no experience driving the vehicles that they are given. These failures can lead to negligent entrustment that causes an accident, wreck, or collision resulting in serious injuries, catastrophic injuries, or even death.

Texas Truck Accident Lawyer and Commercial Vehicle Accident Lawsuits

Truck and other commercial vehicle accidents can result in fatal passenger accidents, catastrophic injuries, and significant damages to families. It is therefore important for businesses to make sure that their company vehicles, especially, large commercial vehicles are driven by experienced and well trained drivers that do not have histories of reckless and unsafe driving, DWI accidents, fatal accidents, drinking & driving, or driving under the influence.

For more information on Texas Commercial Truck Accident Lawsuits or Texas Company Vehicle Accident Lawsuits, please go to the following web page on Texas Commercial Vehicle Accident Lawsuits.

Investment Fraud, Negligence, and Ponzi Schemes

2009-04-16T14:39:00.002-05:00

Ponzi Schemes are fraudulent investment scams that pay returns to investors from their own money or money paid by subsequent investors rather than from any actual profit earned. Their name comes from Charles Ponzi, who duped thousands of people into investing in a postage stamp speculation scheme back in the 1920s. Ponzi thought he could take advantage of differences between U.S. and foreign currencies used to buy and sell international mail coupons. Ponzi told investors that he could provide a 40% return in just 90 days compared with 5% for bank savings accounts. Ponzi was deluged with funds from investors, taking in $1 million during one three-hour period. Though a few early investors were paid off to make the scheme look legitimate, an investigation found that Ponzi had only purchased about $30 worth of the international mail coupons. Now the term "Ponzi Scheme" applies to investment scheme that "rob-Peter-to-pay-Paul", money from new investors is used to pay off earlier investors until the whole scheme collapses.

Breach of Fiduciary Duty, Conflicts, and Failure of Checks and Balances

With the Madoff and Stanford Group Investment Fraud Allegations has come other allegations that stock brokers, lawyers, accountants, fund managers, investment firms, auditors, and other companies and people that should have recognized fraud have committed negligence, fraud, breach of fiduciary duty, conflicts of interest, and other violations of law that may make them liable for investors' losses. Many investors are beginning to realize that their may be a way to recoup some or most of the money that they lost from their retirement funds, life savings, or other investment.

For more information on large investment fraud news and allegations or seeking compensation for a breach of fiduciary duty, conflict of interest, or failure of checks and balances, please go to the following web page on Investment Fraud, Ponzi Schemes, Conflicts of Interest, Negligence, and Breach of Fiduciary Duty Claims.

Gadolinium Contract Dye and Nephrogenic System Fibrosis Lawsuits

2009-02-02T14:22:00.002-06:00

Gadolinium is a rare earth metal that can be put into dyes and injected into the blood stream to enhance MRI and MRA images. Unfortunately, the use of Gadolinium contrast dyes in people can cause nephrogenic systemic fibrosis (NSF) in patients with kidney problems. Nephrogenic Systemic Fibrosis is a debilitating and potentially fatal disease for which there is no known cure. It is believed that even though some pharmaceutical companies knew about the painful, debilitating, and life-threatening side effects of Gadolinium contrast dyes as early as April 2006, they hid the potential problems caused by the use of Gadolinium in dyes. Though they sold more products, the continued use of dyes with Gadolinium has likely unnecessarily injured and killed many people.

Gadolinium Contract Dye and Nephrogenic System Fibrosis

Persons with kidney problems should avoid any dyes with Gadolinium and should be aware of this potential danger if they are having an MRI or MRA done. Nephrogenic systemic fibrosis (NSF) or Nephrogenic fibrosing dermopathy is a rare and serious syndrome that involves fibrosis of skin, joints, eyes, and internal organs. Scientific research has recently discovered an association between nephrogenic system fibrosis with exposure to gadolinium in patients with severe kidney failure.

In NSF, patients develop large areas of hardened skin with fibrotic nodules and plaques. Flexion contractures with an accompanying limitation of range of motion can also occur. NSF resembles scleromyxedema at the histologic (microscopic) level; it shows a proliferation of dermal fibroblasts and dendritic cells, thickened collagen bundles, increased elastic fibers, and deposits of mucin.

People that have had MRIs and are having unexplained symptoms including skin hardening, fibrotic nodules, strange lesions, deep pain, joint pain, and inability to walk or use of their joints, should contact their doctors to determine if they have Nephrogenic systemic fibrosis (NSF), Nephrogenic fibrosing dermopathy, or renal insufficiency.

For more information on Nephrogenic Systemic Fibrosis or a potential Nephrogenic Systemic Fibrosis law suit, feel free to go to the following web page Nephrogenic System Fibrosis and MRI Contrast Dye Lawsuits.

TARP Fraud Lawsuits, Theft of Government Funds, and Bailout Fraud Lawsuits

2008-12-13T10:47:00.003-06:00

The Troubled Asset Relief Program (TARP) is a $700 Billion Government Bail Out of the troubled United States Banking and Credit System. It was designed to unfreeze the credit market and enable the government to purchase residential and commercial mortgage assets, including whole loans and securities. Unfortunately, after it was announced numerous Corporate interests began scheming on how to get as much of the Bail Out money as possible and use the money not for its intended purpose, but to enrich the corporations and CEOs that were able to fraudulently get a portion of the money.

Other Bail Out Fraud Lawsuits and Qui Tam Lawsuits

The Bail Outs of AIG, Fannie Mae, and Freddie Mac also may lead to potential qui tam claims as approximately $300 Billion in government funds are being used to save these private and quasi public entities. The federal takeover of Fannie Mae and Freddie Mac places a conservatorship on government sponsored enterprises Fannie Mae and Freddie Mac by the US Treasury in September 2008.

American International Group, Inc. (AIG) has also been the recipient of a large government bail out. Like the TARP money, the AIG bail out needs to used for its intended purpose and not to enrich the wealth of a few that find ways to steal bail out money for themselves. Whether you are for or against these large bail outs, we would all agree that it is important that none of this money be fraudulently taken and used to enrich a few individuals.

Economic Incentives for Whistleblowers Lawsuits, Government Fraud Lawsuits, and Qui Tam Lawsuits

Whistleblower Law Suits or Qui Tam Lawsuits, allow whistleblowers to seek compensation on the government's behalf from companies and people that have defrauded taxpayers out of government money.

When a government imposes a penalty, for the doing or not doing an act, and gives that penalty in part to whistleblowers that will sue for the same, and the other part of the recovery goes to the government, and makes it recoverable by action, such actions are called "qui tam actions", the plaintiff is suing on their own behalf as well for the government and taxpayers.

Qui tam provisions of the False Claims Act are based on the theory that one of the least expensive and most effective means of preventing frauds on taxpayers and the government is to make the perpetrators of government fraud liable to actions by private persons acting under the strong stimulus of personal ill will or the hope of gain.

The strong public policy behind creating an economic gain for whistleblowers is that the government would be significantly less likely to learn of the allegations of fraud, but for persons in certain positions with specialized knowledge of fraud that has been committed. Congress has made it clear that creating this economic incentive is beneficial not only for the government, taxpayers, and the realtor, but is an efficient method of regulating government to prevent fraud and fraudulent schemes.

The central purpose of the qui tam provisions of the False Claims Act is to set up incentives to supplement government regulation and enforcement by encouraging whistleblowers with specialized knowledge of fraud going on in the government to blow the whistle on the crime.

The whistleblower's share of recovery is a maximum of 30 percent and the government's prior knowledge of fraud now does not necessarily bar a whistleblower from collecting lost revenue. If the government takes over the lawsuit, the relator can "continue as a party to the action." The defendant is also required to pay for the relator's attorney fees. The whistleblower is also protected from retaliatory actions by his or her employer. As a result a 1986 amendment to the False Claims Act, qui tam lawsuits have increased dramatically. Though the amendment was first made for corrupt defense contractors, the amendment has uncovered billions of dollars in health care fraud and will probably apply to fraudulently obtained TARP and Bail Out Funds.

TARP Financial Fraud Lawsuits, Theft of Government Funds, and Bailout Lawsuits

Through Whistleblower Lawsuits, Qui Tam Lawsuits, and other Government Fraud Lawsuits, hundreds of billions of dollars have been recovered from fraudulent government contractors that have stolen large amounts of money from the government and taxpayers.

It is extremely important that Whistleblowers continue to expose fraudulent billing practices and unnecessary treatments that cost billions of dollars. For more information on TARP Fraud Lawsuits, Bailout Fraud Lawsuits, Government Fraud Lawsuits, and other Qui Tam Fraud Lawsuits, please go to the following TARP Bailout Fraud Web Page.

Texas Intentional Torts and Crime Victims Rights

2008-10-20T16:27:00.002-05:00

Under Texas Law victims of intentional torts such as sexual assault, molestation, rape, offensive touching, assault & battery, hazing, and intentional infliction of emotional harm can seek compensation from the criminals and perpetrators that have committed these intentional torts against them as well as sometimes from other parties that allowed the sexual assault, molestation, rape, or other intentional torts to occur.

An intentional tort arises when a person intends to commit a wrongful act such as sexual assault, physical assault, murder, theft, or molestation which results in serious injury, death, or significant damages. From a legal perspective, it can often be difficult to obtain compensation from a person who commits an intentional tort unless that person is wealthy. This is because most insurance policies do not cover intentional wrongful acts such as murder, sexual assault, rape, molestation, or theft. Further, most criminal and sexual predators do not have money or resources to pay compensation to their victims.

However, sometimes the injuries from a serious crime including sexual molestation or sexual assault result from the wrongful acts of more than one party. An example of this would be when a private school, church, community center, or daycare center has a duty to provide proper supervision of its premises and staff to make sure that the children in their care are safe from harm. If the church, private school, community center, or daycare center hires or allows a person that has a history of molestation or sexual assault to be around children, they may have violated their duty to protect children and negligently allowed a sexual assault or molestation to occur. Similarly, if a homeowner is taking care of someone else's child and allows someone with a history of sexual or violence with children, there may be a potential claim under homeowner's insurance, if the homeowner negligently allows the sexual predator to be alone with the child. Further, if the church, private school, community center, or daycare center allows strangers to access the premises or does not adequately screen or supervise its employees, and a child is molested as a result of the private school's, church's or daycare center's lack of care, the negligent conduct may support a legal cause of action for negligence.

Common intentional torts include sexual molestation, sexual assault, rape, battery, and child abuse. Many of these intentional torts will support a sexual molestation lawsuit or sexual assault lawsuit if the criminal is wealthy or if other parties are negligent in allowing the sexual predator to be alone with children in their care.

Many victims of crimes do not realize that there may be civil actions that can be filed against criminals in addition to criminal charges. In cases where reckless conduct such as when a drunk driver kills someone in a fatal accident, when security officers or bouncers known for violence seriously injure or kill someone, or a rich criminal commits an intentional act such as murder or rape, there are civil laws in Texas that allow the victim or the victim's family to seek compensation.

Texas Drowning Accident Lawsuits and Defective Swimming Pools

2008-09-02T14:56:00.003-05:00

Unfortunately, drowning is the second leading cause of death among children under 14 years of age and is a real danger for young children that are not properly supervised when participating in water sports or live near unsafe or unsecured pools. Consumer Safety Groups and Organizations including the Consumer Product Safety Commission (CPSC) have become aware of many dangers with defectively designed and roped pools and have issued several safety warnings about the importance of pool safety.

There have also been several stories in the news where defective swimming pool drains have caused serious injuries to small children as well as trapped small children under water. These defective pool drain and spa drain accidents have caused several children to have been serious injured or killed due to having body parts entrapped by the drain of a swimming pool, wading pool, or spa. Under normal conditions, pipes leading from a pool's drain, or into the pool's pumps, draw water from the pool creating suction. If something blocks the normal function of a pool drain, the amount of suction can increase as the pump draws water past the obstruction. This increased suction can entrap a small child or person, causing the person to be held underwater, which often leads to brain damage because of lack of oxygen or hypoxia. In extreme situations, defective drains in wading pools have caused a child sitting on the drain outlet to be disemboweled by extreme suction.

For more information on Texas Drowning Accident Lawsuits and Defective Swimming Pool Claims, go to the following Texas Drowning Accident Lawsuits and Defective Swimming Pool webpage.

Healthcare Fraud Law Suits (Qui Tam Claims & Medicare Fraud Claims)

2008-08-01T14:35:00.002-05:00

Law enforcement authorities estimate that health-care fraud costs taxpayers between $60 billion and $100 billion each year. Through Qui Tam Claims and Health Care Fraud Lawsuits, billions of dollars have been recovered from individuals and organizations that have committed health care fraud and stolen large amounts of money from United States Tax Payers.

There are lawful ways that whistleblowers and American Heroes can act as a "Relator" and file Qui Tam Claims and Whistleblower Lawsuits to recover millions or billions of dollars that have been stolen from the United States.

In a recent Qui Tam settlement False Claims Act qui tam or whistleblower lawsuits were settled resulting in a $1.7 Billion recover. Of this settlement, whistleblowers will receive a combined share of approximately $150 million.

For more information on Qui Tam Claims and Whistleblower Lawsuits feel free to go to the following web pages on Health Care Fraud Claims, Defense Contractor Fraud Claims, and Government Contractor Fraud Claims.

Texas Trasylol Lawsuits

2008-07-04T16:24:00.001-05:00

Evidence has shown that the heart surgery drug, Trasylol, can cause significant health problems including kidney failure resulting in death or the need for dialysis. Unfortunately, even though there has been significant knowledge of these potential health problems those profiting from the sale of Trasylol were slow to pull the drug off the market potentially causing thousands of deaths and kidney damage in tens of thousands of heart patients.

Texas Trasylol Lawyer (Texas Trayslol Lawsuits)

Delays in pulling Trasylol from the market and publicizing the known and suspected health risk of Trasylol may have caused thousand of unnecessary deaths as well as caused many heart surgery recipients to suffer unnecessary kidney failure damage. Because of the large number of people this drug may have hurt or killed, several Trasylol Lawyers are investigating potential Trasylol lawsuits including when the manufacturer first learned of potential health risks of the drug and if anyone intentionally concealed these health risks. Further, several Trasylol lawyers are investigating if these same corporations and people may have over stated the benefits of Trasylol in order to maximize profits.

It is estimated that the annual projected sales of Trasylol was over $600 million producing huge profits for those that had a duty to disclose any know health hazards with the drug.

Texas Trasylol Attorney Jason Coomer is working with several lawyers throughout Texas and the United States in reviewing fatal Trasylol lawsuits and seeking compensation for those that have lost a loved one from the drug, are now on kidney dialysis for life, or have suffered a stroke.

For more information on Texas Trasylol Lawsuits, go to the following web page on Texas Trasylol Lawsuits and FDA Trasylol Warnings.

Business Partnership and Dissolution Issues

2008-06-27T17:16:00.001-05:00

When a business, joint venture, or partnership breaks up, it is often as bad as a divorce. The former business partners typically know where all the assets of business are and feel that they are entitled to more than half. They also often know how to hit the emotional buttons of their former business partners and do so during negotiations and litigation. The battle for possession of clients, accounts, intellectual property, employees, and other assets can be fierce. All too often former business partners have to hire lawyers and accountants to collect their fair share of a business.

For more information on Business Partnership and Dissolution Issues, go to the following web page on Business Partnership and Dissolution Issues.

Defense Contractor Fraud Lawsuits and Qui Tam Lawsuits

2008-06-24T16:41:00.003-05:00

During the Civil War, Abraham Lincoln enacted the Federal Civil False Claims Act in response to corrupt defense contractors that were defrauding the United States out of vast amount of money and putting troops at risk by supplying troops with defective products and faulty war equipment. Unfortunately, some fraudulent defense contractors and other fraudulent government contractors have been defrauding the United States and making big profits. Illegal price gouging and government fraud has become common practice and the armed forces of the United States are suffering. As such, it is now time for whistleblowers and American heroes to blow the whistle on these contractors that are defrauding the United States, stealing from the United States, and placing our troops in danger.

Defense Contractor Fraud Claims in the News

The United States Department of Defense spending for goods and services in Fiscal Year 2007 exceeded $300 billion. With this increased budget has come relaxed oversight and regulation. Quality control and proper testing of these good and services has become lax as documentation for large defense contracts has been reduced allowing fraudulent contractors to get away with defrauding the Pentagon, Department of Defense, and United States.

Recently several news stories have surfaced regarding suspected defense contractor fraud and government contractor fraud. These news stories on potential Defense Contractor Fraud Claims and Government Contractor Fraud Claims will become more common as government fraud, no bid contracts, and poor oversight are discovered. For more information go to the Law Offices of Jason S. Coomer, PLLC Defense Contractor Fraud Claim and Qui Tam Lawsuit Webpage.

Qui Tam Lawsuits and Defense Contractor Fraud Lawsuits

In 1986 as a result of increased government contractor fraud, Congress amended the False Claims Act in order to make it easier for whistleblowers to file claims against fraudulent corporations and individuals including fraudulent defense contractors. The act protects the Whistleblower or Relator from retaliation.

As the Defense Contractor Budget has grown so has Defense Contractor Fraud and Government Contractor Fraud. As fraud against the government has grown, the need for government heroes has grown to blow the whistle on greedy businesses that are defrauding the United States and putting our military forces in jeopardy in order to make money. For more information on Qui Tam Lawsuits and Defense Contrator Fraud Lawsuits go to the Law Offices of Jason S. Coomer, PLLC Defense Contractor Fraud Claim and Qui Tam Lawsuit Webpage.

Asbestos Mesothelioma and Asbestos Cancer Lawsuits

2008-06-10T15:59:00.002-05:00

Asbestos Mesothelioma and Asbestos Cancer Lawsuits

Exposure to Asbestos has been scientifically linked to several forms of asbestos cancer including mesothelioma. These asbestos cancers all too often result in a painful death for the person that was exposed to asbestos products. Despite knowledge of the dangers of asbestos products and negligent asbestos abatements, many corporations have sold and used asbestos products as well as many other corporations have failed to use proper asbestos abatement procedures to remove asbestos from buildings. Far too many businesses have made the decision that making more money through selling, using, or improperly removing asbestos products is more important than the health and lives of workers and there families.

It is in these instances where the law needs to step in and make businesses that sell dangerous asbestos products, manufacture dangerous asbestos products, or intentionally fail to adhere to proper asbestos abatement procedures.

For more information on mesothelioma, asbestos products, secondary exposure, and asbestos cancer, go to Texas Asbestos Cancer Lawyer Jason Coomer's Webpages on Mesothelioma, Asbestos Products and Use, Secondary Exposure, Asbestos Product Dumping, or Asbestos Cancer.

Texas Motorcycle Accident Lawsuits

2008-06-09T15:17:00.002-05:00

Austin Texas Motorcycle Accident Lawsuits and Insurance Claims

Austin and the Texas Hill County are beautiful places to ride your motorcycle. Every spring and summer tens of thousands of bikers ride through Austin and the Texas Hill Country enjoying their freedom, the scenic hill country, and the fun that is Austin, Texas. With Austin comes heavy traffic, many careless drivers, and many large vehicles that do not give bikers enough room and some that actually fail to see bikers and cause serious accidents. Unfortunately, many of these motorcycle accidents result in serious injuries to the person on the motorcycle.

Unfortunately, insurance companies do not always adequately compensate those injured in serious collisions or the families of persons killed by negligent drivers. They prefer to pay as little as possible on legitimate accident claims when they can get away with it. Many insurance companies will not offer reasonable compensation to the injured person or the family of a person wrongfully killed by an accident until a lawsuit is actually filed.

Whether the accident was caused by reckless driving, mechanical error, and/or alcohol, it is important to understand how insurance companies review claims including liability insurance, PIP, medical pay, uninsured, and underinsured motorist coverage as well as liability & damages including medical expenses, lost wages, future losses, impairment, disfigurement, pain and suffering and other damages.

For more information on Texas motorcycle accident claims and Austin motorcycle accident lawsuits, go to the following webpage.

Industrial Accident and Texas Plant Explosion Lawsuits

2008-06-09T15:10:00.003-05:00

Industrial Accident Lawsuits and Texas Plant Explosion Lawsuits

Industrial accidents including plant explosions can cause catastrophic damages, severe injuries and even death. A number of safety violations can cause a plant explosion including chemical releases, failure to provide proper maintenance, combustible dust, improperly trained staff, and old equipment.

United States and Texas Plant Explosions

As Texas and the United States have become more industrialized Plant Explosions and other industrial accidents have become more and more common. This has become especially true with aging infrastructure of many industrial plants and the corporation controlled OSHA safety agency that has weakened safety regulations and protections for workers. These factors combined with many corporations deciding to save money at the expense of worker safety have lead to many devastating plant explosions and industrial accidents.

Plant Explosions and Combustible Dust

Combustible Dust is problem that has been know for years. For those familiar with the grain industry, it is commonly understood that grain dust is more flammable than grain. It is hard to burn grain, but if you have a large pile of grain dust the small particles become more flammable. For this reason there are several regulations on the grain industry to prevent fires and explosions. Likewise other materials like metal are typically not flammable, but when in dust form they become flammable and in large quantities can cause a plant explosion.

For more information on Texas Plant Explosions, Industrial Accident Lawsuits, and Combustible Dust, feel free to visit the Law Offices of Jason S. Coomer Industrial Accident Lawsuit and Texas Plant Explosion Webpage.

Texas Crane and Construction Equipment Lawsuits

2008-05-12T14:56:00.002-05:00

Using cranes, bulldozers, tower cranes, backhoes, cherry pickers, and other construction equipment have become common sights on Texas construction sites. This construction equipment is useful and allows construction projects to rapidly move forward as well as construction companies to erect large buildings and other construction projects that they otherwise be unable to do without modern construction equipment. However, because of the power and complexity of this construction equipment, it is extremely important that this construction equipment is operated by skilled and well trained construction workers who follow safety regulations and instructions.

Failure to follow safety regulations and procedures can result in fatal construction accidents as well as construction accidents resulting in serious injuries and substantial damages. From collapsing cranes to lost unsecured loads to improperly stacked building supplies, the rise in construction has resulted in additional construction accidents.

Texas Crane Accidents and Safety Regulations

Moving large, heavy loads is crucial to today's manufacturing and construction industries. Much technology has been developed for these operations, including careful training and extensive workplace precautions. However, problems and accidents arise when construction companies, construction workers, and crane operator's get careless or try to save money at the expense of safety.

Some of the most serious construction accidents happen as a result of the misuse of heavy equipment including cranes, tower cranes, and backhoes. The potential dangers of operating a crane include collapsing cranes, cranes flipping or toppling over, cranes coming into contact with live power lines resulting in the burning or electrocution of the operator, and improperly secured loads falling on workers and/or bystanders.

For more information on Texas Construction Equipment Accidents for to the following Web Page on Texas Crane & Construction Equipment Accident Lawsuits.

Texas Guardianships

2008-05-01T15:16:00.002-05:00

Guardianship Applications and Contests

A guardianship is sometimes needed when a person cannot take care of herself or himself. Typically, a Texas Probate Court will look to alternative less drastic measures to avoid a guardianship or making someone a ward. This is because a guardianship takes a person's rights away including use of their finances and decisions on their daily care. An Application for a Guardianship should only be filed to further a person's best interests.

Incapacitated Persons and Guardians

According to the Texas Probate Code Section 601 (14), there are three types of incapacitated people that need guardians. The first is a minor which includes those under 18 years of age that have not been emancipated. The second are adults who because of a physical or mental condition, are substantially unable to provide food, clothing, or shelter for themselves, to care for their own physical health, or to manage the individual's own financial affairs. The third are people that must have a guardian appointed to receive funds due the person from any governmental sources.

A person is determined to be "incapacitated" upon a finding by a court that the person lacks the capacity to do some, but not necessarily all, or the tasks necessary to care for himself or herself or to manage his or her property.

A court may appoint a guardian with full authority over an incapacitated person or may grant a guardian limited authority over an incapacitated person as indicated by the incapacitated person's actual mental or physical limitations and only as necessary to promote and protect the well-being of the person. If the person is not a minor, the court may not use age as the sole factor in determining whether to appoint a guardian for the person. In creating a guardianship that gives a guardian limited power or authority over an incapacitated person, the court shall design the guardianship to encourage the development or maintenance of maximum self-reliance and independence in the incapacitated person.

Setting Up A Guardianship & Filing an Application for Guardianship

An Application for Guardianship can be filed by any person that does not have an adverse interest to the proposed ward. This rule is to make it easy for a good Samaritan to help a person that is unable to help themselves, but to prevent people from attempting to take control over people that they owe money to or are fighting in a court battle. Most applications for guardianships are filed and determined in a county court or probate court, however, the determination can be transferred to District Court. To have a guardian appointed the applicants must have a medical report from a doctor that states that the proposed ward is substantially unable to take care of themselves. This medical report can be obtained prior to the application or as part of the court's determination.

Drive By Guardianships & the Race to the Court House

A proceeding for the appointment of a guardian for the person or estate, or both, of an incapacitated person shall be brought 1) in the county in which the proposed ward resides, or 2 ) is located on the date the application is filed or 3) in the county in which the principal estate of the proposed ward is located. If there are multiple counties where the application for a guardianship can be heard, then the place where the first application is filed controls. Combining this rule with 2) above, we have instances where a family member is brought for a visit for the purpose of filing for an application to get the proceeding in a local court. This can be convenient, but also can create races to the court house for different family members.

The Duties of a Guardian

The duties of a guardian are not only to take care of the ward or minor, but to manage the ward's finances or estate. Included in these duties are accounting reports that must be filed in managing the ward's finances. The failure to properly manage the estate or prepare the accounting reports can be a breach of fiduciary duty and can subject the guardian to liability for any misspent money or unaccounted assets.

If someone close to you is in need of a guardian and needs someone to take care of their financial affairs or even worse if there are others that are attempting to wrongfully seize your or someone you love's assets, make sure that there is someone to look out for your interests. A court appointed attorney may help Someone to assist in seeking inventories and obtaining an accounting as to what has been spent and what needs to be done to free up property and assets.

For more information on Austin Texas Guardianships, go to the following web page on Travis County and Austin Texas Guardianships.

Whistleblowers, American Heroes, and Qui Tam Lawsuits

2008-04-29T16:36:00.001-05:00

Whistleblowers, American Heroes, and Qui Tam Claims

During the Civil War, corrupt military contractors were defrauding the United States Army out of hundreds of thousands of dollars and putting troops at risk by supplying troops with defective products and faulty war equipment. Illegal price gouging was a common practice and the armed forces of the United States suffered. In response, Abraham Lincoln enacted the Federal Civil False Claims Act. A key provision of the act was known as qui tam.

The abbreviation is from Latin and refers to "a person who files a suit for the king as for himself". Qui tam laws have existed for centuries as deceptive government contractors have been around as long as government contracting has. Qui tam actions allow a private citizen to file a lawsuit on behalf of the U.S. government in an effort to recover losses caused by fraud against the government. The law is an incentive for civilians who know of individuals or companies making false claims for profit to come forward with information. In reward, the "whistleblower" (also known as the relator) shares in any federal revenue recovered.

For more information on Texas or Federal Qui Tam Lawsuits including defense contractor fraud, highway contractor fraud, health care fraud, or other governmental contractor or subcontractor fraud feel free to go to the following webpage on government contractor fraud lawsuits. It takes American heroes to keep corrupt government contractors from defrauding the United States Government out of millions or billions of dollars.

Texas Breach of Fiduciary Duty Lawsuits

2008-04-29T16:16:00.003-05:00

Under Texas law, Guardians, Executors, Administrators, and persons holding powers of attorney have a fiduciary duty to protect the property of a ward, estate, or the person for who they hold a power of attorney. Fiduciaries that negligently or intentionally lose or steal money can be held accountable for fraudulent or negligent actions.

Texas Executor Fraud Lawsuits & Breach of Fiduciary Duty Lawsuits

An executor of an estate has to take an oath to fulfill the wishes of the decedent's Will. Failure to properly comply with the Will or violating the oath of the executor can result in a breach of fiduciary duty lawsuit against the executor for failure to comply with the decedent's wishes.

Executors that commit fraud or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts. If you are a beneficiary of a Will and an executor has negligently lost or intentionally stolen estate property, it is important to hire a Texas Negligent or Fraudulent Executor Lawyer that can help rightful beneficiaries seek compensation for theft or negligence by an executor.

Texas Administrator Fraud & Breach of Fiduciary Duty Lawsuits

Administrators like Executors have a duty under Texas probate law to properly manage and distribute an estate. Administrators have to take an oath to fulfill Texas law in managing an estate. Failure to comply with Texas probate can result in a breach of fiduciary duty lawsuit against the administrator for failure to comply with the decedent's wishes.

Administrators that commit fraud or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts. If you are an heir or beneficiary of a estate that has been mismanaged, it is important to hire a Texas Negligent or Fraudulent Administrator Lawyer that can help rightful heirs and beneficiaries seek compensation for theft or negligence by an administrator.

Texas Powers of Attorney Fraud & Breach of Fiduciary Duty Lawsuits

Persons holding a power of attorney for someone else have a fiduciary duty to keep records of the transactions that they make for that person as well as to act in that person's best interest. Intentional or negligent failure to adhere to these fiduciary duties can result in legal action against the person holding the power of attorney.

Texas Inheritance & Probate Fraud Lawsuits and Texas Fiduciary Duty Lawsuits

Texas Inheritance & Probate Fraud Lawyer Jason Coomer handles breach of fiduciary duty lawsuits and claims where probate fraud, guardian fraud, executor fraud, Will fraud, Will forgeries, misuse of a power of attorney, or other malfeasance has occurred. As a Texas Probate & Inheritance Fraud Lawyer, he helps wards, heirs, and beneficiaries seek compensation from guardians, executors, administrators, and others that have intentionally stolen or negligently lost money and other property.

Big Spring, Texas Refinery Explosion Alon USA

2008-02-18T14:26:00.003-06:00

According to the AP, at least four people were injured and a blast could be felt miles away from the Big Spring, Texas Refinery Explosion operated by Alon USA. The Explosion occurred around 8am Monday, February 18, 2008.

[Click here for more information about plant explosions]

Defective Smoke Detectors and Aluminum Wiring a Recipe for a Fatal Home Fire

2007-12-19T16:47:00.000-06:00

A working smoke alarm on every level of a home and in each bed room is an important safety feature to have in your home. The United States Fire Administration provides information on smoke alarms including the following brochure on What You Need to Know about Smoke Alarms as well as information on defective smoke detectors that you should be aware of and avoid.

As of December 2007, the United States Fire Administration had recalls notices on Digital Security Controls FSA and FSB Series Smoke Detectors, First Alert Onelink Battery-Powered Smoke and Combination Smoke/Carbon Monoxide (CO) Alarms, and BRK Brand Hard-Wired Battery Back-Up Smoke Alarms, Models 4120B and 4120SB. For more information on these smoke alarms, contact the United States Fire Administration or the manufacturers of these products.

Defective smoke detectors and smoke alarms are especially problematic for fires that occur at night, when people are sleeping, when people are disabled, or when the fire is hidden. This is because a failure to warn of a fire can allow the fire to spread. Once the fire has spread smoke can accumulate taking away oxygen and creating toxic fumes that can cause people and pets to pass out from smoke inhalation.

Austin Texas Home Fire Claims (Aluminum Wiring)

When purchasing, renting, or deciding to live in an older home it is important to know when it was built and if it was built with aluminum wiring in it. This is because many homes built in the 1960s and 1970s were built with aluminum wiring that can over heat and cause a fire. Additionally, over time the aluminum wiring in these homes typically deteriorate making the risk of an accidental electrical fire increase.

If you own or are thinking of buying or renting an older home it is important to know if you have aluminum wiring. If your home will have aluminum wiring, it is also a good idea to review the Consumer Product Safety Commissions Recommendation for Aluminum Wiring in Homes and to make sure that your home has working smoke detectors. This knowledge can help avoid a fatal home fire or fire tragedy.

Austin Texas Home Fire Claims (Aluminum Wiring & Defective Smoke Detectors: Increased Risk of Fatal Home Fire)

Both aluminum wiring and defective smoke detectors increase the risk of a fatal home fire that could cause devastating loss of life, serious burns, catastrophic injuries, and significant property damage. It is always best to lower these risk as much as possible for your health and safety as well as that of your family.

Austin Texas Home Fire lawyer handles fatal fire claims and other accidental fire claims that cause serious injuries, significant loss of property, or death. Recovering from a home fire, can be difficult. Not only is there the loss of life or serious injuries to deal with, but the actual clean up and rebuilding. From the fire damage to smoke and fire suppression damage, residential fire claim typically require significant resources to clean up and rebuild the home. As such, it can be extremely difficult to deal not only with the loss of life, injuries, and damages, but to also deal with the builder, insurance company, or other large company that may be responsible for the home fire.

For more information on fatal home fires, defective smoke detectors, or aluminum wiring, please go to the following web page on Texas Fatal Home Fire Claims.

Smoke Inhalation Claims

2007-12-03T17:01:00.000-06:00

Smoke inhalation is the number one cause of death related to fatal fires. An estimated 50%-80% of fire deaths are the result of smoke inhalation injuries rather than serious burns. This is significant as it is estimated that in the United States, each year over 30,000 people are killed or seriously injured by fire and smoke inhalation.

Smoke inhalation from an accidental fire can cause difficulty breathing, carbon monoxide poisoning, and other toxic effects that can result in serious injuries or even death. Smoke inhalation occurs when a person breathes in smoke or the products of combustion during a fire. The fire not only uses the surrounding oxygen in the air taking the oxygen that humans need to breathe, but through burning or combustion (the rapid breakdown of a substance by heat) creates smoke which is a mixture of heated particles and gases that are created by burning.

It is impossible to predict the exact composition of smoke produced by a residential fire or industrial fire as every accident fire is different. The products being burned, the temperature of the fire, and the amount of oxygen available to the fire all make a difference in the type of smoke produced. This is especially true when furniture, appliances, and other items made up of plastic or other chemicals is burned. The resulting smoke can be filled with irritants or toxins and result in serious respiratory problems or even death.

Smoke inhalation can damage the body by simple asphyxiation (lack of oxygen), chemical irritation, chemical asphyxiation, or a combination of these. Combustion can use up the oxygen near the fire and lead to death when there is no oxygen for a person to breathe. Smoke itself can also contain products that do not cause direct harm to a person, but they take up the space that is needed for oxygen. Carbon dioxide acts in this way.

Combustion can also result in the formation of chemicals that cause direct injury when they contact the skin and mucous membranes. These substances disrupt the normal lining of the respiratory tract. This disruption can potentially cause swelling, airway collapse, and respiratory distress. Examples of chemical irritants found in smoke include sulfur dioxide, ammonia, hydrogen chloride, and chlorine.

A fire also can produce compounds that do damage by interfering with the body's oxygen use at a cellular level. Carbon monoxide, hydrogen cyanide, and hydrogen sulfide are all examples of chemicals produced in fires that interfere with the use of oxygen by the cell during the production of energy. If either the delivery of oxygen or the use of oxygen is inhibited, cells will die.

Feel free to go to the following web page on Texas Smoke Inhalation Claims for more information.

The Insurance Industry Reaps Huge Profits at the Expense of Claimants

2007-08-21T17:10:00.000-05:00

The Insurance Industry including Allstate, State Farm, Farmers, USAA, and Progressive have made billions of dollars over the past several years. These record profits have occurred despite many Americans suffering huge losses from major hurricanes and other disasters. A main reason for this profitability in the insurance industry is the aggressive procedures Allstate and many insurance companies have installed to deny and delay paying claims. This tactic of denying and delaying payment of claims has helped the insurance industry to obtain over $44 billion in profits in 2005 and what looks to be almost $60 billion in profits in 2006. It also has taken money from Texas families and businesses that have suffered the loss of a loved one, serious injuries, loss of home & possessions, or covered business losses.

Despite huge profits the insurance industry continues to find ways to not pay legitimate claims. CNN recently did a news story on All State and Farmers Insurance strategy of Denying, Delaying, and Defending all small claims regardless of the validity of the claim. In Defending all insurance claims, they spend millions of dollars defending small claims in a hope that most injured claimants or damaged claimants will give up or accept a settlement of pennies on the dollar. As most injured people do not want to fight a large insurance company or have the resources to survive when they can't work or have lost their home or business, many people with legitimate insurance claims accept low settlements.

For information on Texas insurance claims, go to Texas Insurance Claim Lawyer Jason Coomer's Website.