News

Lawsuit Against Tulsa Schools After Bus Crash 2015

February 12, 2016 11:04 am

In April of 2015, a bus full of elementary school students crashed when bad weather caused the bus to lose control. 6 school children were injured, and one family is filing a lawsuit against Tulsa Public Schools.  The weather was rainy and the Wallace family, parents to one of the students on the bus, believe the bus driver was driving too fast considering the weather conditions. The bus crash seems to be due to the negligence of the driver, who lost control, tried to correct but ended up crashing the bus.

Bus Crash Facts

It was sited by a police report that the driver was traveling at 51 miles per hour. Though the speed limit was 65 miles per hour, the Wallace family believes it was still too fast for a bus to be driving on wet roadways.

According to the National Highway Traffic Safety Administration, a school bus can hydroplane going as little as 30 miles per hour when it is wet outside. Our very own Pat Carr, is handling the lawsuit for the Wallace family.

Carr & Carr Attorneys

While the Tulsa Public Schools have no commented on the lawsuit, the family is asking for $75,000 to help with medical expenses and suffering. We at Carr & Carr do more than simply fight for our clients. Every one of us, from the receptionist waiting to greet you to the paralegals and attorneys, genuinely cares about you.




Attorney Laurie Koller Panelist At “Civil Justice For Victims Of Crime” Seminars

January 4, 2016 4:31 pm

Attorney Laurie Koller was a featured panelist at seminars in Tulsa and Oklahoma City, presenting vital information on how victims of crime can receive help through civil lawsuits.  The seminar was presented through the National Crime Victim Bar Association, which helps crime victims pursue civil justice.

Attendees included victim advocates, mental health service providers, law enforcement workers, policy makers, social workers and others whose job — and passion — it is to help people who have been victimized.  The seminar was designed for advocates to share with victims to explain the differences between the civil and criminal systems, inform victims of their rights in the civil system, and let victims know where they can turn for assistance.  Topics included:

  • Victims’ Financial Losses and Potential Sources of Compensation
  • Why File a Civil Lawsuit?
  • Comparing Civil and Criminal Justice
  • Parties in a Civil Lawsuit
  • Statutes of Limitations
  • Types of Civil Lawsuits
  • Victim Privacy
  • Filing a Civil Lawsuit
  • Discovery, Trial and Damages
  • Judgment and Enforcement
  • When a Perpetrator Sues a Victim

Download the brochure here for more details: http://victimsofcrime.org/docs/NCVBA/standard-cj-bro-final.pdf?sfvrsn=2




Why you need a personal injury attorney at Carr and Carr

September 8, 2015 11:14 am

Whether you are run down in a crosswalk while crossing the street, mauled by the neighbor’s dog, or rear-ended by a tractor-trailer, you might suffer debilitating injuries. Some injury victims are tempted to personally negotiate their legal claim for financial compensation with the at-fault party’s insurance company only to realize they have made a grave mistake after receiving a lowball settlement or no recovery at all.  An insurance adjuster will salivate at the prospect of taking on a self-represented party because this is akin to a little league baseball player trying to face a major league pitcher. Our experienced Oklahoma Personal Injury Attorneys at Carr & Carr, Attorneys at Law, have provided an overview of ways that a skilled and experienced lawyer can add value to your case.

Determining the Value of Your Claim: A fundamental aspect of negotiating a settlement or pursuing a verdict at trial for an injury claim involves properly estimating the value of a case. This is a complex process because many factors impact the value of a claim, such as: severity of injury, nature of permanent disability, medical bills, lost wages, diminished earning capacity, strength of evidence of fault, comparative fault of the injury victim, availability of insurance, policy limits, egregious nature of the conduct, amount of property damage, and a multitude of other factors. Personal injury lawyers have experience evaluating cases based on weighing the factors that impact damages because of the large number of cases they have handled. Our law firm will consider our past cases as well as the difference between those cases and the current case. We also conduct research on verdicts and settlements involving similar types of accidents and injuries from similar cases in Oklahoma.

Navigating Complex Legal Standards, Evidentiary Rules & Applicable Procedures: For the uninitiated, the civil litigation process is a minefield that is extremely difficult to navigate. Whether the hurdle involves the special notice requirements required to sue a public entity or complying with the statute of limitations to avoid being barred from filing a lawsuit, the failure to navigate these procedures can have a devastating impact. A personal injury lawyer understands the legal standards that apply to a particular negligence claim, such as the standard of ordinary care for a motorist in a car accident or the higher standard applicable to a physician in a medical malpractice case. A layperson has virtually no hope of successfully working within the many technical rules that are second nature for an insurance defense lawyer with extensive law school training and practice experience.

Litigation Resources: The cost to pursue a personal injury claim easily can be tens of thousands of dollars or more. Effective litigation of a tractor-trailer, medical malpractice, defective product, or other type of case involves a broad range of expenses that can include filing fees, expert witness fees, video production costs, exhibit preparation cost, court reporter fees, postage, copying costs, and many other expenses. Even if an injury victim can afford the cost of litigation, Carr & Carr advances  all lawsuit-related expenses.

Shifting Risk of Loss: When a personal injury lawyer decides to represent an injury victim, the law firm generally assumes the financial risk of a defense verdict at trial. Because Carr and Carr handles personal injury claims on a contingency fee basis, we do not collect attorney fees unless and until they obtain a settlement or judgment. This means Carr and Carr risks not being compensated for the time and effort invested in pursuing the case. Further, Carr and Carr absorbs the expenses advanced, so the entire financial risk of pursuing a legal claim in this type of lawsuit falls on the law firm.

Access to Network of Experts: Carr and Carr routinely represent victims of a motorcycle crashes, slip and fall, rollover accidents, and other type of incident causing injuries.  As a consequence, we routinely work with individuals with specialized knowledge. A compelling claim frequently requires several experts in diverse areas like accident reconstruction, engineering, medical disciplines, vocational training, mental health, and more. A layperson faces an enormous challenge in locating, evaluating, and affording experts when unrepresented.

If you have suffered injury because of the negligent, reckless, or intentional conduct of an individual, corporation, or public entity, our personal injury lawyers at Carr & Carr are fierce advocates for injury victims. Our law firm is committed to holding individuals and entities accountable for unsafe acts and intentional misconduct that harms others. Our law firm has offices located in Tulsa, Oklahoma City, and Northwest Arkansas in Springdale, so call us today at 877-392-4878 to schedule your free consultation.




What Are Punitive Damages?

July 23, 2015 1:38 pm


In both Oklahoma and Arkansas, there are generally two categories of damages: compensatory and punitive. Compensatory damages are designed to compensate the injured person for things such as medical bills, lost wages, and pain and suffering. Punitive damages are different. Punitive damages are designed to punish the person or business that caused the injury. Not every injured person can seek punitive damages. Instead, punitive damages are only allowed when the at-fault person or business acted recklessly in causing the injury. For example, a person could likely seek punitive damages against a drunk driver that caused a car wreck and caused the person to be injured since driving drunk is a reckless thing to do. However, a person who is injured by another driver that pulls out in front of them is unlikely able to recover punitive damages unless the person can show that the other driver was doing something reckless (i.e., texting and driving, driving under the influence of alcohol, etc.)

If you have been injured and would like to know if you can seek punitive damages against the offending party, please contact the Oklahoma and Arkansas Attorneys at Carr and Carr Attorneys. We will provide you with a free consultation. We have offices in both Tulsa, Oklahoma City and Northwest Arkansas and can travel to any place to meet you.




Do I need a lawyer if I’m in a car accident?

July 2, 2015 3:57 pm

If you’ve been injured in a car accident, you might be wondering whether you should handle the claim on your own or if you should hire an attorney.  Insurance companies tend to low-ball individuals who are not represented by an attorney because the insurance company knows that the injured person likely does not have extensive knowledge of the law and does not have the means of filing a lawsuit and litigating the case. In other words, when the insurance carrier hears complaints from an injured person about a low settlement offer, the insurance adjuster is thinking “So what? What can you do about it?”

Carr and Carr Attorneys can maximize the value of your case because insurance carriers know that if they are not fair to our client then we will file a lawsuit and pursue the case in court, something that unrepresented individuals often cannot do.  We have built a solid reputation for the last 40 years by holding insurance companies accountable for the injuries caused by their insured drivers.  Insurance carriers are aware of this and we believe this is reflected in the settlement outcomes we achieve for our clients.

Further, by having Carr and Carr represent you, we will collect all the evidence available to prove your case.  Lastly, we will handle negotiations with the insurance carrier so that you can focus on getting better. Of course, we will keep you informed every step of the way and will work with you on determining what an appropriate settlement demand should be.

Lastly, there is nothing to lose by hiring an auto accident lawyer at Carr and Carr since we do not charge anything if we are unsuccessful for you.  We only get paid when you get paid. If you would like to talk with a car wreck at Carr and Carr, please feel free to contact us. We have offices in Tulsa, Oklahoma City and Northwest Arkansas. If you cannot travel to our office, we will gladly come to where you are.

 




Danger Alert: SodaStream can cause serious injuries

June 9, 2015 9:00 pm

stock image of soda stream productThere are many products out in the market today that attempt to make our lives easier or more enjoyable; however, some have devastating consequences to users.  For example, SodaStream is advertised as a healthy alternative to commercially bottled beverages. The power behind the design is a CO2 carbonator that infuses ordinary tap water with carbonation to make it fizzy. But, stand back – way back – when hitting the carbonation button, according to a number of customer reviews.

An example we discovered: a woman allegedly received cuts and bruises, along with a hole in her ceiling, from flying parts while making making seltzer water using SodaStream with the signature CO2 cartridges. According to the woman, “[t]he bottom blew out of the plastic bottle with such force that the top of the unit exploded and sent metal and plastic parts more than 30 feet in all directions.”

Another customer review alleges that the cap “explosively” comes off when removed, or if the bottle is dropped, spewing contents in every direction. Specifically, he noted that “[t]he cap will blow off with enough energy to cause an injury if your hand isn’t covering the top of the cap, and about half the contents will be on the floor in any case.”

Both of these reviewers state they were using the SodaStream manufacture-suggested CO2 and bottles when these detonations occurred. Concerns over the quality and grades of CO2 cartridges recommended by SodaStream have also been voiced by consumer product reviewers.

Contact Carr & Carr Today to Receive the Quality Representation You Deserve

If you’ve been injured or hurt due to using a SodaStream or a similar defective product, please contact the personal injury attorneys at Carr & Carr. We might be able to help you receive compensation allowed by law for damages or injuries. We work with individuals and families across the United States who have been hurt by dangerous products. It doesn’t cost you anything to call and talk to an attorney to see what options you have.

Please be aware that persons hurt by a dangerous product have only a limited period of time to settle claims or file lawsuits for damages. Those limited periods of time are determined by various state and federal laws. Failure to have all claims settled or all possible wrongdoers properly sued in court within the deadlines allowed by the appropriate state or federal laws will result in the loss of important rights. The loss of those rights includes the right to claim damages for injuries. Other rights will also be lost. Please contact us if you intend to pursue your rights to claim damages permitted before these deadlines pass.

 

 




“Granny Cam” Laws Seek To Protect Against Elder Abuse

June 5, 2015 1:58 pm
elder abuse in nursing homes

If your parent or elderly relative has been abused or neglected while living in a nursing home or assisted living facility, call Carr & Carr Attorneys.

Making the decision to transition your parent or elderly relative into a nursing home facility can be a particularly stressful time for families searching for the right facility. Even after selecting a long-term care facility, thoughts about the quality of care that your loved one is receiving may follow you. Incident reports of elder abuse and neglect in nursing homes have increased across the United States as facilities competing to fill beds have cut back on the quality of care provided. Signs of elder abuse or neglect can include unexplained injuries or bruising, bedsores, or malnutrition.

Families seeking to discover what happens to their loved one when they’re away have increasingly turned to using “granny cams.” Similar to nanny cameras used by parents to keep a watchful eye on their children, electronic surveillance cameras have been used by some families in nursing homes to observe their family member. Some recordings have captured shocking acts of elder abuse. A New York Times blog article discussed an Oklahoma City nursing home incident in which a motion-activated camera placed by a daughter in her mother’s room at a nursing home caught an aide exacting physical abuse on her mother by inserting latex gloves into her mouth, taunting her, and performing heavy-handed chest compressions on her among other things. The deplorable actions and subsequent outcry prompted Oklahoma to become the third state to explicitly allow nursing home residents to use surveillance cameras in their rooms.

Balancing Individual Privacy Rights and Preventing Elder Abuse

Currently, no federal law grants individuals with the right place electronic surveillance equipment in nursing homes thereby leaving each state to implement their own laws. For states that have enacted or are considering legislation addressing electronic monitoring, finding the right balance between protecting an individual’s right to privacy and preventing the potential for elder abuse has been a challenge. Advocates against the use of granny cams argue that the cameras are an invasion of the resident’s right to privacy as the family or representative would be viewing the recording. Further, the nursing home care industry has voiced concerns about their privacy rights being violated, especially in instances where equipment is hidden, and the potential for higher staff turnover seeking to avoid constant scrutiny.

Those in favor of the electronic devices argue that cameras would allow family members to monitor the care being provided. If any abuse by an employee was recorded, then he or she could be terminated. Additionally, employee awareness of the potential for electronic surveillance could decrease the risk of abuse based on the presumption that employee is more likely to be on their best behavior when under the belief that they’re being watched. For example, knowing that one might be recorded could reduce potential for physical or sexual abuse, ensure that meals are given on time and feeding assistance is provided if required, ensure that medicine is distributed according to schedule, and confirm that residents are being treated well.

According to a report published by the Pew Charitable Trust organization, state laws have varied on the subject. For example, Maryland allows cameras in resident’s rooms only if the entire facility permits use of the cameras. Texas requires residents installing cameras to post notices outside the door of their room to let those that enter know that they are being recorded. Currently, only New Mexico, Texas, Oklahoma, and Washington have laws granting individuals the affirmative right to install surveillance cameras in their nursing home rooms. Legislation is currently under consideration in Illinois, Missouri, and Arkansas.

Oklahoma Law Favors the Resident

In 2013, Oklahoma legislators unanimously voted to enact the Protect Our Loved Ones Act. Considered to be “pro-resident,” the law allows nursing home residents or their representatives to install electronic monitoring devices in their rooms at their own expense and strictly prohibits nursing home employees from tampering with or blocking the view of the cameras. Facilities must provide notice of potential electronic monitoring in use on a general sign to be posted near the main entrance. The audio or video captured by the electronic device would be admissible as evidence in civil, criminal, and administrative court proceedings. Lastly, nursing home facilities are forbidden from refusing to admit or removing an individual who elects to install an electronic monitoring device. It is important to keep in mind that if a room is shared with another person then consent of the roommate is required prior to installation and they must not be visible on camera.

While these laws can serve as a check against potential abuse of elders by employees or other residents, most importantly, they seek to give residents and family members peace of mind that their family member is being treated kindly and with the respect that they deserve. In the majority of instances, families will install a camera as a last resort when they suspect that their loved one may be the victim of abuse or neglect.

If you believe that your loved one living in a nursing home may have been a victim of elder abuse or neglect, contact a nursing home abuse attorney at Carr & Carr. The best way to prevent future nursing home abuses from occurring is to hold those responsible accountable for their actions. With offices in Tulsa, Oklahoma City, and northern Arkansas, our experienced lawyers at Carr & Carr can help you determine what your next steps should be. Don’t hesitate, please contact us today.

 

 

 

 




Recall: 34 Million Exploding Takata Airbags

May 19, 2015 10:57 pm
Takata Airbag Recall Attorneys

If you or a loved one has been seriously hurt due a defective Takata airbag from the recent recalls, call Carr & Carr Attorneys today at 877-392-4878.

Approximately 34 million airbags manufactured by Takata are involved in the largest auto recalls ever, according to CNN Money.  The massive recall affects one out of every seven cars on U.S. roads today and is one of the largest consumer product recalls ever.

Car manufacturers included in the recall are:

  • BMW
  • Chrysler
  • Daimler Trucks
  • Ford
  • General Motors
  • Honda
  • Mazda
  • Mitsubishi
  • Nissan
  • Subaru
  • Toyota

Specific makes and models have not yet been announced, but previous model years have been 2000 to 2011.  After car manufacturers announce which vehicles are affected, use NHTSA’s VIN search tool to see if you car is affected by the unsafe airbags.  NHTSA warns it is important to check periodically for you VIN since new models may be added during the next few weeks.

The defective front and side airbags have been known to explode, sending shrapnel flying into drivers and passengers, causing vision damage from eye injuries, lacerations and death.  According to a New York Times story, injuries have been so violent that police at first believed a driver had been stabbed, but later determined the airbag had caused the devastating injury.  A CNN Money story reports similar fatal injuries to another driver.  The unsafe airbags feature inflators made with a propellant that can degrade over time and has led to ruptures that have been blamed for six deaths worldwide.

Read more from the National Highway Traffic Safety Administration’s (NHTSA).

If you or a loved one has been involved in a car wreck in which the airbag deployed and the driver or passenger sustained serious injuries, contact Carr & Carr Attorneys immediately.  It is important to contact an attorney as soon as possible after a car crash so that evidence related to the crash can be preserved.

Please be aware that persons hurt by a dangerous product have only a limited period of time to settle claims or file lawsuits for damages. Those limited periods of time are determined by various state and federal laws. Failure to have all claims settled or all possible wrongdoers properly sued in court within the deadlines allowed by the appropriate state or federal laws will result in the loss of important rights. The loss of those rights includes the right to claim damages for injuries. Other rights will also be lost. Please contact us if you intend to pursue your rights to claim damages permitted before these deadlines pass.




$1.5 Million Settlement Reached In Case After Liquor Store Sold Alcohol To Minor Who Died

March 27, 2015 8:04 pm

Tulsa, OK – A civil lawsuit against a liquor store which sold alcohol to a minor who died in a car wreck Colton Kerns recently settled on the second day of trial with $1.5 million going to the teenage victim’s family.

The parents of 17-year-old Colton Kerns agreed to settle the lawsuit as long as the settlement included stipulations which would help reduce the instances in which liquor store clerks to sell alcohol to minors.

“Our main goal now is to make sure another family doesn’t have to suffer the tragedy of losing their teenaged son or daughter,” said Donna Kerns, mother of Colton.  “We pray that additional training will help clerks understand how important it is to follow the laws that keep our kids safe.”

One of the primary requirements of the agreement was that all employees who sell beer or alcohol at any of The Woodshed convenience stores or liquor stores will participate in training sponsored by the Alcoholic Beverage Laws Enforcement (ABLE) Commission.

“A civil lawsuit is the only way our community’s safety rules can be enforced in a tragic case like this,” said Laurie Koller, attorney with Carr & Carr who represented the family.  “Adults have a responsibility to keep children safe and to obey the laws that are in place to protect underage citizens.  By holding this liquor store responsible, other liquor stores hopefully will learn that the safety of teenagers is a priority.”

With seven convenience stores, one with a liquor store, and one truck stop in the Grand Lake area, The Woodsheds employ approximately 100 workers who will now be required to undergo training from the ABLE Commission.

ABLE Commission Agent Erik Smoot said, “Protecting the public is the reason the ABLE Commission exists.  We hope this settlement is seen as a wake-up call to retailers who sell alcohol that their job has responsibilities which matter to families.”

Duane Kerns, father of Colton, said, “The money will help us help other families.  We want to buy some land and a cabin to set up a local hunting reserve and offer counseling and safe activities to kids, plus we can further fund the scholarship for a welding student that we have already established in our son’s name.

Here at Carr & Carr we help people with problems involving child care abuse, car wrecks, wrongful deaths, defective and recalled products and insurance claim denials. With eight attorneys, the firm has offices in Oklahoma City,  Tulsa, and Springdale in Northwest Arkansas.




Danger Alert: Exploding E-Cigarettes

E-Cigarette March 16, 2015 6:34 pm

There have been an alarming number of reports recently of electronic cigarettes, also known as e-cigarettes and vapors, exploding and causing serious injuries and burns. Although the Food and Drug Administration regulates e-cigarettes marketed for therapeutic purposes, it does not regulate all e-cigarettes or accessories of e-cigarettes, including batteries.

E-cigarettes are powered by lithium-ion batteries. When an e-cigarette explodes, it’s very likely that it is the battery itself that is exploding. Batteries in e-cigarettes are susceptible to overheating. This can occur from a user unknowingly overcharging the battery or using an incompatible charger. The United States Fire Administration has even released a study on these exact dangers in October of 2014.

When an e-cigarette bursts or catches fire, it may due to a defective battery contained inside the e-cigarette. In fact, the Tobacco Vapor Electronic Cigarette Association has acknowledged that they are not 100% safe from explosions. Further, the e-cigarette itself may not properly warn about the risks of these batteries exploding or what a user should do to avoid a battery from exploding.

If you have been injured by an e-cigarette that blew up and caused you to be injured, you may be entitled to compensation from the manufacturer, designer and seller of the e-cigarette and its battery. To know whether you have a case, please contact us at Carr and Carr Attorneys and speak with one of our lawyers. The consultation is free. If it seems that we can help you, we only charge a fee of whatever the eventual settlement is or judgment. If we are not able to collect compensation for you, you do not owe us anything. We have offices in Oklahoma and Arkansas but can help you no matter what state you live in.

Please be aware that persons hurt by a dangerous product have only a limited period of time to settle claims or file lawsuits for damages. Those limited periods of time are determined by various state and federal laws. Failure to have all claims settled or all possible wrongdoers properly sued in court within the deadlines allowed by the appropriate state or federal laws will result in the loss of important rights. The loss of those rights includes the right to claim damages for injuries. Other rights will also be lost. Please contact us if you intend to pursue your rights to claim damages permitted before these deadlines pass.






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