Is Climate Change Making Your Joints Hurt

Is Climate Change Making Your Joints Hurt?

Is Climate Change Making Your Joints Hurt? Wet and cold.
Photo by Alaric Hartsock on Unsplash


OK, is ‘Climate Change’ making your joints hurt? That’s a little exaggeration, or is it? While there is no scientific support to your knee and joint pains, your grandmother can probably uncannily predict the weather by her knee pains.

It’s not just your knees and joints affected. Cedar-Sinai Medical Center in Los Angeles, told last year, though the mechanism is somewhat unknown. “What’s quite clear, however, is that overcast, cloudy and rainy days produce more migraine headaches,” he said.

Response to cold and wet weather changes

Knee pain happens to me every couple of years but mostly occurs in response to colder, wet weather. Some call it the effect of barometric pressure on our joints. If you have ever suffered such joint pain, you almost instinctively know it’s because the weather just changed. Odd isn’t it?

Treated with NSAIDs

Personally, my joint pain generally only happens during winter time but can last for several weeks sometimes. That’s generally when I have to replenish my supply of NSAIDs. (Take as directed on the bottle.)

So what can you physically do? RICE… No, not real rice, but an acronym.

  • Rest
  • Ice
  • Compression
  • Elevation

How does this affect the law you may wonder?

Well, there is a seldom-used defense called an ‘idiopathic’ defense, Google defines it as “relating to or denoting any disease or condition which arises spontaneously or for which the cause is unknown.” It is, just by its vagueness, very difficult to win cases when used.

In Court, the burden of proof of liability is on the claimant and how you were injured because of the other party’s or person’s negligence. Little wiggle room for a Climate Change defense, and who would you blame?

‘It happened out of the blue’.

Claiming a personal injury to your knee while climbing or descending stairs at work, ‘that gave out, all out of the blue’. Is very difficult to apply liability for such an injury to the employer. In my case, I ‘know’ its likely been caused by climate change, or if you prefer, a change in the weather. But it’s prone to happen anywhere and for no seeming reason physically. ie. No trip, no twisting, it just gives out…

If you are uncertain whether your personal injury has any validity, please contact our office. If we think you have a valid claim we will schedule an appointment with Dan Street, an attorney at STREET LAW FIRM.

Or if you prefer, submit your case online.


Electric Scooter Rental in Dallas

Electric Scooter Rental

Electric Scooter Rental: 3 BIRD electric scooters
Photo by Nathan Dumlao on Unsplash BIRD scooters West Hollywood CA

Electric scooter rental looks fun.

First of all, electric scooter rental looks fun. You may have seen them around Dallas, they’re in most big cities in Texas. They are left by the rental companies at various convenient pickup locations. Turn on the rental company’s app on your smartphone and within minutes you’re on your way. Sounds great and at about a $1 to start then 15 cents per minute after that, some pretty cheap fun.

Where can I ride one?

Dallas City Council approved the use of the scooters, with exceptions that they couldn’t be used in Downtown Dallas and Deep Ellum. Nor can you ride them on streets that have more than a 35mph speed limit.

Look for the BIRD or LIME app in the Apple Store or Android Play Store

Bird Apple Store link

LIME Apple Store link

Bird Android Google Play link

Lime Android Google Play link

But what if I get in an accident while riding one?

But what if I get in an accident? You might ask yourself. The rentals do not come with insurance and your homeowner’s and car insurance will not cover any damages you incur to you, yourself or any property.

It’s possible your health insurance will cover part or all of your injuries sustained, but certainly not those you may hurt.

If popularity increases, so will insurance options

With the popularity increase, insurance companies may start offering insurance for an electric scooter rental. Some cities are beginning to discuss the option to have the electric scooter rental companies provide some basic liability coverage with their rentals.

If you are concerned, and you should be… Be sure and check with your insurance agent before renting one.

Finally, FYI these scooters need charging overnight and since they are often left by the side of the road after being used. There are employment opportunities for retrieving and charging the scooters. Check with Bird or Lime for more details.

Remember, if you or a loved one has recently been injured in a vehicle accident of any type, then STREET LAW FIRM is here to help. Dan Street has been helping his clients for almost four decades now. In that time he has successfully won $10,000,000.00’s for his clients in damages awards. Contact Dan for a free, no-obligation initial consultation. His contact details are here.

Also, if you prefer, submit your case here.

Football Season Is DUI Season

Football Season is DUI Season: A football laying in grass.
Photo by Ben Hershey on Unsplash

Football Season is Finally Here.

Texas loves its football, whether it’s Friday Night High-School football, college football or NFL football. Football stirs the spirits of most Texans to the point of being a large part of our Texas culture. Heading off to see the home-opener at AT&T Stadium, the thought of cold beer and hot-dogs just adds to what is almost an addiction to the NFL’s Dallas Cowboys. For some, that means Football Season is DUI Season.

Impairment while driving.

That delicious cold beer and hot-dog can and often does, lead to another beer and then another… TxDOT and DPS ‘kick off’ this football season with their campaign plan. Which is to keep impairment while driving at the front and center of every big game event.

The program is called Football: Plan While You Can TxDOT along with DPS is beginning their “Plan While You Can” campaign over the Labor Day holidays. TxDOT reports in 2017 there were 264 crashes caused by drunk drivers in TX over that year’s Labor Day alone. 14 people died. “The campaign aims to reduce the number of DUI-related traffic crashes occurring on football game days when a Texas college or professional team is playing.” Says the TxDOT website.

The designated driver is not the person who is ‘least drunk’.

The designated driver is not the person who is ‘least drunk’ at the end of the game. Hence, “Plan When You Can” at the beginning of the game. They suggest contacting a third party such as to arrange a sober ride home, other similar ride services include Uber and  Lyft both of which are ride services that are requested through their downloadable apps to your smartphone.

There really is no need to get in a car a drive in inebriated anymore. With fines up to $17,000 plus fees.  Jail time. The loss of your driver’s license will make you regret the decision not to have used a third-party service. So Plan When You Can this football season, don’t wait until it’s too late.

If you or someone you know or a loved one have been injured or catastrophically killed in a DUI accident, call our STREET LAW FIRM office for a consultation with Dan Street a proven qualified DUI Injury Attorney. There is never a fee or money required up-front until we successfully win your case.


Atmos Energy Gas Explosions

Atmos Energy Gas Explosions

Boiling Tea Kettles on gas stove
Photo by Fancycrave on Unsplash

Atmos Energy Gas Explosions: According to a riveting article in the Dallas Morning News. Since 2006, Atmos Energy gas explosions have resulted in over 25 homes exploding, causing 9 fatalities and 26 injuries in North and Central Texas alone.

Family’s harrowing experience

The article follows a young family’s harrowing experience with Atmos Energy Corp’s extensive aging underground gas pipelines.

They had been at a friends house to watch a Cowboys and 49er’s game, which found them returning home around midnight that Sunday night in 2011.

A bulb in its socket.

The chain on the light fixture as they entered was broken, so to turn it on and off meant screwing and unscrewing the light bulb in its socket. As Mr. Menendez tightened the bulb it set the leaked cloud of gas, lurking in the small house, alight. He remembers a loud explosion and a rush of flames around his body.

The blast.

When he woke from the blast,  a wall had come to rest on him and his 5-year-old son Pablo. “I just remember him crying.” the article went on. Pablo had been badly burned and had a nail in his back.

Finally, months of treatment for severe burns followed. Pablo the 5-year-old had burns over his face and hands and much of his body. The gas pipes beneath their house were almost 90-year-old cast-iron.

Aging network of old pipes.

Atmos Energy has begun to replace their aging network of old pipes as a consequence of these homes exploding, loss of life and severe injuries.

While it remains to be seen if Atmos Energy Corp in their big beautiful building on LBJ and the Dallas North Tollway is found to be grossly negligent, I imagine the physical and mental scarring to this young family will remain for many years to come.

Consequently, if you have suffered a personal injury as a result of someones gross negligence call us. Dan Street of STREET LAW FIRM has over 35 years of experience dealing with personal injury and wrongful death cases. In fact, that’s all he does. Dan has collected tens of millions of dollars for his clients. Contact Dan or his legal team today at 972-404-8500

Credit goes to Cary Aspinwall and Holly K. Hacker | Staff Writers at the Dallas Morning News for their excellent article. Thank you.


Driving habits to be monitored

Your Driving Habits To Be Monitored.

Driving habits to be monitored: Woman holding a car steering wheel.
Photo by Andrew Worley on Unsplash

Progressive Insurance started offering its customers possible discounts if they volunteer to have their driving habits monitored. Progressive launched a new program – the “Snapshot” program. It allows drivers to voluntarily put a small device that records certain driving data in their vehicle.  Drivers are eligible for a savings of up to 30 percent if they install the data collection device.  However, they will possibly increase your rate by up to 9% if they don’t like what they see.

If a driver chooses to install the device, among the data collected, it will monitor how far someone drives. Jackrabbit starts, how hard someone hits the brakes when they come to a stop.  The device will also be able to determine what times of day you use your car.

Huge Privacy Concerns.

Progressive decided to implement the program after seeing competing insurance companies offering the service.  However, some privacy advocates are worried that devices like this will someday become standard equipment on cars and drivers will be forced to use them.  And that’s exactly what will happen. Dan Street our personal injury and wrongful death attorney in Dallas said “People need to be warned that this kind of invasion of their privacy is just the first step toward insurance companies requiring such devices on everyone’s vehicles”

Progressive tries to deflect its invasion of your privacy.

“We know that privacy is a big issue for consumers,” said Glenn Renwick, CEO of Progressive.  There is no global positioning system in the device so the insurance company does not know where a driver is going.  In addition, the device does not keep track of what speed someone chooses to drive.

Their new “Snapshot” program is currently operating in 32 states and may consequently expand to other states in the near future.

Bad Judgement? 

First of all, who decides how many jackrabbit starts will cause an increase in your premium? How many hard braking incidents will get your policy canceled? What number of times did you exceed the speed limit, before getting that cancelation notice? Who decides what number and type of ‘infractions’ will increase your premium?

Make no mistake, our driving habits to be monitored should be stopped immediately. Mr. Street advises our clients not to install one of these devices… At least not until we are all forced to do so.

Dan Street is a practicing personal injury attorney in the Dallas area. Dan has won tens of millions of dollars for his clients over the nearly four decades he has been in business. Contact him today by clicking here.

Health Care Fraud

Health Care Fraud

health care fraud: Elderly Grandfather looks out of his window.
Photo by Alex Boyd on Unsplash

Medicaid and Medicare health care fraud runs rampant and often preys on the elderly and disabled. Hurting those who often cannot fend or care for themselves the most.

DALLAS (1080 KRLD) Reports – That four North Texans have been convicted for their part in a multi-million dollar home health care fraud scheme.

A federal jury convicted two owners of Elder Care, along with two of its employees. The company operated as a Medicare and Medicaid provider based in Garland, Texas.

Furthermore, court reports say Dallas County residents Celestine “Tony” Okwilagwe, Adetutu Etti, and Loveth Isidaehomen, along with Paul Emordi of Collin County, were each convicted of one count of conspiracy to commit health care fraud. Their arrests came as a result of the biggest Medicare fraud bust in history.

Also, Okwilagwe and Etti were each convicted of two counts of false statement in connection with a health care benefit program.

Fraudulently Billed $3.7 million

The DOJ says the company billed the government for more than $3.7 million in payments to which it was not entitled.

The owners of Elder Care were doing business despite having previously been excluded from participating in any federal healthcare program.

So far, no sentencing date has been set.

Nine others in the Dallas area linked to three separate home health care scams also were charged.

Do your homework when considering home health care services.

Home health care scams are on the rise. So that means it’s up to you to look carefully at the people caring for your elderly loved ones.

If you feel your elderly loved one has been abused by a Medicare fraud scheme, contact our office. Our legal staff will consult with you at no charge to you. If we decide you have a case, we will aggressively fight it for you. When and only when we win your case will there be a fee.

Dan Street has been in business as a Personal Injury Lawyer for over 35 years. In those years Dan Street has won tens of millions of dollars for his clients. Call him today at 972-404-8585.


Personal Injury Lawsuits Step By Step

Personal Injury Lawsuits Step By Step

Personal Injury Lawsuits Step By Step: Pair of black dress shoes.

Photo by photostockeditor on Unsplash

When you suffer a personal injury caused by someone else’s negligence, it’s possible you may be entitled to compensation. To legally get this compensation, you will likely need to file a personal injury lawsuit.

Steps of a typical Personal Injury Case

Firstly, you will meet with Dan Street a Dallas Personal Injury Lawyer, who will evaluate your case and determine your odds of winning that case. This first meeting, called an initial consultation, is always free at STREET LAW FIRM.

You will share the details of your injury and how it happened with Dan (probably first through one of his legal assistants). Dan will then assess your case to determine whether you are legally entitled to damages (the legal word for compensation) under Texas personal injury law.

If Dan agrees to take your case, he will do so on a contingency basis. That means you pay no money up front, but Dan keeps a percentage of the compensation he gets for you from the negligent party that caused your injury.

Dan will then draft a complaint, which is the legal term for the papers that are filed with the court to begin a personal injury lawsuit.

Complaint Filed, Now Discovery.

Once the complaint is filed, Dan and the lawyer for the opposing party will begin a lengthy process known as discovery. This is where each side tries to uncover as much information as they can about the accident that prompted your lawsuit. This can include asking for your medical records, information from your employer and other relevant information about you. At the same time, Dan will ask for information about the party that caused your injury.

As part of discovery, you may be asked by the opposing lawyer to give a deposition, (sworn evidence). You will be asked a series of questions by the opposing lawyer. Some questions will be about the incident that caused your injury, and some will be about your personal history. Expect to answer questions about any previous injuries or illnesses you have had. Also as well as your work history and other issues.

Filing Motions

After the evidence has been gathered, each side will usually file motions with the court. These can be anything from a request for the court to dismiss the case to simply asking that some evidence be excluded from the trial for various reasons.


Once the court has ruled on the motions. The parties may be required by the court to have at least one session with a court-approved mediator.  This is done to try to settle the case before a trial becomes necessary. Regardless of whether you actually meet with a mediator, Dan and the defendant’s lawyer will undoubtedly be talking periodically throughout the case to see if they can come to a settlement agreement.

Going to Trial in a Personal Injury Lawsuit

If you and the other party fail to settle out of court, the court will schedule your case for trial. Because the courts are very busy, your trial date could be months away. Once the trial begins, it will usually be a jury that decides whether you are entitled to any compensation. Then, if so, how much.

Collecting Compensation

If you win the case and are awarded compensation, you then have to collect it. Most often, an insurance company will be required to make the payment on behalf of the losing party.  You may have to sign many documents before the check is cut.

Getting compensation from an individual can sometimes be a lot harder. Dan may have to pursue seizing that person’s bank accounts or garnishing their wages. Especially if they are unable or unwilling to pay the awarded damages right away.

It is often better to settle a case before trial than to go through this sort of lengthy process.  However, that’s a decision you and Dan will make together if the time comes.

Dan Street has been a Personal Injury Lawyer for almost 4 decades in the Dallas area. In that time, Dan has won tens of millions of dollars for his clients. Dan’s contact details are here. Also if you would prefer to submit your case for review, click here.

Sidewalk Injuries

Sidewalk Injuries: Sidewalk Closed Bollard
Photo by Raúl Nájera on Unsplash

Sidewalk Injuries in Dallas.

Sidewalk Injuries in Dallas. Who pays for the injuries sustained when you trip and fall on a sidewalk in the City of Dallas? The city you may have thought. That’s not entirely true, the law says that the responsibility is a 50/50 split between the City of Dallas and the owner of the property where the sidewalk exists. However, if the city is not formally informed of the damaged pavement prior to the accident occurring, then they claim they have no liability or fault whatsoever in the matter.

Read the following interesting article by an investigative reporter at KRLD Dallas. This is a three-part investigation into the City of Dallas’ questionable liability practices in Dallas regarding city sidewalks.

KRLD Reports on Sidewalk Injuries:

“I was just checking to see if the garbage had been picked up,” said Nanette Burr. “And when I stepped down on this crack, my ankle twisted…dislocated and broke. And I heard all those things happening.”

The broken sidewalk

Crack may be an understatement. The broken sidewalk rose more than four inches. Burr’s pain was excruciating. She was all alone. Her screams may or not have been heard. “We have so many cats around here all my neighbors thought it was just the cats.”

15-minutes later a friend down the block happened to walk to his car, saw Burr on the ground and called for help.

Slow recovery, lost job.

Recovery was slow…Burr is in her 60’s and admits things don’t heal as they did when she was in her 20’s. As an employee in an optometrists office, Burr was on her feet for eight hours a day. As a broken ankle patient, she couldn’t stand at all.

Burr lost her $26.00 an hour job, which did not include an insurance plan, to begin with. Her medical bills were between $55,000 and $60,000.

City Sidewalk?

The house which had the broken sidewalk is a rental. Burr doesn’t know who the owner is. She assumed the City of Dallas would at least help her with her expenses. “I still think it’s the city’s issue…is to maintain this,” Burr said. “Even though there are roots and stuff growing through it. It’s a city sidewalk.”

Actually, it’s not, at least according to the law. The city owns the right of way but the property owner is responsible for the sidewalk. If the city is notified of a crack, break or another defect, the cost of repair is split half-and-half between the City of Dallas and the property owner.

Failure to notify is the City’s defense.

The notification, it ends up, is crucial to the city’s liability. If the city is notified of a problem with a sidewalk and is slow in making repairs, a subsequent injury could result in damages being awarded to the injured. But failure to notify protects the city.
That is a protection that is hard to overcome.

KRLD Investigation

The investigation by KRLD News finds over the last five years, 51 claims have been filed against the city because of broken or damaged sidewalks, including Burr. But in each case, the city rejected responsibility and refused to pay anything. The blame, the City claims, falls to the property owner.

“It’s legal but it’s not fair. I do not think it’s fair at all,” said Geoff Schorr, an attorney who has gone head to head with Dallas over sidewalk falls. “These people who fall, if someone doesn’t have insurance, if someone lives paycheck to paycheck, they are hurt very badly in a fall like this. They lose their job. There’s very little recourse for them.”

Not all of the expenses are detailed in the claim forms filed against the city, but some individual claims are near $100,000.

The City of Dallas declined to provide a representative to answer questions, instead issuing a “…statement about claims in a general sense.”…

“It’s totally ruined my life,” Burr said. ” And I had big plans.”

Very informative article, read it here.

If you or someone important to you has suffered an injury in a trip and fall caused by another party’s negligence, then call Dan Street. Dan is a Personal Injury and wrongful death attorney that is based in Dallas’ STREET LAW FIRM. Dan has won tens of millions of dollars for his clients. His initial consultations are always free at his STREET LAW FIRM.

Surgeon Mistakes Kidney for Cancerous Tumor

Surgeon Mistakes Kidney for Cancerous Tumor

Surgeon Makes Mistake - This is not the surgeon depicted in the article.
Photo by Piron Guillaume on Unsplash

Fox news is reporting a Florida surgeon mistakes kidney for a cancerous tumor. The woman’s kidney was perfectly healthy, but he mistook it and inexplicably removed it during a routine back surgery, according to a report.

Maureen Pacheco, then 51, checked into Wellington Regional Medical Center back in April 2016 to get the bones in her lower back fused after a car accident, The Palm Beach Post reported.


During the operation, Dr. Ramon Vazquez spotted the organ which he believed to be a tumor. He declared an emergency and removed it, according to a lawsuit obtained by the paper that was settled in September.

Pacheco never had a say in the matter, according to the lawsuit.

And Vazquez wasn’t even the one doing the back surgery. His job was just to cut her open so surgeons could perform the operation.

Florida’s Department of Health has since filed a complaint against Vasquez.

He Was Once Chairman of Surgery

Dr. Vazquez, who has served as chairman of surgery at Palm Beach Medical Center since January also has privileges at St. Mary’s and Good Samaritan medical centers, as well as Bethesda Memorial Hospital.  Dr. Vasquez could be required to a pay a fine, at best. Or lose his medical license, at worst, according to the report.

Prior to this complaint and a malpractice claim filed by Pacheco, he had a clean record, according to the report.

“The case was settled on his behalf for a nominal amount due to the uncertainty of litigation. And in no way did Dr. Vazquez admit liability by agreeing to this settlement,” Vazquez’s attorney Mark Mittelmark told the paper in an email.

Medical Malpractice

Dr. Vazquez does not carry malpractice insurance. The malpractice insurers for Pacheco’s primary surgeons Dr. John Britt and Dr. Jeffrey Kugler, settled for $250,000 each, the outlet reported.

If you or someone you love has been injured by another party or person, then contact Dan Street a medical malpractice attorney with STREET LAW FIRM. There is never any fee upfront since Dan works on a contingency basis, meaning he gets paid only if he wins your case. Call him today

Driving Stoned

Driving Stoned

Driving Stoned: Cannabis plants
Photo by Matteo Paganelli on Unsplash

Driving Stoned: As more and more states legalize or decriminalize pot possession, a surge in driving stoned has become troublesome. So much so, that the NTSB has issued a report on the snowballing problem. It has also asked another agency to standardize detection devices and set blood toxin levels that police can use to determine just how stoned drivers actually are. There should be little doubt, drug-impaired driving is going to become a monumental new task for law enforcement agencies.

Head-on Collision kills 13

Federal regulators are trying to come to grips with the growing opioid abuses and now the legalization of pot and it’s effect on driving safety of our roads and highways. The new regulations stem in part from a rural Texas head-on collision involving a pickup truck and a church bus that occurred in March 2017. The driver of the pickup was driving stoned and had also been taking anti-anxiety medications. The accident caused 13 fatalities, all inside the bus. Only one passenger survived. The driver of the pickup is facing 13 counts of intoxication manslaughter which could mean 270 years in prison. The driver of the pickup, Jack Dillon Young is due to be sentenced in November 2018.

Roadside Drug Testing

In 2006 drivers that were killed in traffic accidents were tested for drugs, those tests revealed 30% were drug-impaired. That figure rose to 46% in 2015. Furthermore, in random roadside drug testing, 22% of all drivers were found to have evidence of drug use. Those numbers, frightening as they are, will skyrocket with the legalization of pot.

Collision Claims Rise in States Where Pot is Legal

After retail sales of recreational pot began, the number of collision insurance claims in Colorado, Nevada, Oregon, and Washington State rose about 6 percent compared to states where pot is still illegal. With almost half of all states making some form of pot legal, for either recreational use or medicinal use, the risks to all motorists have gotten much higher.

According to a recent poll, only 16% believe pot should remain illegal in the state of Texas.

Dan Street

If you have been injured or lost a loved one to someone driving stoned, drug-impaired driving or DUI of any kind, then contact us. Dan Street of STREET LAW FIRM has 35 years experience in dealing with all types of personal injury claims. In fact, he has won tens of millions of dollars in awards for his clients. Contact Dan today by clicking here.

Also if you prefer, you can submit your case electronically by clicking here.