Man in Texas Files Wrongful Death Claim for His Unborn Child

An attorney who graduated cum laude from the University of Texas School of Law in Austin, Charles Stam started his law career in commercial law and has successfully litigated complex cases against corporate interests with substantial resources. At the Houston-based law firm Hinojos Law where he serves as a trial lawyer, Charles Stam focuses on litigating civil lawsuits such as personal injury and wrongful death claims.

A wrongful death claim is a civil lawsuit where the survivors of a person killed as a result of the wrong conduct, neglect, or carelessness of another person sues for damages and compensation. In Texas, wrongful deaths include a fetus’ failure to be born alive.

A man in Texas filed a wrongful death claim against three of his ex-wife’s friends for allegedly helping her abort their unborn child. Marcus Silva is asking for more than $1 million in compensation from each of the respondents for assisting his ex-wife in terminating her pregnancy through medication. His ex-wife, however, was excluded from the lawsuit because pregnant women who receive abortion are not liable under Texas law.

Accordingly, two of the respondents exchanged texts with Silva’s ex-wife about the services of Aid Access, which ships abortion drugs by mail. The third respondent, on the other hand, helped facilitate the delivery of the drugs.

Under Texas law, anyone who deliberately engages in acts that help induce abortion commits murder and may be civilly sued for wrongful death. Siva’s ex-wife learned of her pregnancy in July 2022, after Texas legislature passed Senate Bill 8, which criminalized abortion approximately six weeks into pregnancy. Silva and his ex-wife divorced in February 2023, and Silva claims he was the father of the aborted fetus.

Texas’ Wrongful Death Law

Texas-based litigation lawyer Charles Stam has been recognized several times as a Super Lawyers Rising Star, which is a recognition limited to only 2.5 percent of eligible attorneys. Charles Stam serves as a trial lawyer with Hinojosa Law and focuses on representing clients in personal injury and wrongful death cases.

A wrongful death lawsuit is a claim for compensation or damages filed by the survivors of a person who was killed because of someone’s wrong conduct. To better understand Texas’ wrongful death law, consider the following information.

Q: What constitutes a wrongful death?
A: A wrongful death happens when the following occur: (1) An injury caused by a person or entity leads to a person’s death; (2) The defendant’s act was wrongful, negligent, unskillful, and careless, and, (3) Had the decedent survived, he or she would have been eligible to file a personal injury lawsuit.

Q: What is the standard of proof for a wrongful death lawsuit?
A: The standard of proof for a wrongful death lawsuit is “preponderance of evidence.” In this standard, the plaintiff just needs to prove that is it more likely than not that the defendant caused the wrongful death.

Q: Who can file a wrongful death claim?
A: Any one of the decedent’s surviving spouse, children, or parents may file a wrongful death claim. If none of the above-named persons files a wrongful death claim within three months after the decedent’s death, the executor of his or her estate may file the wrongful death claim.

Q: What is the statute of limitation for filing a wrongful death claim?
A: The plaintiff must file the wrongful death claim within two years from the date of the decedent’s death.

Super Lawyers Recognizes Rising Stars Lawyers in All States Annually

An undergraduate degree graduate in history and political science from Columbia University, Charles Stam pursued a degree in law from the University of Texas School of Law. He graduated with honors. A trial lawyer at Zehl & Associates, Charles Stam has represented plaintiffs in commercial litigation with several record settlements. His achievements and contributions to the judicial system saw him get recognized as a Texas Rising Star by Super Lawyers in 2022 and 2023.

Every year, Super Lawyers uses a patented, multi-phase selection system to recognize top lawyers in all states, including Texas. Super Lawyers is a rating service that recognizes lawyers in more than 70 practice niches who have excelled in professional achievement and peer recognition.

The process combines evaluation, peer nominations, and independent research with 12 distinct indicators in the criterion. The recognition aims to provide a credible and diverse resource for consumers seeking legal counsel, other attorneys, and firms seeking talent. For every state, the two primary recognitions include Rising Stars and Super lawyers. To be eligible for the Rising Star recognition, the candidate should be 40 or younger or have been in practice for ten years or less.

Qualities to Look For in a Good Maritime Injury Lawyer

Charles Maurice Stam is an accomplished Houston attorney who draws upon many years of experience, serving clients from all backgrounds within and out of the courtroom. An alumnus of the University of Texas School of Law, Charles M. Stam specializes in managing his private practice, Zehl & Associates, where he focuses on representing individuals in law proceedings, including those that involve maritime law.

Maritime law involves legal representation for clients who’ve suffered injuries or death due to accidents at sea. As a highly specialized area of law, it is important to hire an experienced professional who knows how maritime cases should be handled. Understanding the qualities of a good maritime lawyer can help one make an informed decision.

Finding a maritime lawyer familiar with the Jones Act is the best choice. The Jones Act is a federal law that regulates the U.S. commerce maritime industry. The law requires goods shipped from one U.S. port to another to be transported on U.S. citizens or permanent residents-owned ships. A maritime lawyer who fully understands the Jones Act will be in a better position to navigate complicated maritime injury cases.

The best maritime lawyers have previous experience in handling similar cases inside and outside of court settlements. When a client lodges a claim in court, they have to deal with insurance firms and company lawyers, and thus it’s good to have a lawyer with experience dealing with large maritime corporations. Experienced lawyers can often reach a good settlement before the case goes to trial; if it does, they’re usually knowledgeable on handling maritime trials.

Why Documentation Is Vital for Filing a Flooding Claim

Charles Maurice Stam is an accomplished Houston, Texas trial lawyer who has spent a better part of his legal career representing clients involved in a wide range of catastrophic accidents. Since 2021, Charles M. Stam has managed his private injury law firm, Zehl & Associates, which has a presence in Houston and Midland and deals with various services, including flooding claims.

Flooding is a catastrophic event associated with multiple damages to homes and businesses. To successfully file a flooding claim, one of the most important issues is thorough documentation of items. After filing a flooding claim, it’s vital to keep note of all damages by taking photographic and video evidence. This means each item that was damaged by water should be documented, as well as any standing water.

Keeping a home content list is a good document home and business owners can use to determine what possessions they own, their cost, and their current value. In addition, this list can include photographs of items currently in one’s possession. While it may be difficult to quantify the extent of the water damage, good documentation can help those seeking compensation to include any item that could have been left out during the compensation process.

Truckers’ Safety Violations Predict Future Crashes

Texas-based lawyer Charles Stam belongs to Zhel & Associates, a personal injury law firm in Houston. Charles Stam serves clients who were injured or the families of those who were killed in catastrophic events such as accidents in oilfields, plants, and refineries, maritime accidents, and motor vehicle and truck accidents.

A recent report showed that a trucker’s history of safety violations is predictive of future crashes. “Predicting Truck Crash Involvement,” which was conducted by the American Transportation Research Institute, said that over 25 violations increase the likelihood of getting involved in future commercial trucking crashes. Four of these violations increase that probability by more than 100 percent. These violations are failure to yield right-of-way, improper use or failure to use signal, a previous crash, and reckless driving.

A person who survives a truck accident because of a trucker’s bad behavior should take prompt action to protect his or her rights. Among the most important actions to take include seeking immediate medical attention and taking note of critical pieces of information such as the trucking company’s name, and the trucker’s DOT number. It is also important for a survivor to talk only to official investigators about the details of the accident.

Columbia College Young Leaders Council Membership

Before Charles Maurice Stam began acting as one of Zehl & Associates’ trial lawyers, he received his law degree from Columbia College in 2017. Charles M Stam is a member of Columbia College’s Young Leaders Council (YLC).

The YLC tailors its offerings toward alums who graduated within the past 20 years. Its members funnel their donations directly to support its most pressing issues, like financial aid and updating the core curriculum.

Members may join the YLC via multiple donation options to the Columbia College Fund. The most common is the one-time $1500 donation that grants initial entry to the council and its events. One-time contributions of at least $5,000 grant access to the executive board. Members meet each quarter to determine the YLC’s priorities and collaborate with Columbia College to enact the YLC’s desired changes. Members may also commit multi-year, pledging to donate for the next three to five consecutive years.

Areas of Maritime Law Covered by the Jones Act

Charles Maurice Stam is a Zehl & Associates attorney who provides personal injury counsel for clients in Houston. One particular area that Charles M. Stam provides advice is maritime law, including situations involving offshore accidents and the Jones Act.

Known formally as the Merchant Marine Act of 1920, the Jones Act regulates US maritime commerce and stands as a law designed to ensure that goods transported between US ports are limited to vessels owned, built, and operated by American citizens and permanent
residents.

The Jones Act also provides sailors with a number of rights, such as the ability of crew members to seek compensation when injury occurs from captain, crew, or vessel owners. Being covered under this law requires maintaining status as a “seaman,” which requires being in the service of a fleet or single vessel, or holding a boat in common ownership. It does not require that the seaman actually live on the vessel, meaning that the covered person could be a tug or ferry operator. Covered injuries do need to occur in situations where the fleet of vessels or single ship is under navigation in the water.

Maintenance and Cure Benefits for Injured Sailors

Based in Houston, Charles Maurice Stam maintains a law practice focused on personal injury with Zehl & Associates. One area of focus for Charles M. Stam is maintenance and cure law. Administered under the Jones Act, this covers serious injuries for seamen vessels under navigation.

The statute provides a right to employer-distributed maintenance and cure benefits, which end at the point where an injured sailor reaches “maximum cure.” Maximum cure does not imply that a full recovery has been reached; rather, it means the treating physician believes the condition will not improve any more. In many cases, a seamen is released after attaining maximum cure for a permanently disabling injury. Although he is disabled and can no longer fulfill his primary work duty, his maintenance and cure rights will end.

Conversely, the obligation to cure may continue even after the seaman returns to his job, so long as continuing medical treatment is judged to be improving the condition. Seamen who do not live aboard a ship, but only work on it, are also entitled to maintenance and cure benefits. This includes employees of ferries, dive boats, charter fishing boats, and tugs.

The Review of Litigation at the University of Texas School of Law

Charles Maurice Stam, an experienced litigation lawyer, represents clients in catastrophic accidents such as maritime and motor vehicles. He also represents clients in oilfield, plant, and refinery accidents at Zehl & Associates in Houston, Texas. While a law student at The University of Texas in Austin School of Law, Charles M. Stam sat as a member of the editorial board of The Review of Litigation.

The Review of Litigation is the student-managed publication of the University of Texas School of Law. Created in 1980, The Review of Litigation has two versions – print and digital, or “The Review” and “The Brief,” respectively. The Review of Litigation contains comments, reviews, and articles that discuss issues relevant to litigation.

Three issues of The Review are released every year, winter, spring, and summer. A fourth issue, Symposium, publishes topics that author-students have discussed in The Review-sponsored symposia. These symposia are held in collaboration with the American Association of Law School’s litigation section. The Brief, on the other hand, publishes online content throughout the year.

Submissions for The Brief are accepted on a rolling basis. The Review editorial board considers submissions between 30 and 60 pages for The Review and between 5 and 20 pages for The Brief. All submissions are reviewed on their merits and go through rigorous preemption checks.