Articles Posted in Uncategorized

Published on:

personalinjury3-300x201
I find that  potential clients here in North Texas are quick to use phrases like “negligent” and “gross negligence” because they’re terms used quite often in TV shows to portray the negligent acts of another person. However, knowing how to use the word correctly in a sentence and knowing what the term means according to the law are two different things. The point of this article is to shed light on the legal meaning of the term “gross negligence”. Adding the modifier “gross” to the legal term “negligence” denotes a greater level of negligence than your standard negligence claim. When you say someone was “grossly negligent”, the hearer assumes that the other person acted absurdly under the circumstances. The hearer is right and the law would support their conclusion, as long as you can prove the behavior was absurd at the time of the accident. This is the key distinction between the common meaning of a word and its legal meaning. To the hearer, it means what it means according to its commonly understood definition. However, in this case, the legal meaning given to gross negligence shows how you go about proving the behavior was absurd. As we will see, gross negligence is defined by the Texas Practice and Remedies Code (TPRC) and provides a blue print for proving a gross negligence claim.

Under the Texas Civil Practice and Remedies Code, “gross negligence” means an act or omission (1) which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and (2) of which the actor has actual, subjective awareness of the risk involved but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.

The first prong of the gross negligence test focuses on the objective nature of the defendant’s conduct. A plaintiff may objectively prove gross negligence by proving that under the circumstances of the accident, a reasonable person would have realized that his or her conduct has created an extreme degree of risk to the safety of others. “Extreme risk” required for a finding of gross negligence turns upon the likelihood of serious injury to the plaintiff. This extreme degree of risk threshold is significantly higher than the objective reasonable-person test for negligence. Essentially, we must show that the person had some level of understanding that their actions were risky and involved danger not only to himself but to the public at the time of the accident.

Published on:

Texasoilfields-300x191We don’t need to tell you that an oilfield is a dangerous place to work. There are drilling rigs, work-over and completion rigs, gas plants and compressor stations, hot oilers, oilfield trucking, roustabout and other oilfield services require the use of heavy and dangerous equipment.

On top of all that, the operations must be carried out in an environment surrounded by highly explosive and dangerous chemicals. In order to ensure a safe workplace for an oilfield worker demands constant attention to the details of safety policy and procedure. Failing to adhere to policy can set the stage for accidents resulting in catastrophic, and even fatal, injuries.

Negligence, error, and defective machinery are the most common causes of oilfield injuries. During these times of boom or bust, calls from corporate require increased production from the field in the name of profits. This can create a dangerous combination of shortcuts, employee exhaustion, and an overall failure to adhere to the set safety and procedure guidelines.  This is type of renegade work environment is how oilfield workers become injured. Its that wildcatter, can-do attitude of the workers and the corporate attitude towards profit margin that puts the oilfield worker at great risk of injury. Whether they are working offshore, or working in the Permian basin or elsewhere in this oil rich state, the general attitude remains the same: drill that oil, make that money. Oilfield workers are some of the hardest working men around. They work in dangerous conditions for long hours and often with very little sleep for days.

Published on:

FatalMotorcycleCrashinForney-300x129

(photo credit: inForney.com- Mathew Richards)

via inForney.com: FORNEY, Texas — A reported reckless driver fatally struck a motorcyclist head-on Monday night forcing the closure of westbound U.S. Highway 80.

The crash occurred at approximately 10:40 p.m. on westbound U.S. Highway 80 just prior to the Farm-to-Market (FM) 548 exit ramp.
Published on:

Insurance-Claim-PictureThe insurance company is not your friend. I feel like I say this to every potential client, and I get the same response “they’ve been really friendly so far.”

Then we get into the claims process and get down to brass tacks and the client quickly realizes that, had they gone into this without an attorney, what would have been considered “fair” by the insurance adjuster’s definition would have been much different and less zeros on it.

Case in point, I was speaking to a friend recently I had not seen in nearly a decade and it came up that he had been involved in an 18-wheeler accident a few years back. He told me how he had tried to go it alone for a while against the insurance company, in part because they seemed to be on his side and they accepted liability right away. He was hurt pretty bad in the accident and required shoulder surgery and weeks of rehabilitation.  However,  in his initial meeting with the insurance company’s adjuster, they offered him $1,500. He said he couldn’t believe it and as he said it, he seemed to think that I should be surprised too, but I wasn’t.

Published on:

Crash-on-80-300x129TERRELL, Texas — Eastbound U.S. Highway 80 is closed at Spur 557 due to a major head-on collision. TDPS spokesperson Kyle Bradford said the wreck involves at least three-vehicles. The wreck occurred when two vehicles collided head-on in the eastbound lanes. One of the vehicles overturned and a person became entrapped in another. Firefighters have since extricated that individual.
The crash happened around 8:20 p.m. on eastbound U.S. Highway 80 at Spur 557.  Traffic is being diverted off the highway at the Terrell exit on Highway 80 and Spur 557 is closed.
There is an AriEvac Lifeteam medical helicopter and a CareFlite helicopter on scene.
Published on:

personal_injury_law-300x215We get this question a lot from our clients and potential clients here in Forney, Rockwall and Dallas. The question often boils down to “how long do I have to sue the other driver?”

The easy answer is two years. But, that is not the legal answer. The legal answer involves a review of  a state statute and a little bit of case law.  The limitations periods in Texas are set out in the Texas Civil Practice & Remedies Code. So, that is where we start.

Chapter 16 of the Texas Civil Practice & Remedies Code provides in pertinent part that a person must bring suit for personal injury not later than two years after the day the cause of action accrues. Pretty simple, right? Almost. The statute does not say when the cause of action accrues, it only says that you have two years from the accrual date.

Published on:

fender-bender-300x216Hospital bills piling up? We know how that goes. Literally. After you are injured in an accident, you will probably have several different kinds of bills related to medical services that were provided to you after the accident. You will likely have hospital bills, ER doctor’s bills, and emergency services bills, such as the EMS ambulance that treated you and transported you to the hospital. You will have the emergency room bill for the treatment you received there. Additionally, you may have subsequent treatment from your family doctor, or you may need to have additional treatment by a specialist. All of these providers will want to place a lien on your recovery, or put your account under a letter of protection to protect their right to recover money for the services they provided you once your case settles or goes to trial.

The job of a personal injury attorney is to determine which of these liens has priority and to settle these liens with the providers once your claim has been settled or a judgment has been paid. We often hear questions from injured clients and injured potential clients when they come meet with us in our Forney, Dallas, or Rockwall locations about how their doctor’s bills will end up affecting their recovery. In order to understand how these liens will affect your recovery for injuries you received here in Forney, Dallas, Rockwall or anywhere else in the State of Texas, you need to have a basic understanding of how the liens work and how they are perfected by the hospitals. Only then can we begin to understand how much they will affect your recovery.

How Do Hospital Liens Work?

Published on:

We have learned of a major Accident in Kaufman County about 5 miles east of Terrell. Multiple public safety crews have closed eastbound and westbound I20 near FM 429 due to a multiple vehicle crash, according to TxDOT. All lanes of travel are forced to exit. Folks traveling this way should expect delays in both directions.

The accident involved multiple 18-wheelers, and has resulted in a fuel spill that will need to be cleaned up by crews before the highway may be reopened. No word as to the condition of the people involved in the accident.

This is a developing story. We will update as information comes available.

Published on:

This is a common question when working with an injured victim who was injured as a passenger in a vehicle that was involved in a car wreck. At first, it seems like a very simple question that has a very simple answer: the at-fault party. However, the facts of each case do not always play out that way, and for a few basic reasons such as:

  1. There were multiple at fault parties.
  2. The driver of the car they were in was at-fault.
Published on:

Stock Accident PhotoPersonal injury cases often involve many different forms of “damages”. As you will see below, when dealing with an insurance company, and seeking a settlement in particular, it is important to account for everything. You do not want to leave any money on the table, simply because you will not be able to get it back later. Many people are concerned about future medical treatment. Others are worried about the time they missed from work or the damage to their vehicle. Below is an explanation of the different types of damages that you should ask for when seeking a settlement from the insurance company.

Medical Bills: This includes services that you have received, prescription medications and any products or items that you have purchased as a result of your injury. This includes:

(1) Hospital and emergency care; subsequent doctor appointments, chiropractor visits, specialists, and even the cost of surgery;