Articles Posted in Wrongful Death

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social-image-logo-og-300x300Guest and Gray is Rockwall and Rockwall County’s trusted car, 18-wheeler and motorcycle accident attorneys. If you have been injured injured in an accident in Rockwall County, and it is not your fault, you need to call Guest and Gray, P.C. and learn about your rights.

How Can You Assert Your Rights in a Rockwall County Personal Injury Case?

When you are injured in a car, truck or motorcycle accident, it is important to get information on a few things: (1) who was there and saw what happened; (2) what law enforcement agency responded to the accident; and (3) the at-fault driver’s insurance information.

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Guest and Gray is Kaufman County’s trusted personal injury and wrongful death law firm. We are proud to serve all areas of Kaufman county, including Terrell, Wills Point, Forney, Kaufman, Kemp, and Crandall, and everywhere in between.

Terrell is Kaufman County’s Budding Business and Recreational Hub

If Forney is the residential complex of Kaufman County, Terrell is its business and recreational hub, and Terrell’s housing market is on the rise. What does this mean for Terrell? People on the roadways. As more businesses and people move into town, Terrell is going to see an uptick in personal injury and wrongful death cases. The numbers simply go hat-in-hand with one another. The bigger the city, the more accidents and deaths related to motor vehicle travel.

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Wrongful Death cases are hard on everyone involved. When a tragedy occurs that results in the loss of life of a loved one, it can be hard to understand what you need to do next. Here is a simple break down of the steps that the family of a deceased individual who has been killed as a result of someone else’s negligence must take in order to secure recovery after a wrongful death occurs.

What is Wrongful Death?

Wrongful death is defined in Texas under Chapter 71 of the Texas Civil Practice and Remedies Code. The Texas Civil Practice and Remedies Code provides a cause of action under the following circumstances:

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In Texas, when a loved one is tragically killed as a result of someone else’s negligence, certain family members such as a surviving spouse, child and even parents may bring a wrongful death claim. The estate may also bring a survival claim for damages the deceased suffered prior to their death, such as pain and suffering and mental anguish.

Mesquite is a city that has a high number of automobile, motorcycle and trucking accidents due to the major highways and interstate that pass through its borders. Highway 635, Interstates 20 and 30 and numerous others allows hundreds of thousands of people to drive in and around Mesquite every single day. In 2017 alone, Mesquite 15 fatality accidents resulting in 16 deaths with an overall number of over 1,600 accidents.

Each family that is made to suffer the loss of a family member deserves the right to go after the person that caused the death of their loved one. At Guest and Gray, the goal of our experienced wrongful death attorneys is to right the wrongs by pursuing the family and the estate’s claims to the fullest extent of the law to obtain the only type of remedy the civil law provides: compensation.

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When most people think of the Fourth of July, they think of freedom, backyard barbecues and fireworks. As a personal injury lawyer, I cannot help but think about the people who will inevitably be hurt or killed along with the celebrations. I hate to be the Debbie Downer, but once you see the dirty underbelly of the pig, its hard not to think about it when you eat the bacon.

The grizzly truth is that the Fourth of July weekend is typically the deadliest holiday each year. Last year alone, 10 people died in water related accidents in Texas. What is most concerning is that according to IIHS travel statistics, the fourth of July is the deadliest day in America with an average of 118 lives lost each year in motor vehicle accidents. According to the same report, it is the deadliest day for motorcycle riders as well, with an average of 26 lives lost. Alcohol is usually a greater factor during the fourth of July holiday, ranking second only behind New Year, with 42 percent of deadly accidents involving alcohol for Independence day and a whopping 62 percent for the New Year holiday.

To help illustrate, here is a list of the top-10 days with most accidents since 2014 according to IIHS.com:

All deaths Average deaths
per day
July 4 592 118.4
January 1 591 118.2
September 18 552 110.4
August 2 541 108.2
August 27 541 108.2
July 5 539 107.8
October 2 539 107.8
October 8 537 107.4
September 1 535 107
September 2 535 107

Top 10 days with most 
motorcycle crash deaths, 2010-14

All deaths Average deaths
per day
July 4 129 25.8
August 24 120 24
August 8 116 23.2
June 30 112 22.4
July 8 112 22.4
August 27 112 22.4
June 5 111 22.2
August 10 110 22
June 21 109 21.8
July 27 109 21.8

TRAVELING AROUND TEXAS FOR THE FOURTH? BE SAFE!

If you are traveling around our great State this holiday, be safe and watch out for other drivers who seem impaired. Indicators of intoxication, according to NHTSA are:

  1. Turning with wide radius
  2. Straddling center of lane marker
  3. Appearing to be “drunk”
  4. Almost striking object or vehicle
  5. Weaving
  6. Driving on other than designated roadway
  7. Swerving
  8. Speed more than “10″ miles below speed limit
  9. Stopping without cause in Traffic lane
  10. Following too closely
  11. Drifting
  12. Tires on Center or Lane marker
  13. Braking Erratically
  14. Driving into Opposing or Crossing Traffic
  15. Signaling Inconsistent with driving actions
  16. Slow response to traffic signals
  17. Stopping inappropriately (other than in a lane)
  18. Turning abruptly or illegally
  19. Accelerating or Decelerating Rapidly
  20. Headlights off

INJURED IN AN ACCIDENT? CALL GUEST AND GRAY TODAY!

If you or a loved one has been seriously injured in a motor vehicle accident, you need to call Guest and Gray immediately. Our knowledgeable and experienced personal injury attorneys are ready to get to work for you. We need to begin working on gathering and protecting evidence, speaking to witnesses and asserting your rights. Whether it be car, motorcycle or 18-Wheeler accident, you need to speak with an attorney as soon as possible. Get the medical treatment you need and then make the call to Guest and Gray. You will be glad you did! Be safe this Independence Day and God Bless America!

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Guest and Gray Law Firm is made up of locally grown attorneys who love their communities. Two of our lawyers grew up around Rockwall and four grew up in Kaufman and Rockwall counties. We are the largest local law firm with 9 attorneys who are dedicated to serving our fellow Rockwallians who have been severely injured or killed in truck and other commercial vehicle accidents.

Truck accident cases are particularly complex but only because the insurance company for the trucking company makes it that way. When you or a loved one is severely injured, or killed, in an accident, it should not be as hard as it is to make the insurance company or the trucking company pay for the damages that their driver inflicted on you and your family. The sad part is that most of the time it is like pulling teeth.

YOU NEED SOMEONE ON YOUR SIDE

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GuestandGrayLogoGuest and Gray Law Firm is the legal team that local residents turn to when a loved one has been seriously injured or killed in an accident. We have recovered millions of dollars for our clients. If a loved one has been killed in an accident in Rockwall or Forney, you need to call the local, trusted law firm of Guest and Gray, P.C.

What is Wrongful Death?

Chapter 71 of the Texas Civil Practice & Remedies Code is where the basis of wrongful death and survival actions in Texas are found. Under section 71.002, the statute outlines the basis of bringing a wrongful death lawsuit

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Guest and Gray Law Firm is the firm to turn to when you have a legal problem. Our practice is quickly growing and we are the trusted Rockwall criminal and civil litigation firm. We are proud to own the title of being the largest and most highly rated local Rockwall law firm.

Sure, you can call a Dallas firm for help, but why? Guest and Gray, P.C. offers the same excellent service but we have convenient office locations for our Rockwall clients. Live in Rockwall or north of Rockwall? Our Rockwall office is located off of TL Townsend just passed the Rockwall county courthouse. Live south of Rockwall towards Heath? It may be better for you to meet us in our Forney location in downtown Forney just off the old townsquare near the city offices. Wherever you may be in Rockwall county, Guest and Gray, P.C. is the local choice.

We are skilled in all different practice areas that you may need, whether it be criminal defense, family law, civil litigation or personal injury, we have a lawyer (or two) just for you. Our attorneys are aggressive and fight hard for each client. No case is too big. We have the resources to take your case the distance. Period.

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GuestandGrayLogoGuest and Gray Law Firm is the highest rated local law firm for both Rockwall and Kaufman counties. Our main offices are located in Rockwall off of T.L. Townsend just passed the Rockwall County Court House and our Forney location is located in old downtown Forney off of Bois D’Arc St., in the old bank building. We strive to obtain outstanding results for our all of our cases. Our support staff is hardworking and knowledgeable strives to put you at ease during tenuous times.

Being involved in litigation is never a person or businesses goal. However, sometimes circumstances make it impossible to avoid a lawsuit without giving up substantial rights and, in most cases, money.

Guest and Gray, P.C. is one of the only full service law firms in the Kaufman and Rockwall county areas. When it comes to providing service to our clients, we have the attorneys to provide excellent legal counsel in just about any area of law. Our practice areas include:

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Res Ispa Loquitur is one of those cool old latin legal terms that has made its place in modern law and is here to stay. It is one of the more useful ones, as well, especially in medical malpractice claims.

The term Res Ipsa Loquitur literally translated means “the thing itself speaks”. In law, it means that the occurrence which brought about the injury would not, and could not, have happened absent a negligent act. It is a way of presuming negligence without having to prove it with a lot of evidence. What is a good example of that? A sponge. Yep, a sponge.

….. A sponge that was left in a person’s abdomen during surgery that was left there with “no medical justification for leaving it there.” Yeah, Res Ipsa Loquitur definitely should apply there. Leaving a sponge or other object in a person’s body after surgery can lead to infection and even death. The fact that a sponge or other foreign object was made to remain in a person’s body after surgery can only have happened because someone forgot to remove it. Therefore, the fact that it is even there is due to someone, namely the doctor conducting the surgery, was negligent in failing to remove it. Period. End of story.

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