Articles Tagged with Auto injury attorney

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GuestandGrayPic-300x88Guest and Gray Law Firm is the largest, most highly rated local law firm in Kaufman and Rockwall Counties. Why? Because we are litigators who fight for our clients. We are not just a bunch of local guys who went to law school and decided to come back home to practice. We love where we live and we love the people here.

Our main office is located in old downtown Forney inside the old bank building. If you have driven through old downtown, then you know us. You’ve seen the big gray building with big “Guest & Gray” letters on the front. We also have an office near the Rockwall Court Courthouse in Rockwall to serve our growing needs in Rockwall. Both Rockwall and Forney are currently experiencing growth never before seen in this area. With unprecedented growth, both Rockwall and Forney are having to deal with problems they have never had to face before.

This growth has created a need for experienced local attorneys who know the lay of the land. When you have a local problem, you need a local attorney. Here at Guest & Gray we are proud to say that we have answered that call. Case after case, we effectively resolve the issues our clients are facing. No legal problem is too big or too small. No matter what your litigation needs are, they are important to us. Why? Because the people of Rockwall and Kaufman county are important to us.

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Personal-Injury-Law-300x149Between Soap Operas and the Price is Right, the other consistent day-time TV you see are personal injury attorney’s yelling at you about they will “get them the compensation they deserve” for their injuries in between scenes of car crashes and people looking strangely well groomed to be in a hospital bed after the aforementioned accident. I love those commercials. The acting is about as good as the Soap Opera episode it runs in between.

All jokes aside, the biggest hiccup that occurs between clients and attorneys is the concept of compensation. Many clients expect that since the accident was clearly not their fault, they should just get the money. Although that is quite often how it works, you have to “prove up” your damages, either during the claims process with the insurance company or by introducing admissible evidence of damages in court once a case has been filed.

Once a case has been filed, a party seeking recovery of past medical expenses must pay very close attention to Texas Civil Practice and Remedies Code (TCPRC) §41.0105 that says, “in addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant.” Easy enough, right? Actually paid and incurred means expenses that have been or will be paid and excludes the difference between such amount and charges the service provider bills but has no right to be paid, e.g., amounts that have been written off. Ahmed v. Sosa, 514 S.W.3d 894, 895-896 (Tex. Ct. App.–Fort Worth, 2017).

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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.

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(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.
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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.

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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.
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Photo Credit: inforney.com/ Mathew Richards

FORNEY, Texas — via inforney.com: There are two separate wrecks are causing delays on eastbound and westbound Interstate 20 near Farm-to-Market (FM) 740.

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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.

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fender-bender-300x216Let’s be honest for a minute. Car wrecks suck. They really do. They hurt our bodies. They destroy our property. We miss time from work. Insurance companies. Hospital bills. Rental cars. Rehabilitation. Did I mention insurance companies? Because they suck, too.

Hold on a second….

Sorry, I just went and asked an associate who was in an accident last August and she confirmed it. Accidents suck. See, its unanimous.

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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?