Articles Tagged with Dallas

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RedneckfourthofjulycoolerTomorrow is the fourth of July, and in honor of our nation’s greatest holiday and the birthday of American freedom, we would like to say “Happy Fourth! Now don’t hurt yourself”.

We’ve all done it. Who can honestly say that they haven’t lit off a bunch of black cats and thrown them at a few of our best buddies? Oh, you can’t say that? Good. You’re smart. Don’t do that because its dangerous. But a lot of us did and I am glad we survived.

Recently, Motherboard released a compilation of the craziest and dumbest fireworks accidents in honor of the fourth of July holiday. There are some crazy accidents on there. Like when a kid lit a firecracker and threw it in a sewer and then stood on the manhole cover. Apparently that kid lived to regret it. Or the time a guy from Brooklyn was smoking a cigar and holding a firecracker at the same time and blew his own finger off. This year, don’t be that guy. Don’t be that kid. Because then websites like Motherboard will write stories about you and make money on advertising. Its embarrassing. Instead, if you want to do something really cool with fireworks, be this guy who flew a drone through a fireworks show. That is awesome. Plus, no one gets hurt.

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Guest and Gray is the firm to turn to if you or a loved one has been injured or killed in an accident involving an 18-wheeler or other commercial vehicle. Our firm is based in the Dallas area with offices in Forney and Rockwall to meet the needs of our injured clients. Guest and Gray is a firm with small town values with big-city experience. Our personal injuries attorney’s have won millions for our injured clients and their families.

18-wheeler accidents are a different kind of animal than a standard motor vehicle accident. They are more fact specific and the at-fault party’s insurance company will look for more ways to refuse to pay. The number one tactic is become best friends with the claimant or portray to the grieving family that they truly care, and then send them a low-ball offer in an attempt to get them to settle before they meet with an attorney and find out the real value of the claim. Do not fall for this age old trick! Before you accept any settlement from the insurance company or the at-fault party, you need to speak with an experienced personal injury attorney about what is truly in your best interest.

Have You Or a Loved One Been Severely Injured in an 18-Wheeler Accident?

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personal_injury_law-300x215Res 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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DogBites2According to Centers for Disease Control, there are approximately 4.5 million dog bites in America each year.  Texas leads the nation in dog related fatalities, according to the most recent study of fatalities from 2005 to 2017, there have been 52 fatalities linked to vicious dog attacks, ranging in ages from 85-years old all the way down to just a two month old baby. In 2016, Texas ranked second overall in dog related fatalities.

The funny thing is that Texas, despite leading the nation in dog attacks and dog related death, does not have a statute that covers civil liability for dog bites.

Say what?

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traffic-highway-80-300x142Kaufman County is in a weird transitional phase from being a historically rural county with numerous small tightly knit communities to a more commercialized suburban sprawl where the ends of one city meet another.

When many of us originally moved to the area, we did so to “get away” from the sped up lifestyle of the city. However, being good Texans, we embraced the opportunities for economic growth and now Kaufman county is seeing not only incredible growth, but growth that is picking up speed.

Although much of Kaufman county is still rural, with county roads that are lined with small country neighborhoods and small to mid-sized working ranches. However, our cities are becoming bustling centers of commerce and those cities are encroaching on the county roads. Driving down FM 2757, you can see houses over the low rolling hills where Heartland is encroaching on one of the last remaining vestiges of Kaufman county’s relatively untouched beauty. Forney’s population is exploding. Terrell is showing everyone how business and planning for the future is done. Kaufman is growing. Even Crandall and other oft forgotten about areas of our county such as Kemp, Elmo, Warsaw, Talty, all of these areas are seeing growth (the author is from Combine- does anybody remember that Combine is actually a part of Kaufman County?).

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personalinjury3-300x201Which should I buy: higher liability coverage or Uninsured/Uninsured Coverage? During conversations with clients, this is a question that comes up quite often. This especially when the client has significant medical damages that exceed the minimum policy requirements in Texas and we are trying to figure out how to get all of the bills paid.

What is the Minimum Liability Coverage I am Required to Have In Texas?

Under Texas Transportation Code § 601.072(a-1)(1-3), the owner of a vehicle is required to carry at least:

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handshakeNon-Compete Agreements are generally disfavored by the Courts. However, they have been granted protections in Texas under the Texas Non-Compete Act. Although fully recognized in Texas, they must generally be very limited in scope and reasonable under the circumstances.

If you are purchasing a company, one of the most important sections can be the non-compete. If you purchase a business from a seller who is well known in the community without including a non-compete, you may find yourself competing against that seller again in the future if they decide to re-enter the same industry again. The seller and their business has presumably built up goodwill and name recognition. That is probably part of what drew you to want to buy the business in the first place. Now, think of potentially having to compete with that person you just paid to purchase their company and they steal all their business back by coming back into the market shortly after the sale. That would be terrible and that has happened in the past.

The following list identifies common points for buyers and sellers that our firm emphasizes during both the negotiation of a non compete agreement as part of the sale of a business and litigation that may arise out of a non compete agreement after the sale. These are all based on the law in the State of Texas and how these specific points have been treated in the past. We call them “pitfalls”. Don’t fall into one.

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Med Pay or PIP? Or Both? Which one is better in the event of an accident? My insurance agent is pushing me towards Med Pay, but PIP sounds better. Sound familiar? Well, here is some basic information about the difference between the two types of insurance coverage that you want to know about. If you are looking for a quick overview, see the chart below. For detailed information, read on past it.

PIP Med-Pay
Required under Texas law Yes No
Must be rejected in writing Yes No
Minimum Coverage $2,500 per person No
Covers Medical Bills Yes Yes
Covers Lost Wages Yes (80%) No
Right of Subrogation No Yes
Provides No-Fault Coverage Yes Yes

 

Personal Injury Protection (“PIP”) is coverage you purchase with your auto insurance policy that covers medical expenses and lost wages as a result of injuries sustained in a car accident. It is no fault coverage. So, you don’t have to wait for the insurance company to make a final determination of liability.

PIP is required under Texas law.  The Texas Insurance Code provides that all policies of automobile insurance issued in Texas must provide for PIP coverage for a minimum of $2,500 per person, unless rejected in writing by the insured. If you choose not to carry PIP coverage, then the insurance company is required to obtain your signed rejection of the PIP coverage.  Therefore, unless you rejected PIP, then you would be entitled to the minimum coverage even if you were never charged a premium for it.

But pay attention, many insurers like to give you the policy with the PIP coverage section marked as rejected. They then tell you that you don’t want it anyway and it costs more, blah blah blah. Move one.

Don’t let them do that to you. Make your own choice.

Minimum Coverage.  Minimum of $2,500 per person required by Texas law.  You may carry more coverage if you like.

What if I’m at fault in the accident? Does not matter. PIP is “no-fault” coverage which means you are entitled to PIP benefits regardless.

What does PIP cover?  Reasonable and necessary medical bills and 80% of your lost wages.

Does PIP Have a Right of Reimbursement?  No. PIP has no subrogation or reimbursement rights to your settlement dollars.

Medical Payments Coverage (Med-Pay) is another type of “no-fault” coverage option. Very similar to, but it operates a little differently than, PIP. Med-Pay coverage may be issued in any amount:  $500, $1,000, $2,000, etc. It is pretty flexible in that respect.

What Does Med-Pay Cover?  Med-Pay covers medical bills only.

Does Med-Pay Coverage Come With a Right of Reimbursement? Yes, if you use your own policy’s Med-Pay, your insurance company will have a right of reimbursement for the amount of Med-Pay coverage that they distributed to you. The process by which your insurance company will enforce this right is known as “subrogation”. Subrogation refers to the right of an insurance company to be reimbursed after you settle your case.

So, this means that your insurance company could come back and take money out of your pocket when you settle if you have Med-Pay, however, if you have PIP, they can’t. Important difference. Med-Pay can be incredibly helpful, however, there are some pitfalls. PIP is good all around. Get PIP.

If you or a loved one has been in an accident and you are trying to figure out how to maximize your insurance benefits, call Guest and Gray, P.C. and let us help you work through the massive amounts of red-tape in obtaining the coverage and benefits you need. We deal with both your insurance company, the at-fault party’s insurance, and we are trial attorneys ready to enforce your rights in a court of law.

INJURED IN A TEXAS AUTO OR TRUCK ACCIDENT? CALL THE TRUSTED LEGAL TEAM AT GUEST AND GRAY, P.C.

GuestandGrayLogoIf you have been injured in an accident in the Dallas, Kaufman or Rockwall county areas, or anywhere in the State of Texas, you need to call the trusted personal injury team at Guest and Gray, P.C. Our firm is the largest and highest rated firm in both Kaufman and Rockwall counties. Our personal injury attorneys are caring, trusted and local. We pride ourselves in hard work and results.

Don’t call just any law firm to guide you through the courts. When you hire an attorney from Guest and Gray, P.C., you not only get an attorney assigned to your case, but you get a knowledgeable and caring support staff. Dealing with injuries or the loss of a loved one is stressful enough. Don’t waste your time having to hassle with your legal team. Call the law firm that cares. Call Guest and Gray, P.C. at 972-564-4644

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Injuries that are severe, long-lasting, and debilitating are often categorized as “catastrophic injuries”. Catastrophic injuries result in prolonged recovery period, pain and suffering, lost wages, and mental anguish. Victims of accidents resulting in catastrophic injuries may never fully heal from their injuries, resulting in loss of work capability. Many times, accidents involving catastrophic injuries result in the death of the victim. This is serious stuff.

If you have suffered a catastrophic injury as the result of someone’s negligence, you are entitled to compensation for damages as a result of your injuries, or the loss of a loved one from the at-fault party or parties.

It is important to understand you may have several options. For instance in a serious automobile accident, your own policy may help to provide benefits. Texas requires insurers to offer personal injury protection on automobile policies, which covers the policyholder’s medical bills arising from an accident and underinsured coverage that helps protect you if the person who injures you in a car wreck does not have enough coverage. If you do not have these policies, I would advise you to purchase the additional coverage. Many times in our catastrophic injury cases, our clients with no underinsured/uninsured motorist coverage on their own policies are left with only a limited recovery due to the fact that Texas only requires a minimum liability policy of $30,000 individual/$60,000 per accident for drivers. Catastrophic injuries can lead to medical bills in the hundreds of thousands of dollars. So, it is important to have that excess coverage on your own policy just in case. Protect yourself before something bad happens.

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At Guest and Gray, we pride ourselves on being a little different. We like it that way. If you walk into our office, you will see it almost immediately. We strive to create a relaxed atmosphere for our clients.

Our staff is friendly and will be glad to help you with any questions you have about the consultation and your case. We understand that it is a little weird having to meet with an attorney about anything, let alone potentially suing somebody. We are used to that. So, if you you need anything or have any questions, let us know and our staff will try to accommodate you. If you are not able to leave the house and need an attorney to meet with you over the phone or at your home. Let us know, we’ll meet you at your convenience.

The attorney you meet with will probably be wearing boots and jeans, not a suit. We are not your father’s law firm but we are just as good. The attorney will be happy to see you and take an actual interest in your health and well-being and not just how much your case is worth. We understand that an accident, even more minor accidents can have a huge impact on your life and create stress. We know that and we care about you as a person.