Articles Tagged with Kaufman

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If you are injured in an accident or as a result of someone else’s negligence and are taken to the hospital for emergency treatment, the hospital that treated you will most likely file what is called a “hospital lien”.

The lien is a statutorily granted lien and can be found under the Texas Property Code. It states that:

(a) A hospital has a lien on a cause of action or claim of an individual who receives hospital services for injuries caused by an accident that is attributed to the negligence of another person. For the lien to attach, the individual must be admitted to a hospital not later than 72 hours after the accident.
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personalinjury3-300x201Guest and Gray Law Firm is committed to serving Kaufman county and its residents who have been injured as a result of someone else’s negligence.

We get it. Lawyers, in general, get a bad rap. We are portrayed on TV as money hungry people who will do anything to get ahead. We readily admit that there are those in this industry that are that way, especially in personal injury. But, let me ask you this: are there people like that in your industry? I bet there are. There is probably a lot of them, and I would not for one second automatically think that is what you were simply because you work in the same industry as those people. At Guest and Gray, we work hard for our clients.

At Guest and Gray, our goal is to serve the people of our local community and protect them from being taken advantage of by insurance companies, hospitals and medical providers. That is our number one priority. After you have been injured in an accident, a lot of things happen: you are hurt. You need treatment, so you go to the hospital and then probably follow up treatments, etc.. That is expensive. Emergency hospital care can cost upwards of $100,000 depending on the types of treatments performed. On top of that, your car is messed up and either needs to be fixed or replaced. Your own health insurance company will pay for a lot of the medical bills, but they will want a cut out of any personal injury settlement you get. So, they will be hounding you about settling. The at-fault insurer will give you LOTS of run around about how much they are actually going to cover and what amounts they will not. You may be missing time from work.

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DogbitesTexas-300x168Ever been bitten by a dog? It is not very much fun. The personal injury lawyers at Guest and Gray Law Firm are keenly aware of this fact. Over the years, Guest and Gray Law Firm has helped victims of dog bites recover top dollar against negligent dog owners.

For the most part, dogs are man’s best friend. Not like those useless cats that just lay around the house and look at you in disgust. Dogs are sweet and caring and love you unconditionally. However, dogs have it in their system the capacity to become dangerous. Certain breeds more-so than others. Pit Bulls, Bull Dogs, and Rottweilers are some of the main dog breeds that people associate with a dangerous capacity to injure people.

However, in Texas, you really cannot just use a dog’s breed as a means of proving your dog bite case. It must be dog specific. This is a good and bad thing. Texas does not have a statute that covers civil liability for dog bites. Rather, in  Marshall v. Ranne, 511 SW 2d 255 (Tex. S.C. 1974) the Texas Supreme Court adopted the view of dog bite law contained in the Restatement of Torts section 509.  That means Texas is a “negligence” or  “one bite rule” when it comes to dog bites. In order to recover damages for a dog bite, the injured person must show that:

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m-cc-ups-and-fedex-300x202This time of year, it is not uncommon to see UPS drivers dashing from stop to stop delivering packages, like Santa trying to make it to every child before Christmas morning. Just last week I was driving on Highway 175 towards Kemp and I saw a UPS delivery truck driving faster than I was on the highway and HE WAS ON THE SERVICE ROAD.

That kind of dangerous driving leads to accidents. UPS puts a lot of pressure on these drivers to deliver an almost impossible amount of packages during the Christmas season. That is why you hear about so many drivers simply dumping out packages on the side of the road because they simply couldn’t make their delivery times and were desperate.

By the way, those UPS trucks are big, commercial vehicles, so if that driver doing 75+ mph on the service road had struck another vehicle at that speed, its pretty much guaranteed that there would be significant injuries, and possibly fatal.

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gavel1-300x169This is a question that I am asked over and over in my practice: Should I even bother?

It is a good question. A valid question. Why? Because filing suit, hiring attorneys and spending the next year (or more) and thousands of dollars in litigation is not something that should be taken lightly.

So, how do I answer the question? I answer by asking questions. Mainly, it is three questions, with several sub-questions that follow: How much is the case worth?; Who are we suing?; and is there an alternative to filing suit? Once we answer these questions and their follow up questions, I can usually put together a case plan tailored to your case that will help us determine what steps to take first, including whether or not you should even bother filing suit.

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GuestandGrayLogoAs a Kaufman, Rockwall and Dallas county personal injury lawyer, I know that traffic accidents happen for many different reasons. It could be inattention, unsafe driving, texting, messing with the radio and everything in between- including weather, such as rain and snow.

Anyone who has driven in Dallas on a rainy or snowy day knows that people lose all ability to properly maintain their vehicles. It’s like they’ve suddenly forgot how to drive and any manual they have is written in Greek. It is totally bizarre. The other day I literally saw someone drive into a middle barrier on the highway, for what appeared to be, no good reason at all. The person got out “okay” and no one was hurt. The person just seemed a little confused and blamed it on the wet road.

You Can Make a Claim On Another Driver Regardless of Weather Conditions

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MotorcycleAccidentsMotorcycle accidents happen in a blink of an eye. The biker is often left with very little time to maneuver to safety, causing them to lay the bike down or simply take the hit straight on. As a result, the injuries that motorcycle riders and passengers incur are regularly more severe than that of those in the vehicle that hit them.

Injuries mean hospital stays, lost wages, long recovery, hospital bills. Big ones. In a typical motorcycle accident here in the Dallas and Fort Worth areas, the amount of medical bills can exceed $100,000 in just the first few days of treatment. We have had countless cases where injured bikers have been in the hospital for weeks, and even months, at a time.

IT DOES NOT TAKE A BIG ACCIDENT TO GET BIG INJURIES IN MOTORCYCLE CASES

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HuntCountySabineRiverHunt County is a mostly rural county. Everyone knows that Greenville is exploding in size, but what people do not know is that the rest of the county is getting ready to catch up. The people are great and the cities and towns bring back memories of what Texas was like growing up. But even Hunt County simply cannot escape the growth in nearby Dallas, Collin and Rockwall counties. Between 2014-2015 and 2015-2016, Hunt County’s year over year growth spiked from just over 1.2% to 2.48%. Similar growth has continued in the county in  2017 and early 2018 so far.

As a lawyer, what I see coming for Hunt county is increased traffic and traffic accidents and an uptick in civil litigation. Residential growth always leads to commercial growth. Both of those lead to civil litigation, such as real estate and breach of contract litigation. When most people think of hiring a lawyer, their first thought is “I need a Dallas lawyer!”

However, that is simply not the case. Hunt county has numerous attorneys who are capable handling any of your civil litigation needs. Guest and Gray, P.C. is a law firm based out of Kaufman and Rockwall counties that seeks to represent people in civil litigation matters all across East and Northeast Texas, including: Kaufman, Rockwall, Hunt, Anderson, Henderson, Hopkins, Lamar, Rains, Rusk, Smith, and Van Zandt county areas.

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Guest and Gray, P.C. is not only the largest law firm in Kaufman county, we are one of the only full service law firms this side of Dallas. We are the firm to call if you have been injured in an accident, have child custody or divorce questions, need an estate plan or Will, have been sued under a contract or other breach of duty, and many more. Guest and Gray, P.C. has nine attorneys and over 100 years of combined legal experience.

We are trial seasoned and trial ready attorneys who are ready and willing to fight for your rights. Whether it be fighting for Kaufman county residents against forced annexation or fighting voter fraud in our local elections, Guest and Gray, P.C. is here for our local community in ways that no other law firm has done before. We have represented literally thousands of local residents in both civil and criminal matters. No one else can say that. That is why we are the largest and highest rated law firm in Kaufman county.

Guest and Gray: The Largest and Most Highly Rated Local Law Firm

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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.