Articles Tagged with Kaufman

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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.

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DogBites2In Texas, a person can find themselves liable for the actions of an animal considered to be “abnormally dangerous”. An animal will be considered “abnormally dangerous” if its dangerous propensities that are abnormal to its class. That means that if the animals breed is typically known for being calm and sweet, yet the animal in question had bitten or nipped at a person in the past, it could be considered to have “dangerous propensities abnormal its class”. A domesticated animal is any animal (i.e. dog, cat, pig, horse, etc.) that is by custom devoted to the service of mankind at the time and place it is kept.

To prove a cause of action for injury by a dangerous domesticated animal, the plaintiff must show that:

1. The defendant owned or possessed the animal;

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CatastrophicInjuryPicIn the field of catastrophic injury law, we are often confronted with the question, “What makes an injury catastrophic?” This seems like a reasonable thing to ask, especially since the term “catastrophic injury” can occur in a variety of contexts, from truck and auto accidents, to work place injuries, to prime time television.

The reality is that I can only provide you with a working definition that is widely used by fellow lawyers and also in the medical community. There is no statute or case law that really buttons down what a catastrophic injury is simply because it can take so many shapes.

Catastrophic Injury Typically Means a Permanent Impairment

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traffic-highway-80-300x142Guest and Gray, P.C. has represented countless Rockwall and Kaufman county residents and their families after devastating 18-wheeler and commercial vehicle accidents in our area. When residents of Kaufman and Rockwall counties are injured in a truck or commercial vehicle accident, they know that Guest and Gray law firm will be there to help them hold the trucking company and their insurance carrier accountable for their actions.

Kaufman and Rockwall Counties are Seeing Growth in Number of Truck and Commercial Vehicle Accidents

Just in the last few weeks, truck accidents have caused havoc on our local roadways. In the last few years, both Kaufman and Rockwall counties have seen spikes in the number of truck related accidents, injuries and deaths. As more commercial vehicles drive on our roadways, that will only increase the risk of serious injuries to our local residents and those that travel on our roadways. When those types of accidents occur, you need to know who to call. Call Guest and Gray, P.C., your local, experienced truck accident attorneys.

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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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real-estate-imageSell real estate? Own a title company? Are you an Investor? Well here are two realities to long term real estate work: taxes and lawsuits. So, get to know the two kinds of people who deal with those issues. At Guest and Gray, P.C. we can help you with the lawsuits. We can also help you with document preparation. Document preparation is fundamentally important to a real estate deal. Why? Because good documents will keep you from getting sued, and if you do get sued, good documents will only serve to help you in the lawsuit.
Because of this, I always tell my long term real estate clients that attorneys are a cost of doing business. We just are. Real estate is one of the most highly litigious areas, especially in the hot real estate market in the Dallas, Rockwall and Kaufman county areas (especially Forney, Terrell and Rockwall areas where much of the growth is the housing boom and/or economic boom).
Here are some of the main reasons to use a real estate attorney when you are doing any sort of large real estate deal, residential or commercial:
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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.