Articles Tagged with Kaufman

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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.

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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?).