Articles Tagged with Negligence

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Scales-300x132Wrongful Death cases are hard on everyone involved. When a tragedy occurs that results in the loss of life of a loved one, it can be hard to understand what you need to do next. Here is a simple break down of the steps that the family of a deceased individual who has been killed as a result of someone else’s negligence must take in order to secure recovery after a wrongful death occurs.

What is Wrongful Death?

Wrongful death is defined in Texas under Chapter 71 of the Texas Civil Practice and Remedies Code. The Texas Civil Practice and Remedies Code provides a cause of action under the following circumstances:

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personalinjury3-300x201Guest and Gray is Kaufman County’s premier personal injury law firm. Our team of experienced personal injury lawyers and knowledgeable staff work hard on a daily basis to fight for the rights of Kaufman county’s injured accident victims.

As Kaufman county continues to grow at a record pace, Guest and Gray has been here since the beginning. We have recovered millions of dollars over the years for local Kaufman county residents after they have been injured in automobile, motorcycle, trucking accidents, dog bites, and many other types of injury cases. We work closely with providers, health insurance companies and the at-fault insurance carriers to maximize our client’s recovery in each case.

Our attorneys take each Kaufman County personal injury case on contingency. That means that we take on the risk and you pay nothing unless we win your case. Our personal injury lawyers are ready to take your case all the way to trial, if necessary.

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Scales-300x132So often we hear legal terms such as “negligence” and “wrongful death” used by attorney’s and non-attorney’s alike. It is almost common place for people to use the word when describing an accident or a person’s behavior. If you listen to some of the local radio stations here in Dallas-Fort Worth you will probably hear a few commercials for attorneys asking the question “have you been injured because of someone else’s negligence?” The word is thrown around almost nonchalant. But, under the law, negligence has a very deep and complex meaning. Using the word as a broad stroke “that was negligent” does not afford the word its due, and under the law, may not actually be so, as you will see below.

For attorney’s and legal professionals, these terms have significant meaning beyond the common understanding of the words. In law, these are called “legal terms of art”. For the practitioner of law, terms of art such as negligence, wrongful death, and the thousands of other legal terms of art have a meaning beyond just a Webster’s Dictionary definition. So, in this article we ask “just what does the word ‘negligence’ mean?”

Terms of art can have different meanings in different jurisdictions. For the most part, the term “negligence” has the same legal definition in all 50 states. However, what may be different is how it is applied in certain situations. For instance in Texas, up until 2015, evidence of a plaintiff’s own negligence by failing to wear a seat belt was not admissible to show that the plaintiff was partly or wholly the cause of their own injuries. However, that all changed with the Supreme Court of Texas’ decision on Nabors Well Services, Ltd v. Romero.  Now, it is admissible, so you have yet another reason, other than the obvious, to wear your seat belt. The Supreme Court now says that if you fail to wear a seat belt it can be used against you to limit your recovery in a personal injury lawsuit. Many other states allow such evidence to be used to establish a plaintiff’s own negligence, but there are others states who still do not allow this type of evidence to prove plaintiff’s negligence.

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Day Care VanAs a parent, when you leave your child with someone else, you expect them to care for your child like they were your own. At the very least, you expect them make sure the basic needs and well-being are being looked after. However, it is far too often that we hear about children being left in hot cars today. It is one thing when a forgetful parent does it. That parent has to live with that pain of knowing they harmed their child for the rest of their life. But when a licensed, professional day care forgets about your child in a vehicle all day, that is another thing entirely.

According to EastTexasMatters.com, a 3-year-old child was reportedly left in a Greenville childcare’s van on Monday. The city of Greenville’s public information officer said that officers were called to the L.P. Waters campus on Carver on reports a child was left inside a local daycare’s van from around 8 a.m. to 2:30 p.m.

It was at around 2:30 p.m., that the driver went back to the L.P. Waters campus to pick up students. The driver reported the van’s side door was open and the child was standing there. The 3-year-old boy was removed and taken into the school where the nurse began caring for him.