Articles Tagged with Personal Injury Forney

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personalinjury3-300x201Personal Injury Attorneys are a dime a dozen these days. We know it. You know it. So, lets not beat around the bush about it. I dare you to try and drive anywhere in the Kaufman, Rockwall and especially Dallas areas and try to count the injury attorney billboards. I bet you lose count after a while. They all start to blend together.

Let me start off by saying, we don’t even have a billboard. All we have is this website and the people we have helped in the past who tell their family and friends about us after they are injured in an accident, or as business marketing professors would call “WOM” or word-of-mouth advertising. Although we hate to hear that people have been injured in an accident, when our previous clients recommend us to other people who have been hurt, that lets us know that we are doing something right and getting results for our clients.

That is the part of this job that we love. Getting results for a client is always very rewarding on a personal level. We understand that being in an accident takes an emotional as well as physical toll on the injured party. For that reason, you will never just be a number to us at Guest and Gray. Whether it be a vast number in a deep client list or a numeric value on your case. We don’t do that here. To us, you are you. You are the injured victim who’s only fault in the case is that you were innocently driving your car when somebody decided to be negligent and slam his or her vehicle into yours at a high-rate of speed. That is our motivation, and that is why we work so hard to get you results you deserve. It is personal to us because it is personal to you.

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Litigation-imagesHave you been injured in an accident in Rockwall or Kaufman county? At Guest and Gray, P.C., we take all of our Rockwall and Kaufman county personal injury cases on a contingency basis. This means that there is no fee until we recover. We feel that this is the best possible way to ensure that all of our clients are able to receive the same great legal service regardless of ability to pay. Additionally, we know that our personal injury clients have often been severely burdened by the cost of their injuries, loss of income, or the loss of a loved one.

We also feel a deep sense of connection to our community. We want to protect the citizens of Rockwall and Kaufman county from negligent drivers and deep-pocketed insurance companies who do not have the victim’s best interests at heart.

DO NOT SETTLE FOR LESS

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Three people were killed early Monday when the driver of a sedan slammed into the back of a stopped tractor-trailer.

Dallas police said three adult males were headed northbound on Harry Hines at about 3 a.m. when they crashed into the back of a semi stopped at a traffic light at Lombardy Lane.

The two males riding in the front of the vehicle were killed instantly, officials said. The passenger in the back of the car was in critical condition when he was transported to a nearby hospital. The man later died.

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Scales-300x132Guest and Gray, P.C. is proud to be the largest and most highly rated law firm in Rockwall and Kaufman counties. A big reason for that is we offer a wide variety legal services and unparalleled customer service.We are longtime faces in the community and our most of our attorneys grew up right here in Kaufman and Rockwall county. The benefits you receive from a law firm like ours is that you have the resources of a larger firm but in your hometown. So, if you have legal problem and do not know where to turn, you need to turn to Guest and Gray, P.C.  Our focus is first and foremost on the client and fighting to obtain the best possible outcome for your case.

We are also the largest law firm in Rockwall and Kaufman counties and because of that we have the resources and staff to help our clients in manner different types of legal issues. We have attorneys dedicated to different types of practices as opposed to a solo practitioner who practices about 10 different areas of law everyday. We call ourselves a “full-service” law firm for a reason. We feel that the size of the firm and the fully staff offices provide clients with excellent representation to meet your legal needs, no matter what the case.

What Does It Mean To Be a Full Service Law Firm?

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Personal-Injury-Law-300x149Between Soap Operas and the Price is Right, the other consistent day-time TV you see are personal injury attorney’s yelling at you about they will “get them the compensation they deserve” for their injuries in between scenes of car crashes and people looking strangely well groomed to be in a hospital bed after the aforementioned accident. I love those commercials. The acting is about as good as the Soap Opera episode it runs in between.

All jokes aside, the biggest hiccup that occurs between clients and attorneys is the concept of compensation. Many clients expect that since the accident was clearly not their fault, they should just get the money. Although that is quite often how it works, you have to “prove up” your damages, either during the claims process with the insurance company or by introducing admissible evidence of damages in court once a case has been filed.

Once a case has been filed, a party seeking recovery of past medical expenses must pay very close attention to Texas Civil Practice and Remedies Code (TCPRC) §41.0105 that says, “in addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant.” Easy enough, right? Actually paid and incurred means expenses that have been or will be paid and excludes the difference between such amount and charges the service provider bills but has no right to be paid, e.g., amounts that have been written off. Ahmed v. Sosa, 514 S.W.3d 894, 895-896 (Tex. Ct. App.–Fort Worth, 2017).

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I find that  potential clients here in North Texas are quick to use phrases like “negligent” and “gross negligence” because they’re terms used quite often in TV shows to portray the negligent acts of another person. However, knowing how to use the word correctly in a sentence and knowing what the term means according to the law are two different things. The point of this article is to shed light on the legal meaning of the term “gross negligence”. Adding the modifier “gross” to the legal term “negligence” denotes a greater level of negligence than your standard negligence claim. When you say someone was “grossly negligent”, the hearer assumes that the other person acted absurdly under the circumstances. The hearer is right and the law would support their conclusion, as long as you can prove the behavior was absurd at the time of the accident. This is the key distinction between the common meaning of a word and its legal meaning. To the hearer, it means what it means according to its commonly understood definition. However, in this case, the legal meaning given to gross negligence shows how you go about proving the behavior was absurd. As we will see, gross negligence is defined by the Texas Practice and Remedies Code (TPRC) and provides a blue print for proving a gross negligence claim.

Under the Texas Civil Practice and Remedies Code, “gross negligence” means an act or omission (1) which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and (2) of which the actor has actual, subjective awareness of the risk involved but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.

The first prong of the gross negligence test focuses on the objective nature of the defendant’s conduct. A plaintiff may objectively prove gross negligence by proving that under the circumstances of the accident, a reasonable person would have realized that his or her conduct has created an extreme degree of risk to the safety of others. “Extreme risk” required for a finding of gross negligence turns upon the likelihood of serious injury to the plaintiff. This extreme degree of risk threshold is significantly higher than the objective reasonable-person test for negligence. Essentially, we must show that the person had some level of understanding that their actions were risky and involved danger not only to himself but to the public at the time of the accident.

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Fatality-Crash-Rockwall-300x225Time is of the essence if you or a loved one has been involved in an 18-wheeler wreck. The trucking company and the insurance company is going to take steps to eliminate evidence of wrongdoing on their part. You need to hire an attorney and get them working on protecting the evidence related to the accident because it has a very funny way of disappearing.

For instance, there was a fatal 18-wheeler accident involving Forney resident, Latonya Child, in Fate, Texas near Rockwall off of Interstate 30 just the other day. Absolutely horrific tragedy. The driver of the truck obviously did not stop. Although this information is generally applicable to all accidents, but if I were advising this family as a lawyer, or even as a friend, I would say: hire an attorney and do it now. I have handled too many 18-wheeler wreck cases involving incapacitating injuries and deaths to say any different. That family, and any other family involved in such a tragic accident needs someone to tell them that the insurance company is not their friend and does not have their best interests at heart, no matter what the insurance company says. They need someone to protect their rights and make sure that the person who decided to be negligent on that day and take away their loved one pays for what they did. Period.

It is vitally important to the injured party’s case that an attorney take certain actions to protect evidence in the days and weeks following an 18-wheeler wreck. The three main things an attorney needs to for anyone in such a situation send spoliation letters (evidence protection letter), get an accident reconstruction specialist out to the scene of the accident, and get ahold of all the witnesses and take their statements.

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personal_injury_law-300x215We get this question a lot from our clients and potential clients here in Forney, Rockwall and Dallas. The question often boils down to “how long do I have to sue the other driver?”

The easy answer is two years. But, that is not the legal answer. The legal answer involves a review of  a state statute and a little bit of case law.  The limitations periods in Texas are set out in the Texas Civil Practice & Remedies Code. So, that is where we start.

Chapter 16 of the Texas Civil Practice & Remedies Code provides in pertinent part that a person must bring suit for personal injury not later than two years after the day the cause of action accrues. Pretty simple, right? Almost. The statute does not say when the cause of action accrues, it only says that you have two years from the accrual date.

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Let’s be honest for a minute. Car wrecks suck. They really do. They hurt our bodies. They destroy our property. We miss time from work. Insurance companies. Hospital bills. Rental cars. Rehabilitation. Did I mention insurance companies? Because they suck, too.

Hold on a second….

Sorry, I just went and asked an associate who was in an accident last August and she confirmed it. Accidents suck. See, its unanimous.

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Credit: inforney.com/ Mathew Richards

One person was injured in an overnight rollover crash in Forney.  The crash was reported at approximately 11:50 p.m. on Thursday, March 24, 2017, on the south service road of U.S. Highway 80 just east of Cedar Street.

A pickup truck overturned and came to a rest on its roof in the Steve Silver Company parking lot. The driver was reportedly still inside the vehicle when several other motorists stopped to render aid. The driver was transported by CareFlite ambulance to Baylor Medical Center in Dallas, Texas, with unknown injuries.