Articles Tagged with texas

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ForneyPicForney is a town on the move. Literally. Even those of us who live in the city have to drive to get anywhere we want to go. Nothing is in walking distance. That is okay. As residents of Dallas-Fort Worth we are well accustomed to driving every where we go.

Guest and Gray Law Firm, P.C. has called Forney, Texas home for decades. Scott Gray and his father, Don Gray, served Forney for decades before joining forces with Robert Guest to become Guest and Gray in 2011. Most of our staff and several of our attorneys, including the author of this article, grew up in the Forney and Kaufman county areas (the author is from Crandall. Don’t hold that against me) and we have seen the exponential growth that is happening in our city and our county. Here is looking at you Terrell and Crandall.

What I have notice, just in the past year, is that if I fail to drive on one side of town for a while, when I finally do, there is a new neighborhood where a piece of land once stood. For instance, that I-20 corridor near FM 1641. There is a new neighborhood over there that I didn’t notice for about 6 months. I came back from court that way one day and BAM, there is a neighborhood off to the left. An entire neighborhood. Well, howdy new neighbors.

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Personal-Injury-Law-300x149In Texas, when a loved one is tragically killed as a result of someone else’s negligence, certain family members such as a surviving spouse, child and even parents may bring a wrongful death claim. The estate may also bring a survival claim for damages the deceased suffered prior to their death, such as pain and suffering and mental anguish.

Mesquite is a city that has a high number of automobile, motorcycle and trucking accidents due to the major highways and interstate that pass through its borders. Highway 635, Interstates 20 and 30 and numerous others allows hundreds of thousands of people to drive in and around Mesquite every single day. In 2017 alone, Mesquite 15 fatality accidents resulting in 16 deaths with an overall number of over 1,600 accidents.

Each family that is made to suffer the loss of a family member deserves the right to go after the person that caused the death of their loved one. At Guest and Gray, the goal of our experienced wrongful death attorneys is to right the wrongs by pursuing the family and the estate’s claims to the fullest extent of the law to obtain the only type of remedy the civil law provides: compensation.

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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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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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The headline is a misnomer. Lets just scratch that, its pretty much bad and ugly. Texas has some pretty bleak accident statistics when it comes to the holidays, especially Memorial Day, Fourth of July and Thanksgiving.

The Texas Department of Transportation collects fatal crash statistics for travel periods, not just the Holiday itself. For instance, for the Memorial day holiday, they collect crash data from a 78 hour period and for Christmas it is a 102 hour period. It allows them to cover the travel period for when people are traveling to destinations to celebrate the holiday.

In 2017, Thanksgiving was the single deadliest travel holiday of the year with 73 fatalities in a 102 hour travel period. That is up nearly 20 deaths from 2016 and an increase of 31 additional fatalities from 2015’s total of 42 from the same travel period. Overall, 2017 saw 296 fatalities during major holiday travel periods that included Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas, and New Year’s. That is an increase of 49 deaths year-over-year from 2016’s total of 247. Thanksgiving alone had 19 more fatalities during its travel period year-over-year.

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insurance101-300x157Subrogation. The word itself is strange and seems scary to the uninformed. However, it is a very common legal tool for health insurance companies to recoup monies that they have paid out when their insured has been injured due to the negligence of a third party, i.e. a car or trucking accident, dog bite, etc..

The experienced personal injury attorneys at Guest and Gray navigate the complicated field of subrogation on a daily basis in pursuing personal injury cases for our injured clients. We have represented injured parties in Forney, Rockwall, Dallas, Terrell, and all over East Texas in hundreds of personal injury cases.

In most cases, if you are involved in an accident, you go to the hospital and you provide your health insurance information and you think that is that. However, unbeknownst to you, that gives rise to a subrogation claim by your health insurance company and they are pretty quick to pick up on the charges due to the type of treatment and billing codes that are entered by the hospital or other treatment facility.

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Personal-Injury-Law-300x149Have you recently been injured in an accident and it was not your fault? Then you need to contact the law firm of Guest and Gray today. We handle cases just like yours every single day. From car accidents, to 18-wheeler wrecks, premises liability and beyond. When you are injured as a result of somebody else’s negligence, Guest and Gray is there for you. We fight hard for the rights of the injured.

Injuries as a Result of Other’s Negligence Can Happen Anytime You are on the Road

Negligence can occur in the most innocent seeming moments. The most common is while driving a car. For most people in the Dallas-Fort Worth area, we become very accustomed to driving longer distances to get where we need to go, whether it be to work or to even the grocery store. The problem is that people can become so used to driving in those areas that they lower their guard and drive more dangerously. Messing with the radio, talking with others in the car and texting and driving are common factors in these types of accidents. People get bored driving so they distract themselves. In doing so, they make it more dangerous for others on the road because they are paying less attention to the 2-ton projectile they are driving at high speeds down the road. Driving is something that we do every day. Unfortunately, as a result, North Texas experiences catastrophic and fatal accidents on a daily basis.

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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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Recently, inForney.com broke the news that Kaufman County Deputy Constable, Grant Cousins, had pled guilty to perjury stemming from an investigation done by the Texas Rangers involving allegations of sexual assault of a woman that occurred at a gravel pit located in Kaufman county. The allegations stem from an evening when, according to the report, Deputy Cousins had the woman in his patrol car “looking for narcotics locations”. This raises real concerns for the Constable’s office, Kaufman County, and the Kaufman County citizenry (because they could be on the hook for any settlement proceeds the County may have to pay out to settle her claims).

So, if the alleged victim were to sue Kaufman county, what would the lawsuit be about? It will likely be a Section 1983 claim found under federal law. Deputy Cousins is a Deputy Constable and would therefore be considered a “state actor” for purposes of the Statute. There is a lot of interesting case law on this issue, because believe it or not, police officer malfeasance of this sort is not that uncommon, but one case in particular has stood out to me. In Fontana v. Haskins, that case dealt with a woman who had been arrested and was therefore in the custody of the police at the time of the alleged malfeasance. Apparently, officer Haskins made unwanted advances and attempted to touch Fontana inappropriately without her consent.

The Court discussed the case under fourth amendment and fourteenth amendment grounds and whether the federal district court had properly granted summary judgment in favor of the Defendant officer. They concluded that the district court had erred in their ruling and allowed the case to move forward for trial. What is particularly interesting for our purposes is that (1) the Court discussed the behavior as fourteenth amendment violations, i.e. violation of due process, conduct that shocks the conscience. They noted that while sexual misconduct of an officer of an arrested person implicates the fourth amendment, when a police officer commits a sexual offense to a general person, i.e., regular citizen, the court analyzes it under the fourteenth  amendment.

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RedneckfourthofjulycoolerTomorrow is the fourth of July, and in honor of our nation’s greatest holiday and the birthday of American freedom, we would like to say “Happy Fourth! Now don’t hurt yourself”.

We’ve all done it. Who can honestly say that they haven’t lit off a bunch of black cats and thrown them at a few of our best buddies? Oh, you can’t say that? Good. You’re smart. Don’t do that because its dangerous. But a lot of us did and I am glad we survived.

Recently, Motherboard released a compilation of the craziest and dumbest fireworks accidents in honor of the fourth of July holiday. There are some crazy accidents on there. Like when a kid lit a firecracker and threw it in a sewer and then stood on the manhole cover. Apparently that kid lived to regret it. Or the time a guy from Brooklyn was smoking a cigar and holding a firecracker at the same time and blew his own finger off. This year, don’t be that guy. Don’t be that kid. Because then websites like Motherboard will write stories about you and make money on advertising. Its embarrassing. Instead, if you want to do something really cool with fireworks, be this guy who flew a drone through a fireworks show. That is awesome. Plus, no one gets hurt.