Articles Tagged with texas

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social-image-logo-og-300x300Guest and Gray is Rockwall and Rockwall County’s trusted car, 18-wheeler and motorcycle accident attorneys. If you have been injured injured in an accident in Rockwall County, and it is not your fault, you need to call Guest and Gray, P.C. and learn about your rights.

How Can You Assert Your Rights in a Rockwall County Personal Injury Case?

When you are injured in a car, truck or motorcycle accident, it is important to get information on a few things: (1) who was there and saw what happened; (2) what law enforcement agency responded to the accident; and (3) the at-fault driver’s insurance information.

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Insurance-Claim-PictureGuest and Gray, P.C. has successfully helped countless personal injury and wrongful death victims and their families recover under their uninsured/underinsured motorist policies in the greater Dallas-Fort Worth areas, including Forney, Dallas, and Rockwall counties.

Making and Uninsured/Underinsured Claim in Texas

Making an uninsured motorist claim is much like making claims against the at-fault party’s insurance, except that this is typically your own “excess” policy to help take care of medical bills and lost wages when you have already maxed out the at-fault party’s liability policy.

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DogBites2Guest and Gray, P.C. is committed to helping dog attack victims recover top dollar for their injuries. Dogs are often thought of as “man’s best friend”, but that is not always the case. This is especially true in Texas where we lead the nation in Dog Bite Fatalities. Dog’s can attack without warning and for no apparent reason. Guest and Gray, P.C. has represented numerous dog bite victims in the Dallas, Forney, and Rockwall county areas and recovered top dollar for their injuries.

Establishing “Negligence” in a Dog Bite Case

In order to recover damages after a dog attack, the injured victim must show that the owner, aware of the dog’s aggressive tendencies, failed to use reasonable care to prevent the dog from harming someone. For instance, if the owner of a known aggressive dog regularly lets the dog out in the street or neighborhood, and that dog attacks someone, the homeowner will likely be liable under a negligence theory of recovery in Texas.

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Most people that I have talked to about the proposed border wall along the U.S.-Mexico Border have been surprised to hear that the federal government does not already own the land necessary to build the wall. The next question that I receive is: well, does that mean that they have to take private landowners’ property away from them?

Well, yes, under the guise of eminent domain.

Eminent domain is the method by which the federal government will be required to pay the local borderlands property owners “just compensation” for the land they plan to use for the proposed border wall. “Just compensation” is measured by the fair market value of the land at the time of the taking. Exxon Pipeline Co. v. Zwahr, 88 S.W.3d 623, 627 (Tex. 2002).  Market value is the price the property will bring when offered for sale by one who desires to sell, but is not obliged to sell, and is bought by one who desires to buy, but is under no necessity of buying. City of Harlingen v. Estate of Sharboneau, 48 S.W.3d 177, 182 (Tex. 2001). The owner of the property can testify to its market value, even if he could not qualify to testify about the value of the property belonging to someone else. Porras v. Craig, 675 S.W.2d 503, 504 (Tex. 1984); see also Redman Homes, Inc. v. Ivy, 920 S.W.2d 664, 669 (Tex. 1996).

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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.