Articles Posted in Personal Injury

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Guest and Gray is a full service law firm, specializing in manner different areas of law. One of our core practice areas is personal injury and wrongful death. If you or a loved one is involved in an auto, truck or motorcycle accident, you are going to have to deal with the at-fault party’s insurance carrier. If you do not hire an attorney, you will be going into a situation where the other party is a multi-billion dollar insurance company who specializes in negotiating these types of claims.

So let me ask you this question: In any other type of situation, would you enter into negotiations with a multi-billion dollar company without hiring someone to represent you?

My hope is that the answer would be a no. Don’t be the fool that the insurance company thinks you are.

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Hunt 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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GuestandGrayLogoGuest and Gray Law Firm is the highest rated local law firm for both Rockwall and Kaufman counties. Our main offices are located in Rockwall off of T.L. Townsend just passed the Rockwall County Court House and our Forney location is located in old downtown Forney off of Bois D’Arc St., in the old bank building. We strive to obtain outstanding results for our all of our cases. Our support staff is hardworking and knowledgeable strives to put you at ease during tenuous times.

Being involved in litigation is never a person or businesses goal. However, sometimes circumstances make it impossible to avoid a lawsuit without giving up substantial rights and, in most cases, money.

Guest and Gray, P.C. is one of the only full service law firms in the Kaufman and Rockwall county areas. When it comes to providing service to our clients, we have the attorneys to provide excellent legal counsel in just about any area of law. Our practice areas include:

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In 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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In 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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Guest 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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According to Centers for Disease Control, there are approximately 4.5 million dog bites in America each year.  Texas leads the nation in dog related fatalities, according to the most recent study of fatalities from 2005 to 2017, there have been 52 fatalities linked to vicious dog attacks, ranging in ages from 85-years old all the way down to just a two month old baby. In 2016, Texas ranked second overall in dog related fatalities.

The funny thing is that Texas, despite leading the nation in dog attacks and dog related death, does not have a statute that covers civil liability for dog bites.

Say what?

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Kaufman 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?).

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Which should I buy: higher liability coverage or Uninsured/Uninsured Coverage? During conversations with clients, this is a question that comes up quite often. This especially when the client has significant medical damages that exceed the minimum policy requirements in Texas and we are trying to figure out how to get all of the bills paid.

What is the Minimum Liability Coverage I am Required to Have In Texas?

Under Texas Transportation Code § 601.072(a-1)(1-3), the owner of a vehicle is required to carry at least:

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Med Pay or PIP? Or Both? Which one is better in the event of an accident? My insurance agent is pushing me towards Med Pay, but PIP sounds better. Sound familiar? Well, here is some basic information about the difference between the two types of insurance coverage that you want to know about. If you are looking for a quick overview, see the chart below. For detailed information, read on past it.

PIP Med-Pay
Required under Texas law Yes No
Must be rejected in writing Yes No
Minimum Coverage $2,500 per person No
Covers Medical Bills Yes Yes
Covers Lost Wages Yes (80%) No
Right of Subrogation No Yes
Provides No-Fault Coverage Yes Yes

 

Personal Injury Protection (“PIP”) is coverage you purchase with your auto insurance policy that covers medical expenses and lost wages as a result of injuries sustained in a car accident. It is no fault coverage. So, you don’t have to wait for the insurance company to make a final determination of liability.

PIP is required under Texas law.  The Texas Insurance Code provides that all policies of automobile insurance issued in Texas must provide for PIP coverage for a minimum of $2,500 per person, unless rejected in writing by the insured. If you choose not to carry PIP coverage, then the insurance company is required to obtain your signed rejection of the PIP coverage.  Therefore, unless you rejected PIP, then you would be entitled to the minimum coverage even if you were never charged a premium for it.

But pay attention, many insurers like to give you the policy with the PIP coverage section marked as rejected. They then tell you that you don’t want it anyway and it costs more, blah blah blah. Move one.

Don’t let them do that to you. Make your own choice.

Minimum Coverage.  Minimum of $2,500 per person required by Texas law.  You may carry more coverage if you like.

What if I’m at fault in the accident? Does not matter. PIP is “no-fault” coverage which means you are entitled to PIP benefits regardless.

What does PIP cover?  Reasonable and necessary medical bills and 80% of your lost wages.

Does PIP Have a Right of Reimbursement?  No. PIP has no subrogation or reimbursement rights to your settlement dollars.

Medical Payments Coverage (Med-Pay) is another type of “no-fault” coverage option. Very similar to, but it operates a little differently than, PIP. Med-Pay coverage may be issued in any amount:  $500, $1,000, $2,000, etc. It is pretty flexible in that respect.

What Does Med-Pay Cover?  Med-Pay covers medical bills only.

Does Med-Pay Coverage Come With a Right of Reimbursement? Yes, if you use your own policy’s Med-Pay, your insurance company will have a right of reimbursement for the amount of Med-Pay coverage that they distributed to you. The process by which your insurance company will enforce this right is known as “subrogation”. Subrogation refers to the right of an insurance company to be reimbursed after you settle your case.

So, this means that your insurance company could come back and take money out of your pocket when you settle if you have Med-Pay, however, if you have PIP, they can’t. Important difference. Med-Pay can be incredibly helpful, however, there are some pitfalls. PIP is good all around. Get PIP.

If you or a loved one has been in an accident and you are trying to figure out how to maximize your insurance benefits, call Guest and Gray, P.C. and let us help you work through the massive amounts of red-tape in obtaining the coverage and benefits you need. We deal with both your insurance company, the at-fault party’s insurance, and we are trial attorneys ready to enforce your rights in a court of law.

INJURED IN A TEXAS AUTO OR TRUCK ACCIDENT? CALL THE TRUSTED LEGAL TEAM AT GUEST AND GRAY, P.C.

GuestandGrayLogoIf you have been injured in an accident in the Dallas, Kaufman or Rockwall county areas, or anywhere in the State of Texas, you need to call the trusted personal injury team at Guest and Gray, P.C. Our firm is the largest and highest rated firm in both Kaufman and Rockwall counties. Our personal injury attorneys are caring, trusted and local. We pride ourselves in hard work and results.

Don’t call just any law firm to guide you through the courts. When you hire an attorney from Guest and Gray, P.C., you not only get an attorney assigned to your case, but you get a knowledgeable and caring support staff. Dealing with injuries or the loss of a loved one is stressful enough. Don’t waste your time having to hassle with your legal team. Call the law firm that cares. Call Guest and Gray, P.C. at 972-564-4644

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