Personal Injury

Published on: February 16, 2018

I’ve Been Hurt in an Accident. What Now?

For most people who have been injured in an accident, knowing what to do after the dust settles can be very confusing and can cause some people to procrastinate. That is the absolute worst thing to do after a car or truck accident. In Texas, you only have two years to file suit. That may seem like a long time, but trust us. IT IS NOT. Also, procrastinating on doing certain things will only draw your claims against the insurance company out further. In our office, like most offices, we have a set operating system for each of our personal injury clients here in the Forney, Rockwall and Dallas areas, with each client’s case run by an attorney and our staff in a way that best moves the case forward once we receive it. Most firms want to keep that system “proprietary”, but I am willing to share a little of the way we do things in order to help out each injured person, regardless of whether you actually hire our office to help you. Why? because every injured person deserves a fighting chance against the insurance company, not just those who hire an attorney.

So, here is a quick list of the things yo u need to do after a car or truck accident. This list begins AFTER you have received any necessary medical treatments and have begun the recovery process, if possible. This list shows some of the basic steps we take in order to begin moving your claim forward if they have not already been done. So, by doing any or all of these steps prior to hiring our firm, you will speed up the process of settling your claims against the at-fault party.

MAKE A CLAIM WITH THE AT-FAULT PARTY’S INSURER

Published on: February 9, 2018

Guest and Gray, P.C: Catastrophic Injury Lawyers

by Guest and Gray Law Firm

Injuries that are severe, long-lasting, and debilitating are often categorized as “catastrophic injuries”. Catastrophic injuries result in prolonged recovery period, pain and suffering, lost wages, and mental anguish. Victims of accidents resulting in catastrophic injuries may never fully heal from their injuries, resulting in loss of work capability. Many times, accidents involving catastrophic injuries result in the death of the victim. This is serious stuff.

If you have suffered a catastrophic injury as the result of someone’s negligence, you are entitled to compensation for damages as a result of your injuries, or the loss of a loved one from the at-fault party or parties.

It is important to understand you may have several options. For instance in a serious automobile accident, your own policy may help to provide benefits. Texas requires insurers to offer personal injury protection on automobile policies, which covers the policyholder’s medical bills arising from an accident and underinsured coverage that helps protect you if the person who injures you in a car wreck does not have enough coverage. If you do not have these policies, I would advise you to purchase the additional coverage. Many times in our catastrophic injury cases, our clients with no underinsured/uninsured motorist coverage on their own policies are left with only a limited recovery due to the fact that Texas only requires a minimum liability policy of $30,000 individual/$60,000 per accident for drivers. Catastrophic injuries can lead to medical bills in the hundreds of thousands of dollars. So, it is important to have that excess coverage on your own policy just in case. Protect yourself before something bad happens.

Published on: January 29, 2018

Wrong Way Driver Kills One on West Loop 820, Faces Intoxication Manslaughter Charges

by Guest and Gray Law Firm

A wrong-way driver collided with a vehicle Sunday morning, killing a man on West Loop 820, police said.

The name of the 35-year-old victim had not been released pending notification of relatives.

The suspect was arrested and faces intoxication manslaughter charges, police said.

Published on: January 25, 2018

Guest and Gray: A Different Kind of Personal Injury Law Firm

by Guest and Gray Law Firm

At Guest and Gray, we pride ourselves on being a little different. We like it that way. If you walk into our office, you will see it almost immediately. We strive to create a relaxed atmosphere for our clients.

Our staff is friendly and will be glad to help you with any questions you have about the consultation and your case. We understand that it is a little weird having to meet with an attorney about anything, let alone potentially suing somebody. We are used to that. So, if you you need anything or have any questions, let us know and our staff will try to accommodate you. If you are not able to leave the house and need an attorney to meet with you over the phone or at your home. Let us know, we’ll meet you at your convenience.

The attorney you meet with will probably be wearing boots and jeans, not a suit. We are not your father’s law firm but we are just as good. The attorney will be happy to see you and take an actual interest in your health and well-being and not just how much your case is worth. We understand that an accident, even more minor accidents can have a huge impact on your life and create stress. We know that and we care about you as a person.

Published on: January 16, 2018

Medical Malpractice Lawsuits: Retained Foreign Objects

by Robert Guest

So, you had surgery a few days, or weeks ago and it didn’t take long but you started to feel very weak and ill. You noticed that an incision was not healing correctly. Then the fever started.

These are some of the more common symptoms that we hear about from our Rockwall, Dallas and Kaufman county clients who have had what is called a “retained foreign object” after surgery. Retained foreign objects can lead to infection and sepsis. If the infection does go septic, it can be deadly in a very short period of time.

WHAT IS A “RETAINED FOREIGN OBJECT”?

Published on: January 11, 2018

Wrongful Death and Survivorship Claims in Texas

by Guest and Gray Law Firm

As Rockwall and Kaufman counties continue to see record growth and our roads become increasing clogged with traffic, we are seeing more and more accidents that involve catastrophic injuries resulting in the death of a loved one. When these types of accidents occur, the family is often left wondering what to do now. Most people have heard the term “wrongful death” and maybe some have some familiarity with what a “survivor” action is, but they are often confused about the difference between the two types of claims. We understand that the differences can be a little convoluted and that is why we aim to better inform you of the different types of claims if you or a loved one is killed in an accident.

It is really important to understand that wrongful death and survival actions are two separate causes of action when a loved one has been killed in a Texas auto or truck accident. The family may have the ability to file both types of actions in Texas, but they have a similar effect, which is where the confusion typically lies. The purpose of this article is to provide you with a better understanding of the types of claims that may be made and how the claims may be brought and administered by the family and their representatives. Here are the basics:

What is a Wrongful Death Claim?

Published on: December 29, 2017

The Texas Dram Shop Act: Civil Liability of Serving Alcoholic Beverages to Drunk Patrons

by Guest and Gray Law Firm

43 states, including Texas, have laws that impose a duty on bars and restaurants not to serve intoxicated patrons alcohol, and if they do, then the statute provides a means for injured individuals to sue the liquor licensee for their own negligence. The law is very good for a lot of reasons.

For those of you who may not be familiar with the reasons why dram shop laws are so prevalent, you may be wondering, “why should the bar be liable for the actions of their patrons? That is not fair?” Well, let me ask you this: is it fair that the injured party will likely not have enough money from the drunk driver’s insurance policy to cover their medical expenses, but the bar that took the drunk driver’s money and continued to serve him or her to the point of and passed the point of intoxication gets off Scot-free? Who was in a better position to protect themselves from such liability? Why should an injured victim be unable to hold a bar accountable for over-serving a drunk patron who’s inhibitions are lowered to a point where they can no longer make good decisions and competently drive home?

Serving Alcohol is a Privilege; Not a Right

Published on: December 22, 2017

UPS and FedEx Have Seen Drastic Increases In Traffic Accidents, Deaths, According to Government Statistics

by Guest and Gray Law Firm

The holiday package delivery time is in full swing for carriers like UPS and Fed EX. UPS expects this to be one of the busiest years ever for them, with an expected 750 million packages shipped over the Christmas holiday. That is a lot of boxes, people! All over the news we are hearing of the horrors of driving for these companies, with stories like this one where an Amazon delivery man actually pooped in someone’s driveway and drove off. Many other stories have come out about the carriers practices causing drivers to work long hours with no breaks and practically having to speed every where they go to make deliveries on time. As a result, we have seen a huge increase in the number of accidents involving drivers of UPS, Fed Ex, Amazon and the like over the last few years.

According to the Federal Motor Carrier Safety Administration website, in the 24-month period prior to December 3, 2017, UPS drivers were reported to have been involved in 2,003 crashes, 689 involving injuries, including 49 deaths. Since 2012, the number of crashes has increased by 38%; the number of injures has increased by 27%; and the number of fatalities has increased by 25.6%. Those may seem like crazy high statistics, but wait until we get to FedEx. Their numbers are astronomical.

Also according the Federal Motor Carrier Safety Admnistration, in the 24-month period prior to December 3, 2017, FedEx Express drivers were reported to have been involved in 1762 crashes, 575 involving injuries, including 41 deaths. Since 2012, the number of crashes has increased by 254.5%; the number of injuries has increased by 192%; and the number of fatalities has increased by 273%. 273%! That is awful.

Published on: December 20, 2017

Kris Kringle: Sweet Jolly Old Man or Menace to Society?

by Guest and Gray Law Firm

Many call him the jolly old fat man. Others call him Santa Claus. I call him a menace to society. That’s right. Kristopher Kringle will be out and about with his crazy reindeer again this year wreaking havoc wherever he goes. He is known to travel around in a red sleigh with 8 reindeer attached. If it is extra foggy, he will also have Rudolph attempt to light his way, but that hardly overcomes the fact that his 700-year old sleigh is ill equipped for modern travel. The sleigh has no headlights, no blinkers and his registration sticker says it expired on 5/1793. His sleigh is always overloaded with presents, making it difficult for him to see traffic and road conditions. His long trip from the North Pole leaves him fatigued and behind schedule as he makes his way into North Texas, which makes his willy-nilly flying style all the more dangerous as he increases speed to make up for lost time. Many travelers in the Kaufman County area have even reported seeing the culprit texting while sleighing and drinking butter beer from an over-sized red Yeti. I mean, flying a sleigh is probably precarious enough so lets not add to it, Santa!

A law suit filed recently in the Federal District Court for the Northern District of Texas cite that Santa was flying low through traffic yelling “ho ho ho! Out of the way!” while weaving in and out of main streets and housing subdivisions at a high rate of speed bouncing off the hoods of cars as he flew by, causing numerous accidents. Lead counsel in that case, Scott Gray, is attempting to get class-action status for the 293 plaintiffs involved in that incident says that “we will fight for the people of North Texas against this menace, and we will win.”

A representative of the Forney Police Department, who shall remain anonymous, has said that Santa’s destruction cost local Forney residents nearly $83 dollars in property damages, stolen cookies, milk and other valuables. He says that the only reason that they have not issued a warrant for Mr. Kringle’s arrest is a fear of what Mr. Kringle and his gang of elves might do if he files his report. He fears that “it won’t just be coal in his stockings” should his report be made public.

Published on: December 18, 2017

The Insurance Company Has A Team Of Attorneys. Do You?

by Guest and Gray Law Firm

It is a virtual guarantee. If you are injured in an accident, not only are you going to be dealing with an adjuster who works for a potentially billion dollar insurance company like Progressive or State Farm, but you will also have to deal with the fact that the insurance company also has teams of lawyers working for them as well. If there is even a possibility they can deny your claims, they will. They also will take a calculated risk making you low-ball offers thinking you will take it just to get some bills paid.

Do not allow yourself to become a victim of the insurance company. They will smooth talk you and act like they are working in your best interest. They may even tell you that “this is how it is always is” or that your claims are “worth less than this” but more likely than not, they are trying to get one over on you. Remember, they work these claims for a living. This is their job. The goal of the adjuster and the insurance company attorneys is to limit liability for their own clients and the insurance company. It is not to make sure that you are taken care of. In fact, they do not even owe a duty to you at all. Their duty is only to their own insured (the at-fault driver).

That is why it is so important for you to speak with and hire an attorney when you or a loved one has been injured in an accident. The odds can be stacked against you. You need someone who fights the insurance company on a daily basis. When an attorney comes into the fold for you, the insurance company will take notice. At Guest and Gray, we fight on a daily basis to get our injured clients the compensation that they deserve and the insurance company will know that. We have been helping clients in the Dallas, Rockwall and Kaufman county areas for years. You are already dealing with the pain of recovering from an accident, so do not let yourself be taken advantage of by the insurance company and their smooth talking lawyers. Hire dedicated personal injury lawyers who fight for their clients everyday.