Accident on 80

Published on: November 2, 2017

Guest and Gray, P.C.: Rockwall and Kaufman County Accident Attorneys

Guest and Gray, P.C. is proud to be considered the largest and highest rated law firm in Rockwall and Kaufman counties. Our personal injury attorneys, Scott Gray and David HagEstad fight for their clients on a daily basis. We are proud to fight for you.

Our Rockwall and Kaufman County personal injury lawyers are experienced in litigating both automobile and motorcycle cases. It is important to note that although the laws that apply to both types of motor vehicle, there are key differences in how to present each case. The key difference is that motorcycle accidents often result in more serious injuries and even death. This means that more often than with a standard automobile, we are pursuing wrongful death claims or claims that involve debilitating injury to the injured party in motorcycle accident cases.

The claims processes are the same, once you have received any and all necessary medical treatment, make sure that you file a claim with your insurance, as well as the at-fault party’s insurance company. If you have any secondary or supplemental coverage, be sure to file a claim with them as well. This will result in the insurance companies making a determination of who is “at-fault” in the accident and at that time it is simply up to the injured party to present their case to the insurance company about how much the insurance company needs to pay.

Published on: October 30, 2017

4 Things to Know About Truck Accident Cases in Texas

by Guest and Gray Law Firm

Truck accidents have become what seems like an every day occurrence here in the Eastern Dallas-Fort Worth area. Rockwall and areas to the east along interstate 30, such as Royse City, are growing at a rapid pace. Along the highway 80 and I-20 corridors respectively in Kaufman county is developing from Forney to Terrell with new businesses springing up in the area on a weekly basis. On top of that, Rockwall, Forney and Terrell are also seeing a housing boom. Especially Forney. That brings construction traffic with cement trucks, work trucks, delivery trucks and everything else.

Growth is one thing, but the fact that the Texas’ economy and the National economy are both doing well means that shipping of products to market is also increasing to meet the demands of consumers. That compounds the issues here in Rockwall and Kaufman counties. Not only are we seeing massive growth, but our two counties fall within major trucking corridors. We have interstate-30 heading northeast through to Arkansas, highway 80 heading east Texas and Louisiana, and highway 20 which stretches straight through to Florida and is the single largest trucking corridor in Kaufman county. Kaufman county also has highway 175 to the southeast towards east Texas and Cedar Creek Lake and beyond. All told, hundreds of thousands of vehicles pass through Kaufman county highways each day and much of that traffic is big rigs carrying all sorts of products and equipment to their destinations here in Rockwall and Kaufman counties and all throughout the country.

That being said, here is a quick primer on the 4 things you need to know about trucking accidents:

Published on: October 27, 2017

8 Things to Know After You Get Served In a Lawsuit

by Guest and Gray Law Firm

Have you recently been served with lawsuit in Dallas, Rockwall or Kaufman Counties? Well, stop freaking out for a few minutes and read this article. There are several things you need to understand about the papers you just received and what that means for you, your business and your money.

1. You Are Now On The Clock

If you have been served, the time period for you to file your answer or other plea has begun. It is important for you to understand the time period provided on the citation paperwork you have received. If you have been sued in county or district court, the time period provided is funky and should say something like this: you have until 10:00 AM the Monday next following the expiration of 20 days following the date of service.

Published on: October 9, 2017

Slip and Fall Cases: Duty of Care

by Guest and Gray Law Firm

Stores like Wal-Mart, Kroger and Target owe their customers a duty of care to maintain the floors in a reasonably safe condition for their customers to walk on. For example, lets say that you were injured in a Wal-Mart in Rockwall, Texas and sustained injuries. Now, just because you were shopping in a store and you fell does not mean that you can sue Wal-Mart for your injuries. Generally, a Plaintiff has to prove that Wal-Mart had either actual or constructive knowledge of the dangerous condition that posed an “unreasonable risk of harm” and that Wal-Mart failed to take steps necessary to protect their customers from the dangerous condition.

The law in these circumstances talks about “duties” and we must determine what was Wal-Mart’s duty under the circumstances which led to the slip and fall. The duty that Wal-Mart would have here is a duty to protect their customers from an unreasonable risk of harm. How can they violate this duty? This duty can be violated in three different ways:

Defendant placed a foreign substance on the floor that is walked on.

Published on: September 29, 2017

Guest and Gray: Kaufman and Rockwall County Slip and Fall Attorneys

by Guest and Gray Law Firm

It happens all the time. The typical scenario is where a person enters a store and due to some sort of defect in the premises or a condition on the property, a person slips or trips and falls and becomes injured. In this sort of case, who is at fault? Well, it is not quite as easy as it sounds.

If the store allowed a dangerous condition or defect in the premises to exist, they had actual knowledge of the defect on the premises or a dangerous condition, and failed to correct it, or they had reason to know that a defect or dangerous condition existed and failed to take corrective action, then you will have a viable claim for damages after a slip and fall accident.

So What is a Dangerous Condition or Defect?

Published on: September 13, 2017

Guest and Gray: Wrongful Death Attorneys

by Guest and Gray Law Firm

Guest and Gray, P.C. is the largest full service law firm in Kaufman and Rockwall counties. One of the main areas of our practice is personal injury and wrongful death. Our very own Scott Gray is a Texas SuperLawyer in personal injury and is the highest rated personal injury lawyer in Kaufman and Rockwall counties with a perfect 10.0 rating on AVVO.

Wrongful death cases are some of the most procedurally complex and emotionally difficult cases to handle. Our wrongful death attorneys know that this is a very personal and difficult time for a family who has lost a loved one in an accident. We handle each wrongful death case with a personal touch and a dedicated attorney and staff is assigned to each case. At Guest and Gray, our clients are not just another number or file and our clients know that we are truly here for them. Why? Because the case represents the loss of human life and it is our goal to provide justice in the only way that the civil law provides: monetary relief. That fact, can seem very impersonal by simply trying to obtain money for the life of a lost loved one. However, often times the person who has died is a family provider, a young person who had a long life ahead of them, or a caretaking mother and because of that, the family that remains often will suffer a financial hardship as a result of their loss. Medical bills and loss of income are some of the main causes of financial hardships and it should not be left to the family to bear the brunt of those burdens. The responsible party should be made to pay for those losses and it is the goal of Guest and Gray, P.C. to help put the family back in a place where they can continue to focus on their own recovery during this difficult time.

If you have lost a loved one in an accident that was not their fault, you need the help of an attorney to help secure the financial relief that you need during this very difficult time. It is often quite difficult for a family member to make insurance claims with each responsible party and then try and negotiate a settlement because, lets be honest, how do you assign a value to a loved one’s life? At Guest and Gray, we know that it is impossible. Life is priceless. However, insurance companies may try to take advantage of the fact that you are not able to push hard for your recovery and try to pay you the least amount possible. You may not be a number to Guest and Gray, but to the insurance company, this is just another claim to add onto a pile of other claims and their goal is to pay the least amount possible. Do not let them get one over on you. That is insult to injury. Literally.

Published on: September 11, 2017

Guest and Gray: Partnership Disputes

by Guest and Gray Law Firm

Dallas, Forney and Rockwall are hubs for small to mid-size businesses that operate as partnerships. These areas are growing at incredible rates and businesses are flocking here because of the need for services. Because of this, Guest and Gray, P.C. is seeing a huge uptick in the amount of partnership disputes that have arisen as a result of the intense residential and commercial growth when the partnership has not worked out exactly as intended. Maybe you find yourself in this situation.

The truth is that you never thought this could happen and certainly never wanted it to, either. Does this scenario sound familiar: you and a long time friend or business associate opened a business together some years ago, and although things went well for the first few years, the relationship has soured and now it seems like an impossible situation every day you go to work. The environment has become hostile and the business is now suffering because of it. Does this sound like you? This is what is called a partnership dispute. The dispute can arise from management styles, business debt, or poor performance of one of the partners or business itself. It can also arise from one party acting on his own and taking partnership business or profits for himself. It can be the result of darn near anything.

Partnership disputes have almost the same feeling as a divorce. Although more than two people can enter into a partnership, the usual scenario is that two people started a business together and now there is some infighting or “infidelity” and the partnership is now suffering as a result. Now one or both of the partners want out. It essentially amounts to a business divorce.

Published on: September 7, 2017

Guest and Gray: Business Law Attorneys

by Guest and Gray Law Firm

Forney, Rockwall and Terrell are experiencing residential and commercial record growth. Over the summer, the Terrell chamber of commerce celebrated the fact that there were over 500 members of the Terrell Chamber of Commerce. Rockwall is the largest city in the area with over 100,000 in population and boasts thousands of businesses, both large and small. Business is booming.

Many small businesses are experiencing huge upticks in sales and are struggling to deal with their growth. They have never had to think of themselves as big players before. Maybe you are one of those local businessmen and woman. It can be hard to balance both the administrative and operational roles in your business. Maybe you have operated as a sole proprietorship for many years, but as your business has grown, you’re growing more concerned with potential liabilities associated with your business and need to know more about what your options are: should I incorporate? What are the benefits of becoming an LLC? How can I protect my assets against an adverse judgment?

Those are questions that your local attorneys at Guest and Gray can answer. We can help you plan out a business structure that works best for you and your business and provides you the best protections that the law will provide.

Published on: September 1, 2017

What About My Pain and Suffering?

by Guest and Gray Law Firm

Here at Guest and Gray, that is a common question when talking to new and potential clients. Pain and suffering is a real thing. It can be the pain from recovering from a broken arm, but also the suffering you feel as your body tries to heal. So, if you have been injured in a motor vehicle or motorcycle accident, and it was not your fault, you are likely going to be able to recover for not only your injuries sustained in the accident but also for the pain and suffering associated with those injuries. David HagEstad and Scott Gray, our Dallas, Forney and Rockwall county personal injury attorneys are well versed in the area of pain and suffering and have successfully obtained favorable settlements for our clients over the years and have put together this short guide to help you understand the process of recovering monetarily for your pain and suffering.

How Much is My Pain and Suffering Worth?

The funny thing about Texas law is that there is no set method for calculating pain and suffering in any given case. It is determined on a case by case basis. Some firms may try to get you to click their website because of a calculator they supposedly have to determine how much you should get for you injuries. Those are likely not going to be accurate because no attorney can ever guarantee how much you should get in any given case. This is especially true early on when the full extent of your injuries, and the overall time period of your recovery, are still unknown. However, as experienced personal injury attorneys, we can tell you that the two main indicators of pain and suffering that you should be aware of are the extent of your injuries and the amount of your medical bills. These key indicators will help guide us in determining a fair dollar figure for your pain and suffering, i.e. calculating your pain and suffering.

Published on: August 26, 2017

Texas Non-Compete Agreement Lawyers

by Robert Guest

Texas law generally disfavors contracts and arrangements that restrict competition and trade. The Texas Free Enterprise and Antitrust Act of 1983 provides says that “Every contract, combination, or conspiracy in restraint of trade or commerce is unlawful.” (Tex. Bus. & Com. Code 15.05(a).)

However, in typical fashion, the Texas Legislature has made certain exceptions to this general rule. Namely, they have made an exception by allowing non-compete agreements to be enforceable in certain limited circumstances: “notwithstanding 15.05 of this code … a covenant not to compete is enforceable if it is ancillary to or part of an otherwise enforceable agreement at the time the agreement is made to the extent that it contains limitations as to time, geographical area, and scope of activity to be restrained that are reasonable and do not impose a greater restraint than is necessary to protect the goodwill or other business interest of the promisee.” (Tex. Bus. & Com. Code 15.50(a)).

Non-Compete Agreements as Restraints on Trade