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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”?

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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?

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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
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guestandgray-300x300At Guest and Gray, we understand that customer service and client satisfaction is key to our success. Keeping clients happy is business 101. However, it is easier to do that when you are genuinely happy to provide the service. It is easier when you have a top notch team in place that has been working together for years. It is easier when you care about the service you are providing. When people come to my office, they are hurting. They are worried about their medical bills as well as their light bills and putting food on the table for their family. Here at Guest and Gray, we do not lose sight of that fact. We focus our personal injury practice locally in the Rockwall, Kaufman and Dallas county areas. Why? because we care about this community and the people in it. We care because we live here. You are our neighbors. What a cool job to get to fight for your neighbors when someone has negligently harmed them!

It is a job with a lot of responsibility. Many local Rockwall, Terrell, Forney and other local residents come see me every week and tell me the story of how they have been injured and how that has affected them and their families. Accidents don’t just hurt the person, it hurts their families too. It effects everything they do. Spouses and parents have to spend additional time caring for an injured family member. Watch them receive treatments in the hospital. The worst is when a loved one has been lost due to an accident. That is truly a life-changing event for that family.

It is our goal to show this community the other side of personal injury attorneys. Not the side you see on TV that brags about cherry-picked cases where the clients have received large sums of money. Yeah, we have those but you are not just a dollar sign to us, and we hope we are not that for you either. The law only provides so much remedy to an injured party and the end result of each case is a cash-payout, but our goal is to make sure that you are brought back to where you were or as close to that as possible. We look at every avenue of recovery. Every angle.

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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.

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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.

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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.

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Personal Injury Attorneys are a dime a dozen these days. We know it. You know it. So, lets not beat around the bush about it. I dare you to try and drive anywhere in the Kaufman, Rockwall and especially Dallas areas and try to count the injury attorney billboards. I bet you lose count after a while. They all start to blend together.

Let me start off by saying, we don’t even have a billboard. All we have is this website and the people we have helped in the past who tell their family and friends about us after they are injured in an accident, or as business marketing professors would call “WOM” or word-of-mouth advertising. Although we hate to hear that people have been injured in an accident, when our previous clients recommend us to other people who have been hurt, that lets us know that we are doing something right and getting results for our clients.

That is the part of this job that we love. Getting results for a client is always very rewarding on a personal level. We understand that being in an accident takes an emotional as well as physical toll on the injured party. For that reason, you will never just be a number to us at Guest and Gray. Whether it be a vast number in a deep client list or a numeric value on your case. We don’t do that here. To us, you are you. You are the injured victim who’s only fault in the case is that you were innocently driving your car when somebody decided to be negligent and slam his or her vehicle into yours at a high-rate of speed. That is our motivation, and that is why we work so hard to get you results you deserve. It is personal to us because it is personal to you.

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Via (CBSDFW.COM) – A child was taken to the hospital Friday morning after a crash involving a school bus and two other vehicles. The incident happened at around 7:30 a.m. near the intersection of Elston Drive and Greenspan Avenue in the Oak Cliff area of Dallas.

According to witnesses at the scene, a gray sedan slammed into a blue SUV. The force of that impact caused the larger vehicle to spin around and run into the school bus. Witnesses also stated that, after the wreck, the female driver of the gray sedan said that she had fallen asleep behind the wheel.

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

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Via the Fort Worth Star Telegram- A motorist who drove in front of another vehicle on a city street faces charges in the weekend traffic death of his passenger, police said Tuesday.

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