Articles Tagged with Forney

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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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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.

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Damages: What Kind of Compensation is Available?

Most personal injury cases seek financial damages to compensate for an injury. This will compensate for medical costs, lost wages, future lost pay, and pain and suffering both physically and mentally, disfigurement and disability as a result of the negligence of another, as well as for loss of consortium.

Statutes of Limitations

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According to inForney.com, this past Friday afternoon, a Borden delivery driver was acting erratically at a local gas station, which caused them to investigate. The driver fled from the gas station in the large Borden delivery truck. This led to him driving across the grass of several businesses located across the street from the local First Baptist Church. Interestingly enough, just a few years ago, an erratic driver drove through the gym, the gym’s kitchen, and several classrooms of church gym.

According to David HagEstad, a member of First Baptist Church, and a member of our friendly staff here at Guest & Gray, told us here at the office that he was doing some cleaning at the church at the time that the arrest was made. He said he heard the sirens and saw the Borden truck parked in the grass across the way and several police vehicles behind the Cotton Gin just up the road.

He said that he is just glad that everyone is safe, and the driver was caught before he really hurt somebody. He also said that he is “very glad” it wasn’t the church this time.

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