Kaufman

Published on: April 4, 2018

Liability for Abnormally Dangerous Domesticated Animals

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;

Published on: March 29, 2018

Kaufman and Rockwall County Catastrophic Injury Lawyers

by Guest and Gray Law Firm

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

Published on: March 28, 2018

Kaufman and Rockwall County Truck Accident Lawyers

by Guest and Gray Law Firm

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.

Published on: March 16, 2018

Kaufman County Personal Injury: Growth, Congestion and Traffic Accidents

by Guest and Gray Law Firm

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?).

Published on: March 12, 2018

Are You a Real Estate Professional? Then Know a Good Lawyer

by Guest and Gray Law Firm

Sell real estate? Own a title company? Are you an Investor? Well here are two realities to long term real estate work: taxes and lawsuits. So, get to know the two kinds of people who deal with those issues. At Guest and Gray, P.C. we can help you with the lawsuits. We can also help you with document preparation. Document preparation is fundamentally important to a real estate deal. Why? Because good documents will keep you from getting sued, and if you do get sued, good documents will only serve to help you in the lawsuit.

Because of this, I always tell my long term real estate clients that attorneys are a cost of doing business. We just are. Real estate is one of the most highly litigious areas, especially in the hot real estate market in the Dallas, Rockwall and Kaufman county areas (especially Forney, Terrell and Rockwall areas where much of the growth is the housing boom and/or economic boom).

Here are some of the main reasons to use a real estate attorney when you are doing any sort of large real estate deal, residential or commercial:

Published on: March 9, 2018

Guide to Non-Compete Agreements in Texas

by Guest and Gray Law Firm

Non-Compete Agreements are generally disfavored by the Courts. However, they have been granted protections in Texas under the Texas Non-Compete Act. Although fully recognized in Texas, they must generally be very limited in scope and reasonable under the circumstances.

If you are purchasing a company, one of the most important sections can be the non-compete. If you purchase a business from a seller who is well known in the community without including a non-compete, you may find yourself competing against that seller again in the future if they decide to re-enter the same industry again. The seller and their business has presumably built up goodwill and name recognition. That is probably part of what drew you to want to buy the business in the first place. Now, think of potentially having to compete with that person you just paid to purchase their company and they steal all their business back by coming back into the market shortly after the sale. That would be terrible and that has happened in the past.

The following list identifies common points for buyers and sellers that our firm emphasizes during both the negotiation of a non compete agreement as part of the sale of a business and litigation that may arise out of a non compete agreement after the sale. These are all based on the law in the State of Texas and how these specific points have been treated in the past. We call them “pitfalls”. Don’t fall into one.

Published on: February 12, 2018

Guest and Gray, P.C.: Civil Defense Attorneys

by Guest and Gray Law Firm

Guest and Gray, P.C. has helped countless individuals and businesses in the Forney, Kaufman and Rockwall area over the years. Our attorneys are trusted, local and proven. Our areas of civil practice involve personal injury, contract litigation, real estate, partnership and business disputes, and construction litigation. Our attorneys have the knowledge and practical experience to help guide you through the legal processes from start to finish, including asserting your rights at trial.

Real Estate Litigation

Kaufman and Rockwall counties are seeing unprecedented growth. New home start ups are at record highs. This means that lots of people are entering into real estate contracts. So, it is important to know the rights and duties each party to the transaction has, and what the ramifications for failing to abide by the contract are in a Texas real estate transaction.

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 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 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?