Personal Injury Texas Tag Archives

Published on: December 26, 2017

Client Focused Personal Injury Attorneys

At 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.

Published on: December 5, 2017

Dog Bite Cases in Rockwall and Kaufman County

by Guest and Gray Law Firm

Dog attacks are a frequent occurrence here in the Dallas, Rockwall and Kaufman county areas. Much of our county contains rural homesites where people are more likely to let their dogs run free. Our area can also be densely populated with neighborhoods where dogs are kept in backyards but quite often those dogs find themselves running loose out of the backyard and are not used to coming in contact with new people. However, the most common scenario surrounding a dog bite is where a friend or family member comes over for a visit and is attacked by the homeowner’s dog.

According to handctr.com, there are as many as one million animal bites that happen each year across the United States. It can happen in an instant. You or a loved one is over at a friend’s house or jogging on the street and out of no where the dog attacks. It happens too often. The worst part about dog bite cases is not always the initial injuries sustained but it is the time period of recovery. Dog bites are a mixture of puncture wounds that dig through flesh and deep cuts and scratches caused by the teeth and claws of the animal. As a result, the injuries can take a long time to heal, leave lasting scars and disfigurement as well as nerve damage and nerve pain. Dog bites also impress upon the victim a distinct level of pain and suffering and mental anguish as a result of becoming fearful of dogs and other animals as a result of the attack. Someone who used to be a dog lover may be left being fearful for their life every time they come in contact with a new dog.

Establishing Premises Owner Negligence

Published on: May 21, 2017

The Insurance Company is Not Your Friend

by Guest and Gray Law Firm

The insurance company is not your friend. I feel like I say this to every potential client, and I get the same response “they’ve been really friendly so far.”

Then we get into the claims process and get down to brass tacks and the client quickly realizes that, had they gone into this without an attorney, what would have been considered “fair” by the insurance adjuster’s definition would have been much different and less zeros on it.

Case in point, I was speaking to a friend recently I had not seen in nearly a decade and it came up that he had been involved in an 18-wheeler accident a few years back. He told me how he had tried to go it alone for a while against the insurance company, in part because they seemed to be on his side and they accepted liability right away. He was hurt pretty bad in the accident and required shoulder surgery and weeks of rehabilitation. However, in his initial meeting with the insurance company’s adjuster, they offered him $1,500. He said he couldn’t believe it and as he said it, he seemed to think that I should be surprised too, but I wasn’t.

Published on: April 20, 2017

Fatal 18-Wheeler Wrecks: The Three Most Important Things Your Attorney Needs to Do Now

by Guest and Gray Law Firm

Time is of the essence if you or a loved one has been involved in an 18-wheeler wreck. The trucking company and the insurance company is going to take steps to eliminate evidence of wrongdoing on their part. You need to hire an attorney and get them working on protecting the evidence related to the accident because it has a very funny way of disappearing.

For instance, there was a fatal 18-wheeler accident involving Forney resident, Latonya Child, in Fate, Texas near Rockwall off of Interstate 30 just the other day. Absolutely horrific tragedy. The driver of the truck obviously did not stop. Although this information is generally applicable to all accidents, but if I were advising this family as a lawyer, or even as a friend, I would say: hire an attorney and do it now. I have handled too many 18-wheeler wreck cases involving incapacitating injuries and deaths to say any different. That family, and any other family involved in such a tragic accident needs someone to tell them that the insurance company is not their friend and does not have their best interests at heart, no matter what the insurance company says. They need someone to protect their rights and make sure that the person who decided to be negligent on that day and take away their loved one pays for what they did. Period.

It is vitally important to the injured party’s case that an attorney take certain actions to protect evidence in the days and weeks following an 18-wheeler wreck. The three main things an attorney needs to for anyone in such a situation send spoliation letters (evidence protection letter), get an accident reconstruction specialist out to the scene of the accident, and get ahold of all the witnesses and take their statements.

Published on: March 17, 2017

Negligence: Just What Does This Word Mean?

by Guest and Gray Law Firm

So often we hear legal terms such as “negligence” and “wrongful death” used by attorney’s and non-attorney’s alike. It is almost common place for people to use the word when describing an accident or a person’s behavior. If you listen to some of the local radio stations here in Dallas-Fort Worth you will probably hear a few commercials for attorneys asking the question “have you been injured because of someone else’s negligence?” The word is thrown around almost nonchalant. But, under the law, negligence has a very deep and complex meaning. Using the word as a broad stroke “that was negligent” does not afford the word its due, and under the law, may not actually be so, as you will see below.

For attorney’s and legal professionals, these terms have significant meaning beyond the common understanding of the words. In law, these are called “legal terms of art”. For the practitioner of law, terms of art such as negligence, wrongful death, and the thousands of other legal terms of art have a meaning beyond just a Webster’s Dictionary definition. So, in this article we ask “just what does the word ‘negligence’ mean?”

Terms of art can have different meanings in different jurisdictions. For the most part, the term “negligence” has the same legal definition in all 50 states. However, what may be different is how it is applied in certain situations. For instance in Texas, up until 2015, evidence of a plaintiff’s own negligence by failing to wear a seat belt was not admissible to show that the plaintiff was partly or wholly the cause of their own injuries. However, that all changed with the Supreme Court of Texas’ decision on Nabors Well Services, Ltd v. Romero. Now, it is admissible, so you have yet another reason, other than the obvious, to wear your seat belt. The Supreme Court now says that if you fail to wear a seat belt it can be used against you to limit your recovery in a personal injury lawsuit. Many other states allow such evidence to be used to establish a plaintiff’s own negligence, but there are others states who still do not allow this type of evidence to prove plaintiff’s negligence.

Published on: January 29, 2017

Why Do I Need A Personal Injury Attorney?

by Guest and Gray Law Firm

The answer is simple, but to understand importance of the work they do, and the value they bring to their clients, you must understand a little more about the process of handling personal injury claims. It is no cake walk, even for experienced personal injury attorneys.

Notifying Insurance Companies and Establishing Communications Between the Parties

A personal injury attorney will notify the insurance providers of the claim for injuries and that the injured party is represented by counsel. This is true whether it is a motor vehicle accident, boating accident, commercial vehicle accident, or even slip-and-fall. These providers must be provided “notice” of the claims being made by the injured parties that were caused by their insured. In addition to notifying the at-fault parties insurer, the injured party will need to notify their own insurer of the possibility of any claims under their own UM/UIM in the event that the other party has no insurance or carries insufficient coverage to pay for the damages that have been suffered.

Published on: December 29, 2016

Negligence and Negligence Per Se: Parking 18-Wheelers and Tractor-Trailers on the Roadway

by Guest and Gray Law Firm

Every now and then you may come across a semi-truck or car-hauler parked on the side of the road, or even partially in the road and think to yourself, “that is so dangerous,” or “they should not be allowed to do that.” Well, technically they aren’t supposed to do that. Section 545.301 of the Texas Transportation Code provides that an operator may not stop, park, or leave standing an attended or unattended vehicle on the main traveled part of a highway outside a business or residence district unless:

(1) stopping, parking, or leaving the vehicle off the main traveled part of the highway is not practicable;

(2) a width of highway beside the vehicle is unobstructed and open for the passage of other vehicles; and

Published on: December 7, 2016

Yet Another Head On Collision on Kaufman County Roads

by Guest and Gray Law Firm

Anyone driving in and around Kaufman county can tell there is more traffic than their used to be. Forney is growing. Terrell is growing. Talty, Kaufman, Heartland/Crandall, and even little old Combine has seen some growth. For most people in Kaufman county, the growth is a welcome sight.

But the old Farm to Market roads that many of us travel on a daily basis have become a danger zone. Back when these two lane “highways” were built, there were no cellphones, no Facebook. The only reason you got distracted on the road was because you saw a deer or you were changing the radio station. With all the increased traffic and increased distraction, these two lane roads have begun to show their age.

It seems like every day or two Mathew Richards is writing about another head on collision or rollover crash that has happened on those roads. Last night it was another head-on collision near Lake Ray Hubbard drive, which is pretty close to where 740 and 460 meet. Now, I am not calling for an all out upgrade of the roadway system in Kaufman county. For one, I don’t want to pay for it. But as a personal injury attorney, I see people who have had their lives changed forever because of accidents. I meet people who have lost loved ones as a result of these types of accidents. Safe driving is important to me, not just because I don’t want to see anybody get hurt, but because we need to keep our roadways safe for those who may be traveling in those other cars. It may not just be Joe Schmoe in the other car you hit. It may be Joe, Jr., and that is exactly what drives our firm to take each case of unsafe driving so seriously. We want to make an example out of those drivers who do not take the safety of the other drivers on the road seriously. Distracted drivers, unsafe drivers, and anyone in between are driving selfishly. It is important that people understand that it is not “okay” to text and drive. It is not “okay” to watch Youtube videos while driving on Highway 80. Its just not. Your phone, and the entertainment it brings, is not more important than the safety of everyone else on the road. And when one of my clients comes in here and tells us about how they got hurt by some selfish driver who was on their cellphone, then get ready because we are about to make an example out of them.

Published on: February 2, 2016

A Quick Overview of Personal Injury Cases in Texas

by Guest and Gray Law Firm

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