personal injury

Published on: March 12, 2018

Higher Liability Coverage or Uninsured/Underinsured: Which Should I Buy?

Which should I buy: higher liability coverage or Uninsured/Uninsured Coverage? During conversations with clients, this is a question that comes up quite often. This especially when the client has significant medical damages that exceed the minimum policy requirements in Texas and we are trying to figure out how to get all of the bills paid.

What is the Minimum Liability Coverage I am Required to Have In Texas?

Under Texas Transportation Code § 601.072(a-1)(1-3), the owner of a vehicle is required to carry at least:

Published on: February 26, 2018

Basics of Personal Injury Protection and Med Pay

by Guest and Gray Law Firm

Med Pay or PIP? Or Both? Which one is better in the event of an accident? My insurance agent is pushing me towards Med Pay, but PIP sounds better. Sound familiar? Well, here is some basic information about the difference between the two types of insurance coverage that you want to know about. If you are looking for a quick overview, see the chart below. For detailed information, read on past it.

PIP	Med-Pay
Required under Texas law	Yes	No
Must be rejected in writing	Yes	No
Minimum Coverage	$2,500 per person	No
Covers Medical Bills	Yes	Yes
Covers Lost Wages	Yes (80%)	No
Right of Subrogation	No	Yes
Provides No-Fault Coverage	Yes	Yes

Personal Injury Protection (“PIP”) is coverage you purchase with your auto insurance policy that covers medical expenses and lost wages as a result of injuries sustained in a car accident. It is no fault coverage. So, you don’t have to wait for the insurance company to make a final determination of liability.

PIP is required under Texas law. The Texas Insurance Code provides that all policies of automobile insurance issued in Texas must provide for PIP coverage for a minimum of $2,500 per person, unless rejected in writing by the insured. If you choose not to carry PIP coverage, then the insurance company is required to obtain your signed rejection of the PIP coverage. Therefore, unless you rejected PIP, then you would be entitled to the minimum coverage even if you were never charged a premium for it.

But pay attention, many insurers like to give you the policy with the PIP coverage section marked as rejected. They then tell you that you don’t want it anyway and it costs more, blah blah blah. Move one.

Don’t let them do that to you. Make your own choice.

Minimum Coverage. Minimum of $2,500 per person required by Texas law. You may carry more coverage if you like.

What if I’m at fault in the accident? Does not matter. PIP is “no-fault” coverage which means you are entitled to PIP benefits regardless.

What does PIP cover? Reasonable and necessary medical bills and 80% of your lost wages.

Does PIP Have a Right of Reimbursement? No. PIP has no subrogation or reimbursement rights to your settlement dollars.

Medical Payments Coverage (Med-Pay) is another type of “no-fault” coverage option. Very similar to, but it operates a little differently than, PIP. Med-Pay coverage may be issued in any amount: $500, $1,000, $2,000, etc. It is pretty flexible in that respect.

What Does Med-Pay Cover? Med-Pay covers medical bills only.

Does Med-Pay Coverage Come With a Right of Reimbursement? Yes, if you use your own policy’s Med-Pay, your insurance company will have a right of reimbursement for the amount of Med-Pay coverage that they distributed to you. The process by which your insurance company will enforce this right is known as “subrogation”. Subrogation refers to the right of an insurance company to be reimbursed after you settle your case.

So, this means that your insurance company could come back and take money out of your pocket when you settle if you have Med-Pay, however, if you have PIP, they can’t. Important difference. Med-Pay can be incredibly helpful, however, there are some pitfalls. PIP is good all around. Get PIP.

If you or a loved one has been in an accident and you are trying to figure out how to maximize your insurance benefits, call Guest and Gray, P.C. and let us help you work through the massive amounts of red-tape in obtaining the coverage and benefits you need. We deal with both your insurance company, the at-fault party’s insurance, and we are trial attorneys ready to enforce your rights in a court of law.

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

If you have been injured in an accident in the Dallas, Kaufman or Rockwall county areas, or anywhere in the State of Texas, you need to call the trusted personal injury team at Guest and Gray, P.C. Our firm is the largest and highest rated firm in both Kaufman and Rockwall counties. Our personal injury attorneys are caring, trusted and local. We pride ourselves in hard work and results.

Don’t call just any law firm to guide you through the courts. When you hire an attorney from Guest and Gray, P.C., you not only get an attorney assigned to your case, but you get a knowledgeable and caring support staff. Dealing with injuries or the loss of a loved one is stressful enough. Don’t waste your time having to hassle with your legal team. Call the law firm that cares. Call Guest and Gray, P.C. at 972-564-4644

Published on: February 16, 2018

I’ve Been Hurt in an Accident. What Now?

by Guest and Gray Law Firm

For most people who have been injured in an accident, knowing what to do after the dust settles can be very confusing and can cause some people to procrastinate. That is the absolute worst thing to do after a car or truck accident. In Texas, you only have two years to file suit. That may seem like a long time, but trust us. IT IS NOT. Also, procrastinating on doing certain things will only draw your claims against the insurance company out further. In our office, like most offices, we have a set operating system for each of our personal injury clients here in the Forney, Rockwall and Dallas areas, with each client’s case run by an attorney and our staff in a way that best moves the case forward once we receive it. Most firms want to keep that system “proprietary”, but I am willing to share a little of the way we do things in order to help out each injured person, regardless of whether you actually hire our office to help you. Why? because every injured person deserves a fighting chance against the insurance company, not just those who hire an attorney.

So, here is a quick list of the things yo u need to do after a car or truck accident. This list begins AFTER you have received any necessary medical treatments and have begun the recovery process, if possible. This list shows some of the basic steps we take in order to begin moving your claim forward if they have not already been done. So, by doing any or all of these steps prior to hiring our firm, you will speed up the process of settling your claims against the at-fault party.

MAKE A CLAIM WITH THE AT-FAULT PARTY’S INSURER

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: December 22, 2017

UPS and FedEx Have Seen Drastic Increases In Traffic Accidents, Deaths, According to Government Statistics

by Guest and Gray Law Firm

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.

Published on: December 18, 2017

The Insurance Company Has A Team Of Attorneys. Do You?

by Guest and Gray Law Firm

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.

Published on: July 15, 2017

Actual v. Incurred Medical Damages Under Haygood v. De Escabedo

by Guest and Gray Law Firm

Between Soap Operas and the Price is Right, the other consistent day-time TV you see are personal injury attorney’s yelling at you about they will “get them the compensation they deserve” for their injuries in between scenes of car crashes and people looking strangely well groomed to be in a hospital bed after the aforementioned accident. I love those commercials. The acting is about as good as the Soap Opera episode it runs in between.

All jokes aside, the biggest hiccup that occurs between clients and attorneys is the concept of compensation. Many clients expect that since the accident was clearly not their fault, they should just get the money. Although that is quite often how it works, you have to “prove up” your damages, either during the claims process with the insurance company or by introducing admissible evidence of damages in court once a case has been filed.

Once a case has been filed, a party seeking recovery of past medical expenses must pay very close attention to Texas Civil Practice and Remedies Code (TCPRC) §41.0105 that says, “in addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant.” Easy enough, right? Actually paid and incurred means expenses that have been or will be paid and excludes the difference between such amount and charges the service provider bills but has no right to be paid, e.g., amounts that have been written off. Ahmed v. Sosa, 514 S.W.3d 894, 895-896 (Tex. Ct. App.–Fort Worth, 2017).

Published on: July 10, 2017

What is Gross Negligence?

by Guest and Gray Law Firm

I find that potential clients here in North Texas are quick to use phrases like “negligent” and “gross negligence” because they’re terms used quite often in TV shows to portray the negligent acts of another person. However, knowing how to use the word correctly in a sentence and knowing what the term means according to the law are two different things. The point of this article is to shed light on the legal meaning of the term “gross negligence”. Adding the modifier “gross” to the legal term “negligence” denotes a greater level of negligence than your standard negligence claim. When you say someone was “grossly negligent”, the hearer assumes that the other person acted absurdly under the circumstances. The hearer is right and the law would support their conclusion, as long as you can prove the behavior was absurd at the time of the accident. This is the key distinction between the common meaning of a word and its legal meaning. To the hearer, it means what it means according to its commonly understood definition. However, in this case, the legal meaning given to gross negligence shows how you go about proving the behavior was absurd. As we will see, gross negligence is defined by the Texas Practice and Remedies Code (TPRC) and provides a blue print for proving a gross negligence claim.

Under the Texas Civil Practice and Remedies Code, “gross negligence” means an act or omission (1) which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and (2) of which the actor has actual, subjective awareness of the risk involved but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.

The first prong of the gross negligence test focuses on the objective nature of the defendant’s conduct. A plaintiff may objectively prove gross negligence by proving that under the circumstances of the accident, a reasonable person would have realized that his or her conduct has created an extreme degree of risk to the safety of others. “Extreme risk” required for a finding of gross negligence turns upon the likelihood of serious injury to the plaintiff. This extreme degree of risk threshold is significantly higher than the objective reasonable-person test for negligence. Essentially, we must show that the person had some level of understanding that their actions were risky and involved danger not only to himself but to the public at the time of the accident.

Published on: March 8, 2017

Increased Traffic and Increased risk of accidents: the Unintended Consequences of Forney’s Rapid Growth

by Guest and Gray Law Firm

Ask anyone who has lived in Forney for a while and they will tell you how much Forney has changed. It doesn’t matter if you have lived here one year, five years, or your whole life. Forney is not a little town anymore. Some places, like old downtown, still retain that small-town feel, but the modernization of Forney is well under way. Take a drive down 741, 548, Broad Street, 1641, or if you dare, highway 80, and you will see new houses, new businesses, and new faces.

Let’s face it, Forney is growing. Growth is great. It is good for local businesses and residents alike. It seems like once a week we hear about another press release from the City Council approving a new business or development coming into Forney. Just yesterday, the Forney City Council approved a waiver for Eno’s Pizza Tavern, a local restaurant chain with its original hangout spot in Dallas’ Bishop Arts District. Pretty excited about that.

However, as a personal injury attorney, I have a different outlook on growth and how it impacts local residents. The first thing I think about when I hear about new business or development projects, is the impact it will have on traffic, and more specifically, the increased risk of accidents. Let’s just face it, Forney’s roads were not made for the amount of use they currently receive. If you do not believe me, try driving down FM 548 at 6:30 p.m, or 3:30 p.m, or between 7:30 and 9:00 am. Lets just say, your gas mileage will suffer if you go that way during those times of day. They just will.

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.