Terrell

Published on: March 12, 2018

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

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 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 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?

Published on: December 29, 2017

The Texas Dram Shop Act: Civil Liability of Serving Alcoholic Beverages to Drunk Patrons

by Guest and Gray Law Firm

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

Published on: September 7, 2017

Guest and Gray: Business Law Attorneys

by Guest and Gray Law Firm

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.

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