I read an article once that said: "No, but it is advisable." In law school, they teach you that only a fool has him/her self for a client, and the same goes for personal injury cases. Although insurance companies will often try to settle the claim without the involvement of lawyers, we recommend that you consult a lawyer before finalizing an agreement if you have any questions about whether you are getting a fair or proper settlement.
In the case of a serious injury, you should always consult a lawyer as soon as possible if you believe the injury was caused by some one's negligence. Most likely the insurance company for that other party will investigate immediately, but it helps keep the playing field level if you have a lawyer or a law firm to represent your interests and protect any important evidence.
If you have been injured by another person's negligence, please call us (210) 979-9777 or visit our website www.thebaezlawfirm.com for a free initial consultation.
Find Personal Injury Trial Lawyers that will treat you with dignity and respect. The Baez Law Firm, P.C. is dedicated to help those less fortunate. We are professionals that care about your legal needs. Come visit us www.thebaezlawfirm.com or call us (210) 979-9777. Have a blessed day!
The Baez Law Firm | San Antonio Lawyers and Attorneys
San Antonio Lawyers and Attorneys
Monday, December 29, 2008
Wednesday, December 24, 2008
Whiplash injuries
In general, injuries to the neck caused by a sudden movement of the head, backward, forward, or sideways, is referred to as whiplash. Whether from a car accident, sports, or an accident at work, whiplash or other neck injuries warrant a thorough chiropractic check-up.
one of the biggest dangers with whiplash injuries is that the symptoms can take years to develop. Too often people don't seek treatment until more serious complications develop. Even after whiplash victims settle their insurance claims, some 45% report they still suffer with symptoms two years later. Our lawyers will help you maximize your recovery for soft tissue injuries.
According to the experts, whiplash is most commonly caused by a motor vehicle accident in which the car the person is riding in is not moving, and is struck from a vehicle from behind without notice. It is commonly thought the rear impact causes the head and neck to be forced into hyperextension as the seat pushes the person's torso forward - and the unrestrained head and neck fall backwards. After a short delay the head and neck then recover and are thrown into a hyperflexed position.
Most insurance companies will downplay the fact that you may have suffered from what they call soft tissue injury, which includes whiplash. As such, you need a team of attorneys capable of dealing with insurance companies and their allies. You need The Baez Law Firm, P.C. on your side.
The Baez Law Firm, P.C. is here for you, and that is why we say, "We care about your legal needs!" Come visit us and you will know the difference from the moment you walk through our doors.
The Baez Law Firm, P.C. handles wrongful death, medical malpractice, personal injuries, nursing home negligence, and many other areas of personal injury law.
one of the biggest dangers with whiplash injuries is that the symptoms can take years to develop. Too often people don't seek treatment until more serious complications develop. Even after whiplash victims settle their insurance claims, some 45% report they still suffer with symptoms two years later. Our lawyers will help you maximize your recovery for soft tissue injuries.
According to the experts, whiplash is most commonly caused by a motor vehicle accident in which the car the person is riding in is not moving, and is struck from a vehicle from behind without notice. It is commonly thought the rear impact causes the head and neck to be forced into hyperextension as the seat pushes the person's torso forward - and the unrestrained head and neck fall backwards. After a short delay the head and neck then recover and are thrown into a hyperflexed position.
Most insurance companies will downplay the fact that you may have suffered from what they call soft tissue injury, which includes whiplash. As such, you need a team of attorneys capable of dealing with insurance companies and their allies. You need The Baez Law Firm, P.C. on your side.
The Baez Law Firm, P.C. is here for you, and that is why we say, "We care about your legal needs!" Come visit us and you will know the difference from the moment you walk through our doors.
The Baez Law Firm, P.C. handles wrongful death, medical malpractice, personal injuries, nursing home negligence, and many other areas of personal injury law.
Monday, December 22, 2008
Wrongful Death actions in Texas
A wrongful death has occurred when a person is killed due to the negligence or other liability of a person or entity. Surviving beneficiaries and dependents are entitled to monetary damages in instances of wrongful death.
The Texas Legislature in 1860 enacted the original Texas Wrongful Death Statute. The Wrongful Death Act has been amended, codified and recodified over the years and is now Chapter 71 of the Texas Civil Practice and Remedies Code.
The Act provides the exclusive remedy for wrongful death in Texas, compensating the decedent's spouse, parents, and children for the losses they sustained as a result of the decedent's injury and death. Tex. Civ. Prac. & Rem. Code Ann. §71.004(a).
A wrongful death action is separate and distinct from a survival action, where the individual's cause of action for injury to his health, reputation or person survives in favor of his heirs, legal representative, and estate. See Tex. Civ. Prac. & Rem. Code Ann. §71.021.
"A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or agent's or servant's wrongful act, neglect, carelessness, unskillfulness or default." Tex. Civ. Prac. & Rem. Code Ann. §71.002(b).
Suit may be brought under the Act "only if the individual injured would have been entitled to bring an action for the injury if he had lived." Tex. Civ. Prac. & Rem. Code Ann. §71.003(a). Under Texas law, plaintiffs bringing a wrongful death action are in the procedural shoes of the victim, and the defenses to victim's personal injury action are defenses to plaintiff's wrongful death claim.
The wrongful death action is subject to all the conditions to which decedent's action would have been subject had he or she only been injured.
If a defendant to a wrongful death action dies while the suit is pending, or if an individual against whom an action could be instituted dies before the suit is filed, the individual's executor or administrator may be named as defendant in his place. Tex. Civ. Prac. & Rem. Code Ann. §71.008(a).
The surviving spouse, children and parents may bring the suit. Tex. Civ. Prac. & Rem. Code Ann. §71.004(b). If named beneficiaries do not bring an action within three (3) months of the death of the injured party, the executor or administrator of the estate shall bring the action on behalf of the beneficiaries unless instructed not to do so by all the beneficiaries. Tex. Civ. Prac. & Rem. Code Ann. §71.004(c).
A wrongful death cause of action accrues at death, if it exists at all, 2 years from death.
The two-year statute of limitations is absolute from the date of death. The so-called "discovery rule" does not apply in wrongful death and survival actions.
If you have a wrongful death action, please contact our attorneys. We can help you settle the case against the wrong doers. Visit our website www.thebaezlawfirm.com or www.sanantoniopersonalinjurytriallawyers.com because "We care about your legal need."
The Texas Legislature in 1860 enacted the original Texas Wrongful Death Statute. The Wrongful Death Act has been amended, codified and recodified over the years and is now Chapter 71 of the Texas Civil Practice and Remedies Code.
The Act provides the exclusive remedy for wrongful death in Texas, compensating the decedent's spouse, parents, and children for the losses they sustained as a result of the decedent's injury and death. Tex. Civ. Prac. & Rem. Code Ann. §71.004(a).
A wrongful death action is separate and distinct from a survival action, where the individual's cause of action for injury to his health, reputation or person survives in favor of his heirs, legal representative, and estate. See Tex. Civ. Prac. & Rem. Code Ann. §71.021.
"A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or agent's or servant's wrongful act, neglect, carelessness, unskillfulness or default." Tex. Civ. Prac. & Rem. Code Ann. §71.002(b).
Suit may be brought under the Act "only if the individual injured would have been entitled to bring an action for the injury if he had lived." Tex. Civ. Prac. & Rem. Code Ann. §71.003(a). Under Texas law, plaintiffs bringing a wrongful death action are in the procedural shoes of the victim, and the defenses to victim's personal injury action are defenses to plaintiff's wrongful death claim.
The wrongful death action is subject to all the conditions to which decedent's action would have been subject had he or she only been injured.
If a defendant to a wrongful death action dies while the suit is pending, or if an individual against whom an action could be instituted dies before the suit is filed, the individual's executor or administrator may be named as defendant in his place. Tex. Civ. Prac. & Rem. Code Ann. §71.008(a).
The surviving spouse, children and parents may bring the suit. Tex. Civ. Prac. & Rem. Code Ann. §71.004(b). If named beneficiaries do not bring an action within three (3) months of the death of the injured party, the executor or administrator of the estate shall bring the action on behalf of the beneficiaries unless instructed not to do so by all the beneficiaries. Tex. Civ. Prac. & Rem. Code Ann. §71.004(c).
A wrongful death cause of action accrues at death, if it exists at all, 2 years from death.
The two-year statute of limitations is absolute from the date of death. The so-called "discovery rule" does not apply in wrongful death and survival actions.
If you have a wrongful death action, please contact our attorneys. We can help you settle the case against the wrong doers. Visit our website www.thebaezlawfirm.com or www.sanantoniopersonalinjurytriallawyers.com because "We care about your legal need."
Thursday, December 18, 2008
Merry Christmas to all of you!!!
From The Baez Law Firm, P.C. to all Texas law firms, lawyers, judges, legal assistant, and court personnel, we are wishing you a very Merry Christmas. With this, we just wanted to share something uplifting during this season.
According to the bible, the historic record of the birth of Christ can be found in Matthew 1:18-25 and Luke 2:1-20.Unlike any other baby, the one born that night in Bethlehem was unique in all of history. He was not created by a human father and mother. He had a heavenly pre-existence (John 1:1-3, 14). He is God, the Son—Creator of the universe (Philippians 2:5-11). This is why Christmas is called the incarnation, a word which means “in the flesh.” In the birth of Jesus, the eternal, all-powerful and all-knowing Creator came to earth in the flesh.
Why would God do such a thing? Why would he come as a baby, instead of appearing in power and majesty? Why make himself a true man and live among us, when he knew full well how terribly he would be treated?
It was LOVE! It was necessary, if you are to be saved!
Share the good news that Christ still alive in your heart, and celebrate with your love ones the true meaning of Christmas. May God bless the Texas legal system, its attorneys and may God bless the USA.
According to the bible, the historic record of the birth of Christ can be found in Matthew 1:18-25 and Luke 2:1-20.Unlike any other baby, the one born that night in Bethlehem was unique in all of history. He was not created by a human father and mother. He had a heavenly pre-existence (John 1:1-3, 14). He is God, the Son—Creator of the universe (Philippians 2:5-11). This is why Christmas is called the incarnation, a word which means “in the flesh.” In the birth of Jesus, the eternal, all-powerful and all-knowing Creator came to earth in the flesh.
Why would God do such a thing? Why would he come as a baby, instead of appearing in power and majesty? Why make himself a true man and live among us, when he knew full well how terribly he would be treated?
It was LOVE! It was necessary, if you are to be saved!
Share the good news that Christ still alive in your heart, and celebrate with your love ones the true meaning of Christmas. May God bless the Texas legal system, its attorneys and may God bless the USA.
Tuesday, December 16, 2008
Insurance Coverage Matters
For the most part, before an attorney gets started in filing a claim, the availability and the total amount of insurance coverage will be a major factor in deciding whether the claim can go forward. Typical insurance issues people with serious injuries face are: 1) no insurance coverage (Uninsured motorists), 2) insufficient insurance coverage (underinsured Driver), or 3) Denial of claims, Bad Faith/Tough/Difficult Insurance Companies.
Our law firm The Baez Law Firm, P.C. specializes in providing our clients with the best representation through Texas in relation to car accidents. Our firm will handle your claim from beginning to end. Now, a further explanation of policies are in order.
1) Uninsured Driver. In many cases the driver who is legally responsible for the accident has absolutely no insurance of any kind. In these circumstances it is usually extremely difficult for a person who is injured in the crash to get anything close to appropriate compensation. If the injuries are catastrophic or fatal an attorney will hire an investigator to look for other parties responsible- other insurance "umbrella" policies, related homeowners owners or family members, companies etc but they often come up empty and the the injured person has no way to recover any damages. Because there are so many uninsured drivers you should always buy "uninsured motorist coverage" under your own auto insurance policy.
2) Underinsured Driver. In the event of a very serious injury or death the majority of drivers will have inadequate insurance coverage, usually the minimum required by state law often only around $20,000. This often means that the worst drivers carry the least insurance because they cannot afford the high premiums resulting from their poor driving records. You should always purchase underinsured motorist coverage if it is offered, so in the event you are injured by a another driver without proper insurance you can collect against your own insurance company.
3) Insurance Denial of Claims and Bad Faith. In order to save money insurance companies will often stretch and use imaginative arguments to deny claims. Sometimes these claims denials or defenses are so beyond being reasonable that they amount to what is called legal bad faith- when an insurance company improper fights a legitimate claims or denies one. In most cases these matters are handled through litigation in the courts.
If you have been injured in an accident, contact our law firm for a free initial consultation with one of our attorneys.
Statute of Limitations in Personal Injury Cases
After being in a car accident an injured person should hire an attorney and begin the legal process as soon as possible. Waiting will usually weaken a potential claim through loss of evidence, loss of fresh memories and disorganized paperwork and medical records and the inability of the attorney to direct the process. Waiting too long may result in the case being completely barred by the statute of limitations of the state where the accident took place.
Our law firm The Baez Law Firm, P.C. specializes in providing our clients with the best representation through Texas in relation to car accidents. Our firm will handle your claim from beginning to end. Now, a further explanation of policies are in order.
1) Uninsured Driver. In many cases the driver who is legally responsible for the accident has absolutely no insurance of any kind. In these circumstances it is usually extremely difficult for a person who is injured in the crash to get anything close to appropriate compensation. If the injuries are catastrophic or fatal an attorney will hire an investigator to look for other parties responsible- other insurance "umbrella" policies, related homeowners owners or family members, companies etc but they often come up empty and the the injured person has no way to recover any damages. Because there are so many uninsured drivers you should always buy "uninsured motorist coverage" under your own auto insurance policy.
2) Underinsured Driver. In the event of a very serious injury or death the majority of drivers will have inadequate insurance coverage, usually the minimum required by state law often only around $20,000. This often means that the worst drivers carry the least insurance because they cannot afford the high premiums resulting from their poor driving records. You should always purchase underinsured motorist coverage if it is offered, so in the event you are injured by a another driver without proper insurance you can collect against your own insurance company.
3) Insurance Denial of Claims and Bad Faith. In order to save money insurance companies will often stretch and use imaginative arguments to deny claims. Sometimes these claims denials or defenses are so beyond being reasonable that they amount to what is called legal bad faith- when an insurance company improper fights a legitimate claims or denies one. In most cases these matters are handled through litigation in the courts.
If you have been injured in an accident, contact our law firm for a free initial consultation with one of our attorneys.
Statute of Limitations in Personal Injury Cases
After being in a car accident an injured person should hire an attorney and begin the legal process as soon as possible. Waiting will usually weaken a potential claim through loss of evidence, loss of fresh memories and disorganized paperwork and medical records and the inability of the attorney to direct the process. Waiting too long may result in the case being completely barred by the statute of limitations of the state where the accident took place.
Wednesday, December 3, 2008
Auto accident and its injuries
Brain injuries are more common in side impact car accidents than in rear end auto accidents. Brain damage in a car accident is often related to the quick acceleration and deceleration of the brain, which causes injury to the point of impact and its opposite point or cont recoup. Diagnosis of a brain injury may be difficult. The Baez Law Firm, P.C. handle brain injury cases as a result of a car accident and all types of personal injury cases.
Concussions are associated with traumatic brain injury as are seizures, headaches, dizziness, lack of concentration, memory loss, depression or anxiety, spinal cord injury. CT scans and MRI scans are often used to diagnosis brain injury. Neck injuries vary from whiplash, one of the most common and annoying injuries caused by car accidents, to disk injuries. Our doctors will treat you promptly and efficiently with the most up to date technology.
Whiplash is an injury frequently associated with rear end impacts. Whiplash injures the soft tissues made up of nerves, ligaments and muscles. It causes neck pain and limitation of neck and head movement effecting rotation and peripheral vision. It may be temporary or permanent and can effect all aspects of life. If whiplash lasts for more than a few days after a car accident physicians will prescribe medications and often refer patients to physical therapists or chiropractors for rehabilitative therapy.
Our focused practice allows the firm to advocate in its clients’ best interests and attempt to win them the money they deserve through settlement or litigation. The Baez Law Firm, P.C. has obtained millions of dollars in results over the years. Now, prior results do not guarantee a similar outcome, and cost and disbursements remain the client’s responsibility. We are ready to help.
The Baez Law Firm, P.C. is so committed to its Texas auto accident law practice that most all of its cases are accepted on a contingent fee basis, which means that there are no attorney’s fees unless you get a recovery! If you cannot come to one of the Baez Law Firm's case intake locations, we can come to you at your home or hospital!
The Baez Law Firm, P.C. focuses on car accidents and crashes, resulting in injuries, and wrongful death. The Baez Law Firm, P.C. handles Texas auto accident and car crashes that involve motorcycle accident, truck accident, bicycle accident, and pedestrian accident cases across the state of Texas. If you’ve been hurt in a car, call The Baez Law Firm, P.C.
Concussions are associated with traumatic brain injury as are seizures, headaches, dizziness, lack of concentration, memory loss, depression or anxiety, spinal cord injury. CT scans and MRI scans are often used to diagnosis brain injury. Neck injuries vary from whiplash, one of the most common and annoying injuries caused by car accidents, to disk injuries. Our doctors will treat you promptly and efficiently with the most up to date technology.
Whiplash is an injury frequently associated with rear end impacts. Whiplash injures the soft tissues made up of nerves, ligaments and muscles. It causes neck pain and limitation of neck and head movement effecting rotation and peripheral vision. It may be temporary or permanent and can effect all aspects of life. If whiplash lasts for more than a few days after a car accident physicians will prescribe medications and often refer patients to physical therapists or chiropractors for rehabilitative therapy.
Our focused practice allows the firm to advocate in its clients’ best interests and attempt to win them the money they deserve through settlement or litigation. The Baez Law Firm, P.C. has obtained millions of dollars in results over the years. Now, prior results do not guarantee a similar outcome, and cost and disbursements remain the client’s responsibility. We are ready to help.
The Baez Law Firm, P.C. is so committed to its Texas auto accident law practice that most all of its cases are accepted on a contingent fee basis, which means that there are no attorney’s fees unless you get a recovery! If you cannot come to one of the Baez Law Firm's case intake locations, we can come to you at your home or hospital!
The Baez Law Firm, P.C. focuses on car accidents and crashes, resulting in injuries, and wrongful death. The Baez Law Firm, P.C. handles Texas auto accident and car crashes that involve motorcycle accident, truck accident, bicycle accident, and pedestrian accident cases across the state of Texas. If you’ve been hurt in a car, call The Baez Law Firm, P.C.
Saturday, November 15, 2008
Word from our sponsors!
USANA Health Sciences formulates exceptional, science-based nutritional and personal-care products. However, inferior manufacturing can destroy even the greatest product formulations. For this reason, USANA manufactures its own nutritional supplements, and voluntarily meets pharmaceutical Good Manufacturing Practices (GMP).
Pharmaceutical GMP standards are far more stringent than the food GMP requirements set by the U.S. government for supplements. To adhere to the exacting standards of pharmaceutical GMP, and to ensure the quality of every product manufactured, USANA inspects all raw ingredients before they are mixed, tests the product during manufacturing, and performs a final analysis before any product is sent to the customer.
USANA's Quality Assurance team keeps track of every detail, from careful testing and evaluation of raw materials, to meticulous product shipping and storage. Visitors to USANA's corporate headquarters can take a self-guided tour to see USANA's manufacturing process firsthand.
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Pharmaceutical GMP standards are far more stringent than the food GMP requirements set by the U.S. government for supplements. To adhere to the exacting standards of pharmaceutical GMP, and to ensure the quality of every product manufactured, USANA inspects all raw ingredients before they are mixed, tests the product during manufacturing, and performs a final analysis before any product is sent to the customer.
USANA's Quality Assurance team keeps track of every detail, from careful testing and evaluation of raw materials, to meticulous product shipping and storage. Visitors to USANA's corporate headquarters can take a self-guided tour to see USANA's manufacturing process firsthand.
Watch this online presentation HOME BUSINESS OPPORTUNITY. There is no obligation, and it can change your life! Be part of the new Trillion Dollar Industry with USANA. Be Wealthy, Receive Residual Income, Retire Early, Enjoy Life! All possible with USANA.
Please visit our website http://www.karolynas.com or http://www.karolynas.usana.com
Friday, November 14, 2008
How much for a personal injury lawyer?
Attorney fees in cases of serious injury or wrongful death are generally based on a “contingency fee basis”. This means that the attorney is only paid if (enphasis aded) there is a recovery, and the fees are set as a percentage of the recovery made. If there is no recovery, you owe no attorney fees at all.
On the other hand, when attorneys charge for their time by the hour, their bills can quickly add up and be beyond the budget of most people. Although the insurance industry and corporations can have dozens of attorneys “on the clock”, that isn’t possible for the rest of us.
Fortunately, consumers have a way to level the playing field. Under a contingency fee contract, attorney fees are generally between 33.3% and 40%, but there is nothing sacred about these numbers. In more complicated and difficult cases or in cases that require significant expenses, the percentages may be higher. Talk to your lawyer about your contingency fee.
You should expect that a contingent fee agreement will be in writing, and in Texas, they are in fact required. Make certain that you understand this agreement. Ask questions. You should expect to be provided a copy of the agreement for your records. How expenses will be paid is an important part of the agreement. Cases for serious injury or death can require sizable expenditures, tens and sometimes hundreds of thousands of dollars. Ask what kinds of expenses the attorney considers essential to prepare your case and maximize your recovery.
Routine costs in lawsuits can include charges for filing fees, process servers, facsimile charges, couriers, express mail, Federal Express, UPS, copying of medical and other records, deposition reporter's fees and transcripts, experts' and consultants fees, telephone toll charges, in office copying, postage, attorney's travel by car, parking, overnight hotel and meals, focus groups, trial exhibits, computer research, mediation fees, jury fees and investigators' fees and many others.
The most significant expenses in cases are for experts who hired to explain what the defendant did wrong, medical details related to the death or injury, and future expenses or losses that have resulted. Fo this you need doctors, engineers, life care planners, and economists. In most cases, attorneys with contingent fee agreements will advance the expenses on a case, and then deduct them from the settlement when the case is resolved. Although it is difficult to estimate the expenses of a case in advance, ask for a general estimate of what those costs will be.
Although no attorney can guarantee what the outcome of a given case will be, that does not prevent the attorney from promising to use his/her best efforts on your behalf. The "right attorney" is never unwilling to make this commitment to his/her client and to put that commitment in writing.
If you have been injured by someone's negligence, and you have substantial medical expenses, please contact our law firm. Our experts will help you through this diffucult time and will try to get you back to whole again. Visit our website http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com/ and schedule your free initial consultation with one of our lawyers.
On the other hand, when attorneys charge for their time by the hour, their bills can quickly add up and be beyond the budget of most people. Although the insurance industry and corporations can have dozens of attorneys “on the clock”, that isn’t possible for the rest of us.
Fortunately, consumers have a way to level the playing field. Under a contingency fee contract, attorney fees are generally between 33.3% and 40%, but there is nothing sacred about these numbers. In more complicated and difficult cases or in cases that require significant expenses, the percentages may be higher. Talk to your lawyer about your contingency fee.
You should expect that a contingent fee agreement will be in writing, and in Texas, they are in fact required. Make certain that you understand this agreement. Ask questions. You should expect to be provided a copy of the agreement for your records. How expenses will be paid is an important part of the agreement. Cases for serious injury or death can require sizable expenditures, tens and sometimes hundreds of thousands of dollars. Ask what kinds of expenses the attorney considers essential to prepare your case and maximize your recovery.
Routine costs in lawsuits can include charges for filing fees, process servers, facsimile charges, couriers, express mail, Federal Express, UPS, copying of medical and other records, deposition reporter's fees and transcripts, experts' and consultants fees, telephone toll charges, in office copying, postage, attorney's travel by car, parking, overnight hotel and meals, focus groups, trial exhibits, computer research, mediation fees, jury fees and investigators' fees and many others.
The most significant expenses in cases are for experts who hired to explain what the defendant did wrong, medical details related to the death or injury, and future expenses or losses that have resulted. Fo this you need doctors, engineers, life care planners, and economists. In most cases, attorneys with contingent fee agreements will advance the expenses on a case, and then deduct them from the settlement when the case is resolved. Although it is difficult to estimate the expenses of a case in advance, ask for a general estimate of what those costs will be.
Although no attorney can guarantee what the outcome of a given case will be, that does not prevent the attorney from promising to use his/her best efforts on your behalf. The "right attorney" is never unwilling to make this commitment to his/her client and to put that commitment in writing.
If you have been injured by someone's negligence, and you have substantial medical expenses, please contact our law firm. Our experts will help you through this diffucult time and will try to get you back to whole again. Visit our website http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com/ and schedule your free initial consultation with one of our lawyers.
Thursday, November 13, 2008
Causes of 18 Wheeler accidents
Over the years, our attorneys have handled trucking accidents across the State. The accidents can be caused by a number of factors. In all cases, there needs to be an investigation conducted by experienced individuals. When investigating a semi-truck accident, it is important to get the right information for the case:
Could the company be negligent in the hiring and training the driver?
Does the company have safety policies and training policies?
Could the driver have been fatigued?
Has the driver had prior accidents, speeding tickets or DUI charges?
Was the driver intoxicated or under the influence of drugs while driving?
Was the accident a result of an unsafe load, unbalanced load?
Was the truck properly maintained by the driver and or company?
Are there logbook requirements with the company?
Are the driver logs falsified?
Were defective tires or other defective equipment responsible for the accident?
Our law firm will get to the bottom of those questions, in order to obtain the best possible award for our clients. Most likely, if a heavy truck (18-wheeler, semi, tractor-trailer) crashes into a car, SUV, or motorcycle, the injuries are nearly always fatal, and the victims will suffer lifelong injuries (including paraplegia and quadriplegia), brain injuries, or even amputations.
Too often, the injured victims never recover and need substantial resources to get their lives back in order. Our goal is to cover the expenses which include compensation for medical bills, lost wages, future medical care, attendant care, job retraining, and pain and suffering.
If you or a loved one has been involved in an 18-wheeler accident, make sure you have a truck accident attorney with the experience in handling truck accident investigations and insurance claims. Visit our website: http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com/ for a free consultation on your case. This is why we say, "We Care About Your Legal Needs!"
Could the company be negligent in the hiring and training the driver?
Does the company have safety policies and training policies?
Could the driver have been fatigued?
Has the driver had prior accidents, speeding tickets or DUI charges?
Was the driver intoxicated or under the influence of drugs while driving?
Was the accident a result of an unsafe load, unbalanced load?
Was the truck properly maintained by the driver and or company?
Are there logbook requirements with the company?
Are the driver logs falsified?
Were defective tires or other defective equipment responsible for the accident?
Our law firm will get to the bottom of those questions, in order to obtain the best possible award for our clients. Most likely, if a heavy truck (18-wheeler, semi, tractor-trailer) crashes into a car, SUV, or motorcycle, the injuries are nearly always fatal, and the victims will suffer lifelong injuries (including paraplegia and quadriplegia), brain injuries, or even amputations.
Too often, the injured victims never recover and need substantial resources to get their lives back in order. Our goal is to cover the expenses which include compensation for medical bills, lost wages, future medical care, attendant care, job retraining, and pain and suffering.
If you or a loved one has been involved in an 18-wheeler accident, make sure you have a truck accident attorney with the experience in handling truck accident investigations and insurance claims. Visit our website: http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com/ for a free consultation on your case. This is why we say, "We Care About Your Legal Needs!"
Wednesday, November 12, 2008
Surviving a car accident
Even the best defensive driving classes and split-second decisions may not prevent you from becoming the victim of a life-threatening auto accident, but like the Mercedes Benz commercial says " you need to be ready in case it happens." According to the U.S. Census Bureau, the annual number of fatal collisions hovers around 40 thousand. As a driver, you should continually educate yourself and exhibit attentiveness and self-control on the roadways so you're more prepared to survive an auto accident.
We have collected information helpful for you, the driver, in order to survive a car collision, if it ever happens.
Step 1: Ready yourself mentally before you get on the road. Since you'll generally have little time to contemplate a course of action when faced with an oncoming collision, it is important to remain focused at all times. Turn off your cell phone, put away your hairbrush and turn down your radio. Be mindfully present when you're driving--not distracted.
Step2: Have your mechanic test and service your restraint and safety systems on an annual basis. Airbags and seat belts save countless lives each year, but only if they are in proper working order. If you purchase a used car, have the integrity of the safety systems evaluated before you begin to drive the car regularly.
Step3: Service your brakes, tires, transmission and suspension systems according to dealer recommendations, and sooner if you suspect a problem. Your car will only react as well as its systems are maintained. Driving with worn brake pads and bald tires may cause an accident to become serious, or even fatal.
Step4: Remain upright, gripping the steering wheel tightly at 10 and 2 o'clock and bracing yourself for a collision. Do not allow your body to go limp, as you need increased muscle tone and rigidity to protect your organs, spinal discs and skeletal system. It is better to suffer from sore muscles than a ruptured spleen or spinal fracture following an accident.
Step5: Get out of the vehicle and move away from the area if you can walk on your own. If you begin to smell smoke or see flames, run away from the car immediately to avoid an explosion. Your ability to survive may depend on your speed in extricating yourself from the vehicle and the accident scene.
Step6: Bail out of your vehicle immediately if it is headed toward or floating in a body of water. Once an automobile sinks below the water's surface, the doors and windows become nearly impossible to open due to the intense water pressure. If your door is stuck shut, kick out a window to exit the vehicle.
Step7: Resist the urge to duck toward the steering wheel before a collision. Upon impact, your head may strike the wheel and render you unconscious. In addition, if your vehicle is equipped with airbags, you could sustain serious burns from the airbag explosive or other damage due to the airbag's facial impact.
Step8: Sit at least 10 inches away from the steering wheel if your vehicle is equipped with an airbag. If you're seated closer, the airbag could break your ribs, or cause lung damage or other serious internal conditions. If you are too short to reach the pedals without moving the seat forward, purchase pedal extenders.
Step9: Adjust your headrest so it sits just above your ears. If your headrest is too low, you could incur serious or fatal cervical damage when your head impacts the rest.
Step10: Wear your seatbelt properly. Do not put the chest harness behind your back, as wearing only your lap belt subjects the spine to serious trauma upon collision impact.
This steps will help you prevent an accident; however, if you are involved in one, then please contact our law firm for help. Visit our website: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free case evaluation.
We have collected information helpful for you, the driver, in order to survive a car collision, if it ever happens.
Step 1: Ready yourself mentally before you get on the road. Since you'll generally have little time to contemplate a course of action when faced with an oncoming collision, it is important to remain focused at all times. Turn off your cell phone, put away your hairbrush and turn down your radio. Be mindfully present when you're driving--not distracted.
Step2: Have your mechanic test and service your restraint and safety systems on an annual basis. Airbags and seat belts save countless lives each year, but only if they are in proper working order. If you purchase a used car, have the integrity of the safety systems evaluated before you begin to drive the car regularly.
Step3: Service your brakes, tires, transmission and suspension systems according to dealer recommendations, and sooner if you suspect a problem. Your car will only react as well as its systems are maintained. Driving with worn brake pads and bald tires may cause an accident to become serious, or even fatal.
Step4: Remain upright, gripping the steering wheel tightly at 10 and 2 o'clock and bracing yourself for a collision. Do not allow your body to go limp, as you need increased muscle tone and rigidity to protect your organs, spinal discs and skeletal system. It is better to suffer from sore muscles than a ruptured spleen or spinal fracture following an accident.
Step5: Get out of the vehicle and move away from the area if you can walk on your own. If you begin to smell smoke or see flames, run away from the car immediately to avoid an explosion. Your ability to survive may depend on your speed in extricating yourself from the vehicle and the accident scene.
Step6: Bail out of your vehicle immediately if it is headed toward or floating in a body of water. Once an automobile sinks below the water's surface, the doors and windows become nearly impossible to open due to the intense water pressure. If your door is stuck shut, kick out a window to exit the vehicle.
Step7: Resist the urge to duck toward the steering wheel before a collision. Upon impact, your head may strike the wheel and render you unconscious. In addition, if your vehicle is equipped with airbags, you could sustain serious burns from the airbag explosive or other damage due to the airbag's facial impact.
Step8: Sit at least 10 inches away from the steering wheel if your vehicle is equipped with an airbag. If you're seated closer, the airbag could break your ribs, or cause lung damage or other serious internal conditions. If you are too short to reach the pedals without moving the seat forward, purchase pedal extenders.
Step9: Adjust your headrest so it sits just above your ears. If your headrest is too low, you could incur serious or fatal cervical damage when your head impacts the rest.
Step10: Wear your seatbelt properly. Do not put the chest harness behind your back, as wearing only your lap belt subjects the spine to serious trauma upon collision impact.
This steps will help you prevent an accident; however, if you are involved in one, then please contact our law firm for help. Visit our website: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free case evaluation.
Thursday, November 6, 2008
Insurance law and terminology for the state of Texas
In the state of Texas, the law mandates minimum automobile liability insurance coverage for automobiles registered in the state. This includes property damages and personal injury coverage, which we will now discuss. Depending on the terms of the individual policy, liability insurance typically covers the cost of property damage, including the cost of repair or replacement for any property damaged as the result of an accident (property damage). Liability insurance also pays medical bills and lost wages as a result of bodily injuries incurred in an accident (personal injury).
Texas law requires that each car registered in the state have a minimum of $20,000 in insurance coverage for one person injured in an accident, and a minimum of $40,000 for all persons injured in an accident. These are considered (policy limits). In addition, Texas requires a minimum $15,000 in coverage for property damage.
Conversely, Texas law does not mandates coverage of policies, when you are involved in an accident with an uninsured, underinsured, or hit-and-run driver. The rationale is that every car, according to the law, should have its own coverage, hence, why have it. Such coverage typically pays medical bills and lost wages for you and your passengers, in a case where you cannot collect these damages from the driver at fault for the accident, and we highly encourage each consumer to get it.
Insurance companies are allowed to offer Texas drivers a choice between purchasing auto insurance for the traditional fixed installment at an annual rate, and the more innovative cents-per-mile rate. On the other hand, under the traditional system a car owner purchases insurance at an annual rate irrespective of the frequency with which the owner uses the car, under the cent-per-mile system, an owner pays for coverage only for those miles driven. Consult with your insurance company to see what type they offer to you.
Texas designed this system to make compulsory insurance more affordable, thereby reducing the incidence of illegally uninsured motorist. A cents-per-mile rate works in this way: An insurance company assigns your car to one of its rate groups according to your zip code, car use and type, driver type, and other information about your household. Your car might be put into a group paying $500 a year.
When the insurance company determins that the average miles a year for cars in your group was 10,000, the alternative mile rate for your group would be 5.0 cents a mile. If you chose the mile rate instead of the annual rate, you might initially buy 2,500 miles for $100 (= 5.0¢/mi. x 2,500 mi.) plus a nominal expense fee. The insurer would add these miles to your car's current odometer reading to determine the mileage at which coverage would end. Before you drive all these miles, you would have to buy more miles to remain legally insured.
The insurer may wish to purchase additional insurance coverage beyond compulsory insurance. In many cases, the owner of an automobile, may be held personally liable for any damages in excess of the insurance coverage. Purchasing additional coverage could protect your personal assets in case of a suit.
The following are the basic terminology used by insurance companies used when dealing with aditional insurance coverage. Basic Reparations or Medical Payments Coverage, Collision Coverage, and Comprehensive Coverage. Basic Reparations Coverage covers bodily injury and medical expenses of an at-fault driver who does not have medical insurance. Collision coverage pays for damages incurred by the at-fault driver in accidents involving collision. Finally, Comprehensive Coverage pays for damage to a vehicle not caused by collision, including damages caused by theft, vandalism, flood, fire, and explosion.
If you have been injured as a result of an accident, please contact our firm so that we can explain to you your legal rights. We specialize in any type of accident, including but not limited to auto, truck, airplane, boat, motorcycle, car, bus, rollovers, roof crush injuries, death, brain injury, multiple trauma, broken bones, fatal injuries and more. Please call us (210) 979-9777 or visit our website http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com so that we can set you up a free initial consultation with our attorneys. We are The Baez Law Firm, and "we care about your legal needs!"
Texas law requires that each car registered in the state have a minimum of $20,000 in insurance coverage for one person injured in an accident, and a minimum of $40,000 for all persons injured in an accident. These are considered (policy limits). In addition, Texas requires a minimum $15,000 in coverage for property damage.
Conversely, Texas law does not mandates coverage of policies, when you are involved in an accident with an uninsured, underinsured, or hit-and-run driver. The rationale is that every car, according to the law, should have its own coverage, hence, why have it. Such coverage typically pays medical bills and lost wages for you and your passengers, in a case where you cannot collect these damages from the driver at fault for the accident, and we highly encourage each consumer to get it.
Insurance companies are allowed to offer Texas drivers a choice between purchasing auto insurance for the traditional fixed installment at an annual rate, and the more innovative cents-per-mile rate. On the other hand, under the traditional system a car owner purchases insurance at an annual rate irrespective of the frequency with which the owner uses the car, under the cent-per-mile system, an owner pays for coverage only for those miles driven. Consult with your insurance company to see what type they offer to you.
Texas designed this system to make compulsory insurance more affordable, thereby reducing the incidence of illegally uninsured motorist. A cents-per-mile rate works in this way: An insurance company assigns your car to one of its rate groups according to your zip code, car use and type, driver type, and other information about your household. Your car might be put into a group paying $500 a year.
When the insurance company determins that the average miles a year for cars in your group was 10,000, the alternative mile rate for your group would be 5.0 cents a mile. If you chose the mile rate instead of the annual rate, you might initially buy 2,500 miles for $100 (= 5.0¢/mi. x 2,500 mi.) plus a nominal expense fee. The insurer would add these miles to your car's current odometer reading to determine the mileage at which coverage would end. Before you drive all these miles, you would have to buy more miles to remain legally insured.
The insurer may wish to purchase additional insurance coverage beyond compulsory insurance. In many cases, the owner of an automobile, may be held personally liable for any damages in excess of the insurance coverage. Purchasing additional coverage could protect your personal assets in case of a suit.
The following are the basic terminology used by insurance companies used when dealing with aditional insurance coverage. Basic Reparations or Medical Payments Coverage, Collision Coverage, and Comprehensive Coverage. Basic Reparations Coverage covers bodily injury and medical expenses of an at-fault driver who does not have medical insurance. Collision coverage pays for damages incurred by the at-fault driver in accidents involving collision. Finally, Comprehensive Coverage pays for damage to a vehicle not caused by collision, including damages caused by theft, vandalism, flood, fire, and explosion.
If you have been injured as a result of an accident, please contact our firm so that we can explain to you your legal rights. We specialize in any type of accident, including but not limited to auto, truck, airplane, boat, motorcycle, car, bus, rollovers, roof crush injuries, death, brain injury, multiple trauma, broken bones, fatal injuries and more. Please call us (210) 979-9777 or visit our website http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com so that we can set you up a free initial consultation with our attorneys. We are The Baez Law Firm, and "we care about your legal needs!"
Saturday, October 25, 2008
What is a personal injury case, and how we handle them?
Normally, personal injury cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. However, in Texas, the term "comparative negligence" or shared responsibility can be an issue to be resolved during a case, that may determine whether you have a personal injury case. There are two ways that personal injury cases can become handled; first, through civil court proceedings (or lawsuits) that seek to find others legally at fault through a court judgment or; second, such disputes may be resolved through informal settlement (or negotiations) before any lawsuit is filled. In Texas, the latter is the most common way of handling a personal injury case.
Lawsuits, in a personal injury case, typically start when a private individual (the plaintiff) files a civil complaint against another person, business, corporation, or government agency (the defendant), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is commonly known as "the filing of a lawsuit."
Negotiations are usually among those personally involved in the accident, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money and a release of liability.
Usually, personal injury cases involve some type of injury as well as property damage. Our law firm handles both aspect of your case. The personal injury aspect of it, may show in different forms. From neck pain, back pain, shoulder pain, leg pain, spasms, contusions, pinch nerves, whiplash, and soft tissue injury, to broken bones, broken neck, amputations, lacerations, eye injury, multiple fractures, impaled objects, roof crush injuries, tire blowouts, car ejections, brain injury, severe trauma, and death.
If you have been a victim of an accident, and have a personal injury case, please contact The Baez Law Firm, P.C. so that an experienced attorney can handle your case . Visit our website http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com so that we can start helping you on your case. Our principal office is located in San Antonio Texas, but we can handle your case anywhere in Texas.
It is important to know that before you meet with our attorneys for the first time after you've been injured, collect any documents you have relating to your accident and injury and place them in a folder or large envelope. Here's a list of some of the documents and other pertinent information to take with you to our lawyers, if applicable to your case.
Name and address of any ambulance service you may have used;
Name and address of any emergency room where you were initially taken;
Dates you were admitted to the emergency room and the hospital;
Names and business address of all doctors who have examined you;
Names and addresses of any chiropractors you may have consulted;
Names of all people who were involved in the accident;
Names and addresses of witnesses to the accident;
Dates you missed work because of the accident;
Name and telephone number of each insurance adjuster you have talked to;
List of people you have talked to about the accident or your injuries.
The following documents will help our attorneys handle your case better:
Accident report, or case number as given to you by the police;
Copies of any written statements;
Your automobile insurance policy if you were injured in a car accident along with the declarations page or coverage certificate that sets forth what kinds of coverage you have purchased and what the policy limits are;
Your home owner's or renter's policy, along with the declarations page or coverage certificate;
Medical or disability insurance policy or coverage certificate;
Other policies, including medical, hospitalization, veterans insurance;
All correspondence you have received from any insurer about the accident or your injuries;
Medical bills.
Again, our law firm is willing and able to help your case come to an end, either through litigation (lawsuit) or by negotiations. Let a team of experts handle your case, so that you can focus on doing what you do best. Contact us, and you will see how we put our knowledge to work for your advantage. Call our main office
(210) 979-9777 or visit our website. You will see why we say, "we care about your legal needs!"
Lawsuits, in a personal injury case, typically start when a private individual (the plaintiff) files a civil complaint against another person, business, corporation, or government agency (the defendant), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is commonly known as "the filing of a lawsuit."
Negotiations are usually among those personally involved in the accident, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money and a release of liability.
Usually, personal injury cases involve some type of injury as well as property damage. Our law firm handles both aspect of your case. The personal injury aspect of it, may show in different forms. From neck pain, back pain, shoulder pain, leg pain, spasms, contusions, pinch nerves, whiplash, and soft tissue injury, to broken bones, broken neck, amputations, lacerations, eye injury, multiple fractures, impaled objects, roof crush injuries, tire blowouts, car ejections, brain injury, severe trauma, and death.
If you have been a victim of an accident, and have a personal injury case, please contact The Baez Law Firm, P.C. so that an experienced attorney can handle your case . Visit our website http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com so that we can start helping you on your case. Our principal office is located in San Antonio Texas, but we can handle your case anywhere in Texas.
It is important to know that before you meet with our attorneys for the first time after you've been injured, collect any documents you have relating to your accident and injury and place them in a folder or large envelope. Here's a list of some of the documents and other pertinent information to take with you to our lawyers, if applicable to your case.
Name and address of any ambulance service you may have used;
Name and address of any emergency room where you were initially taken;
Dates you were admitted to the emergency room and the hospital;
Names and business address of all doctors who have examined you;
Names and addresses of any chiropractors you may have consulted;
Names of all people who were involved in the accident;
Names and addresses of witnesses to the accident;
Dates you missed work because of the accident;
Name and telephone number of each insurance adjuster you have talked to;
List of people you have talked to about the accident or your injuries.
The following documents will help our attorneys handle your case better:
Accident report, or case number as given to you by the police;
Copies of any written statements;
Your automobile insurance policy if you were injured in a car accident along with the declarations page or coverage certificate that sets forth what kinds of coverage you have purchased and what the policy limits are;
Your home owner's or renter's policy, along with the declarations page or coverage certificate;
Medical or disability insurance policy or coverage certificate;
Other policies, including medical, hospitalization, veterans insurance;
All correspondence you have received from any insurer about the accident or your injuries;
Medical bills.
Again, our law firm is willing and able to help your case come to an end, either through litigation (lawsuit) or by negotiations. Let a team of experts handle your case, so that you can focus on doing what you do best. Contact us, and you will see how we put our knowledge to work for your advantage. Call our main office
(210) 979-9777 or visit our website. You will see why we say, "we care about your legal needs!"
Thursday, September 25, 2008
Abuse of authority by police
According to the bible, everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Romans 13:1. However, what happens when people in power abuse that authority? From this abuse of authority, comes the infamous "police brutality."
Police brutality is a term used to describe any excessive and unnecessary physical force, assault, or battery used by law enforcement officials when dealing with the public. Section 42 of The United States Code states that "... any person working under the authority of a state law enforcement body who violates the civil rights of individuals in the U.S. is liable to pay for any damages they cause."
Police agencies have been given a new way to express their aggressions towards the public, without the fear of killing so many, or so they thought. The invention of the taser has created a new way for the police to over power the public, and the use of taser is increasing in alarming numbers.
The name Taser is an acronym for "Thomas A. Swift’s Electric Rifle". Arizona inventor Jack Cover designed it in 1969; naming it for the science fiction teenage inventor and adventurer character Tom Swift.
Modern taser-type weapons fire small dart-like electrodes with attached metal wires that connect to the gun, propelled by small gas charges similar to some air rifle propellants. The maximum range is up to 10 meters (30 feet). Earlier models of Taser needed the dart-like electrodes to embed in the skin and superficial muscle tissues layers; newer versions of the projectiles use a shaped pulse/arc of electricity which disrupt nerve and muscle function without needing the metal prongs on the projectile to penetrate the skin. Early models had difficulty in penetrating thick clothing, but the ‘pulse’ models are designed to bring down a subject wearing up to a Level III body armor vest.
There are some widely known cases of police brutality, but there are thousands more that never receive nationwide media attention. Any time a police officer abuses his or her authority and inflicts undue suffering on any person it is an affront to not only the victim of the pain, but to society as a whole.
Our latest client was so proud that he was going to fix his son’s car, that he decided to go to a 24 hour auto part store, in retrospect, this was a mistake. He was eventually tased several times and he had to be hospitalized because he developed a fatal cardiac condition, atrial fibrillation. From a proud moment to shameful and fatal consequences, his case is one of thousands that teaches us a lesson: the people we depend on to protect us from criminal aggressors should never become the aggressors themselves.
If you or some one you know has been a victim of police brutality, please contact The Baez Law Firm, P.C. We have experienced police brutality lawyers that will handle your case with respect and dignity. Please contact us at our websites: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com http://www.baezlaw.com or call us at (210) 979-9777 for a free initial consultation.
Police brutality is a term used to describe any excessive and unnecessary physical force, assault, or battery used by law enforcement officials when dealing with the public. Section 42 of The United States Code states that "... any person working under the authority of a state law enforcement body who violates the civil rights of individuals in the U.S. is liable to pay for any damages they cause."
Police agencies have been given a new way to express their aggressions towards the public, without the fear of killing so many, or so they thought. The invention of the taser has created a new way for the police to over power the public, and the use of taser is increasing in alarming numbers.
The name Taser is an acronym for "Thomas A. Swift’s Electric Rifle". Arizona inventor Jack Cover designed it in 1969; naming it for the science fiction teenage inventor and adventurer character Tom Swift.
Modern taser-type weapons fire small dart-like electrodes with attached metal wires that connect to the gun, propelled by small gas charges similar to some air rifle propellants. The maximum range is up to 10 meters (30 feet). Earlier models of Taser needed the dart-like electrodes to embed in the skin and superficial muscle tissues layers; newer versions of the projectiles use a shaped pulse/arc of electricity which disrupt nerve and muscle function without needing the metal prongs on the projectile to penetrate the skin. Early models had difficulty in penetrating thick clothing, but the ‘pulse’ models are designed to bring down a subject wearing up to a Level III body armor vest.
There are some widely known cases of police brutality, but there are thousands more that never receive nationwide media attention. Any time a police officer abuses his or her authority and inflicts undue suffering on any person it is an affront to not only the victim of the pain, but to society as a whole.
Our latest client was so proud that he was going to fix his son’s car, that he decided to go to a 24 hour auto part store, in retrospect, this was a mistake. He was eventually tased several times and he had to be hospitalized because he developed a fatal cardiac condition, atrial fibrillation. From a proud moment to shameful and fatal consequences, his case is one of thousands that teaches us a lesson: the people we depend on to protect us from criminal aggressors should never become the aggressors themselves.
If you or some one you know has been a victim of police brutality, please contact The Baez Law Firm, P.C. We have experienced police brutality lawyers that will handle your case with respect and dignity. Please contact us at our websites: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com http://www.baezlaw.com or call us at (210) 979-9777 for a free initial consultation.
Sunday, August 31, 2008
Truck Accidents
Truck accident litigation involves claims against negligent truck drivers and the trucking companies who hire them. Under Federal law as well as Texas law, a driver of a large truck is considered to have an even greater standard of care than other drivers, because of the injuries that their large trucks can cause. Truck drivers break federal laws by driving while fatigued, in excess of the amount of hours they are allowed to drive, at an excessive speed, with overloaded or over sized trucks, and improperly maintained trucks.
Collisions caused by a truck’s failure, faulty inspection and maintenance, or a truck driver’s negligence, can lead to catastrophic injuries.When you put something that heavy on our roads at speeds topping 60 miles an hour, you get a potentially very dangerous situation, with a massive motor vehicle that can run over almost anything in its path. If you add the growing problem of driver fatigue and truck drivers’ being under constant pressure to move cargo – there can be deadly consequences.
Today, with the ever-changing advancements in technology, there is a lot we can learn from analyzing every detailed involved in an accident. Our attorneys and experts use the following information tools to properly help our client's case, truck maintenance records, driving records, driving log books, driver employee records, drug test results, on board computer (black box) data, Department of Transportation data.
Once our investigation of the trucking accident is complete, we head into settlement negotiations or to trial with evidence on our side. Our attorneys know how to prepare and win cases. Our truck accident lawyers work on a contingent fee basis, which means that there is never a fee that you have to pay unless we successfully resolve your truck accident case.
To recover the cost of medical bills, lost wages, and emotional trauma, truck accident victims should contact an experienced truck accident lawyer as soon as possible. Our lawyers swiftly consult experts such as accident reconstruction experts to gather facts and begin a thorough and far-reaching investigation. Our truck accident attorneys speak with and take depositions from eye-witnesses and company employees.
If you, or some one you know have been injured by a truck accident, please contact The Báez Law Firm, P.C at (210) 979-9777 or visit our websites: http://www.thebaezlawfirm.com http://www.baezlaw.com http://www.sanantoniopersonalinjurytriallawyers.com or http://www.thebaezlawfirm.com/car_and_truck_accident_victims.html for a free initial consultation about your case. That is why we say "We care about your legal needs."
Collisions caused by a truck’s failure, faulty inspection and maintenance, or a truck driver’s negligence, can lead to catastrophic injuries.When you put something that heavy on our roads at speeds topping 60 miles an hour, you get a potentially very dangerous situation, with a massive motor vehicle that can run over almost anything in its path. If you add the growing problem of driver fatigue and truck drivers’ being under constant pressure to move cargo – there can be deadly consequences.
Today, with the ever-changing advancements in technology, there is a lot we can learn from analyzing every detailed involved in an accident. Our attorneys and experts use the following information tools to properly help our client's case, truck maintenance records, driving records, driving log books, driver employee records, drug test results, on board computer (black box) data, Department of Transportation data.
Once our investigation of the trucking accident is complete, we head into settlement negotiations or to trial with evidence on our side. Our attorneys know how to prepare and win cases. Our truck accident lawyers work on a contingent fee basis, which means that there is never a fee that you have to pay unless we successfully resolve your truck accident case.
To recover the cost of medical bills, lost wages, and emotional trauma, truck accident victims should contact an experienced truck accident lawyer as soon as possible. Our lawyers swiftly consult experts such as accident reconstruction experts to gather facts and begin a thorough and far-reaching investigation. Our truck accident attorneys speak with and take depositions from eye-witnesses and company employees.
If you, or some one you know have been injured by a truck accident, please contact The Báez Law Firm, P.C at (210) 979-9777 or visit our websites: http://www.thebaezlawfirm.com http://www.baezlaw.com http://www.sanantoniopersonalinjurytriallawyers.com or http://www.thebaezlawfirm.com/car_and_truck_accident_victims.html for a free initial consultation about your case. That is why we say "We care about your legal needs."
Tuesday, July 22, 2008
San Antonio Lawyers and Attorneys
What factors should a potential client consider before hiring an attorney? Are all attorneys created equal? Are they personable and approachable? We hope that with this information, we will answer most, if not all of the questions that you may have as a consumer, before hiring an attorney. This information is use as instructional and may not be considered as legal advise or in any way as to forming attorney client communications or privity.
First, is good to know that not all lawyers handle all matters. There are some lawyers who will consider themselves as general practitioners, but for the most parts, they are not experts on any particular area. On the other hand, there are attorneys who will only handle particular matters. For example, personal injury, family law, business law, criminal law. Answer this question: are you filing a civil lawsuit or have a criminal matter? What size settlement are you seeking? Lawyers who handle divorce cases may have helped someone you know, but be at a total loss as to how to help you arrange for an adoption. Figure out the reasons why you need an attorney and what you wish to accomplish before picking up the phone and calling the lawyer or law firm.
Second, most attorneys will provide a free initial consultation either over the phone or in person to learn more about the reasons you are needing the help of an attorney as well as to learn your goals in securing an attorney’s services. Consider the consultation as a time for you to learn if you feel comfortable with the personality of an individual attorney as well as to ask about fees, terms of payment, as well as possibilities for out-of-court settlement.
Thirdly, respectable law firms have internet, blogg and other form of information about themselves and their services. Please visit their website in order to obtain the information that you may be looking for pertaining the particular lawyer or law firm. Also, see if their website shows up on search engines and others.
Finally, the bar association in Texas offers a referral line to provide the names and contact information of attorneys licensed in Texas. Conversely, they will provide at least the names of some attorneys whose area of practice is best suited to your needs. As a practical matter, don’t be fooled into thinking that the best attorneys always have the biggest ads in the yellow pages. Very often the best attorneys have small listings because they have built a successful practice based on their good reputation.
If you are in need of a law firm, lawyer or attorney, please visit our website: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com/ to evaluate whether we could be a law firm for your needs. We are a General Practice Law Firm, in the San Antonio Metro Area, that handle your case with respect and dignity. Our lawyers have several areas of expertise, and are ready to take care of your legal needs. That is why we say "we care about your legal needs."
First, is good to know that not all lawyers handle all matters. There are some lawyers who will consider themselves as general practitioners, but for the most parts, they are not experts on any particular area. On the other hand, there are attorneys who will only handle particular matters. For example, personal injury, family law, business law, criminal law. Answer this question: are you filing a civil lawsuit or have a criminal matter? What size settlement are you seeking? Lawyers who handle divorce cases may have helped someone you know, but be at a total loss as to how to help you arrange for an adoption. Figure out the reasons why you need an attorney and what you wish to accomplish before picking up the phone and calling the lawyer or law firm.
Second, most attorneys will provide a free initial consultation either over the phone or in person to learn more about the reasons you are needing the help of an attorney as well as to learn your goals in securing an attorney’s services. Consider the consultation as a time for you to learn if you feel comfortable with the personality of an individual attorney as well as to ask about fees, terms of payment, as well as possibilities for out-of-court settlement.
Thirdly, respectable law firms have internet, blogg and other form of information about themselves and their services. Please visit their website in order to obtain the information that you may be looking for pertaining the particular lawyer or law firm. Also, see if their website shows up on search engines and others.
Finally, the bar association in Texas offers a referral line to provide the names and contact information of attorneys licensed in Texas. Conversely, they will provide at least the names of some attorneys whose area of practice is best suited to your needs. As a practical matter, don’t be fooled into thinking that the best attorneys always have the biggest ads in the yellow pages. Very often the best attorneys have small listings because they have built a successful practice based on their good reputation.
If you are in need of a law firm, lawyer or attorney, please visit our website: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com/ to evaluate whether we could be a law firm for your needs. We are a General Practice Law Firm, in the San Antonio Metro Area, that handle your case with respect and dignity. Our lawyers have several areas of expertise, and are ready to take care of your legal needs. That is why we say "we care about your legal needs."
Friday, July 11, 2008
Insurance companies delaying tactics, who benefits?
Even before the Mckinsey documents were ever discovered by Plaintiff’s attorneys, insurance companies have been attempting to capitalize on the fact that–most personal injury lawyers–depend on the quick settlement of cases, in order to continue doing business. Moreover, client’s impatience sometimes may aggravate the situation. Insurance companies, knowing this facts, are notorious in stalling for time, in order to maximize their shareholder’s profit, and not necessarily their client’s (insured person) liability exposure.
This is particularly true for Personal Injury Protection (PIP) and Un-Insured Motorist claims (UM), or most commonly known as no fault claims. Because of the aforementioned practice by insurance companies, many major insurance companies in the United States could be violating the bath faith dealings with their clients. In essence, the same tactics encompassed on the Mckinsey documents.
The Mckinsey documents turned the insurance industry upside down. They're from a business consultant hired by Allstate to boost profits. The consultant suggested a new business model that critics say is now widely used to shortchange accident victims who file a claim. For instance, Allstate has changed their "good hands" to "boxing gloves" attitude. This is only in relation to paying on claims, not with their presentation to the public at large.
In the past, Insurance companies used to focus on making money by selling more policies. But McKinsey offered a way to boost the bottom line without selling more policies or raising premiums. Resent studies revealed that claims payments in general have been dropping industry-wide. Many insurers say they're not being dishonest, they're reducing fraud, which they say was once widespread. But experts say many insurance companies are feeling the competitive pressure to keep premiums down, and this is one way to do that and still make money. Like they need to make even more money!
In the end, who benefits by the tactics used by insurance companies? Insurance companies. Consumers like you and I are left sometimes to fend for ourselves because let’s face it, if the case is not worth fighting for, who is going to take on the Big Insurance Company?
Do you have a claim against an insurance company? If you do, and you are not represented by a lawyers, please contact The Baez Law Firm, P.C. We care about your legal needs, and we can guide you during this difficult time in your life. Please call us (210) 979-9777 or visit our website: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com
This is particularly true for Personal Injury Protection (PIP) and Un-Insured Motorist claims (UM), or most commonly known as no fault claims. Because of the aforementioned practice by insurance companies, many major insurance companies in the United States could be violating the bath faith dealings with their clients. In essence, the same tactics encompassed on the Mckinsey documents.
The Mckinsey documents turned the insurance industry upside down. They're from a business consultant hired by Allstate to boost profits. The consultant suggested a new business model that critics say is now widely used to shortchange accident victims who file a claim. For instance, Allstate has changed their "good hands" to "boxing gloves" attitude. This is only in relation to paying on claims, not with their presentation to the public at large.
In the past, Insurance companies used to focus on making money by selling more policies. But McKinsey offered a way to boost the bottom line without selling more policies or raising premiums. Resent studies revealed that claims payments in general have been dropping industry-wide. Many insurers say they're not being dishonest, they're reducing fraud, which they say was once widespread. But experts say many insurance companies are feeling the competitive pressure to keep premiums down, and this is one way to do that and still make money. Like they need to make even more money!
In the end, who benefits by the tactics used by insurance companies? Insurance companies. Consumers like you and I are left sometimes to fend for ourselves because let’s face it, if the case is not worth fighting for, who is going to take on the Big Insurance Company?
Do you have a claim against an insurance company? If you do, and you are not represented by a lawyers, please contact The Baez Law Firm, P.C. We care about your legal needs, and we can guide you during this difficult time in your life. Please call us (210) 979-9777 or visit our website: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com
Wednesday, July 9, 2008
Serious injuries required serious personal injury law firm
We have been telling our clients that insurance companies are obligated to produce financial gain for their stockholders. That means their bottom line—note you—are their priority. Many changes in the insurance industry have lead to minimal recovery from injuries caused by negligence. However, that is not how it should be.
At The Baez Law Firm, P.C. your case is our number one priority. The reason you need to choose The Baez Law Firm, is that we take the time to really listen to you. We’ve helped individuals and the injured, and we have a deep understanding of what you may be facing.
Remember that a team of experienced experts at The Baez Law Firm, P.C. is here to assist you. Using state of the art techniques in damage assessment and computer generated accident reconstruction, The Baez Law Firm is well-known for obtaining substantial rewards in personal injury cases.
Trucking accidents, multiple collisions, brain injury, wrongful death, motorcycle accidents are some of the many fatal injuries and catastrophes that we handle. Isn’t it nice to know that you have chosen to work with a firm that’s experienced in negotiating with insurance companies? The Baez Law Firm does have your best interest at heart, and we’re working for you only.
While we negotiate your case, your injuries will be handled by qualify physicians that will insure your prompt recovery and will work hard to bring you back where you were before your accident or injury.
So, if you have been injured by an accident, or some one's negligence, please contact The Baez Law Firm, P.C. You can call us at (210) 979-9777 or visit us at our websites:
http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com http://www.baezlaw.com to set up a free initial consultation with our lawyers.
At The Baez Law Firm, P.C. your case is our number one priority. The reason you need to choose The Baez Law Firm, is that we take the time to really listen to you. We’ve helped individuals and the injured, and we have a deep understanding of what you may be facing.
Remember that a team of experienced experts at The Baez Law Firm, P.C. is here to assist you. Using state of the art techniques in damage assessment and computer generated accident reconstruction, The Baez Law Firm is well-known for obtaining substantial rewards in personal injury cases.
Trucking accidents, multiple collisions, brain injury, wrongful death, motorcycle accidents are some of the many fatal injuries and catastrophes that we handle. Isn’t it nice to know that you have chosen to work with a firm that’s experienced in negotiating with insurance companies? The Baez Law Firm does have your best interest at heart, and we’re working for you only.
While we negotiate your case, your injuries will be handled by qualify physicians that will insure your prompt recovery and will work hard to bring you back where you were before your accident or injury.
So, if you have been injured by an accident, or some one's negligence, please contact The Baez Law Firm, P.C. You can call us at (210) 979-9777 or visit us at our websites:
http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com http://www.baezlaw.com to set up a free initial consultation with our lawyers.
Wednesday, June 25, 2008
Seriously injured car and truck accident victims
The National Highway Traffic Safety Administration stated that "every 10 seconds someone in the United States is involved in a car or truck accident." Every year, millions of people are injured in motor vehicle accidents. Conversely, motor vehicle accidents, according to a study, are the leading cause of injury in the United States for people ages 1-34. A high percentage of traffic crashes and deaths involve trucks.
Both Federal and state regulations govern trucking industries. Because of their size, crashes involving trucks are more likely to result in serious injury and death than are car crashes. Unfortunately, some of those injured in a truck crash will die. On the other hand, trucks are more likely to be involved in multiple-vehicle crashes than are passenger cars, which may create questions on liability.
It is important to know that trucking companies are required to keep records of safety equipment and driver hours and it will be necessary to find and research such records. Poor equipment and driver fatigue can be causes of such crashes, and a careful study of the trucking company records may be needed to determine if negligence has occurred.
With an ever increasing number of vehicles on the road, motor vehicle accidents still occur with alarming frequency. Factors such as alcohol may aggravate the situation. However, many states have passed tougher drunk driving laws. As a result, many lives may have been spared.
Our law firm is dedicated to representing seriously injured car and truck accident victims in the San Antonio and Bexar County area, whether the accident was caused by some one’s negligence or a product defect such as defective manufacturing or factory defective design.
If you have been seriously injured by a car or truck accident, please contact The Baez Law Firm, P.C. We are San Antonio personal injury law firm that will handle your case with respect and dignity. Please contact us (210) 979-9777 or visit our website at: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com
Both Federal and state regulations govern trucking industries. Because of their size, crashes involving trucks are more likely to result in serious injury and death than are car crashes. Unfortunately, some of those injured in a truck crash will die. On the other hand, trucks are more likely to be involved in multiple-vehicle crashes than are passenger cars, which may create questions on liability.
It is important to know that trucking companies are required to keep records of safety equipment and driver hours and it will be necessary to find and research such records. Poor equipment and driver fatigue can be causes of such crashes, and a careful study of the trucking company records may be needed to determine if negligence has occurred.
With an ever increasing number of vehicles on the road, motor vehicle accidents still occur with alarming frequency. Factors such as alcohol may aggravate the situation. However, many states have passed tougher drunk driving laws. As a result, many lives may have been spared.
Our law firm is dedicated to representing seriously injured car and truck accident victims in the San Antonio and Bexar County area, whether the accident was caused by some one’s negligence or a product defect such as defective manufacturing or factory defective design.
If you have been seriously injured by a car or truck accident, please contact The Baez Law Firm, P.C. We are San Antonio personal injury law firm that will handle your case with respect and dignity. Please contact us (210) 979-9777 or visit our website at: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com
Friday, June 20, 2008
How the economy is affecting your ability to recover for your injuries
The gas crisis, the bad economy and other factors, are playing an important part of your injury settlement with the insurance companies. Years ago, when insurance companies offered their clients Personal Injury Protection (PIP) most of them would pay their clients if they ever got involved in an accident, if they had PIP coverage. That is no longer the case. Some insurance companies now have independent third party auditors that would, in most cases, challenge the validity of medical bills, and wage losses of the clients. Therefore minimizing the recovery of your claim.
This is particularly true for major insurance companies. As businesses, insurance companies, just like any others, must keep up with the reality of inflation, economy and "the bottom line." Gas prices must be one of the reasons why, insurance companies now must try to keep most of the profits for themselves, and not pay on no-fault insurance claims, such as PIP.
PIP coverage varies depending on the State and policy. In most cases, the PIP could range from $2,500 to $10,000, depending on the type of coverage. Once an insured is injured in an accident, if they have PIP coverage, it should cover most of the medical bills and the loss wages, assuming that the insurance company pays the full policy. This is independent on who is at fault. That is why is called, no-fault insurance.
Very few insurance companies are paying on their PIP policies the full price. They would question every aspect of a bill, in order to keep more profits. Good hands policy has now become boxing gloves policy, even for no-fault insurance claims. The key operative word is "reasonableness" of the medical bills.
One of the major insurance companies that is doing this drastic change in policy is USAA. They have opted to send every PIP claim to independent, or so they say, third party auditors that would evaluate every claim. The auditors would in tern, dictate the price of the medical services offered, price the reasonableness of the services provided, and advise the insurance on how much to pay on the claim. All of this again, in order to keep more profits. It must be that the economy is affecting them as well.
If you have been in a car accident, truck accident, fatal accident, major collision, roll over, SUV roll over, motorcycle accident, car wreck, serious injury, death from an accident, broken bones, or any other injury in San Antonio, please contact our law firm. We are San Antonio personal injury lawyers, law firm, and attorneys that specialize in all aspects of personal injury for our clients. We have experienced attorneys that would handle your case with respect and dignity. That is why our motto is "we care about your legal needs!"
Visit our website: http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com/
This is particularly true for major insurance companies. As businesses, insurance companies, just like any others, must keep up with the reality of inflation, economy and "the bottom line." Gas prices must be one of the reasons why, insurance companies now must try to keep most of the profits for themselves, and not pay on no-fault insurance claims, such as PIP.
PIP coverage varies depending on the State and policy. In most cases, the PIP could range from $2,500 to $10,000, depending on the type of coverage. Once an insured is injured in an accident, if they have PIP coverage, it should cover most of the medical bills and the loss wages, assuming that the insurance company pays the full policy. This is independent on who is at fault. That is why is called, no-fault insurance.
Very few insurance companies are paying on their PIP policies the full price. They would question every aspect of a bill, in order to keep more profits. Good hands policy has now become boxing gloves policy, even for no-fault insurance claims. The key operative word is "reasonableness" of the medical bills.
One of the major insurance companies that is doing this drastic change in policy is USAA. They have opted to send every PIP claim to independent, or so they say, third party auditors that would evaluate every claim. The auditors would in tern, dictate the price of the medical services offered, price the reasonableness of the services provided, and advise the insurance on how much to pay on the claim. All of this again, in order to keep more profits. It must be that the economy is affecting them as well.
If you have been in a car accident, truck accident, fatal accident, major collision, roll over, SUV roll over, motorcycle accident, car wreck, serious injury, death from an accident, broken bones, or any other injury in San Antonio, please contact our law firm. We are San Antonio personal injury lawyers, law firm, and attorneys that specialize in all aspects of personal injury for our clients. We have experienced attorneys that would handle your case with respect and dignity. That is why our motto is "we care about your legal needs!"
Visit our website: http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com/
Friday, May 30, 2008
How much training is the police really getting?
The Metropolitan Police Act of 1829 created the first police force. These newly form policemen, were known as––the Peelers’ and Bobbies’–because their creator name was Robert Peeler. Form the inception, people has always hated them. That was because more than half of them were drunkards and improperly trained. Many cartoonist have depicted them as such. Eventually, the impact that the police had on crime, specially organized crime, has lead to the acceptance of the police force.
Today, the police force is submitted through rigorous training in order to become a cop. The famous "Police Academy." Although that is not the case for all police forces. Many Sheriff’s Departments in the Nation allow "deputies" to start a job with the department without having a licence first. For example, in Bexar County, deputies begin their careers at the jail, whether or not, the deputy has a TCLEOSE Peace Officer License. Which means that, their training, may not be as suspected by most people.
In order for the police force to work, a two prong mechanism has to be in place. Restrain and Respect. The police needs to exercise restrain in order to get respect by the people. But, how can the police show restrain, if they have not been properly trained. And vice versa, how can the people show respect, if the police force does not restrain themselves under all situations.
There needs to be psychological evaluations to all prospective policeman before they are let out in the streets. If the force has not been properly trained, or licensed, then superior officers need to supervise their cops more closely. If the police does not perform well in simulated dangerous scenarios, and do not show the proper restrain, then the police should not be allow to handle any situation on the streets.
Within the last few years, Americans have seen an increase of police mishandling of situations. What was once a simple traffic stop by a friendly policeman, has now become a nightmare. That’s because again, in most cases, police does not show the proper restrain needed to handle the situation. With great power comes great responsibility, and since some police officers are not getting the proper training, the power, and lack of restrain, is overpowering.
If you have been submitted to police maltreatment, or abuse, please contact our firm for a free initial consultation. Please call (210) 979-9777 or visit our web sites at http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com/ for an evaluation of your case. This is why we say "we care about your legal needs!"
Today, the police force is submitted through rigorous training in order to become a cop. The famous "Police Academy." Although that is not the case for all police forces. Many Sheriff’s Departments in the Nation allow "deputies" to start a job with the department without having a licence first. For example, in Bexar County, deputies begin their careers at the jail, whether or not, the deputy has a TCLEOSE Peace Officer License. Which means that, their training, may not be as suspected by most people.
In order for the police force to work, a two prong mechanism has to be in place. Restrain and Respect. The police needs to exercise restrain in order to get respect by the people. But, how can the police show restrain, if they have not been properly trained. And vice versa, how can the people show respect, if the police force does not restrain themselves under all situations.
There needs to be psychological evaluations to all prospective policeman before they are let out in the streets. If the force has not been properly trained, or licensed, then superior officers need to supervise their cops more closely. If the police does not perform well in simulated dangerous scenarios, and do not show the proper restrain, then the police should not be allow to handle any situation on the streets.
Within the last few years, Americans have seen an increase of police mishandling of situations. What was once a simple traffic stop by a friendly policeman, has now become a nightmare. That’s because again, in most cases, police does not show the proper restrain needed to handle the situation. With great power comes great responsibility, and since some police officers are not getting the proper training, the power, and lack of restrain, is overpowering.
If you have been submitted to police maltreatment, or abuse, please contact our firm for a free initial consultation. Please call (210) 979-9777 or visit our web sites at http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com/ for an evaluation of your case. This is why we say "we care about your legal needs!"
Wednesday, May 21, 2008
Glad we can help!
Recently, we posted a blog about business fraud conducted by Nigerian individuals against US Law Firms. We have received hundreds of calls from attorneys thanking us for the information and informing us that they too have been victimized.
We are encouraged by the fact that the scheme is been recognized and that other lawyers are spreading the news that these crooks need to be put in jail.
Let us remind our readers that these people from Nigeria will used any name of reputable companies in order to achieve their objectives. Regrettably, it is the name of these companies that will suffer by the actions of these crooks, as well as the law firms involved. Also, let us remind you that not all the people from Nigeria are responsible for this, it is just a selected group that have upted to defraud others by doing the wrong thing.
We urge you to share the information with other attorneys about the Nigerian plot, and that if you are aware of any activities of these nature, to contact your local authorities or the FBI.
Thankfully, we can share this information in a positive way in hopes that, we one day, can put a stop to this perpetrated fraud.
We are encouraged by the fact that the scheme is been recognized and that other lawyers are spreading the news that these crooks need to be put in jail.
Let us remind our readers that these people from Nigeria will used any name of reputable companies in order to achieve their objectives. Regrettably, it is the name of these companies that will suffer by the actions of these crooks, as well as the law firms involved. Also, let us remind you that not all the people from Nigeria are responsible for this, it is just a selected group that have upted to defraud others by doing the wrong thing.
We urge you to share the information with other attorneys about the Nigerian plot, and that if you are aware of any activities of these nature, to contact your local authorities or the FBI.
Thankfully, we can share this information in a positive way in hopes that, we one day, can put a stop to this perpetrated fraud.
Monday, May 5, 2008
Another police brutality article
We wrote an article about police brutality about one month ago, and to our surprise, we have had more clients commenting on how the police really treated them. Come to find out, all our clients have suffered from the same "police brutality syndrome." As research are getting closer to an answer pertaining to police behavior on the job, citizens continue to suffer based on the ability to the police to get away with murder before the city, or county, does anything about it.
Our latest case just happened this weekend. Our client was just minding his own business when he was stopped, beaten and incarcerated by the police. The police used the "usual" language of evading arrest, terrorist threats, and failure to follow orders when given by a police officer. How ironic that, the police who stops you and bitts you up, is the same that states that he/she felt threatened by your behavior. They use the pretext of terror in order to advance their own agenda of terror against the citizens that they are supposed to protect.
Let me remind our readers that: not all cops are corrupted! But is hard to differentiate between good cops and the crooked ones. Supposedly, cops feel pressure from the jobs as they get older and wiser on the jobs. This is why we have witness in the past year or so, so many increases of allegations of police maltreatment. This weekend alone, we know that the jails were crowded with suspected terrorist and people that the police felt had threatened their lives. That we know of, at least 5 people were beaten by police because they felt threatened. This includes man and females alike.
Makes you wonder what kind of training are these police officers getting at the academy. Nevertheless, we are supposed to continue to put up with the behavior of police officer because they feel the need to state the they were threatened by our actions. Lately, police have made more violations to our constitutional rights than ever. Maybe is time that we do something about it.
If you have been a victim of police brutality, please give us a call. We are a law firm that care about your legal needs. Call us at (210) 979-9777 or visit our website at http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation.
Our latest case just happened this weekend. Our client was just minding his own business when he was stopped, beaten and incarcerated by the police. The police used the "usual" language of evading arrest, terrorist threats, and failure to follow orders when given by a police officer. How ironic that, the police who stops you and bitts you up, is the same that states that he/she felt threatened by your behavior. They use the pretext of terror in order to advance their own agenda of terror against the citizens that they are supposed to protect.
Let me remind our readers that: not all cops are corrupted! But is hard to differentiate between good cops and the crooked ones. Supposedly, cops feel pressure from the jobs as they get older and wiser on the jobs. This is why we have witness in the past year or so, so many increases of allegations of police maltreatment. This weekend alone, we know that the jails were crowded with suspected terrorist and people that the police felt had threatened their lives. That we know of, at least 5 people were beaten by police because they felt threatened. This includes man and females alike.
Makes you wonder what kind of training are these police officers getting at the academy. Nevertheless, we are supposed to continue to put up with the behavior of police officer because they feel the need to state the they were threatened by our actions. Lately, police have made more violations to our constitutional rights than ever. Maybe is time that we do something about it.
If you have been a victim of police brutality, please give us a call. We are a law firm that care about your legal needs. Call us at (210) 979-9777 or visit our website at http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation.
Sunday, April 20, 2008
Severe head injury and epilepsy
Patients who have severe head injuries have 22 times the normal risk of having epilepsy in the year following injury and seven times the normal risk even 10 years after the initial injury, according to the results of a study. The results were presented at the 61st Annual Meeting of the American Epilepsy Society (AES) by Per Sidenius, MD, Epilepsy Epidemiology Consultant, Department of Clinical Pharmacology, University of Aarhus.
Doctors and colleagues identified 73,326 individuals with mild brain injury, 5,099 with skull fracture, and 3,850 with severe brain injury. A total of 17,470 people born within the time period had a diagnosis of epilepsy, and of these, 1,031 developed epilepsy after some form of brain injury.
Among patients with mild brain injury and those with skull fracture 1.14% and 1.5%, respectively, developed epilepsy in the 10 years following head injuries, whereas 3% of individuals with severe brain injury developed epilepsy in this time period. Although the relative risk for epilepsy with mild brain injury and skull fracture was higher in the first year following the head injury, the long-term risk was about double that of the general population [relative risk (RR) 2.22 and 2.17, respectively, with 95% confidence intervals (CI) of 2.07-2.38 and 1.73-2.71, respectively].
The relative risk for epilepsy in the year following a severe head injury was approximately 22 times the risk for the general population with an ongoing relative risk of over seven times the risk for the general population (RR 7.40, 95% CI 6.16-8.89). When the researchers examined other risk factors, they found that a family history of epilepsy resulted in an even greater long-term relative risk for individuals with all three injury types (mild brain injury RR 5.75, 95% CI 4.56-7.27, P=.03; skull fracture RR 2.71, 95% CI 0.87-8.41, P=.04; severe brain injury RR 10.09, 95% CI 4.20-24.26, P <.00001).
Anecdotal evidence of a link between head trauma and increased risk of epilepsy has been a part of epilepsy care for a long time, but doctors emphasised that this study provides an empirical basis for this link and quantifies the risk. Physicians caring for patients with severe head trauma now have the evidence to support continued evaluation and possibly prophylactic care for these patients. These results should encourage additional attention to safety among the general population. "If you prevent head injuries, for example by giving your children bicycle helmets, you are also preventing epilepsy."
If you have been injured as a result of severe injury, or if you have been misdiagnosed by a doctor for epilepsy, please contact our firm (210) 979-9777 or visit our websites http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free evaluation of your case.
Doctors and colleagues identified 73,326 individuals with mild brain injury, 5,099 with skull fracture, and 3,850 with severe brain injury. A total of 17,470 people born within the time period had a diagnosis of epilepsy, and of these, 1,031 developed epilepsy after some form of brain injury.
Among patients with mild brain injury and those with skull fracture 1.14% and 1.5%, respectively, developed epilepsy in the 10 years following head injuries, whereas 3% of individuals with severe brain injury developed epilepsy in this time period. Although the relative risk for epilepsy with mild brain injury and skull fracture was higher in the first year following the head injury, the long-term risk was about double that of the general population [relative risk (RR) 2.22 and 2.17, respectively, with 95% confidence intervals (CI) of 2.07-2.38 and 1.73-2.71, respectively].
The relative risk for epilepsy in the year following a severe head injury was approximately 22 times the risk for the general population with an ongoing relative risk of over seven times the risk for the general population (RR 7.40, 95% CI 6.16-8.89). When the researchers examined other risk factors, they found that a family history of epilepsy resulted in an even greater long-term relative risk for individuals with all three injury types (mild brain injury RR 5.75, 95% CI 4.56-7.27, P=.03; skull fracture RR 2.71, 95% CI 0.87-8.41, P=.04; severe brain injury RR 10.09, 95% CI 4.20-24.26, P <.00001).
Anecdotal evidence of a link between head trauma and increased risk of epilepsy has been a part of epilepsy care for a long time, but doctors emphasised that this study provides an empirical basis for this link and quantifies the risk. Physicians caring for patients with severe head trauma now have the evidence to support continued evaluation and possibly prophylactic care for these patients. These results should encourage additional attention to safety among the general population. "If you prevent head injuries, for example by giving your children bicycle helmets, you are also preventing epilepsy."
If you have been injured as a result of severe injury, or if you have been misdiagnosed by a doctor for epilepsy, please contact our firm (210) 979-9777 or visit our websites http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free evaluation of your case.
Friday, April 11, 2008
U.S. Law Firms, please beware.
First and foremost, we would like to take this opportunity to thank City Bank Fraud Department for preventing our firm from falling under the scheme that we are about to reveal to Law Firms all over the United States. Again, thank you!
Recently, our law firm received a proposal for business representation from Asia. We are expanding our Internet marketing, and apparently, it was working. Our first clients from the Orient had arrived with a proposal almost impossible to resist. In reality, this crooks are not from Asia, they are from Nigeria and their base of operations is Canada.
This is how their scam works. They will contact you via mail, or electronically through the firm’s website page. They will pose themselves as Asian corporations in need of representation against their clients. Their alleged name was Daechang. (This is not to say that Daechang was the company perpetrating the fraud, this was the name that the crooks used this time). We believe that they used real companies names in order to achieve their objectives. So, we conducted research, and it was all legitimate. Daechang, happens to be an Asian corporation with international clients.
According to them, they have clients all over US and their clients have delinquent accounts. They will tell you that, they have tried the same techniques in Europe with great success. So apparently, all they would need is a reputable firm (so far, our law firm fitted the profile). Our firm was to contact these American companies, in an effort to avoid litigation. The operations department from our firm sent Daechang the retainer agreement, and so the usual hourly contract was sent to the Asian corporation, and it was signed by their alleged president Mr. Si-young, cho. In most cases, our business retainer pre litigation is $25, 000.00 and our firm will not start any representation before the retainer is sent to our main office.
The next day, their president contacted us and indicated that (PCC Logistics) was ready to write a certified check for them through our law firm for the amount of $194, 000.00. They would need immediate representation from the firm, in order to help them collect from PCC Logistics. Mr. Si-young, cho instructed the PCC Logistics to send the check to the law firm, since the law firm represented them in the US.
We informed Mr. Si-young, cho that unless we received the retainer, we would not represent them; however, that same day, a certified check for the amount of $194, 000.00 arrived via Federal Express to our main office attached with an invoice from PCC Logistics. Mr. Si-young, cho had indicated that we were to subtract our retainer agreement from the $194, 000.00 and sent them the rest. Sounds familiar?
We were skeptical, so we took the alleged certified check to our bank. They informed us that "all of the right features of a certified check were present" that "we had nothing to worry about, to deposit the check in our accounts." Thank God that we decided to go to the drawee bank before depositing into our accounts. The folks at City Bank worked very hard to let us know that the check was fake.
We pray that the crooks conducting this schemes will get caught. We also pray that no other law firms in the U.S. will be affected by their fraud.
Recently, our law firm received a proposal for business representation from Asia. We are expanding our Internet marketing, and apparently, it was working. Our first clients from the Orient had arrived with a proposal almost impossible to resist. In reality, this crooks are not from Asia, they are from Nigeria and their base of operations is Canada.
This is how their scam works. They will contact you via mail, or electronically through the firm’s website page. They will pose themselves as Asian corporations in need of representation against their clients. Their alleged name was Daechang. (This is not to say that Daechang was the company perpetrating the fraud, this was the name that the crooks used this time). We believe that they used real companies names in order to achieve their objectives. So, we conducted research, and it was all legitimate. Daechang, happens to be an Asian corporation with international clients.
According to them, they have clients all over US and their clients have delinquent accounts. They will tell you that, they have tried the same techniques in Europe with great success. So apparently, all they would need is a reputable firm (so far, our law firm fitted the profile). Our firm was to contact these American companies, in an effort to avoid litigation. The operations department from our firm sent Daechang the retainer agreement, and so the usual hourly contract was sent to the Asian corporation, and it was signed by their alleged president Mr. Si-young, cho. In most cases, our business retainer pre litigation is $25, 000.00 and our firm will not start any representation before the retainer is sent to our main office.
The next day, their president contacted us and indicated that (PCC Logistics) was ready to write a certified check for them through our law firm for the amount of $194, 000.00. They would need immediate representation from the firm, in order to help them collect from PCC Logistics. Mr. Si-young, cho instructed the PCC Logistics to send the check to the law firm, since the law firm represented them in the US.
We informed Mr. Si-young, cho that unless we received the retainer, we would not represent them; however, that same day, a certified check for the amount of $194, 000.00 arrived via Federal Express to our main office attached with an invoice from PCC Logistics. Mr. Si-young, cho had indicated that we were to subtract our retainer agreement from the $194, 000.00 and sent them the rest. Sounds familiar?
We were skeptical, so we took the alleged certified check to our bank. They informed us that "all of the right features of a certified check were present" that "we had nothing to worry about, to deposit the check in our accounts." Thank God that we decided to go to the drawee bank before depositing into our accounts. The folks at City Bank worked very hard to let us know that the check was fake.
We pray that the crooks conducting this schemes will get caught. We also pray that no other law firms in the U.S. will be affected by their fraud.
Tuesday, April 1, 2008
Police brutality in Texas
Most people turn to the police for protection and safety. As citizens, we trust police officers to use their authority and training to keep us safe. Occasionally, however, some police officers use poor judgment and abuse this authority, causing harm to the very citizens they have sworn to protect, and beginning the cycle of mistrust.
If you have been a victim of police abuse you probably feel helpless and frightened. Your sense of security and right-and-wrong has been forever shattered. While the vast majority of law enforcement officers are dedicated and ethical, the officers who are not tarnish the reputation of the force as a whole, and the community suffers.
Police officers have a duty to know and abide by the limits of their position. Whether or not a crime has been committed, they have a legal responsibility to act within reason. If a crime was involved, you may feel that you have no real defense against the abuse and that taking action puts you at risk for a harsher punishment. If there was no crime, you fear for your reputation and an undeserved permanent criminal record which will follow and limit you for the rest of your life.
Not only is police brutality and misconduct an egregious violation of public trust and authority, it is also illegal, and guilty law enforcement officers can and must be held legally accountable for their crimes. Some common claims upon which police brutality or misconduct charges are built include: excessive use of force, and wrongful imprisonment.
If you have been the victim of police abuse you must act quickly. There are several things you should do right away:
1- Seek medical attention
2- File a complaint
3- Take photos of your injuries
4- Get statements from witnesses
5- Contact The Baez Law Firm
If you, or someone you know has been a victim of police brutality, contact The Baez Law Firm, P.C. at (210) 979-9777, where experienced lawyers will handle your case with respect and dignity. Visit our websites http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com We care about your legal needs!
If you have been a victim of police abuse you probably feel helpless and frightened. Your sense of security and right-and-wrong has been forever shattered. While the vast majority of law enforcement officers are dedicated and ethical, the officers who are not tarnish the reputation of the force as a whole, and the community suffers.
Police officers have a duty to know and abide by the limits of their position. Whether or not a crime has been committed, they have a legal responsibility to act within reason. If a crime was involved, you may feel that you have no real defense against the abuse and that taking action puts you at risk for a harsher punishment. If there was no crime, you fear for your reputation and an undeserved permanent criminal record which will follow and limit you for the rest of your life.
Not only is police brutality and misconduct an egregious violation of public trust and authority, it is also illegal, and guilty law enforcement officers can and must be held legally accountable for their crimes. Some common claims upon which police brutality or misconduct charges are built include: excessive use of force, and wrongful imprisonment.
If you have been the victim of police abuse you must act quickly. There are several things you should do right away:
1- Seek medical attention
2- File a complaint
3- Take photos of your injuries
4- Get statements from witnesses
5- Contact The Baez Law Firm
If you, or someone you know has been a victim of police brutality, contact The Baez Law Firm, P.C. at (210) 979-9777, where experienced lawyers will handle your case with respect and dignity. Visit our websites http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com We care about your legal needs!
Thursday, March 20, 2008
What is Personal Injury Protection (PIP)?
Personal Injury Protection (PIP) is an extension of car insurance available in Texas, which covers medical expenses and, in some cases, lost wages and other damages. PIP pays off regardless of who is at fault and is mandatory in some states, especially those with no-fault laws. PIP coverage may vary from state to state.
PIP can cover within the specified limits, the medical, hospital and funeral expenses of the insured, others in his vehicles and pedestrians struck by him. The basic coverage for the insured's own injuries on a first-party basis, without regard to fault. It is only available in certain states.
Personal injury protection insurance is an option that you can purchase when you buy automobile insurance. PIP pays for your medical expenses and your lost wages when you’re in a car accident or wreck. PIP has two important features. First, there is no subrogation interest; unlike health insurance, if you submit bills to your PIP carrier, you do not have to reimburse the PIP carrier for amounts paid when you receive a verdict or settlement that includes the same bills. And second, you can submit bills to your PIP carrier even if the bills have been paid by your health insurance.
If you have been injured in an accident, we can help. The Báez Law Firm, P.C. is here to protect your legal needs. Call us at (210) 979-9777 or visit our websited http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation. We care about your legal needs.
PIP can cover within the specified limits, the medical, hospital and funeral expenses of the insured, others in his vehicles and pedestrians struck by him. The basic coverage for the insured's own injuries on a first-party basis, without regard to fault. It is only available in certain states.
Personal injury protection insurance is an option that you can purchase when you buy automobile insurance. PIP pays for your medical expenses and your lost wages when you’re in a car accident or wreck. PIP has two important features. First, there is no subrogation interest; unlike health insurance, if you submit bills to your PIP carrier, you do not have to reimburse the PIP carrier for amounts paid when you receive a verdict or settlement that includes the same bills. And second, you can submit bills to your PIP carrier even if the bills have been paid by your health insurance.
If you have been injured in an accident, we can help. The Báez Law Firm, P.C. is here to protect your legal needs. Call us at (210) 979-9777 or visit our websited http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation. We care about your legal needs.
Saturday, March 8, 2008
Texas wrongful death claims
A wrongful death has occurred when a person is killed due to the negligence or other liability of a person or entity. Surviving beneficiaries and dependents are entitled to monetary damages in instances of wrongful death.
The Texas Legislature in 1860 enacted the original Texas Wrongful Death Statute. The Wrongful Death Act has been amended, codified and recodified over the years and is now Chapter 71 of the Texas Civil Practice and Remedies Code.The Act provides the exclusive remedy for wrongful death in Texas, compensating the decedent's spouse, parents, and children for the losses they sustained as a result of the decedent's injury and death. Tex. Civ. Prac. & Rem. Code Ann. §71.004(a).
A wrongful death action is separate and distinct from a survival action, where the individual's cause of action for injury to his health, reputation or person survives in favor of his heirs, legal representative, and estate. See Tex. Civ. Prac. & Rem. Code Ann. §71.021.
"A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person/agents or servant's wrongful act, neglect, carelessness, unskillfulness or default." Tex. Civ. Prac. & Rem. Code Ann. §71.002(b).
Suit may be brought under the Act "only if the individual injured would have been entitled to bring an action for the injury if he had lived." Tex. Civ. Prac. & Rem. Code Ann. §71.003(a). Under Texas law, plaintiffs bringing a wrongful death action are in the procedural shoes of the victim, and the defenses to victim's personal injury action are defenses to plaintiff's wrongful death claim.
The basic elements of a wrongful death claim are:
Death caused, in whole or in part, by the conduct of another person or entity.
Person or entity was negligent, or strictly liable, for victim's death
There are surviving beneficiaries or dependents
Monetary damages have resulted from individuals death.
The wrongful death action is subject to all the conditions to which decedent's action would have been subject had he or she only been injured. If a defendant to a wrongful death action dies while the suit is pending, or if an individual against whom an action could be instituted dies before the suit is filed, the individual's executor or administrator may be named as defendant in his place. Tex. Civ. Prac. & Rem. Code Ann. §71.008(a).
The surviving spouse, children and parents may bring the suit. Tex. Civ. Prac. & Rem. Code Ann. §71.004(b). If named beneficiaries do not bring an action within three (3) months of the death of the injured party, the executor or administrator of the estate shall bring the action on behalf of the beneficiaries unless instructed not to do so by all the beneficiaries. Tex. Civ. Prac. & Rem. Code Ann. §71.004(c).
A wrongful death cause of action accrues at death, if it exists at all, 2 years from death.
The two-year statute of limitations is absolute from the date of death. The so-called "discovery rule" does not apply in wrongful death and survival actions. In death cases raising limitations issues in medical malpractice claims, the courts have determined that, as between the statute of limitations for death claims, §16.003(b) of the Tex. Civ. Prac. & Rem. Code Ann., and the statute of limitations set forth in § 74.251. for health care liability claims, the latter applied.
If your love one has been killed due to the negligence of others, please give us a call (210) 979-9777 or visit our websites: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation. Because we care about your legal needs!
The Texas Legislature in 1860 enacted the original Texas Wrongful Death Statute. The Wrongful Death Act has been amended, codified and recodified over the years and is now Chapter 71 of the Texas Civil Practice and Remedies Code.The Act provides the exclusive remedy for wrongful death in Texas, compensating the decedent's spouse, parents, and children for the losses they sustained as a result of the decedent's injury and death. Tex. Civ. Prac. & Rem. Code Ann. §71.004(a).
A wrongful death action is separate and distinct from a survival action, where the individual's cause of action for injury to his health, reputation or person survives in favor of his heirs, legal representative, and estate. See Tex. Civ. Prac. & Rem. Code Ann. §71.021.
"A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person/agents or servant's wrongful act, neglect, carelessness, unskillfulness or default." Tex. Civ. Prac. & Rem. Code Ann. §71.002(b).
Suit may be brought under the Act "only if the individual injured would have been entitled to bring an action for the injury if he had lived." Tex. Civ. Prac. & Rem. Code Ann. §71.003(a). Under Texas law, plaintiffs bringing a wrongful death action are in the procedural shoes of the victim, and the defenses to victim's personal injury action are defenses to plaintiff's wrongful death claim.
The basic elements of a wrongful death claim are:
Death caused, in whole or in part, by the conduct of another person or entity.
Person or entity was negligent, or strictly liable, for victim's death
There are surviving beneficiaries or dependents
Monetary damages have resulted from individuals death.
The wrongful death action is subject to all the conditions to which decedent's action would have been subject had he or she only been injured. If a defendant to a wrongful death action dies while the suit is pending, or if an individual against whom an action could be instituted dies before the suit is filed, the individual's executor or administrator may be named as defendant in his place. Tex. Civ. Prac. & Rem. Code Ann. §71.008(a).
The surviving spouse, children and parents may bring the suit. Tex. Civ. Prac. & Rem. Code Ann. §71.004(b). If named beneficiaries do not bring an action within three (3) months of the death of the injured party, the executor or administrator of the estate shall bring the action on behalf of the beneficiaries unless instructed not to do so by all the beneficiaries. Tex. Civ. Prac. & Rem. Code Ann. §71.004(c).
A wrongful death cause of action accrues at death, if it exists at all, 2 years from death.
The two-year statute of limitations is absolute from the date of death. The so-called "discovery rule" does not apply in wrongful death and survival actions. In death cases raising limitations issues in medical malpractice claims, the courts have determined that, as between the statute of limitations for death claims, §16.003(b) of the Tex. Civ. Prac. & Rem. Code Ann., and the statute of limitations set forth in § 74.251. for health care liability claims, the latter applied.
If your love one has been killed due to the negligence of others, please give us a call (210) 979-9777 or visit our websites: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation. Because we care about your legal needs!
Texas wrongful death actions
A wrongful death has occurred when a person is killed due to the negligence or other liability of a person or entity. Surviving beneficiaries and dependents are entitled to monetary damages in instances of wrongful death. The Texas Legislature in 1860 enacted the original Texas Wrongful Death Statute. The Wrongful Death Act has been amended, codified and recodified over the years and is now Chapter 71 of the Texas Civil Practice and Remedies Code.
The Act provides the exclusive remedy for wrongful death in Texas, compensating the decedent, spouse, parents, and children for the losses they sustained as a result of the decedent's injury and death. Tex. Civ. Prac. & Rem. Code Ann. §71.004(a).
A wrongful death action is separate and distinct from a survival action, where the individual's cause of action for injury to his health, reputation or person survives in favor of his heirs, legal representative, and estate. See Tex. Civ. Prac. & Rem. Code Ann. §71.021.
"A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person/agent or servant's wrongful act, neglect, carelessness, unskillfulness or default." Tex. Civ. Prac. & Rem. Code Ann. §71.002(b).
Suit may be brought under the Act "only if the individual injured would have been entitled to bring an action for the injury if he had lived." Tex. Civ. Prac. & Rem. Code Ann. §71.003(a). Under Texas law, plaintiffs bringing a wrongful death action are in the procedural shoes of the victim, and the defenses to victim's personal injury action are defenses to plaintiff's wrongful death claim.
The basic elements of a wrongful death claim are:
Death caused, in whole or in part, by the conduct of another person or entity.
Person or entity was negligent, or strictly liable, for victim's death
There are surviving beneficiaries or dependents
Monetary damages have resulted from individuals death.
The wrongful death action is subject to all the conditions to which decedent's action would have been subject had he or she only been injured. If a defendant to a wrongful death action dies while the suit is pending, or if an individual against whom an action could be instituted dies before the suit is filed, the individual's executor or administrator may be named as defendant in his place. Tex. Civ. Prac. & Rem. Code Ann. §71.008(a).
The surviving spouse, children and parents may bring the suit. Tex. Civ. Prac. & Rem. Code Ann. §71.004(b). If named beneficiaries do not bring an action within three (3) months of the death of the injured party, the executor or administrator of the estate shall bring the action on behalf of the beneficiaries unless instructed not to do so by all the beneficiaries. Tex. Civ. Prac. & Rem. Code Ann. §71.004(c).
A wrongful death cause of action accrues at death, if it exists at all, 2 years from death.
The two-year statute of limitations is absolute from the date of death. The so-called "discovery rule" does not apply in wrongful death and survival actions. In death cases raising limitations issues in medical malpractice claims, the courts have determined that, as between the statute of limitations for death claims, §16.003(b) of the Tex. Civ. Prac. & Rem. Code Ann., and the statute of limitations set forth in § 74.251. for health care liability claims, the latter applied.
The Act provides the exclusive remedy for wrongful death in Texas, compensating the decedent, spouse, parents, and children for the losses they sustained as a result of the decedent's injury and death. Tex. Civ. Prac. & Rem. Code Ann. §71.004(a).
A wrongful death action is separate and distinct from a survival action, where the individual's cause of action for injury to his health, reputation or person survives in favor of his heirs, legal representative, and estate. See Tex. Civ. Prac. & Rem. Code Ann. §71.021.
"A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person/agent or servant's wrongful act, neglect, carelessness, unskillfulness or default." Tex. Civ. Prac. & Rem. Code Ann. §71.002(b).
Suit may be brought under the Act "only if the individual injured would have been entitled to bring an action for the injury if he had lived." Tex. Civ. Prac. & Rem. Code Ann. §71.003(a). Under Texas law, plaintiffs bringing a wrongful death action are in the procedural shoes of the victim, and the defenses to victim's personal injury action are defenses to plaintiff's wrongful death claim.
The basic elements of a wrongful death claim are:
Death caused, in whole or in part, by the conduct of another person or entity.
Person or entity was negligent, or strictly liable, for victim's death
There are surviving beneficiaries or dependents
Monetary damages have resulted from individuals death.
The wrongful death action is subject to all the conditions to which decedent's action would have been subject had he or she only been injured. If a defendant to a wrongful death action dies while the suit is pending, or if an individual against whom an action could be instituted dies before the suit is filed, the individual's executor or administrator may be named as defendant in his place. Tex. Civ. Prac. & Rem. Code Ann. §71.008(a).
The surviving spouse, children and parents may bring the suit. Tex. Civ. Prac. & Rem. Code Ann. §71.004(b). If named beneficiaries do not bring an action within three (3) months of the death of the injured party, the executor or administrator of the estate shall bring the action on behalf of the beneficiaries unless instructed not to do so by all the beneficiaries. Tex. Civ. Prac. & Rem. Code Ann. §71.004(c).
A wrongful death cause of action accrues at death, if it exists at all, 2 years from death.
The two-year statute of limitations is absolute from the date of death. The so-called "discovery rule" does not apply in wrongful death and survival actions. In death cases raising limitations issues in medical malpractice claims, the courts have determined that, as between the statute of limitations for death claims, §16.003(b) of the Tex. Civ. Prac. & Rem. Code Ann., and the statute of limitations set forth in § 74.251. for health care liability claims, the latter applied.
Monday, March 3, 2008
Something about the presidential candidates
Sen. Barack Obama's name could well come up in the trial of his longtime friend and accused Illinois fixer Tony Rezko, according to Chicago lawyers following the case.
Even before Barack Obama graduated from law school, his career as a lawyer and politician was nurtured by a Chicago businessman named Tony Rezko. Now Senator Obama avoids discussing Rezko.The most recent public appearance of the once-dapper businessman was in a federal court, unshaven, wearing an orange jumpsuit and constrained by leg irons.
Senator Obama hopes to beat Hillary Clinton in this week's Texas and Ohio primaries, victories that may ensure his nomination for president. At the same time, prosecutors and defence lawyers are expected to be in a Chicago courtroom selecting a jury to decide Rezko's fate.
In a high-profile corruption case, Rezko is accused of extortion for peddling influence in the administration of the Democratic Governor, Rod Blagojevich. The trial could last until June, over four critical months in Senator Obama's presidential campaign. His campaign aides know Rezko will be a distraction but do not believe it will have serious impact.
"Rezko has been a friend and supporter [of Obama's], as he has been with many politicians," said Senator Obama's chief strategist, David Axelrod. "It's always easy in retrospect to say this or that should have been a warning flag."Mr Blagojevich, believed to be a subject of the investigation though he is not charged, denies wrongdoing. Senator Obama is not implicated. But the US District judge Amy St Eve made it likely that Senator Obama's name would come up in court by ruling that prosecutors may introduce evidence that Rezko used straw donors to make donations to politicians, apparently including Senator Obama.
In a debate in January, Senator Clinton jabbed Senator Obama over his legal representation of Rezko "in his slum landlord business in inner-city Chicago". Senator Obama said the characterisation was not accurate.Senator Obama had represented the non-profit Woodlawn Preservation and Investment Corp, founded by Bishop Arthur Brazier of the Apostolic Church of God.
Woodlawn was a partner of Rezko in four low-income housing projects. In 1994 Senator Obama represented Woodlawn on a troubled project it later shared with Rezko.The city of Chicago sued, alleging Woodlawn failed to provide tenants with heat in the winter, and Senator Obama represented the landlord in court.
In 1975, a 27-year-old Hillary Rodham, acting as a court-appointed attorney, attacked the credibility of a 12-year-old girl in mounting an aggressive defense for an indigent client accused of rape in Arkansas — using her child development background to help the defendant....
In her 2003 autobiography "Living History," Clinton writes that she initially balked at the assignment, but eventually secured a lenient plea deal for Taylor after a New York-based forensics expert she hired "cast doubt on the evidentiary value of semen and blood samples collected by the sheriff's office."...
"She was vigorously advocating for her client. What she did was appropriate," said Andrew Schepard, director of Hofstra Law School's Center for Children, Families and the Law. "He was lucky to have her as a lawyer ... In terms of what's good for the little girl? It would have been hell on the victim. But that wasn't Hillary's problem."...
Presidential contender John McCain has a lawyer joke that he routinely tells when he is on the stump, the Wall Street Journal Law Blog reports.The well-known—and rather old—joke goes like this:What is the difference between a catfish and a lawyer? One is a scum-sucking bottom dweller. The other is a fish.
McCain also told the joke on the Tonight Show. When asked to comment, McCain spokeswoman Jill Hazelbaker simply told the blog, “It’s a joke.”The blog’s comments section included several more jokes, including this one:A junior partner at a national law firm dies in an accident. He meets St. Peter at the pearly gates and protests, “This has to be a mistake, I’m only 35 years old.”St. Peter replies, “No mistake. According to your billing diaries, you’re 110.”
Huckabee was born in Hope, Arkansas, to Mae Elder (1925-1999) and Dorsey Wiles Huckabee (1923-1996), both natives of Hope. His surname is of English origin. His father worked as a fireman and mechanic, and his mother worked as a clerk at a gas company. His father was a strict disciplinarian, and left a lasting impression. Speaking to Charles Gibson of ABC News, he explained with a grin: "My father was the ultimate patriot. You know, he’d lay on the stripes, and I’d see stars."
Huckabee's first job, at 14, was working at a radio station where he would read the news and weather. He was elected Governor of Arkansas Boys State in 1972 and is a Hugh O'Brian Youth Leadership Alumnus. He was president of Hope High School in 1973. He has one sister who is a middle school teacher.Huckabee married his wife, Janet McCain, on May 25, 1974. He graduated magna cum laudefrom Ouachita Baptist University, completing his bachelor's degree in Religion in 2½ years before attending Southwestern Baptist Theological Seminary in Fort Worth, Texas, where he dropped out after one year.
He has two honorary doctoral degrees: a Doctor of Humane Letters, received from John Brown University in 1991, and a Doctor of Laws from Ouachita Baptist University in 1992.
The Baez Law Firm does not endorse any political candidates or their campains. This information is for public use and may be disseminated as needed. If you need to talk to an attorney, please contact us at (210) 979-9777 or visit our websites http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation.
Even before Barack Obama graduated from law school, his career as a lawyer and politician was nurtured by a Chicago businessman named Tony Rezko. Now Senator Obama avoids discussing Rezko.The most recent public appearance of the once-dapper businessman was in a federal court, unshaven, wearing an orange jumpsuit and constrained by leg irons.
Senator Obama hopes to beat Hillary Clinton in this week's Texas and Ohio primaries, victories that may ensure his nomination for president. At the same time, prosecutors and defence lawyers are expected to be in a Chicago courtroom selecting a jury to decide Rezko's fate.
In a high-profile corruption case, Rezko is accused of extortion for peddling influence in the administration of the Democratic Governor, Rod Blagojevich. The trial could last until June, over four critical months in Senator Obama's presidential campaign. His campaign aides know Rezko will be a distraction but do not believe it will have serious impact.
"Rezko has been a friend and supporter [of Obama's], as he has been with many politicians," said Senator Obama's chief strategist, David Axelrod. "It's always easy in retrospect to say this or that should have been a warning flag."Mr Blagojevich, believed to be a subject of the investigation though he is not charged, denies wrongdoing. Senator Obama is not implicated. But the US District judge Amy St Eve made it likely that Senator Obama's name would come up in court by ruling that prosecutors may introduce evidence that Rezko used straw donors to make donations to politicians, apparently including Senator Obama.
In a debate in January, Senator Clinton jabbed Senator Obama over his legal representation of Rezko "in his slum landlord business in inner-city Chicago". Senator Obama said the characterisation was not accurate.Senator Obama had represented the non-profit Woodlawn Preservation and Investment Corp, founded by Bishop Arthur Brazier of the Apostolic Church of God.
Woodlawn was a partner of Rezko in four low-income housing projects. In 1994 Senator Obama represented Woodlawn on a troubled project it later shared with Rezko.The city of Chicago sued, alleging Woodlawn failed to provide tenants with heat in the winter, and Senator Obama represented the landlord in court.
In 1975, a 27-year-old Hillary Rodham, acting as a court-appointed attorney, attacked the credibility of a 12-year-old girl in mounting an aggressive defense for an indigent client accused of rape in Arkansas — using her child development background to help the defendant....
In her 2003 autobiography "Living History," Clinton writes that she initially balked at the assignment, but eventually secured a lenient plea deal for Taylor after a New York-based forensics expert she hired "cast doubt on the evidentiary value of semen and blood samples collected by the sheriff's office."...
"She was vigorously advocating for her client. What she did was appropriate," said Andrew Schepard, director of Hofstra Law School's Center for Children, Families and the Law. "He was lucky to have her as a lawyer ... In terms of what's good for the little girl? It would have been hell on the victim. But that wasn't Hillary's problem."...
Presidential contender John McCain has a lawyer joke that he routinely tells when he is on the stump, the Wall Street Journal Law Blog reports.The well-known—and rather old—joke goes like this:What is the difference between a catfish and a lawyer? One is a scum-sucking bottom dweller. The other is a fish.
McCain also told the joke on the Tonight Show. When asked to comment, McCain spokeswoman Jill Hazelbaker simply told the blog, “It’s a joke.”The blog’s comments section included several more jokes, including this one:A junior partner at a national law firm dies in an accident. He meets St. Peter at the pearly gates and protests, “This has to be a mistake, I’m only 35 years old.”St. Peter replies, “No mistake. According to your billing diaries, you’re 110.”
Huckabee was born in Hope, Arkansas, to Mae Elder (1925-1999) and Dorsey Wiles Huckabee (1923-1996), both natives of Hope. His surname is of English origin. His father worked as a fireman and mechanic, and his mother worked as a clerk at a gas company. His father was a strict disciplinarian, and left a lasting impression. Speaking to Charles Gibson of ABC News, he explained with a grin: "My father was the ultimate patriot. You know, he’d lay on the stripes, and I’d see stars."
Huckabee's first job, at 14, was working at a radio station where he would read the news and weather. He was elected Governor of Arkansas Boys State in 1972 and is a Hugh O'Brian Youth Leadership Alumnus. He was president of Hope High School in 1973. He has one sister who is a middle school teacher.Huckabee married his wife, Janet McCain, on May 25, 1974. He graduated magna cum laudefrom Ouachita Baptist University, completing his bachelor's degree in Religion in 2½ years before attending Southwestern Baptist Theological Seminary in Fort Worth, Texas, where he dropped out after one year.
He has two honorary doctoral degrees: a Doctor of Humane Letters, received from John Brown University in 1991, and a Doctor of Laws from Ouachita Baptist University in 1992.
The Baez Law Firm does not endorse any political candidates or their campains. This information is for public use and may be disseminated as needed. If you need to talk to an attorney, please contact us at (210) 979-9777 or visit our websites http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation.
Friday, February 29, 2008
The newest member of our law firm
The Baez Law Firm, P.C. welcomes its newest member Richard G. Fowler to the firm. Mr. Fowler comes to us from Miami, Florida where he was a litigator. He is licensed in all Florida and Texas's courts, which will increase the ability of the firm to represent clients throughout the nation.
Richard Fowler is married and has one child. Richard was picked from a catalog by the firm and by his wife (story soon to follow). Mr. Fowler is a devoted father and a counselor at law. We are proud to bring him on board as a valuable asset to the firm. Our clients will surely benefit from his expertise and charisma.
By adding Mr. Fowler to the firm, we will be able to provide for our client needs even more. The Baez Law Firm, P.C. is truly a general practice law firm, with specialties on personal injury, business law, criminal law, consumer law, and family law.
Mr. Fowler is another reason why we say that: "we care about your legal needs." If you have been injured, please contact us at (210) 979-9777 or visit our websites http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation with an experienced lawyer.
Richard Fowler is married and has one child. Richard was picked from a catalog by the firm and by his wife (story soon to follow). Mr. Fowler is a devoted father and a counselor at law. We are proud to bring him on board as a valuable asset to the firm. Our clients will surely benefit from his expertise and charisma.
By adding Mr. Fowler to the firm, we will be able to provide for our client needs even more. The Baez Law Firm, P.C. is truly a general practice law firm, with specialties on personal injury, business law, criminal law, consumer law, and family law.
Mr. Fowler is another reason why we say that: "we care about your legal needs." If you have been injured, please contact us at (210) 979-9777 or visit our websites http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation with an experienced lawyer.
Tuesday, February 26, 2008
Roof Crush Injury
Roof crush injury risks are higher in vehicles with a greater propensity to roll over. Because they are taller and narrower, SUVs, or sports utility vehicles, are three times more likely to roll over in an accident than are other passenger cars. In 1973, the government passed Federal Motor Vehicle Safety Standard 216, creating a standard roof strength test to measure the integrity of roof structure in motor vehicles. This test was to apply to motor vehicles weighing six thousand pounds or less. Many SUVs weigh more than this, and are therefore exempt from compulsory safety standards that may be crucial to preventing roof crush injury. In light of SUV roof crush injury risks, consumer advocacy groups have urged the federal government to modify standards so that they include any vehicle weighing ten thousand pounds or less.
Roof pillars appear strong to the average consumer, but most of them consist of just sheet metal that is hollow on the inside at the cross sections. When an accident occurs involving roof structures with a filled inner space, the outcome has been shown to be safer due to a lesser amount of roof crush. Pillars filled with high-density foam can reduce the severity of a roof crush significantly, saving lives and reducing serious injuries. Overall, federal safety standards fail to provide roof strength requirements that adequately protect people from suffering roof crush injury in a rollover automobile accident. Despite federal standards, many vehicle roofs will easily crush a foot or more during a rollover accident. More stringent testing standards and minimum industry safety standards must be employed if the government hopes to adequately protect people from sustaining serious roof crush injury in automobile accidents.
The sport utility vehicle (SUV) has the highest rate of death in rollover accidents. According to government tests, SUV rollovers are almost three times more likely to occur than in the average passenger car, and the most stable SUV is still more unstable than the most unstable car. In 2002, nearly 11,000 people died in rollover accidents, 61 percent of which occurred in SUVs. With the number of people killed in SUV rollovers increasing by 14 percent per year, consumers should be aware of the risks SUVs pose to their families. Even more alarming than the rising rollover statistics is the withholding of rollover information by the government and auto manufacturers.
Though the number of SUV rollover fatalities continues to escalate, but SUVs are not being manufactured to better resist rollover crashes. Not a single SUV earned the federal agency's highest safety rating, according to an NHTSA report in the past. However, SUV consumption has increased: SUV popularity created a large increase in sales in the 1990s, and because of high consumer demand for these cars, car makers continue to manufacture SUVs. Because the vehicle has changed from simply being an off-road vehicle to a replacement for the family station wagon, manufacturers removed the roll bar that protects drivers and passengers in a rollover situation from SUVs. Many SUV rollover accidents occur because of the unusual propensity the large car has to roll over when steered hard in foreseeable accident avoidance maneuvers. Also, the size and height of an SUV may increase the danger of rollovers. SUV defects, like weak roofs and safety restraint system failures, are some of the heightened risks involved in an SUV rollover situation.
Roof crush injury is most often the result of rollover automobile accidents. Roof crush injuries kill 10,000 people every year. Vehicle design is supposed to depend on a structural support system that creates a "survival space" that protects car occupants in a crash from injury due to roof crush. When a vehicle does not have the proper roof pillar strength, it will cause the roof to cave into the passenger compartment during an accident. A weak roof makes a vehicle defective, and roof crushes can cause serious and fatal injuries, including disabling brain and spinal injuries.
Safe roof structure designs have been documented from as early as the 1930s. Vehicles with the safety features mentioned above would reduce the number of roof crush accidents. Despite the availability of safer designs and structures, manufacturers claim it is the force of the impact that leads to injuries and death, notwithstanding the fact that the relationship between rollover crashes and injuries from roof crush was observed and noted as early as 1932. Safe roofs are equipped with strong roof pillars and full-length closed sections, windshield headers and side sections, internal baffle plates, strong tubular cross-members, and reinforcing gussets at the connections. Some use rigid foam within the tubular cross-members to help strengthen the structure. These different safety precautions can significantly minimize the fatal results of roof crush.
Though rollover accidents are regarded as highly survivable events, the integrity of a vehicle's roof structure during impact is crucial. Windshield reinforcement is a critical component of vehicle design: when a windshield is destroyed in the course of an accident, the strength of the roof is instantly reduced by 33 percent. As a result, roof crush injuries are often extremely serious. Common roof crush injuries include neck fractures and other spinal injuries. Sometimes a brain injury may result from the roof crushing in on the vehicle occupant. These head and neck injuries can also cause paraplegia, quadriplegia, or other life-altering conditions.
If you have suffered injury due to a roof crush car crash, you may be eligible for monetary compensation due to faulty automobile design. The Baez Law Firm, P.C. is here to help. Contact us at (210) 979-9777 or visit our websites: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free confidential consultation with an experienced attorney. We care about your legal needs!
Roof pillars appear strong to the average consumer, but most of them consist of just sheet metal that is hollow on the inside at the cross sections. When an accident occurs involving roof structures with a filled inner space, the outcome has been shown to be safer due to a lesser amount of roof crush. Pillars filled with high-density foam can reduce the severity of a roof crush significantly, saving lives and reducing serious injuries. Overall, federal safety standards fail to provide roof strength requirements that adequately protect people from suffering roof crush injury in a rollover automobile accident. Despite federal standards, many vehicle roofs will easily crush a foot or more during a rollover accident. More stringent testing standards and minimum industry safety standards must be employed if the government hopes to adequately protect people from sustaining serious roof crush injury in automobile accidents.
The sport utility vehicle (SUV) has the highest rate of death in rollover accidents. According to government tests, SUV rollovers are almost three times more likely to occur than in the average passenger car, and the most stable SUV is still more unstable than the most unstable car. In 2002, nearly 11,000 people died in rollover accidents, 61 percent of which occurred in SUVs. With the number of people killed in SUV rollovers increasing by 14 percent per year, consumers should be aware of the risks SUVs pose to their families. Even more alarming than the rising rollover statistics is the withholding of rollover information by the government and auto manufacturers.
Though the number of SUV rollover fatalities continues to escalate, but SUVs are not being manufactured to better resist rollover crashes. Not a single SUV earned the federal agency's highest safety rating, according to an NHTSA report in the past. However, SUV consumption has increased: SUV popularity created a large increase in sales in the 1990s, and because of high consumer demand for these cars, car makers continue to manufacture SUVs. Because the vehicle has changed from simply being an off-road vehicle to a replacement for the family station wagon, manufacturers removed the roll bar that protects drivers and passengers in a rollover situation from SUVs. Many SUV rollover accidents occur because of the unusual propensity the large car has to roll over when steered hard in foreseeable accident avoidance maneuvers. Also, the size and height of an SUV may increase the danger of rollovers. SUV defects, like weak roofs and safety restraint system failures, are some of the heightened risks involved in an SUV rollover situation.
Roof crush injury is most often the result of rollover automobile accidents. Roof crush injuries kill 10,000 people every year. Vehicle design is supposed to depend on a structural support system that creates a "survival space" that protects car occupants in a crash from injury due to roof crush. When a vehicle does not have the proper roof pillar strength, it will cause the roof to cave into the passenger compartment during an accident. A weak roof makes a vehicle defective, and roof crushes can cause serious and fatal injuries, including disabling brain and spinal injuries.
Safe roof structure designs have been documented from as early as the 1930s. Vehicles with the safety features mentioned above would reduce the number of roof crush accidents. Despite the availability of safer designs and structures, manufacturers claim it is the force of the impact that leads to injuries and death, notwithstanding the fact that the relationship between rollover crashes and injuries from roof crush was observed and noted as early as 1932. Safe roofs are equipped with strong roof pillars and full-length closed sections, windshield headers and side sections, internal baffle plates, strong tubular cross-members, and reinforcing gussets at the connections. Some use rigid foam within the tubular cross-members to help strengthen the structure. These different safety precautions can significantly minimize the fatal results of roof crush.
Though rollover accidents are regarded as highly survivable events, the integrity of a vehicle's roof structure during impact is crucial. Windshield reinforcement is a critical component of vehicle design: when a windshield is destroyed in the course of an accident, the strength of the roof is instantly reduced by 33 percent. As a result, roof crush injuries are often extremely serious. Common roof crush injuries include neck fractures and other spinal injuries. Sometimes a brain injury may result from the roof crushing in on the vehicle occupant. These head and neck injuries can also cause paraplegia, quadriplegia, or other life-altering conditions.
If you have suffered injury due to a roof crush car crash, you may be eligible for monetary compensation due to faulty automobile design. The Baez Law Firm, P.C. is here to help. Contact us at (210) 979-9777 or visit our websites: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free confidential consultation with an experienced attorney. We care about your legal needs!
Wednesday, February 20, 2008
Strong Religious Beliefs and Jurors
A guide for trial lawyers advises them to be wary of Americans with "extreme attitudes about personal responsibility" when selecting jurors in personal injury lawsuits. The author of the guide says such jurors typically "espouse traditional family values" and often "have strong religious beliefs."David Wenner is a trial lawyer and nationally recognized expert in identifying alleged biases in potential jurors. The Association of Trial Lawyers of America (ATLA) named the former psychotherapist co-chairman of its "Blue Ribbon Committee on Juror Bias" and included a chapter on the topic written by him in ATLA's Litigating Tort Cases , the industry's guide to winning product liability, medical malpractice and other personal injury lawsuits.
In his writing, Wenner accuses those who support tort reform of "stealing" the message of personal responsibility from plaintiffs in personal injury lawsuits. Because of the existence of a "personal responsibility bias" among many jurors, he suggests, "reframing personal responsibility as the plaintiff's message." But some jurors, Wenner believes, are more difficult to convince than others."It is helpful to divide the jurors into two groups: the personal responsibility group and compassion-altruistic group," Wenner wrote. "Jurors who are extreme on the personal responsibility bias, or who have a high need for personal responsibility, will strongly favor the defendant. In contrast, jurors who are extreme on the compassionate-altruistic bias, or who have a high need for compassion, will strongly favor the plaintiff."Based on his research, jurors who believe in moral absolutes tend to have what Wenner called a "personal responsibility bias."The personal responsibility juror tends to see the world with bright line rules on how people should act," Wenner wrote. "People should be self-reliant, responsible, and self-disciplined. When people act irresponsibly and are not self-disciplined, there are consequences. People must be accountable for their conduct."Such jurors, Wenner believes, are likely to question whether the plaintiff could have done something to avoid the injury they suffered."The motto of these jurors is that if a person is committed to personal responsibility, then he or she must first accept blame before blaming others. That means playing the blame game is unacceptable if the plaintiff was in the best position to avoid the injury," Wenner wrote. "If the plaintiff has not been completely responsible, do not expect the personal responsibility jurors to find for the plaintiff, even though the plaintiff may have been only partially at fault."Potential jurors "who hold extreme attitudes about personal responsibility," Wenner found, also tend to share a common belief system."The personal responsibility jurors tend to espouse traditional family values," Wenner continued. "Personal responsibility jurors often believe that when someone harms you,the best response is to turn the other cheek.
A lawsuit is viewed as revenge and unproductive ... often, these jurors have strong religious beliefs."If such a "bias" appears insurmountable, Wenner suggests that the plaintiff's attorney take decisive action before it's too late. "The only solution is to identify these jurors during voir dire and exclude them from the jury," Wenner concluded. Voir dire is an archaic French term for questioning potential jurors.Rob Boston, spokesman for the liberal advocacy group Americans United for Separation of Church and State is troubled by Wenner's inclusion of religion in his profile of "personal responsibility jurors.""Certainly a good lawyer will try to ferret out any evidence of prejudice, whether it's religious prejudice or racial prejudice, prejudice against women, whatever, that's legitimate," Boston said. "But, for a lawyer to simply assume that certain religious beliefs will dictate certain behaviors is naive and I think it does a disservice to our legal system."
Boston believes many potential jurors would react negatively if they were aware that their religious beliefs were being evaluated as factors in determining their fitness to decide a case."Although I know jury duty isn't the most favorite pastime of the American people," Boston explained, "I think a lot of folks would be pretty angry if they felt that they were being summarily excluded because of what they believe or don't believe about God."Todd Young serves as policy director for the Southeastern Legal Foundation, a conservative public interest law firm. He called the prospect of even considering potential jurors' religious views "incredibly dangerous."There used to be, many years ago and to the great shame of this nation, the exclusion of minorities and women from juries. That has since been found unconstitutional and rightly so," Young recalled. "It's beyond bold that the trial lawyers' association or people speaking on their behalf would suggest [eliminating] people of faith from juries."That is akin to saying, 'there's a black person, strike them [from the jury pool] because they're black,' or 'there's a woman, strike her because she's a woman,'" Young said. "[Will they say,] 'There's a Christian,' or 'there's a Jew' or 'there's a Muslim,' strike them because they're Christian or Jewish or Muslim? It's incredibly dangerous."
In an interview with CNSNews.com , Wenner insisted that discriminating against people of faith has never been his intention."That's exactly the opposite of what I was suggesting. In fact, my mother would be really upset that she spent all that money on bar mitzvah lessons for me if that's what I had meant," Wenner said, laughing.The goal of identifying potential juror "bias" based on religious beliefs, Wenner said, is to insure that people of faith avoid what he believes in an unfair crisis of conscience when their religious teaching contradicts secular law."You are now asking that person to make a choice between their religious beliefs and the laws that exist in your specific state," Wenner explained. "Why should they have to be put in that position?"The psychotherapist-turned-trial lawyer said if such a conflict becomes apparent while interviewing potential jurors, he acknowledges it."I say, 'you know, Mr. So-and-so' or 'Ms. So-and-so, that's perfectly okay to have that belief.
You have every right to believe that and to think that and, from your standpoint, it may be the right way to believe. That's okay,'" Wenner said. "I say, 'but, because of how you feel, Ms. So-and-so, don't you think it would be better for you, and for this plaintiff who has a right to bring this case, for you to sit on ... a different type of case where it doesn't ask you to choose between what the civil justice system says is allowed and your religious beliefs?'"His job during the pre-trial process, Wenner explained, is "to pick a jury that is going to start the case and give each side a fair hearing on the evidence without too many prejudgments influencing the decision-making process."That does not mean, Wenner stressed, that plaintiffs' attorneys should have any less respect for potential jurors with deeply held religious beliefs."Lawyers shouldn't vilify jurors or be suspicious of them because of their beliefs," Wenner said. "On the contrary, I teach [attorneys] to accept [jurors] where they are and to use those [beliefs] to help [jurors] understand the world they live in, so [attorneys] can better communicate with [jurors] rather than trying to change them."Mario Mandina is chief executive officer of the National Lawyers Association (NLA), which bills itself as "a national bar association, organized to improve the image of the legal profession, to advance legal institutions and respect for the law, and to educate the public on such matters." The group has become a refuge for conservative attorneys displeased with the liberal positions often taken by ATLA and the American Bar Association (ABA).
While Mandina understands that people of faith might be offended by Wenner's advice, he said the principles are not as controversial as many might believe."If you're going to put out a book to tell lawyers to pick good juries to get you money for your clients, you've got to tell them the truth," Mandina allowed. "Unless it was derogatory, I couldn't fault somebody. If you're going to do that, you'd better do it right, or you'll get sued. You couldn't ignore the obvious."Mandina explained that the primary duty of a lawyer is to represent his or her client "within the bounds of the rules of ethics."As an officer of the court, he or she is empowered or expected to notify the court of any violations of the code of ethics and not to present perjured testimony," Mandina said. "If it crosses that, you've got a duty [to report it]. But say it doesn't cross it? Say it just gives you a choice between an extremely liberal panel or an extremely conservative panel? No lawyer worth his salt would ignore those factors."But the duty to one's client would be no excuse, Mandina said, for attorneys to make sweeping generalizations about people of faith serving on juries. Mandina is concerned that some trial lawyers are moving in that direction."They may start asking questions like, 'Do you believe in the Ten Commandments?'
Someday, the way this country's going and, if you raise your hand, you would be automatically excluded," Mandina speculated. "If you can't set aside, for example, your personal views of Christianity - which no true Christian could do - then you'll be excluded from the panel. Those days are coming if things don't change in this country."Wenner agreed that jurors should not be excluded merely for their religion. But he still contends that there are some potential jurors who will not or cannot work within the system."There are a lot of people out there who have very, very, very strong feelings about the jury system today, who can't be fair because of their beliefs," Wenner claimed. "That presents a problem for the trial lawyer."The attorney's goal, Wenner contended, should not be to stack a jury in favor of his or her client, but to strive for an objective hearing for their side of the case."I'm not asking for a biased jury and I'm not teaching people how to get a biased jury. I would not want to see other people teaching [attorneys] how to manipulate a jury," Wenner said. "All I'm asking for is a fair jury."
If you have been injured in an accident contact the baez law firm: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com we offer free initial consultation. We care about your legal needs!
In his writing, Wenner accuses those who support tort reform of "stealing" the message of personal responsibility from plaintiffs in personal injury lawsuits. Because of the existence of a "personal responsibility bias" among many jurors, he suggests, "reframing personal responsibility as the plaintiff's message." But some jurors, Wenner believes, are more difficult to convince than others."It is helpful to divide the jurors into two groups: the personal responsibility group and compassion-altruistic group," Wenner wrote. "Jurors who are extreme on the personal responsibility bias, or who have a high need for personal responsibility, will strongly favor the defendant. In contrast, jurors who are extreme on the compassionate-altruistic bias, or who have a high need for compassion, will strongly favor the plaintiff."Based on his research, jurors who believe in moral absolutes tend to have what Wenner called a "personal responsibility bias."The personal responsibility juror tends to see the world with bright line rules on how people should act," Wenner wrote. "People should be self-reliant, responsible, and self-disciplined. When people act irresponsibly and are not self-disciplined, there are consequences. People must be accountable for their conduct."Such jurors, Wenner believes, are likely to question whether the plaintiff could have done something to avoid the injury they suffered."The motto of these jurors is that if a person is committed to personal responsibility, then he or she must first accept blame before blaming others. That means playing the blame game is unacceptable if the plaintiff was in the best position to avoid the injury," Wenner wrote. "If the plaintiff has not been completely responsible, do not expect the personal responsibility jurors to find for the plaintiff, even though the plaintiff may have been only partially at fault."Potential jurors "who hold extreme attitudes about personal responsibility," Wenner found, also tend to share a common belief system."The personal responsibility jurors tend to espouse traditional family values," Wenner continued. "Personal responsibility jurors often believe that when someone harms you,the best response is to turn the other cheek.
A lawsuit is viewed as revenge and unproductive ... often, these jurors have strong religious beliefs."If such a "bias" appears insurmountable, Wenner suggests that the plaintiff's attorney take decisive action before it's too late. "The only solution is to identify these jurors during voir dire and exclude them from the jury," Wenner concluded. Voir dire is an archaic French term for questioning potential jurors.Rob Boston, spokesman for the liberal advocacy group Americans United for Separation of Church and State is troubled by Wenner's inclusion of religion in his profile of "personal responsibility jurors.""Certainly a good lawyer will try to ferret out any evidence of prejudice, whether it's religious prejudice or racial prejudice, prejudice against women, whatever, that's legitimate," Boston said. "But, for a lawyer to simply assume that certain religious beliefs will dictate certain behaviors is naive and I think it does a disservice to our legal system."
Boston believes many potential jurors would react negatively if they were aware that their religious beliefs were being evaluated as factors in determining their fitness to decide a case."Although I know jury duty isn't the most favorite pastime of the American people," Boston explained, "I think a lot of folks would be pretty angry if they felt that they were being summarily excluded because of what they believe or don't believe about God."Todd Young serves as policy director for the Southeastern Legal Foundation, a conservative public interest law firm. He called the prospect of even considering potential jurors' religious views "incredibly dangerous."There used to be, many years ago and to the great shame of this nation, the exclusion of minorities and women from juries. That has since been found unconstitutional and rightly so," Young recalled. "It's beyond bold that the trial lawyers' association or people speaking on their behalf would suggest [eliminating] people of faith from juries."That is akin to saying, 'there's a black person, strike them [from the jury pool] because they're black,' or 'there's a woman, strike her because she's a woman,'" Young said. "[Will they say,] 'There's a Christian,' or 'there's a Jew' or 'there's a Muslim,' strike them because they're Christian or Jewish or Muslim? It's incredibly dangerous."
In an interview with CNSNews.com , Wenner insisted that discriminating against people of faith has never been his intention."That's exactly the opposite of what I was suggesting. In fact, my mother would be really upset that she spent all that money on bar mitzvah lessons for me if that's what I had meant," Wenner said, laughing.The goal of identifying potential juror "bias" based on religious beliefs, Wenner said, is to insure that people of faith avoid what he believes in an unfair crisis of conscience when their religious teaching contradicts secular law."You are now asking that person to make a choice between their religious beliefs and the laws that exist in your specific state," Wenner explained. "Why should they have to be put in that position?"The psychotherapist-turned-trial lawyer said if such a conflict becomes apparent while interviewing potential jurors, he acknowledges it."I say, 'you know, Mr. So-and-so' or 'Ms. So-and-so, that's perfectly okay to have that belief.
You have every right to believe that and to think that and, from your standpoint, it may be the right way to believe. That's okay,'" Wenner said. "I say, 'but, because of how you feel, Ms. So-and-so, don't you think it would be better for you, and for this plaintiff who has a right to bring this case, for you to sit on ... a different type of case where it doesn't ask you to choose between what the civil justice system says is allowed and your religious beliefs?'"His job during the pre-trial process, Wenner explained, is "to pick a jury that is going to start the case and give each side a fair hearing on the evidence without too many prejudgments influencing the decision-making process."That does not mean, Wenner stressed, that plaintiffs' attorneys should have any less respect for potential jurors with deeply held religious beliefs."Lawyers shouldn't vilify jurors or be suspicious of them because of their beliefs," Wenner said. "On the contrary, I teach [attorneys] to accept [jurors] where they are and to use those [beliefs] to help [jurors] understand the world they live in, so [attorneys] can better communicate with [jurors] rather than trying to change them."Mario Mandina is chief executive officer of the National Lawyers Association (NLA), which bills itself as "a national bar association, organized to improve the image of the legal profession, to advance legal institutions and respect for the law, and to educate the public on such matters." The group has become a refuge for conservative attorneys displeased with the liberal positions often taken by ATLA and the American Bar Association (ABA).
While Mandina understands that people of faith might be offended by Wenner's advice, he said the principles are not as controversial as many might believe."If you're going to put out a book to tell lawyers to pick good juries to get you money for your clients, you've got to tell them the truth," Mandina allowed. "Unless it was derogatory, I couldn't fault somebody. If you're going to do that, you'd better do it right, or you'll get sued. You couldn't ignore the obvious."Mandina explained that the primary duty of a lawyer is to represent his or her client "within the bounds of the rules of ethics."As an officer of the court, he or she is empowered or expected to notify the court of any violations of the code of ethics and not to present perjured testimony," Mandina said. "If it crosses that, you've got a duty [to report it]. But say it doesn't cross it? Say it just gives you a choice between an extremely liberal panel or an extremely conservative panel? No lawyer worth his salt would ignore those factors."But the duty to one's client would be no excuse, Mandina said, for attorneys to make sweeping generalizations about people of faith serving on juries. Mandina is concerned that some trial lawyers are moving in that direction."They may start asking questions like, 'Do you believe in the Ten Commandments?'
Someday, the way this country's going and, if you raise your hand, you would be automatically excluded," Mandina speculated. "If you can't set aside, for example, your personal views of Christianity - which no true Christian could do - then you'll be excluded from the panel. Those days are coming if things don't change in this country."Wenner agreed that jurors should not be excluded merely for their religion. But he still contends that there are some potential jurors who will not or cannot work within the system."There are a lot of people out there who have very, very, very strong feelings about the jury system today, who can't be fair because of their beliefs," Wenner claimed. "That presents a problem for the trial lawyer."The attorney's goal, Wenner contended, should not be to stack a jury in favor of his or her client, but to strive for an objective hearing for their side of the case."I'm not asking for a biased jury and I'm not teaching people how to get a biased jury. I would not want to see other people teaching [attorneys] how to manipulate a jury," Wenner said. "All I'm asking for is a fair jury."
If you have been injured in an accident contact the baez law firm: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com we offer free initial consultation. We care about your legal needs!
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About Me
- The Báez Law Firm, P.C.
- San Antonio, Texas, United States
- Find Personal Injury Trial Lawyers that will treat you with dignity and respect. The Baez Law Firm, P.C. is dedicated to help those less fortunate. Our San Antonio Lawyers also handle family law, criminal defense, business law, immigration, social security disability, patent law, trade marks and much more. We are professionals that care about your legal needs. Our motto is simple: “Minimizing Legal Worries!”℠ Visit us at http://www.thebaezlawfirm.com or call us (210) 979-9777. Have a blessed day!
