Settlement on personal injury cases

Many people attempt to settle their own personal injury claim with the insurance adjusters. Although we believe this to be a mistake, enclosed we will provide you, the consumer, with points to remember if you decide to settle without an attorney.

Insurance companies are not your friends. The adjuster will talk to you in a friendly manner, until is time to pay. Remember that their bottom line, not yours its important to them. The adjuster will employ delay tactics to make you want to settle for less. DON'T FALL FOR IT.

The key to a successful personal injury claim is your injuries. The more severe the injuries, the better the settlement that you can expect. A very simple general rule is to ask for twice the medicals for a soft tissue injury and three times the medicals for fractures, lacerations or more severe injuries.

The insurance company has a duty to "in good faith" attempt to settle the case promptly with the other side, in this case you. However, they can and often do, breach that duty by their delays. In many cases you can used this to your advantage.

Remember that your property damage and personal injury are two separate and distinct claims, even though the insurance will treat them as one. Do not compromise one with the other one.

Once the injury happens, do not take long to obtain treatment. Insurance companies will not pay you if you have delays in treatment. The general rule is no more than two weeks.

Your medicals should be directly proportionate to your injury. In other words, do not have thousands of dollars in medicals if your property damage was less than one thousand dollars. This could get you in the adjuster not wanting to pay for all the medicals.

Always remember to ask for reductions from your medical providers. The more that you can reduce, them more that you can keep.

These general rules are only to be used as a guide. We always recommend that you consult with a personal injury lawyer in your area. Since insurance company adjusters have many tools to their disposal, you should have your own, one of them been your attorney.

Can evidence be planted by some one

We have defended individuals throughout Texas that had no indications of culpability at all, other than the supposed evidence against them. A closer look at this alleged evidence, clearly showed that, the evidence could have been planted by some one.

The very first case was about DNA evidence that, at the last minute, appeared to be indicative of our client's fault. A closer look by our experts indicated that, the DNA evidence was contaminated.

The records of the prosecutors indicated that, our client could have not been excluded from the crime. However, the DNA testing done in the case did not conclusively included our client. That created a problem that, according to our law, gives people reasonable doubt.

You have to remember that the States has the burden of proof or a person's guilt. Thankfully, the law requires the burden beyond reasonable doubt. If there is reasonable doubt in the jurors mind, they must acquit.

Too many attorneys have taken this procedure to a new level; however, here at The Baez Law Firm, P.C. we only use it if our clients are in fact innocent. We have helped many people in Texas get acquitted based on this principle.

Have you or your loved one been wrongfully accused of a crime, call us (210) 979-9777 or visit our websites. Remember that, we care about your legal needs.

What, the insurance companies lied?

A report by the American Association for Justice (AAJ) indicated that "while we hear that the high cost of insurance premiums were driving doctors out of practice, the reality is that, medical malpractice insurance providers are increasing their profits better than any other Fortune 500 companies.

Here in Texas, the misconception that "frivolous" law suit were the reason for the increase on medical malpractice premiums is finally revealed. Proposition number 12, as we know it was all false propaganda by the insurance industry to increase their bottom line, to the detriment of the injured victims. Conversely, insurance companies have perfected their scheme to a science.

Insurance companies are required to keep "reserves" to pay for anticipated claims. The report has discovered that "often insurance companies grossly overestimate the value of pending claims, only to be able to adjust their books years later after the claim are finally resolved. The ability to hide these earnings allows insurance companies to argue that their profits are lower, thus creating the false need to increase insurance premiums to doctors, while lobbying for tort reform to minimize the payment on the aforementioned claims.

In other words, insurance companies through Enron-esque accounting maneuvers, are not telling the public, their insurers or congress the whole truth. While their profits escalate, they continue to lobby for more tort reform. In Texas, there is already a cap on non-economic damages which creates this abyss for the injured victims from which they cannot recover.

The report further comments that “as these hidden profits were exposed, it became clear that the so-called medical malpractice crisis (prop 12 here in Texas) was nothing more than a coordinated scam by insurance companies that included hiding profits while simultaneously raising premiums on physicians, and then blaming injured patients and their attorneys for these high premiums.” A full proof plan, or so they thought.

We believe that Texas needs to implement insurance reform, not tort reform, and now we have the documentation to prove it. Let us stand together and fight these injustices.

What is Police Brutality

Originally, 42 USC § 1983 was created as the (Ku Klux Act of 1871, § 1). This was done so that private citizens could have a way to protect and recover from the acts of the Klan. Today, this section is the main frame of civil suits against police officers who "under color of law" are acting with excessive or unreasonable force.

Before a lawsuit is filed, there needs to be a determination as to who to sue. Since the statute does not allow vicarious liability, cities and municipalities can only be sued if they have foster a custom that indicates violations of constitutional law on its face. For example, if the city allows its cops to use Taser guns on all citizens without making some exceptions, that would be a custom that indicates violations of your rights.

On the other hand, many of these cases bring with them state causes of actions. In those cases, attorneys need to be careful that the election of remedies would not prevent them from suing the principal actors and tortfeasors. In other words, the Texas Tort and Claims Act covered under the Civil Practice and Remedies Code prevents employees from being sued if the city or municipality is a defendant in the suit, once this election of remedies has been made.

In 1983 cases, cities do not have the qualify immunity that individuals have for purposes of affirmative defense. Conversely, cities cannot be held to pay punitive damages for their actions, only compensatory damages as indicated by the statute. However, if the police officers are found to have violated your rights intentionally and with malice, then punitive damages can be sought.

If you have a police brutality case, give us a call (210) 979-9777 or visit our website. We have helped many individuals throughout Texas with their cases. Let us help you win your case.

Icy road conditions in Texas during this season

During icy conditions in Texas, drivers tend to behave in an radical way. Many people rely on prior experience driving on icy conditions, but they fail to realize that in Texas, not every one has that experience. Remember, during this time, accidents are more prone to happen.

When you encounter ice on the roads please be conscious of other drivers and allow sufficient space between you and other drivers. Remember to be careful when going over bridges and roads that lead to and away from them.

However, when you are a victim of an accident on the road because of some one's negligence, our law firm can help you. We have successfully represented injured Texans all throughout the state.

From our family to yours, may you have a Merry Christmas and may the God give you blessings beyond your imagination. May you all stay free from accidents and may your lives be prosperous.