San Antonio Personal Injury Trial Lawyers

Why do you need a lawyer for your auto accident?

2012-01-25T08:14:00.000-08:00

Prime time TV has made millions of dollars based on reality shows, or supposedly reality shows like The Practice, Law and Order, Boston Legal and many more. TV stations also bombard us with more reality shows in the form of Judge Judy, The People’s Court, Judge Mathis and many more. This has created a phenomena that I like to call “TV lawyer syndrom.” In essence, people are lead to believe that they too can take care of their legal matters.

Our San Antonio Lawyers have seen an increase of the so called “TV lawyers” based on the fact that most people now know the law (since they have watched it on TV). In the are of Auto Accidents, there is no exceptions. Unfortunately, insurance companies have taken advantage of this situation. In Texas, now with the passing of new laws, the injured is at risk of losing it even more!

When you are a victim of an auto accident, please, contact a lawyer. We have seen an increase of case where the liability was clear, yet the client decided to do it for him/her self, two years later, the insurance companies have an affirmative defense of “statute of limitations” since the injured person did not file a complaint on time. Insurance wins.

What you see on TV from insurance companies that “you are in good hands” and that “we are always there,” are only sales pitches from the insurance industry. They are not there to protect you, they are there to protect their bottom line, not yours. Insurance companies have at their disposal, thousands of lawyers to handle their cases. Why not you?

Our Law Firm has handle thousands of auto accident cases in San Antonio successfully. Our injury lawyers and attorneys can help you get what you deserve. You do not pay us, unless we win the case for you. Is that simple. This is a fact that insurance companies don’t want you to know. You do not have to represent yourself in an auto accident. Let us do it for you! After all, you would not do your own brain surgery, would you? Of course not!

We have created a simple way to help yo during and accident. Just visit the Android Market Place or the iTune Store and download our FREE Auto Accident Application. You will be glad that you did. Because, its better to have it and not need it, than to need it and not have it!!!

Release of our new Android Application

2011-11-23T07:31:00.000-08:00

November 21, 2011

Download our Free Accient App

Accidents happen when you least expect them. Do you and your family know what
to do at the scene of an accident to protect your rights? Most people answer no! We want you to be prepared before an accident takes place. That is why The Baez Law Firm is bringing you the Accident Tool App for your Android smart phone. And the Accident Tool App is FREE. People in San Antonio can use this application in the event of an accident to preserve all the required evidence that will help them on their case. Our San Antonio lawyers are here to give you free legal advise in the event of an accident.

Features of the free Accident Tool App

* Know what to do at the scene of the accident
* Record all pertinent accident information
* Take Photos
* Take witness statements
* Get Map Locations
* Gather Weather infomation
* Free Case Evaluation

Visit us:

The Baez Law Firm
San Antonio Lawyers
Cheap Texas Divorce
Android Application

The Texas Board of Nursing, another way to protect Texas Doctors

2011-11-02T03:34:00.000-07:00

There is already plenty of controversy in Texas about suing doctors in the medical malpractice arena. Hospitals in Texas are now using the Board of Nursing and the Nursing Practice Act to minimize their exposure/liability and blame nurses rather than the doctors who improperly treated the patients where deviations of the standard of care are apparent. This is how they do it:

Hospital A receives a Patient that has HIV. The receiving ER doctor learns of the HIV and decides to make the Patient a DNR, since its only a matter of time before the Patient dies (insurance companies only pay for certain amounts, procedures and things for HIV patients). In the mean time, the Patient has chest pains and an EKG reveals that a possible MI is in the making. The ER doctor does not treat the heart attack but orders a consultation with another doctor. The Nurse tells the doctor that the Patient is complaining of chest pains and shows the doctor the EKG. The doctor does not want to treat the HIV patient, rules out a possible MI on the EKG itself and tells the Nurse that the Patient is a drug seeker anyways. Three Hours later the Patient is transfer to the ICU for pneumonia and dies at the ICU while in the care of another doctor five hours after arrival. Cause of death, MI. No expensive drugs are given for the MI and no other treatment was selected by the doctors.

The hospital realizes this, and launches a bogus investigation to get the "Root Cause" analysis simply to see how they can protect their assets (the doctors) who make them the money. The hospital sees that the nurse did not do a procedure (which was not ordered by the doctor nor paid for by the insurance anyways) but decides to fire the nurse and report her to the Texas Board of Nursing. The hospital produces falsified records and documents to the Board, the nurse has an informal hearing but the Board is only concerned about the procedure that the Nurse did not do which was not ordered. The Board hears all the evidence of how the Nurse acted as any other prudent nurse would act under the same or similar circumstances, but the Board did not want to hear that. Case close, Nurse is reprimanded, Doctor is safe and the Hospital wins since it was the nurse, and not the doctor, who deviated from the Standard of Care. Since hospitals will not defend nurses that are not working for them, the nurse is exposed, the Patient is death, insurance wins, hospital is free as a bird.

The Texas Board of Nursing is a governmental agency that is very nice and does not look like a public office at all. The floors are hard wood floors with very nice paintings and equipment. The nurse wondered: who provided the funds for the upgrades to this governmental offices. Insurance companies? Hospitals? Doctors? The public? It would be interesting to find out!!!

Insurance companies already using the new law. ONLY IN TEXAS!!!

2011-09-15T11:58:00.000-07:00

Insurance companies have long protected their interest, not the interest of injured victims. In Texas, tort (deform) has nothing but crippled the ability of a plaintiff to bring a case into court. It has also fattened the already big pocket of insurance companies. "The moral of the story is this: If you have a claim against a big corporation, take whatever it offers, because if you dare to take them to a jury, you risk your economic life." ONLY IN TEXAS!!!

In 2003, the last major tort reform legislation mandated that plaintiffs who rejected settlement offers and win a jury verdict must receive a judgment award of at least 80% of the offer; otherwise, they are responsible for paying legal fees for the losing defendant from the date they refuse the settlement offer. ONLY IN TEXAS!!!

This existing provision is already a powerful weapon, and already in use in the legal arsenal of deep-pocket defendants such as insurance companies and corporations, since plaintiffs would be tempted to accept low-ball settlements rather than risk receiving nothing. ONLY IN TEXAS!!!

The playing field in Texas is already sharply tilted in favor of the defendants. The wrongdoers can and will continue doing wrong but now, they will threaten Plaintiff into accepting low offers simply because they can. ONLY IN TEXAS!!!

Allstate has already called our law firm indicating that "we better accept this offer," or else, don't you know the law? What a shame! ONLY IN TEXAS!!!

Can a cop abuse his power?

2011-08-26T08:18:00.000-07:00

In order to prevail in Federal Court against unethical, immoral or even abusive cops, you have to prove that an action occurred while the cop was acting "under color of law." This is particularly true when a cop uses his position of authority to obtain sexual pleasure against innocent civilians.

In Texas, many cops use that position of authority but get away with sexually assaulting civilians because their police departments will say that "the cops were not acting under color of law," since the police department did not hire them to have sex while on duty and because of "qualified immunity." Case close. Victory for the crooked cop...Not so fast!

The Fifth Circuit recently ruled on a case specifically about the abuse of power by a person clothed with such powers. The case of U.S. v. Dillon, 532 F.3d 379 (5th Cir. 2008) dealt specifically with that issue. A former city attorney used his position of authority to sexually assault women and the city argued that they did not hire the city attorney to have sex but to work as an attorney. The Fifth Circuit saw the confusion and cleared up the mess that Texas once had.

In the finding, the Court reasoned that "An action occurs under color of law, for purpose of statute prohibiting deprivation of civil rights under color of law, when there is misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law."

The facts of the case were as follows: Defendant, an assistant city attorney (ACA), was acting under color of law when he sexually assaulted two women, as required to support his convictions for depriving the women of their right to bodily integrity under color of law; one woman came to his office to have her traffic tickets fixed and her son released from jail, and, after he placed a call to judge who ultimately paroled the woman's son, defendant proceeded to kiss her and when she resisted he told her that he knew a lot of police officers and that he could have anybody arrested, and the second woman came to defendant's office to receive a drug test so she could have her pending marijuana charge dismissed, but defendant, before sexually assaulting her, told her that nobody would believe her if she reported him because she had a lewd conduct charge on her record, and thereafter warned her not to tell anyone about the assault or he would come after her and her family.

We believe that every person has a right against having anyone, including cops, from violating that person's right to bodily integrity. No person clothed with power should ever use his position of power to obtain sex while on duty. It is wrong and it should be punished.

Our law firm helps people throughout Texas that have been abused by police. You are not alone anymore! Our lawyers will fight for your rights so you don't have to.

Our law firm helps people in all areas of law including family, business, personal injury, bankruptcy appeals, medical malpractice, criminal law, and other areas of law. We also have a divorce website to help the people in Texas that cannot afford a lawyer.

What do you think?

2011-08-25T10:30:00.000-07:00

This email was received through one of our websites: The Baez Law Firm, P.C. San Antonio Lawyers Cheap Texas Divorce We would like to know your opinion.

What are my rights for return of property when a police officer takes my property into custody? Since May of 2011, SAPD is refusing to return my handgun unless I get a court order or get a doctor to tell them to return it to me. I have asked for such in writing on 3 occasions via fax but so far they have ignored my all my written requests as to which procedure I need to follow to regain possession of my property.

Me: I am a home owner in Encino Park, 48 years of age, no criminal history, no history of mental illness... however I am homebound-disabled with MS & Pulmonary Fibrosis. The latter which has rendered me homebound for the most part because humidity and exertion endanger my health and ability to sustain life.

I am the legal owner of the gun and have the documents to verify such, the handgun is registered in my name and was never involved in any crime whatsoever. There is no criminal or misdemeanor case pending surrounding the pistol or myself.

How is it that SAPD can refuse to return my property or place such ridiculous and almost impossible demands for me to comply with regarding the return of my property? Are there current laws that permit SAPD to keep my property from the rightful owner(s) if said property is not being held pending a legal case?

My biggest concern is my safety. My home was burglarized by an unknown party (though XXXXX XXXX has bragged to others about committing the crime when he got out of jail) and there was a burglary of Habitation by an off duty Bexar County Sheriff Officer which was witnessed by me and two other individuals. Being disabled and having to deal with not one but two prior incidents along with many other reported break ins in my area, I depend on my firearm to protect my safety and my home.

Can Police Officers do this?

Rear ended by another driver, Res ipsa is your solution

2011-07-18T06:53:00.000-07:00

In Texas, there are hundreds if not thousands of accidents every day. Many of them involve a rear end collision that presumably indicated liability on the person who hit from behind. But why? Our accident lawyers can answer your questions.

Drivers may argue that it was the front driver's inattention that lead him/her to have the accident since the driver in front slammed on the brakes. Our accident attorney has handle this situation many times over.

Res ipsa loquitur- a Latin word that means "the thing speaks for itself." This is an evidentiary rule in torts that the very fact that an accident occurred is enough to provide a prima facie case of negligent behavior. Rear ending another vehicle is a perfect example of showing failure to maintain a safe distance on the part of the rear-ender, regardless of the conditions.

Many times the insurance company for the rear-ender will argue this point, but with no success. Our accident lawyer will remain the insurance company of this rule time and time again.

Our accident attorneys will fight for your rights in court. We have helped thousands of individuals in Texas when they are injured by a rear end collision. Insurance companies have their legal team, and so should you!

Charged with Murder in Texas? Our lawyers can help!

2011-07-11T08:09:00.000-07:00

Even though we are personal injury lawyers and attorneys, accident lawyers, accident attorneys, our general practice law firm also handles criminal defense; thus this posting.

Like Florida, Texas juries find themselves in the middle of murder trials. Jurors are required to give value and weight the evidence. Like Florida, a persons needs to be convicted with evidence beyond reasonable doubt. That means that, if the evidence is not strong enough, and doubt exist, a jury must acquit.

Many people get upset when cases, like Casey Anthony, are found Not Guilty. A sense of failure of justice is shared amongst many. However, we have said that this is the way that our legal system was meant to work. The jurors in this case got it right!

When prosecutors have no direct evidence, many times they create this phantom story that some times jurors buy and innocent people get convicted. Our legal system was created so that, not one single innocent person goes to jail; but because of the tenacity of prosecutors, and inefficiency of some defense lawyers, jurors get it confused.

We have represented the wrongfully accused in Texas and will continue to do this. We believe in the constitution and every one deserves a fair and impartial jury. Let us help you with your criminal defense.

Congratulations to Jose Baez of The Baez Law Firm in Florida!

2011-07-05T14:51:00.000-07:00

Jose Baez and his legal team has shown the world that juries still get it right. Let this be a day to remember where the constitution, once again, has been honored by those who swore to follow it.

Although we loved the phone calls, emails, and others regarding the case while it was pending and even after, we are not the attorneys that represented Casey Anthony nor are we related in any way shape of form to The Baez Law Firm in Florida.

The Baez Law Firm, P.C. does handle criminal defense cases in Texas but not in Florida. Again, our congratulations for a job well done to Jose Baez and his legal team in Florida.

How to obtain a judgment on the Pleadings in Federal Court

2011-05-17T06:45:00.000-07:00

Our Law Firm has been representing victims of police violence in Federal Court with great success. Many times, our lawyers obtain judgments on the pleadings before going to a trial.

Our San Antonio Lawyers are here to help the victims of police brutality, specially when the victim is dead. Bellow is an example of pleading filed in Federal Court to help practitioners obtain a judgment on the pleadings pursuant the Federal Rules of Civil Procedure.

PLAINTIFFS' MOTION FOR JUDGMENT ON THE PLEADINGS

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COME Plaintiffs, Movants herein, and request the Court to enter Judgment on the Pleadings in favor of Movants on the claims set forth herein, and against Defendants (hereinafter Non-Movants), and in support thereof, show the Court the following:

After the pleadings are closed but within such time as not to delay the trial, any party my move for judgment on the pleadings. Federal Rules of Civil Procedure 12(c).The standard for deciding a Rule 12(c) motion is the same as a Rule 12(b)(6) motion to dismiss.

The court "accepts all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff." In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir. 2007), petition for cert. filed, (U.S. Nov. 26, 2007) (No. 07-713).

The plaintiff must plead "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, - U.S. -, 127 S.Ct. 1955, 1974 (2007).

"Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact). Id. at 1965.

Averments in a pleading which a responsive pleasing is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Federal Rules of Civil Procedure 8(d).

When the facts of the case are such that a judgment on the pleadings can be obtain, practitioners need to be aware of them.

If you, or someone you know has been a victim of police brutality, give us a call at (210) 979-9777. We care about your legal needs!

How to petition for damages in a personal injury case

2011-05-03T06:38:00.000-07:00

Our law firm has represented hundreds of cases for personal injury in Texas and the San Antonio area. Although each case is unique, the vast majority can be proven with the same efficiency, so long as some parameters are put in place.

This blog is intended to help those practitioners to have the tools needed to successfully litigate a personal injury case. Remember to always "humanize" your client.

As a direct and proximate result of the occurrence made the basis of this lawsuit, and Defendants' acts as described herein, Plaintiff was caused to suffer severe medical trauma damages more fully set forth below.

As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff, has incurred the following damages:

A. Reasonable medical care and expenses. These expenses were incurred by Plaintiffs, for the necessary care and treatment of the injuries resulting from the accident complained of herein and such charges are reasonable and were usual and customary charges for such services in Bexar County, Texas;

B. Reasonable and necessary medical care and expenses which will, in all reasonable probability, be incurred in the future;

C. Physical pain and suffering in the past;

D. Physical pain and suffering in the future; and

E. Mental anguish in the future;

F. Physical impairment which, in all reasonable probability, will be suffered in the future;

G. Cost of medical monitoring and prevention in the future.

By reason of the above, Plaintiff, has suffered losses and damages in a sum within the jurisdictional limits of the Court and for which this lawsuit is brought.

PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, respectfully prays that the Defendants be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendants, jointly and severally, for damages in an amount within the jurisdictional limits of the Court; exemplary damages, as addressed to each Defendant per Section 41.006, Chapter 41, Texas Civil Practice and Remedies Code, , excluding interest, and as allowed by Sec. 41.008, Chapter 41, Texas Civil Practice and Remedies Code; together with pre-judgment interest (from the date of injury through the date of judgment) at the maximum rate allowed by law; post-judgment interest at the legal rate, costs of court; and such other and further relief to which the Plaintiff may be entitled at law or in equity.

We hope this has been helpful to practitioners. You can change, add or subtract on your petition as necessary, so that it fits your case when you are filing with court. Good luck, and happy litigating.

If you need a lawyer in san antonio for your personal injury case, give us a call (210) 979-9777 or visit our website: The Baez Law Firm, P.C.

How to object to a recommendation by a Magistrate Judge in District Court

2011-04-12T08:02:00.000-07:00

Our Law Firm has objected on numerous occasion the recommendation given by Magistrate Judges to the District Judges during the litigation of our cases. Bellow, is one of such objections for our readers perusal.

The recommendation that Defendant's claims against him on his official capacity and individual capacity should be dismiss are not based on precedent. In Kentucky v. Graham, 473 U.S. 159, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985), the Court sought to eliminate lingering confusion about the distinction between personal- and official-capacity suits. The Court emphasized that official-capacity suits generally represent only another way of pleading an action against an entity of which an officer is an agent. Id., at 165, 105 S.Ct., at 3104 (quoting Monell v. New York City Dept. of Social Services, 436 U.S. 658, 690, n. 55, 98 S.Ct. 2018, 2035, n. 55, 56 L.Ed.2d 611 (1978)). Suits against state officials in their official capacity therefore should be treated (emphasis added) as suits against the State. 473 U.S., at 166, 105 S.Ct., at 3105. Though the Judge relied on Monell for the recommendation to dismiss the Defendant in the instant suit in his official and individual capacity, nowhere in Monell did the Court suggest that the claim against the individual defendant be dismissed in a 12(b)(6) motion.

Indeed, when officials sued in this capacity in Federal court die or leave office, their successors automatically assume their roles in the litigation. See Fed.Rule Civ.Proc. 25(d)(1); Fed.Rule App.Proc. 43(c)(1). The action is not dismissed, it continues.

Because the real party in interest in an official-capacity suit is the governmental entity and not the named official, the entity's policy or custom must have played a part in the violation of federal law. Graham, supra, at 166, 105 S.Ct., at 3105 (quoting Monell, supra, 436 U.S., at 694, 98 S.Ct., at 2037). Plaintiff plead facts in her amended complaint sufficiently to indicate that the Defendant, as the lead officer in his department played a part in carrying out the policies or customs that led to Plaintiff’s rape.

For the same reason, the only immunities available to the defendant Defendant in an official-capacity action are those that the governmental entity possesses. 473 U.S., at 167, 105 S.Ct., at 3105. This is found in Hafer v. Melo, 502 U.S. 21, 25, 112 S. Ct. 358, 361-362, 116 L. Ed. 2d 301 (1991). The language does not suggest that once a claim is filled against an individual in his official capacity, the claims against the official capacity individual should be dismissed.

The phrase, “Acting in their official capacities” is best understood as a reference to the capacity in which the State officer is sued, not the capacity in which the officer inflicts the alleged injury. Hafer at 26.

Like Hafer, Plaintiff is seeking redress for of constitutional rights, privileges and immunities by an official's abuse of his position, including the actions and omissions of Defendant. The Defendant and its’ policies and/or customs played a part in causing the rape and alleged damages which Plaintiff believes is a violation of federal law. But for Defendant's failure to implement a policy to prevent Deputies from terrorizing individuals of the different sex, Plaintiff would not have suffered a rape. The current policy in place, ratified, directed, and enforced by Defendant, allows officers of opposite sex to take advantage of defenseless individuals such as Plaintiff.

Through §1983, Congress sought to give a remedy to parties deprived of constitutional rights, privileges and immunities by an official's abuse of his position. Monroe v. Pape, 365 U.S. 167, 172, 81 S.Ct. 473, 476, 5 L.Ed.2d 492 (1961). Accordingly, it authorized suits to redress deprivations of civil rights by persons acting under color of any [state] statute, ordinance, regulation, custom, or usage. 42 U.S.C. § 1983. In their findings, the Court stated “the requirement of action under color of state law means that Hafer may be liable for discharging respondents precisely because of her authority as auditor general.” The Court ruled that “We cannot accept the novel proposition that this same official authority insulates Hafer from suit.” Hafer at 27-28. This is quite the opposite of what Judge recommended. In essence, Judge insulated Defendant from suit based on official authority, not on his official actions.

Conversely, Judge found that “She does specifically allege that Defendant, through his intentional acts of malfeasance, omissions, neglect, and failure to select, train, supervise, discipline, remove and prosecute his subordinate deputies, deprived Cerda of her constitutional rights under the Fourth, Fifth, Sixth, Eight and Fourteenth Amendments of the Constitution of the United States and under 42 USC § 1981, 1983 and 1985(3).” Recommendations p.14; It is his overall responsibility to supervise and train his deputies and the policy he ratified, directed and enforced to allow unsupervised opposite sex arrests, proximately caused the instant constitutional violations. However, Judge recommendations Dismisses the Defendant in both individual and official capacity. Judge is requiring a higher standard for Plaintiff pleading her case beyond that which is required by precedent. A Federal court may not apply heightened pleading standard, more stringent than usual pleading requirements of civil rule, in civil rights cases alleging municipal liability under 42 U.S.C.A., §1983; Fed.Rules Civ.Proc., Rules 8(a)(2), 9(b), 28 U.S.C.A. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, 507 U.S. 163, 113 S. Ct. 1160, 122 L. Ed. 2d 517 (1993).

In Leatherman, the Supreme Court stated “We think that it is impossible to square the heightened pleading standard applied by the Fifth Circuit in this case with the liberal system of notice pleading set up by the Federal Rules. Rule 8(a)(2) requires that a complaint include only a short and plain statement of the claim showing that the pleader is entitled to relief. In Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957), we said in effect that the Rule meant what it said:”
“The Federal Rules of Civil Procedure do not require a claimant to set out in detail the facts upon which he bases his claim. To the contrary, all the Rules require is a short and plain statement of the claim that will give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests.” Id., at 47, 78 S.Ct., at 103, Leatherman at 168.

Rule 9(b) does impose a particularity requirement in two specific instances. It provides that in all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Thus, the Federal Rules do address in Rule 9(b) the question of the need for greater particularity in pleading certain actions, but do not include among the enumerated actions any reference to complaints alleging municipal liability under § 1983. Expressio unius est exclusio alterius. Id. at 168.

Since Judge found that claims against Defendatn under the Fourth Amendment and under Due Process Clause of the Fourteen Amendment, pursuant § 1983 remain for trial, the same result should be obtained against Defendant. The same averments of facts and causes of action were pleaded for the County and for the Defendant, yet with different results. This dichotomy should only be resolved by keeping both Defendants for claims for § 1983 or by allowing a Rule 7 to be submitted.
III.
The general rule is that there is an extremely high burden before a Court can dismiss pursuant Rule 12(b)(6) because the complaint must be liberally construed and well pleaded factual allegations in the complaint must be accepted as true. Woodard v. Andrus, 419 F.3d 348, 351 (5th Cir. 2005). If the facts, as pleaded are enough to overcome dismissal for the County, the same facts should overcome dismissal for the Defendant.

A motion to dismiss under Rule 12(b)(6) is viewed with disfavor and is rarely granted. Fernandez-Montez v. Allied Pilots Assoc., 987 F.2d 278 (5th Cir. 1993). Conversely, a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt the plaintiffs can prove no set of facts in support of a claim which would entitle them to relief. Conley v. Gibson, 355 U.S. 41, 45-46 (1957). Plaintiff has made averments in her Complaint that should overcome a 12(b)(6) dismissal. Conversely, Plaintiff has requested a Rule 7 to prove some other set of facts in support of her claims. By dismissing the Defendant, she was denied of her right to redress. Plaintiff is attempting to have a change in the policy and custom of the Defendants that allow deputies too much power and no supervision.

Our San Antonio Lawyers will fight for your rights in court all the time.

12 (b)(6) Motions in Federal Court under Fourth Amendment

2011-04-07T07:38:00.000-07:00

Our Law Firm has represented numerous clients in Federal Court with their Civil Rights case. We have consistently shown that the facts of the case are more important that precedent since it is those facts that changes the precedent.

Many time, our lawyers have been faced with 12(b)(6) motions in Federal Court and our response has been facts driven rather than law driven. An example of such is given herein for our readers perusal.

Public officials acting within the scope of their official duties are shielded from civil liability by the doctrine of qualified immunity. Harlow v. Fitzgerald, 457 U.S. 800, 815-19 (1982). Qualified immunity “serves to shield a governmental official from civil liability for damages based upon performance of discretionary functions if the official’s acts were objectively reasonable in light of then clearly established law.” Thompson v. Upshur County, Tex., 245 F3d 447, 456 (5th Cir. 2001). A “defendant’s acts are . . . objectively reasonable unless all reasonable officials in the defendant’s circumstances would have then known that the defendant’s conduct violated the United States Constitution or the federal statute as alleged by the plaintiff.” Id at 457.

An excessive-use-of-force claim requires a plaintiff to prove 1) an injury, which 2) resulted directly and solely form the use of force that was clearly excessive to the need, and the excursiveness of which was 3) objectively unreasonable. Ikerd v. Blair, 101 F.3d 430, 433-34 (5th Cir. 1996). This determination “requires careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” Graham v. Connor, 490 U.S. 396 (1989).

In Iderd, plaintiffs brought a 1983 action on behalf of their children claiming that a police officer used excessive force against the child during an arrest of her father. Iderd, 101 F.3d at 432. During the arrest, the police officer jerked the child out of her chair and dragged her into the kitchen, which resulted in her re-injuring a broken arm. Id. In determining the first and second elements required to establish an excessive force claim, the court maintained that “the extent of the injury suffered by a plaintiff is one factor that may suggest whether the use of force was excessive in a particular situation.” Id. at 434. In analyzing the third element, the court reasoned that “in gauging the objective reasonableness of the force used by a law enforcement officer, we must balance the amount of force used against the need for that force.” Id. In overruling the district court’s judgment as a matter of law for the officer, the Fifth Circuit held that the evidence presented as sufficient for a reasonable jury to conclude that the officer used objectively unreasonable force against the plaintiff. Id. at 435.

In Meaux v. Williams, 113 Fed. Appx. 593, 595 (5th Cir. 2004), the Fifth Circuit reversed the district court’s grant of summary judgment, holding that a genuine issue of material fact existed as to whether the police officer used excessive force when arresting the plaintiff. Id. at 594. Meaux alleged that when he answered the door, he was pulled out of his house and handcuffed.

In Heflin v. Town of Warrenton, 944 F.Supp. 472 (E.D.Va. 1996) the United States District Court for the Eastern District of Virginia overruled defendant’s motion to dismiss a 1983 excessive force claim. After a domestic disturbance between brothers, several police officers responded to a residence and arrested several family members. Id. at 473. While effectuating the arrest, the police officers allegedly used excessive force against the plaintiff when he “proceeded to drag Heflin, by the handcuffs, up the concrete steps to the parking lot. In the course of this, Heflin suffered abrasions to his stomach and face, for which he subsequently sought medical treatment.” Id. at 474.

In Harper v. Harris County, Texas, 21 F.3d 597, 599 (5th Cir. 1994) the Fifth Circuit concluded that allegations that an officer grabbed plaintiff by the throat and bruised knee, were sufficient to withstand a summary judgment seeking dismissal of an excessive force claim. In Harper, the Fifth Circuit applied the test of excessive force in effect prior to the Supreme Court case of Hudson v. McMillian, 503 U.S. 1 (1992), which eradicated the requirement of showing “significant” injury in order to prove an excessive force claim. Id. at 601.

Local Rule CV-12 provides, in pertinent part, that “. . . the opposing party shall have eleven days from the date the motion to dismiss is served on the opposing party, to file a response and to specify what, if any, discovery is necessary to determine the issue(s) of qualified immunity and the time period necessary for the specific discovery. Discovery needs to be conducted to see whether a good faith “qualified immunity” exist and whether the Officer Defendants acted reasonably under the circumstances in injuring a two year old child and a disabled veteran based on a “loud noise” dispatch. Plaintiffs should be allowed to obtain the video tape of the incident so they may investigate as to what threat, if any, was posed by Plaintiffs (especially the child) that caused the Officer Defendants to use excessive force. Plaintiffs would also need to depose the Officer Defendants, which can be done within 90 days, from the time the court order discovery.

Officer Defendants argue that the filling of a suit against a governmental entity pursuant to the Texas Tort Claims Act (“TTCA”) creates an irrevocable election and forever bars suit against any government employees in their individual capacity regarding the same subject matter. TEX. CIV. PRAC. & REM. CODE § 101.106(a). They argue that, if a suit is filed pursuant the TTCA against a government unit and any of its employees, the employees are entitled to immediate dismissal upon the filing of a motion by the government unit. Id. However, the Fifth Circuit recently rejected the Officers’ section 101.106 argument because the TTCA does not apply to intentional torts. Meadours v. Ermel, 483 F.3d 417 (5th Cir. 2007). The court concluded that section 101.106 cannot be construed as a statutory bar to intentional tort claims.

In most cases, an expert is not needed to bring a case in Federal Court for violations of the Fourth Amendment but sometimes is necessary if the Plaintiff is seeking to bring Municipalities into the suit.

Do you have a civil rights violation and do not know how to handle it, give us a call (210) 979-9777. Our lawyers are here to help you!

A check from an insurance company Returned for Non Sufficient Funds

2011-03-14T06:39:00.000-07:00

Our law firm handles thousands of personal injury claims with multiple insurance companies on behalf of our clients. Recently, we had a claim settled with Old American County Mutual Fire Insurance Co. on a personal injury case and guess what, their check bounced. We received notice from our IOLTA account that their check was "Returned Reason-Not Sufficient Funds!!!!

This creates serious problems: 1)the money is not ours to begin with 2)the clients want their money 3) the law firm is placed on a predicament because of this insurance company 4) the insurance company is not honoring their commitments. What are we to do?

Rather than filling suit against the insurance company or even contacting the District Attorney's Office for help (since the amount is way above the felony amounts) we are writing this entry for several reasons.

First, to let the public know that it happens. Second, to solicit further information from fellow attorneys and law firms on cases such as this; to make a determination if this is a common practice or an isolated case. Finally, to appeal to American County Mutual to make it right for our clients.

We have called, the insurance company but their automated system always says "all of our agents are busy now, please leave your name, number and we will call you as soon as possible." We are still waiting.

Our clients are hard working individuals that lives have been affected by the negligence of some one, and now, by the irresponsibility of an insurance company. We call that a "double whammy." This should never happen to any one! We are writing this because, we care about your legal needs!!!

Say no to the marijuana drinks!

2011-02-09T07:41:00.000-08:00

Marijuana in a soda form is getting popularity throughout Texas.This blog is to help consumers and parents to be alert of the new fetish.

A marijuana soda is creating a buzz here in Texas. With names like "Orange Kush" and "Canna Cola," these soda pops don't just appeal to the sweet tooth -- they are infused with marijuana.

You won't be able to find these drinks on San Antonio shelves, but the company Canna Cola hopes to crank out another version for non-marijuana medical consumers.

As responsible Texans, we all need to say no to this drinks.

Here is the link to the video:

Do you have to tell your insurance company?

2011-01-25T12:43:00.000-08:00

In Texas, insurance companies have ways to get out of having to pay for the accident caused by their insured. This is so because, the insured has an affirmative duty to inform "or give notice" to the insurance company about potential exposure to liability.

For example, we represented an injured person and won at the trial. The insurance company filed an appeal, we won that too, yet, the insurance gets another bite at the apple when now, they are claiming that, the insured never gave them "notice." I guess they forgot that they filed the appeal.

This is just an example of how insurance companies used their power (money) to get out of paying for their responsibilities. This is why they are rich, and we are not! If you have a problem with your insurance company, give us a call (210) 979-9777 or visit our websites: http://www.thebaezlawfirm.com or http://www.san-antonio-lawyer-attorney.com

What to do when you have an accident

2011-01-20T09:28:00.000-08:00

Many people are not aware of what to do when they have an accident. Fortunately, many of you will never have to do deal with this situation; however, if you do, then you should know what to do. When a person causes an accident or when the person is not responsible for the accident, the actions taken at the scene should be the same.

First, check to see if any one is injured. If a person is injured, call an ambulance. This is important because a life could be at risk, and the prompt actions of person could be the difference between life and death. Next, make sure there is no more potential for further accidents. If the scene is unsafe, call the police and wait for their instructions. If the scene is safe, then exchange insurance information.

Next, gather names and phone numbers of witnesses. Many people forget this step and that is the difference on the determination of liability. If possible, take pictures of the accident. This could help you later on in the case.

Finally, call your insurance company and take directions from them.

NEVER admit to any liability at the scene. This is when many people go wrong. It is not the job of the people involved in the accident to determine liability, that is the job for the insurance adjuster.

If you, or some one you love has been injured in an accident, give us a call (210) 979-9777. You can visit our websites at: The Baez Law Firm, P.C. or San Antonio Lawyers.

What is a "police brutality" case?

2011-01-06T13:02:00.000-08:00

Depending on which side of the spectrum (political, social, economical) you are in, you may either believe that there is no police brutality in Texas or yes there is. The Baez Law Firm has been fighting for injured Texans as a result of police brutality for some time, and so, we believe that there is way too much brutality!

42 U.S.C § 1983 is the main source of law when police brutality is at issue. The statute states: "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable."

Based on this law, our law firm has successfully litigated numerous "police brutality" cases in Texas. If you or some one you love has been a victim of police brutality, give us a call (210) 979-9777.

Injuries because of a car accident, we can help!

2010-12-27T09:06:00.000-08:00

The Baez Law Firm has been helping injured people in San Antonio when the injury is related to a vehicle accident. We do this by providing effective pre-litigation negotiations with the insurance companies on behalf of our clients.

Our San Antonio Offices have helped many people with the following injuries: broken bones, amputations, lacerations, brain injuries, spinal injuries, bruises, contusions, and death. This are some of the forms of injuries that our attorneys have handle for our clients.

Our firm is small for a reason. We treat every one of our clients like family. When you or some one you know have had an accident, give us a call (210) 979-9777. One of our competent staff members will bring you in so that you can meet one of our attorneys that will be handling your case.

When you had a car accident in San Antonio, or you need a lawyer in San Antonio, you can count on us to help you. We care about your legal needs!

Why does the police in Texas uses excesive force?

2010-12-02T08:34:00.000-08:00

In Texas, the law allows a great deal of discretion to police officers simply because it has to. The concept of "qualify immunity" is a very powerful one. Since, officers deal with great danger on daily basis, the law allows them to use discretion when dealing with situations; however, many officers take this authority to a different level. The use of excessive force.

Public officials acting within the scope of their official duties are shielded from civil liability by the doctrine of qualified immunity. Harlow v. Fitzgerald, 457 U.S. 800, 815-19 (1982). Qualified immunity “serves to shield a governmental official from civil liability for damages based upon performance of discretionary functions if the official’s acts were objectively reasonable in light of then clearly established law.” Thompson v. Upshur County, Tex., 245 F3d 447, 456 (5th Cir. 2001).

A “defendant’s acts are objectively reasonable unless all reasonable officials in the defendant’s circumstances would have then known that the defendant’s conduct violated the United States Constitution or the federal statute as alleged by the plaintiff.”

This creates an atmosphere of panic to the public, when officers can enter your house, shoot your child, and make all kinds of wrongful acts, knowing that they are mostly protected. That is why officers may use excessive force.

When you (or some one you love) are faced with acts done by police that are excessive, such as shootings, killings, broken bones, bleeding and others, contact our law firm.

Although the use of force by police is permitted in Texas, the use of "excessive force" or police brutality is not!Give us a call (210) 979-9777.

Serious injuries, come and see us

2010-11-09T07:14:00.001-08:00

Our San Antonio Lawyers have been helping people in Bexar County when they suffer serious injuries as a result of some one's negligence. Auto Accidents are the main culprit, but also injuries caused by doctors, police officers and others.

The Baez Law Firm helps victims of car accidents, even when the victims don't have health insurance. Our lawyers will negotiate your settlement, and if needed, will go to trial for you. Let us help you with your case, do not do it alone.

Our Personal Injury Lawyers help victims of medical malpractice in Texas. The law is very rigit, and our lawyers know how to litigate a case under the new law. Give us a call (210) 979-9777 to set up a free initial consultation.

We have helped victims of police brutality in Texas successfully. If you have been a victim of police brutality in Texas, you need a law firm that is able to handle the police "qualify immunity" issues that could end your case. Let us fight for your rights in court.

Was your loved one shot and killed by police in Texas?

2010-11-02T07:12:00.001-07:00

Our Law Firm represents numerous families in Texas with regards to police brutality cases. Although the law protects the police, our firm has been able to overcome the obstacles in "excessive force" litigation and successfully bring justice for the families of the victims.

Public officials acting within the scope of their official duties are shielded from civil liability by the doctrine of qualified immunity. Harlow v. Fitzgerald, 457 U.S. 800, 815-19 (1982). Qualified immunity “serves to shield a governmental official from civil liability for damages based upon performance of discretionary functions if the official’s acts were objectively reasonable in light of then clearly established law.” Thompson v. Upshur County, Tex., 245 F3d 447, 456 (5th Cir. 2001).

This is the law in Texas, and it makes it almost impossible to sue a cop; however, our San Antonio Lawyers have been successful in bringing this cases in several Federal District Courts.

If your loved one was shot and killed by the police in Texas, give us a call.

Go out and vote today!!!

2010-11-02T02:28:00.000-07:00

Our democracy allow us to exercise our rights as citizens to elect the people we believe should lead us. Many people complaint about the choices made, yet, many don't vote.

We encourage every citizen of Bexar County to go out and vote. This is the only way that your voice can be heard.

As many of you have been faced with the devastating results that proposition 12 has had on injuries, when people don't vote, the results are horrible. Its time to talk to our elected officials and tell them, enough is enough.

Many injured victims have suffered. Please, go out and vote today! Tort reform needs to be reformed so that the injured can be compensated again. As we have seen in the past years, when the injured cannot get justice, is time to change so that compensation can level the playing field.

Again, please, go out and vote today!!!

Things to remember during this Halloween

2010-10-31T06:18:00.000-07:00

The Baez Law Firm, P.C. will like to wish everyone a happy and safe Halloween this year. Please, be advise that there are numerous irresponsible drivers that would drink and drive, without thinking of the consequences nor the damages that they can cause.

Parents, please inspect your children candies before you allow them to eat them. Some criminals still use Halloween as a means to express their wickedness. Be safe!

Children, when crossing the streets, please look both ways. Always have a reflective best or light to show the drivers that someone is there. There are many dark places in San Antonio, and a light would need to be used.

Please, let's make this year one that we can be proud of and say, there were no accidents nor fatalities in San Antonio.

Injuries from an accident need to be treated!

2010-10-07T08:40:00.000-07:00

Our law firm has been helping the injured in San Antonio even when no health insurance is available. We are able to help you with injuries from an auto accident immediately.

The most important thing after an auto accident is medical treatment. Our San Antonio lawyers can get you the medical help that you deserve after an auto accident.

If you have been injured as a result of an auto accident, come see us or give us a call (210) 979-9777. We care about your legal needs!

We represent the injured person all the way to trial

2010-10-01T04:28:00.000-07:00

In Texas, health care liability claims, and in most personal injury claims, medical expenses related to the care and treatment of an injured person often constitute a significant portion of the damages that might be recovered at trial. Recoverable medical expenses were addressed in the 2003 tort reform legislation. The new statute, Section 41.0105 of the Texas Civil Practice and Remedies Code, changes the way in which courts and juries are to evaluate this element of damages.

Since the change of the legislation of paid v. incurred, insurance companies have been paying less money for personal injury claims. This is so because the new legislation allows them to only paid on what was "actually paid" on behalf of an insured not what was "incurred" during an accident.

But what does that mean? It means that if two people have the same accident, but one has insurance and the other one does not, the person without insurance will have a greater chance to recover more money than the person that does. What? So, in Texas, if you do the right thing and have insurance, you are been penalized? Exactly.

Our lawyers have been faced with this dilemma for our clients for a while now. We have opted to take those cases that leave our clients without funds in their pockets to trial. In that way, the juries have the potential to hear what was incurred on behalf of the client.

For decades, the collateral source rule would bar insurance companies from bringing forth what was actually paid, now because of this legislation, the insurance companies that are supposed to paid the injured person are the one's benefiting from this law. Until the law is changed, our San Antonio lawyers will be fighting in court for the rights of our injured clients.

Injured by an auto accident, we can help

2010-09-30T04:35:00.001-07:00

Many times in life, an accident occurs when you are least expecting it. When this happens, the injuries that come with it are severe. Our law firm in San Antonio is here to help you during those times when it seems like no one care.

Severe injuries need special care by special doctors. Not every injury can be treated by any doctor nor can the injuries be left unattended. Brain injuries, spinal injuries, broken bones, lacerations, contusions, abrasions, even whiplash should not be left untreated by a doctor.

There is a special care required when the injury leads to death. In those cases, the families are left without a loved one. Injuries likes these have long lasting effects on many people.

If you have been involved in an accident, and do not have legal representation, give us a call (210) 979-9777. Our law firm is here to help you! Our attorneys are experienced in all areas of personal injury and more important they care about your legal needs.

Our San Antonio lawyers will handle you case with respect and dignity. We have handle wrongful death cases in San Antonio and wrongful death cases in Texas. Our San Antonio attorneys will take your case to court and win for you! We care about your legal needs!

Death in family by someone's negligence, we can help!

2010-09-20T09:14:00.000-07:00

The Baez Law Firm has been helping families that have been victims of some one's negligence. When your love one is death, as a result of negligence, we can help.

Our San Antonio Lawyers have been helping the injured in Texas. Our firm's motto is "we care about your legal needs!" We do this, by providing you, our client, with effective legal representation on your personal injury case.

Contact us, and you will see the difference from the moment that your walk through our doors. On personal injury cases, we do not charge you, unless our attorneys win your case for you. Let us be your legal team!

Run Mike Run!!!

2010-09-17T06:44:00.000-07:00

Alamo CrossFit head coach and accomplished ultra runner Mike Martinez is running from Ft. Worth, Texas to San Antonio, Texas. Sure, many people feel this is insane...it's hot and the path will be treacherous...but in Mike's view, no sacrifice is nearly enough when compared to the sacrifices America's wounded warriors have made.

Mike Martinez started a 300 plus miles run today from Dallas Forth worth to San Antonio. All proceeds will be for the benefit of the Wounded Warriors. The Baez Law Firm is proud to be a sponsor of this epic run. If your law firm wants to be part of it, please call Edgar Baez at (210) 979-9777. If you want to donate, click HERE.

If your entity wants to be a part of it, please call Rick Martinez at (210)
279-9259. Blonde Creative is a proud sponsor of this event. Please, help us make this dream a reality and a success story for the wounded warriors!

Iraq war vet and US Army officer Mike went to "the sandbox" and saw firsthand what the ravages of war do to soldiers. The pain and the suffering and ultimately the what now. Mike states:"I lost a great friend in Iraq and I made myself a promise that I would never forget the sacrifices they made for our country. Victory 400 is our way of never forgetting, of giving back as only a soldier can.

You can follow Mike's progress and see his initial moments here: Mike's Progress

Good luck Mike, and God bless you! Por Vida...

Had an auto accident, come see us

2010-09-09T03:22:00.001-07:00

Many people believe that handling their own personal injury case is simple. The problem stands from the fact that, insurance companies have their legal team ready for battle. That means that you, without your own team, have no chance of beating them.

Insurance companies have been dealing with personal injury cases longer than most of us been alive. From the adjusters, their whole world revolves around giving you, the injured person, the minimal amount for your injuries. If need be, insurance companies have a group of experts that will testify against your case in Court.

Because of these facts, you need to be ready to have a legal team of your own. Since personal injury cases are "contingency" cases, you should not hesitate to have a legal team when you have been injured by another driver.

If you have suffered injuries as a result of an accident, give us a call. We helped numerous people in Texas get the settlement that they deserve. We handle broken bones, brain injuries, multiple injuries, lacerations, scars, puncture wounds, amputations, death, and many more.

Do not attempt to get the results that you deserve by yourself. Let us help you win your fight for you. This is why we tell you, we care about your legal needs!

Defending the wrongfully accused in Court

2010-09-05T06:54:00.000-07:00

The attorneys at The Baez Law Firm will be representing a case in San Antonio for the wrongfully accused. The District's Attorneys Office is prosecuting this case for a aggravated sexual assault with a child. The case is The State of Texas vs. Rene Gonzales. Mr. Baez took the case because, even though he is a father of four little girls, he knows in his heart that Mr. Gonzales did not do what he has been accused of doing.

Mr. Baez researched the evidence submitted against Mr. Gonzales prior of the taking of the case. He noticed that, there was no physical evidence directly linking Mr. Gonzales to a crime. He also noticed that alibi witnesses where not allowed to submit a report to the investigators. But he noticed most that, the DNA evidence found on the girl's underwear did not belong to Mr. Gonzales.

The prosecution is ignoring all of the signs that this is a wrongful prosecution instead they are spending all their power and money attempting to convict Mr. Gonzales. As Mr. Baez puts it "there are too many innocent people in Bexar County convicted based on garbage evidence."

The Bexas County crime lab is to be blamed for this tragedy. The technique used, the methods employed are not up to standards, but they continue to submit garbage evidence because no one challenges it. This case is not an exception. From day one, the cops placed their eyes on Mr. Gonzales, and have not bother to look any where else, even though they should.

So, we are defending the wrongfully accused in San Antonio because justice requires to do so. Based on this case, we realized that the DA could use its power against any one of us, simply because they can. This is wrong and needs to be stop. We do this because, we care about your legal needs!

We helped another family in Texas with their police brutality case

2010-08-31T01:16:00.000-07:00

Our law firm has been helping people in Texas when they have a case of police abuse, police use of excessive force or when police use their power for the wrong reasons. We have helped thousands throughout Texas with this noble fight.

Recently, we settled a case for our clients when several county deputies abused their power simply because they thought they could. Although we cannot comment on the facts of the case, everyone should know that the deputies were fired and our clients were compensated. Several peace officers that thought they would get away abusing their power did not.

If your loved one has been killed by a cop, let us know. You may have a case against the police. Since we help people when others can't, this is why we say, we care about your legal needs.

P.S. help us select our logo for the firm from choices one, two or three. Thanks.

Help our team reach the goal!

2010-08-15T10:01:00.000-07:00

The Baez Law Firm will be raising funds for a worthy cause. Fight Gone Bad 5. We are doing this because, as Americas, we enjoy our freedoms by some one's sacrifice in battle. Our wounded soldiers.

There is no better sacrifice than to give your life for some one else. Although we are not asking any of our readers to give their lives, we are asking you to help us raise the funds for our wounded soldiers.

This is a way to say thank you, for each and every soldier that has sacrifice so much so that we don't have too. Thanks for your support.

Please, visit our site and help us raise the fund.

Alamo Cross Fit Fight Done Bad 5

Had a police brutality case, come see us!

2010-08-03T08:57:00.000-07:00

As a citizen of the United States, you have constitutionally given rights that protect you. Texans are not an exception. When police uses excessive force "police brutality" you need a law firm that knows how to handle the case.

Regretably, the law in Texas protects police officers. In Texas, there is a force continuum that allows the cops to always be in a position superior to any other. The reason is simple, but the results are catastrophic. Because this false sense of security for the cops, some cops missuses that power, and that is when your rights can be violated.

If you suspect that your civil rights have been violated, give us a call (210) 979-9777. We handle federal cases all throughout Texas.

Helping you with your injury

2010-08-02T12:54:00.000-07:00

Many times, prospective clients indicate to us that they need help with their personal injury cases. Often times the problems is that people think that they can handle their own legal problems, simply because they have seen it on television. The fact of the matter is, they cannot.

Lawyers go through intensive training and develop skills with time that the lay person cannot posses by watching television. If you think about it, insurance companies have top lawyers representing them. With that in mind, you should too.

We received a call today that the person wanted help. They wanted us to answer one question because the statute of limitations was tomorrow, so they needed advise. They mentioned numerous legal terms that were irrelevant to what they wanted to accomplish. We told them they did not need advise, they needed a miracle.

Our San Antonio law firm handles injury cases against negligent people. We often fight insurance companies to negotiate settlements on behalf of our clients. In every situation, the insurance companies tries to negotiate a case in order to minimize their exposure. Since we know that, we are able to use that tool for our client's advantage.

We also handle cases against police departments that have deviated from their principle duty to serve and protect. Although police forces enjoy what is called "qualify immunity," many times they have exceeded their authority which violates people's constitutional rights, and that is when we come in.

Please, if you have been injured in San Antonio, you need a lawyer that can handle your case. Do not do it alone. We offer free initial consultations in order to evaluate a case and give our clients the best possible answer.

Give us a try, and you will see the difference that our law firm has to offer.

Our newest employee

2010-07-28T10:15:00.001-07:00

The Baez Law Firm is proud to announce that Felicia Montoya is our newest employee. She has taken the position as a receptionist so she is now the face and voice of the firm.

Ms. Montoya is married and has two children. She was raised and lives in San Antonio and will be a great asset to our staff. She has a vast experience in customer service and she has dealt with legal clients in the past.

If you have a need for an attorney, call us (210) 979-9777. You will hear our newest voice and notice the difference from the moment that you contact us. We are San Antonio Lawyers and Attorneys that care about your legal needs.

You can always stop by our law firm, since your initial consultation is always free. Our lawyers handle personal injury, family law, business law, criminal law, consumer law, bankruptcy, appeals and many other areas of law.

San Atonio Personal Injury Lawyers helping others with their cases

2010-07-18T05:45:00.000-07:00

Although our main practice is personal injury law, The Baez Law Firm is a general practice law firm that cares about your legal needs. We have been doing this by providing you, our clients, with efficient legal representation and personalized treatment. Our clients are our number one priority, and we appreciate and treat them like people, not numbers.

If our clients suffer from the negligence of others, our senior attorney Mr. Baez handles their personal injury case with integrity and dignity, and our clients get the settlement that they desserve. We treat others as we would like others to treat us, and that is how we handle the personal injury case, period. When you need a personal injury lawyer in San Antonio, you need The Baez Law Firm on your side. We handle all aspects of personal injury law, medical malpractice, auto accidents, police brutality cases, truck accidents, nursing home negligence, products liability, defective tires, brain injuries, wrongful death and many more areas of personal injury litigation.

If our clients have financial problems, and the bills are getting out of hand, they come to see us to help them. Our bankruptcy lawyers will prepare a petition for bankruptcy on your behalf, to stop the harrazing phone calls from creditors. Ms. Sostre will handle your case expedently and to your satisfaction. Let us help you if your bills are getting out of hand. Ms. Sostre is currently a City Judge and a member of The Baez Law Firm.

If our clients have a family issue, whether is a divorce, child support, visitations, adoptions, cps case, grandparents rights, family abuse, or any other aspect of family law, they come to us so that we can help them. Our family law cases are handled by Mr. Fowler, and he is an attorney with over 20 years of experience. Mr. Fowler's compasion is felt by our clients and his patients will help you through even the most difficult aspects of your family law case.

If our clients have business issues our attorneys handle their legal problems for them. Our business law experience is vast and we will figure a way to solve the legal issue with the less amount of expenses for your business. We handle issues on a local and national level when it comes to your business. Your business needs an investement, you need our legal team on your side.

If our clients have been wrongfully accused of a crime, our legal team will prepare a defense that is honest and fact driven. In many cases, our attorneys will get an expert to prove that our clients were not the alleged perpetrators. Hector Gonzales III is the attorney handling criminal law for the firm. He has been in practice for over 15 years, and he handles murder cases, manslaughter, sex offences, internet offences, white collar offences, DWI cases, assault cases, any other other alleged crimes that our clients may be charged with. When you need a criminal defense lawyer in San Antonio, you need The Baez Law Firm on your side.

There are other areas of law that our firm handles for our clients. We would love for you to stop and give us a visit, so that you can see the difference of our legal team, and this is why we say "we care about your legal needs."

The Baez Law Firm welcomes Hector Gonzales III to our staff

2010-07-17T06:29:00.000-07:00

The Baez Law Firm has been practicing personal injury and general practice since its inception. We added a criminal defense side and now we welcome Hector Gonzales III to our firm as of counsel.

The reason for our success is that we do not defend criminals, we defend the wrongfully accused in San Antonio. We are San Antonio Lawyers and Attorneys here to help you with your legal needs.

If you need help with your legal needs, including your criminal defense case, come see us. We base our defense in honest, efficient and talented defense based on facts and true. As its been said, and the truth shall set you free.

Come see us, and you will see why we say, we care about your legal needs. We continue to help the injured with their case in court, and now, we are helping the wrongfully accused to have the same day in court.

San Antonio Civil Rights Lawyers

2010-07-05T10:01:00.000-07:00

The Baez Law Firm has been handling civil rights cases in Texas for our clients, specially when it comes to excessive force. The United States Constitution guarantees every American citizen certain civil rights of personal liberty. Many times, the power given to entities or individuals infringes upon other's civil rights.

Among these fundamental civil rights and liberties are the freedoms of speech, religion, assembly, and to petition the government, and the rights to bear arms, to procedural due process, and to be free of unreasonable searches and seizures and cruel and unusual punishments.

But these rights are truncated on a daily basis by officers that exceed their power and use excessive force when not necessary. That is not to say that, every arrest in San Antonio is a police brutality case, but viewed in the "totality of circumstances," some arrest could have been handle more appropriately, and that is when we come in.

Not a single cop in the world would find it reasonable for another cop to shoot 13 times from behind to a group of teenagers that were speeding. Yet, it happened in San Antonio. The list is long and we rather not talk about ongoing cases. Those responsible for violating your civil rights are not going to willfully turn themselves in to be held accountable. If your rights have been violated, you need a powerful legal advocate on your side. We can help you take on at-fault parties and ensure that nobody is above the law.

We handle 42 U.S.C 1983 cases, 1981, 1985, 1988 and many more. Our civil rights lawyers are here for you. Our civil rights attorneys get the job done. Come see us, and you will see the difference from the moment that you walk through our doors.

Let us handle your injury case

2010-06-13T06:35:00.000-07:00

We are San Antonio Lawyers that handle your injury case. Our lawyers have litigated injury cases in Texas with great results for our clients. Do not do your case alone, let our experienced lawyers handle your injury case. You do not pay us, unless we win your case, it's that simple.

Insurance companies do not want you to contact us because we obtain settlements for our clients far greater than what they want to pay. In fact, they will contact you before you can contact us, in order to minimize their exposure. That is a common practice in the insurance industry, and one that does not help you, the injured party.

Do not trust the insurance companies when they tell you: "you are in good hands, we are always there, been local counts..." and many more slogans created by them. The fact is simple, they are there to make money, not to take care of you.

If you are a victim of an accident that left you with broken bones, lacerations, bruises, cuts, bleeding, fractures, or any injury, please contact us first. We can protect your case and ensure that you are taken care of properly.

Come see us, and you will know the difference from the moment that you walk through our doors. Your consultation is free. You have nothing to loose, and everything to gain. Give us a call today!

Personal Injury Trial Lawyers

2010-05-19T09:21:00.000-07:00

The Baez Law Firm has been helping injured Texans for several years. Our attorneys will take time to listen to your facts, and will take your case to trial when necessary. Many times though, our attorneys have the tough job to tell a client that, there is no case. When you have been wronged by someone, come see us. We will treat you with respect and dignity. When someone is responsible for their negligence, come see us. We can help, but if we can't, we often tell you who can. Come see us, and you will see the difference from the moment that you walk through our doors. Your personal injury consultations are always free. Visit our websites at http://www.thebaezlawfirm.com or http://www.san-antonio-lawyer-attorney.com

Wrongful death in Texas

2010-04-15T02:54:00.000-07:00

Our law firm has been handling wrongful death cases in Texas on behalf of the family members that lost their loves one. A wrongful death occurs when, by negligence or malfeasance of some one, a person dies. It is not to be confused with murder, although there are civil implications from that criminal action (like OJ Simpson's case), but for the most part, a criminal act does not have to be involved.

Texas statute provides that 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 his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default. This is found in the Texas Civil Practice and Remedies Code Sec. 71.002.

Many times the wrongful death was because of medical malpractice, in which case the attorneys handling the case must be knowledgeable and careful with the handling of the case because Chapter 74 of the statute will apply.

Last week our law firm took on a case that our client's children were killed by the negligence of a police department that did nothing to prevent the death of the children. We will keep our readers posted on the results of the case. During this difficult times, our law firm provides the counseling, comfort and compassion needed by the families of the victims.

We are proud of providing legal representation in Texas for the families that would otherwise would have no way to have their cases heard in Court. Although we mainly serve the San Antonio our law firm has cases all throughout Texas and will continue to help the families of Texans.

Our attorneys will treat you with respect and dignity and you will be treated like a family member and not a number. Contact us so that we can discuss your potential case. Let us be your legal team.

Medical Malpractice in Texas

2010-04-06T02:07:00.000-07:00

Before this new legislation was passed, people in Texas were able to be compensated when a doctor did something wrong to them. Now a days, that is not the case. Before personal injury attorneys will take any medical malpractice case, there is too many concerns that we must face.

First, is the amount of money that is going to be spent, worth the time and effort that is going to be used to obtain a fair and equitable settlement for the clients. Next, is the expert report, required by Chapter 74 of the CPRC going to overcome the challenge by the Defendants. Also, is there any insurance coverage that would decrease the recovery for the injured. These and many more are considerations to be taken by the lawyer or law firm that will handle your case.

Before proposition 12 was passed, the former 4590i statute gave some indication as to where the law was going to go. Today, the impact that has created on the community is far to grave to describe.

For instance, the paid or incurred statute rewards the irresponsible in Texas and punish the person who does what is right. To explain this concept, it would take another post, so stay tuned.

In essence, Texas has become a place where the injured are suffering more and more, and the wealthy insurance companies and doctors are benefiting at the behest of their pain and suffering. Something needs to be done pronto.

Fortunately, there are still law firms that will handle some cases. If you, or some one you know has been injured by a doctor, contact us. We care about your legal needs.

We support Nico LaHood for Bexar Cunty District Attorney's Office

2010-03-14T08:08:00.000-07:00

Nico is a much needed change for San Antonio. As The Baez Law Firm represents thousands of injured people, especially those injured by the police, we have seen how San Antonio has become one of the worse cities to raise a family and to live in--and this is because of crime. There is a direct correlation with crime, and the reasons why it occurs. Nico says it best "One of the major reasons crime is on the rise in San Antonio is that we ignore the root cause of crime." But we are not the only ones who see that, the FBI also sees that.

Our city's crime rate has increase exponentially, and no one is doing anything about it. Some one once said: "The definition of insanity is doing the same thing, over and over, and expecting different results." If you vote, and we hope you do, and you vote for Susan Reed, then the crime rate to our beautiful city will continue to rise. If you are insane, and we know you are not, then don't vote for her. If you want something different, if you want change, then vote Nico for DA. For more information see www.NicoforDA.com

This excerpt from his website: "Native San Antonian Nicholas ‘Nico’ LaHood, as a result of his extensive legal and trial background and countless professional accomplishments and recognitions, has successfully established himself as a highly respected and revered attorney in the community. He has built a successful law practice with father, Michael LaHood and brother Marc LaHood. As a former special prosecutor for Bexar, La Salle, Wilson, Karnes and Medina counties, Nico built a reputation for hard work and a no-nonsense approach at trial. A philosophy embraced early in life, Nico has relied on integrity and ethics-based principles when working towards justice.

It is time to get back our city to were it once was. A beautiful, peaceful and productive city is on its way, but Susan Reed needs to go.

San Antonio Police Department protecting their interest

2010-03-11T01:24:00.000-08:00

It has been the practice of the San Antonio Police Department that when officers are involved, they treat the situation differently than if a civilian is involved. In the most recent event, that happens to be the case.

Off-duty San Antonio police Sgt. Gabe Trevino, 42, was on his way home after working a patrol shift, driving a city-owned blue Chevrolet Impala west on the access road. He entered the highway's on-ramp, and his car made contact with the SUV Davila was driving. Notice how quickly the distinction is made, "off-duty."

A police report said Trevino may have failed to yield the right of way to Davila's SUV, which skidded across the two-lane highway and flipped over a 3-foot-tall concrete median. Texas law states motorists entering a freeway must yield the right of way to vehicles on the freeway. Had this been anyone other than an officer, the report would have said, Trevino failed to yield the right of way.

According to police, neither alcohol nor speed is believed to have contributed to the crash. Since officials did not suspect Trevino had been drinking, blood was not drawn, nor was a breathalyzer test conducted. The city does not require alcohol tests when company vehicles are crashed. Had this been anyone other than an officer, all kinds of chemicals test would have been performed.

As concern citizens, questions that have come to our minds are, how long was Trevino working for before the accident? Why no blood nor breathalyzer done on the cop? Why is the SAPD so "hush-hush" about it? The most disturbing thing is, why is the SAPD trying to blame the victim? Reason, "Liability."

The police report said Davila may have failed to take evasive action to avoid the collision: “when a driver takes no evasive action at all,” when she should have; “or, in an effort to avoid the collision, the driver takes improper evasive action, and the action contributes to the crash,” according to the Texas Department of Transportation. This would be the case only if Davila saw Trevino's car coming towards her, not if Trevino was driving so fast that it would have been impossible to see the car. The report does not take this in consideration, and why would it, the report is written by another cop.

This are facts about Trevino's driving record. Trevino received a speeding ticket in his personal vehicle Feb. 13 for traveling 78 mph in a 65-mph zone. Trevino has been involved in at least two previous wrecks, once in 2004 and again in 2007.

The department said "He wasn't found at fault in either incident, nor was anyone injured," SAPD spokesman Sgt. Chris Benavides. Benavides also said it was unclear whether he was on duty when those incidents occurred. SAPD's attempting to minimize liability.

This is an example of cops protecting cops phenomena. We have seen this type of behavior from the police departments in many of our cases. Regrettably, the police department will protect their interest, the cops will continue to work for the departments and the victims and their families are left with unanswered questions.

Injured by a drunk driver, we can help

2010-02-26T01:10:00.000-08:00

In Texas, many people have suffered from the negligence of drunk drivers. In most cases, the victim was simply at the wrong place at the wrong time. But, what happens when the victim suffers injuries that are severe or even fatal?

Most insurance companies will try to minimize their client's exposure to liability, simply by offering a fast settlement, and pretending that they are friends and looking out the best interest of the victim. Slogans such as "in good hands" are used to simply mislead the public.

Like most business, insurance companies are created to make money. They do not make money by paying out on all claims filed. When an insured is drunk, their potential exposure increases, and so should the payment to the victim. In many cases the insurance companies themselves contact the injured victims, so that they do not feel the need to contact an attorney.

When this happens, often is a fatal mistake, and one that insurance companies love to have to their advantage. Drunk drives are a problem in Texas road and they should be dealt with accordingly. Since a quick settlement may appear to the lay person as a good thing, in tern the insurance company have capitalized and improved their bottom line.

Insurance companies have been playing this game for too long, and they are very good at it. Every one must know that, insurance companies have a legal team of their own, but yet, they are willing and often wanting to settle with the victim of a tragedy, without allowing them their legal protection.

It is time for the injured victims to level the plane field. It is time to have a legal team, that cares about your legal needs. It is time for the injured victim to contact The Baez Law Firm, P.C.

If you have been a victim of a drunk driver, give us a call (210) 979-9777 because you need legal representation and you need a team that will fight for your legal rights.

Medical Malpractice law in Texas

2010-02-18T00:29:00.000-08:00

The law has changed in Texas, sometimes to the detriment of the victims of malpractice. This is true in the area of wrongful death. Years ago, a victims family could file a wrongful death or survivor actions for the wrongful actions of a doctor that negligently procured the death of the loved one. Now a days, that is no longer the case.

Texas law changed with proposition number 12, which created section 74 of the civil practice and remedies code. This is a very broad law that pretty much swallows a wrongful death action against any doctor or medical treatment facility for that matter. The law created the infamous "caps" on non-economical damages.

The proponents of the law, falsely accused trial attorneys of filing numerous frivolous law suits which allegedly increased the premiums on doctors, making it impossible for them to practice medicine. With that lie, the public voted for proposition number 12 and the results have been catastrophic.

A victim of a doctor's negligence is only allowed a recovery of $250,000 no matter what the injury was. In other words, lets supposed that you were a prominent entrepreneur, making millions every year, and you had a stomach pain. You go to the doctor and the doctor negligently takes your kidney out, but you only had indigestion. Now you have to be on dialysis for the rest of your life, your sex life is gone and your wife left you. Now you are broke, can't work and are placed on disability by the social security. Your maximum amount of recovery against the doctor is $250,000. And you are expected to live the rest of your life with that.

Let's supposed that you are an avid dancer that loves to take your wife dancing every weekend. You have back pain, and decide to go to the doctor for pain management. A neurosurgeon tells you that you have pinched nerves, but tells you that he can help you with a simple surgery. You decide to go through with the surgery, but the doctor severs a nerve in your spine that leaves you with drop foot. Now, you cannot dance and you are in constant pain. You have to wear a boot for the rest of your life and of course, no more dancing for you or your wife. The doctor gets to continue to make the same mistake to other victims, and your life, as you knew it is over. But wait, you may get $250,000 form the insurance, assuming that you find an attorney that will take your case.

Medical Malpractice law in Texas has become an obstacle for the people who really needs it the most, the injured victims. Because of false information, victims are now facing the harsh reality that, they will never be compensated for he wrongful actions of irresponsible doctors. And by the way, doctors came to Texas by the thousands when the law changed.

We have been helping injured Texans fight for their rights. Let our experts handle your case and take it to a successful recovery for you. We will continue to fight for your rights, and we will continue to try to change the law as we know it for the better of the victims.

Visit our websites: The Baez Law Firm, P.C or San Antonio Lawyer/Attorney or San Antonio Injury Trial Lawyers.

Our Law Firm fights for your rights in Court.

2010-02-08T03:58:00.000-08:00

We have been taking care of legal needs for the people of San Antonio ever since our inception. We strive to give each of our clients the best legal representation money can buy. We are your San Antonio Lawyers.

When you are injured based on some one's negligence, we are here for you. We fight the insurance companies that are only trying to minimize your recovery. When drunk drivers are at fault, we make sure that justice is done. When fatal injuries result from the accident, our nurses and doctors are here to help you get the best possible recovery for you.

In many cases, the insurance company will offer a low amount because they know that not all attorneys will fight in court. We however, will file the appropriate legal papers to insure your maximum recovery.

Since we do not follow the insurance companies recommendations for settlement, our clients get the maximum amount of recovery for their cases. Come see us, and you will know the difference from the moment that you walk through our doors.

Visit our websites: www.thebaezlawfirm.com www.san-antonio-lawyer-attorney.com www.sanantoniopersonalinjurytriallawyers.com

Toyota Recalls millions of vehicles

2010-01-28T02:35:00.000-08:00

AP-Toyota Motor Co. indicated that it will recall 1.09 million more vehicles in the United States on Wednesday, because of mechanical problems that could cause accelerator pedals to become stuck.

Toyota, which issued a recall last week for 2.3 million vehicles, expanded the notice to include the 2008-2009 Highlander, the 2009-2010 Venza and 2009-2010 Pontiac Vibe.

Sources say that "This isn't the first time an automaker has initiated a sales stoppage. In the past four years, Chrysler, Nissan, Ford and Subaru all have initiated stoppages, but Toyota's affects the most models."

Victims of vehicle malfunctions have suffered millions of dollars in losses and injuries that could have been prevented. The automakers have been dealing with this problems for decades, and now the government is putting down pressure on them.

They dichotomy to the industry has been (whether to install the part needed or face possible litigation in the future) these is call the cost analysis. Big companies face it every day, but not to such extend of potential damages.

When victims are injured by the negligence of the auto makers, often they do not recover for their loss. It is time to make the industry more responsible for their actions or rather inaction. Rather than waiting for the government to intervene, auto makers should be more responsible with the production of their vehicles.

Let us know if you, or a loved one has suffered injuries as a result of vehicle malfunctioning. You may be entitled to recover for your injuries.

Homes evacuated in San Antonio

2010-01-26T00:30:00.000-08:00

AP News- Thank God that no one was injured, or so the reports say, but what a nightmare. Construction crews, presumably from Centex Homes moved dirt to shore up a group of houses precariously perched on a crumbling hill in San Antonio on Monday as engineers tried to determine why the land below was shifting, causing dozens of homes to evacuate.

The City of San Antonio is saying that a wall that was supposed to retain the dirt in place to prevent what happened, was built without a permit. Gaping crevices, some 15 feet deep, cut across several yards as dirt cascaded into a towering stone retaining wall that nearly split in half.

Home buyers are wondering now whether the premiums payed for the supposed "view" were worth the trouble that now they face. Some lot owners payed $10,000 additionally for the upgrade that now it does not seem like an upgrade at all.

The Baez Law Firm will be representing home owners against the building companies in an effort to bring the buyers closure during this nightmare. If your house has been one affected, give us a call. Our San Antonio Law Firm can help you with your legal needs.

We help auto accident victims obtain justice

2010-01-20T19:31:00.000-08:00

We have been serving the community in San Antonio for victims of auto accidents when the negligence of the driver causes either death, fractures or fatal injuries. We are happy to report that The Baez Law Firm has obtained numerous policy limits and beyond settlements for our clients.

Insurance companies usually attempt to minimize their insureds potential for liability by quickly settling the case for pennies on the dollar. They do this to keep more money for their shareholders.

When you, or your family members have been a victim of auto accident in San Antonio or Bexar County, give us a call. We will fight for your legal rights and we will get the justice that you deserve.

Our San Antonio Lawyer will manage your case to a successful outcome for you. When the insurance company does not want to offer a reasonable amount of money, our lawyers will fill law suits on behalf of our clients. This is one of the reasons why we say, The Baez Law Firm is here for you because we care about your legal needs.

We were asked to help on other police brutality cases in San Antonio and Brownsville Texas

2010-01-16T07:16:00.001-08:00

Recently, The Baez Law Firm was asked by two renowned trial lawyers in Texas Ed Goldner and Rosie Alvarado to help them and to take the lead with their federal cases against two police departments unreasonable use of force when dealing with the public. The city of Los Fresnos and City of San Antonio both have been sued in Federal Court for allegations of wrong doing by its police force.

In both cases, the victims were disable individuals that were cowardly and utterly assaulted, raped and bitten by the police. In both cases, the police fabricated police reports and lied to cover up their wrong doings. This type of incident, although not common, does happens and when it does, some one has to defend the rights of the victims.

We believe that in both cases, the cops were given too much power, not enough training and not enough supervision thus allowing the cops to overstep their authority and misuse their otherwise legally granted powers given by the state.

Texas has seen an increase in Police brutality allegations and cases filed from those allegations. We must all stand together and fight for any injustice, including the abuse by some police officers that have forgotten that they were given authority to serve and protect not to antagonize and overpower on people's constitutional rights.

If you have a case in Federal Court, let us help you obtain the justice for your client that they deserve. That is why we say "we care about your legal needs!"

What to do if you have an accident

2010-01-14T07:42:00.000-08:00

Many of our clients have asked us to let others know what to do when they have an accident. The reason for the request is obvious. In Texas, many people decide to represent themselves during a personal injury claim. Although we don't recommend it, here are some pointers to remember.

1. The insurance company is not your friend. Contrary to popular belief, you are not in good hands. They are only interested on their bottom line, not yours.

2. Take your own pictures. Many liability cases are decided, not on what the police report says, but on what the pictures of the accident say. Always think on liability, even if its clear who is at fault.

3. Your recovery is directly proportional to your injury. There are two parts on an auto accident claim. Property damage and personal injury. For the most part, insurance companies will challenge the personal injury part.

4. Get witnesses information. Many times people stop at the scene of an accident to see whether everything is OK, ask for their phone numbers.

5. Get medical attention. Even if you feel OK at the time, the fact that you suffered an accident could be dangerous later on after the shock passes.

6. Get legal representation. As they say in law school "only a fool has him/her self for a client." Besides, what do you have to loose vs. what you could win.

Insurance companies have their legal team on hand, and so should you. We are San Antonio Personal Injury Lawyers here to help you with your legal needs. Visit our website The Baez Law Firm, P.C. or give us a call (210) 979-9777.

Why do you need damages?

2010-01-10T00:55:00.000-08:00

Many people comes to our firm and ask, can we sue the negligent party for what they wrongfully done to us. In many cases, the answer is yes but upon further analysis of the cases, it becomes clear that the damages are missing. In order to recover under the theory of negligence, the law is clear, the fact that you have to have damages is as important as the fact that some one was negligent.

When there are no damages, unfortunately for many individuals, that means that there is no case at all. We have found this result with many medical malpractice cases and premises liability cases. Not so much so on the area of auto accidents. The reason is clear, if there is a car collision, there are some damages, both to the property and the person.

As an attorney, one has to look at the case, specially for negligence cases as one that can potentially reward the risk that the lawyers takes on taking the case. Since these cases are often taken on a contingency basis, the lawyers needs to insure that all elements are present before taking the case.

In a nut shell, for negligence to be actionable, there has to be 1) duty, 2) a breach therefrom, 3) actual cause, 4) proximate cause, and 5) damages. Miss one element, you miss the case. Although many cases the damages be nominal, generally, the greater the damage, the greater the recovery.

So, next time you hear the hype from highly commercialized lawyers, don't think that they are better at recovery, they just take the cases with the greatest rate of return form them and make it appears as though every case is going to win big.

If you have suffered or been injured by some one, give us a call (210) 979-9777 we will evaluate your case free and we will treat you with respect and dignity because, we care about your legal needs.

Why does police brutality happen?

2010-01-05T03:11:00.000-08:00

In the years that The Baez Law Firm has litigated police brutality cases in Texas, the lingering question remains on our clients mind. Why did the police abused me? To understand the problem, one must go deep into the past, the present and perhaps into the future of our police force.

From the inceptions, police forces were not looked favorably. Since, police are agents or agencies empowered to use force and other forms of coercion and legal means to effect public and social order, where in many cases, the law becomes the lawless, many officers take that power to another level. But why?

Perhaps you have been a witness of reverse bully's. We have come to find out that, many officers who commit violations of civil rights, do so because they over exercise their power as a result of the phenomena that we will call “reverse bullysm.” Nearly 95% of officers that have committed violations were bullied by others when young. Since, now they have the power to use force, they are not going to be bullied again, thus the phenomena occurs.

According to the experts, "In order for police officers to do their job, they may be vested by the state with a monopoly in the use of certain powers. These include the powers to arrest, search, seize, and interrogate; and if necessary, to use lethal force. However, police organizations must sometimes deal with the issue of police corruption, which is often abetted by a code of silence that encourages unquestioning loyalty to one's police unit."

Again, as we litigate these cases, we find that many cops know that their fellow officers are violating the law, but because of the code of silence, they do not speak out. Sometimes without wanting to do so, other officers participate in the police brutality simply because of the code or simply because it is a way to release all pressure that they have build up from the job.

We are not saying that all cops are bad, but we are saying however, that the system that monitors our cops is obsolete. There has to be better technology to employ in monitoring police officers and harsher punishments for those who violate the law, specially of those officers who violate the rights of victims that did not commit a crime.

As of today, many police departments only suspend or terminate the offenders without ever having to face any criminal charges. And the worse part is, that since the department terminated the offender, now they say that they are not responsible for the victim’s damages since the bad cops was acting alone, and not under the color of law. We see these tactics over and over again.

If you have been a victim of police brutality, call us (210) 979-9777 we can help.

Settlement on personal injury cases

2009-12-31T02:17:00.000-08:00

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

2009-12-28T20:40:00.001-08:00

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?

2009-12-14T14:28:00.000-08:00

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

2009-12-10T03:42:00.000-08:00

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

2009-12-04T03:45:00.000-08:00

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.

San Antonio attorney and legal team

2009-11-17T01:56:00.001-08:00

When you are looking for an attorney in San Antonio, whether for an auto accident, or or a personal injury case of a love one, you have come to the right place. Our San Antonio law firm has the capabilities of handling your case with respect and dignity.

Our Bexar County attorneys have the experience that you need to win your case. Our lawyers in San Antonio handle complex cases of litigation and simple ones at an affordable rate. We offer payment plans. When you have a legal need, you need a law firm that can help you.

Don't face an insurance company alone, they have their legal team, and so should you. Come see our attorneys in San Antonio that handle cases in Bexar county and contiguous counties. We help you with your car accident, divorce, criminal case and many more.

Let our experience be on your side. Come see us and you will see why we say that "we care about your legal needs."

San Antonio attorney and San Antonio lawyer here to help you with your legal needs.

Vehicle accident in San Antonio or Bexar County, we can help

2009-11-12T07:44:00.001-08:00

You have seen our adds on the via buses all throughout San Antonio and Bexar County. We tell you that "we care about your legal needs," and we mean it. The Baez Law Firm, P.C. can help you with your auto accident in San Antonio. Our lawyers are experienced in dealing with insurance companies.

When you have a car accident, you need to gather all the information about the person that collided with you. Our staff will get the police report, issue letters of protection on your behalf, and send you to the best doctors available in San Antonio.

We are known to try cases that other firms refuse because they are not too big. Our firm does not back down from a fight with the insurance companies after your vehicle accident. When you are injured, the last thing you need is to have to fight with an adjuster. Let our attorneys fight for you!

If you suffer broken bones, fractures, scratches, lacerations, bruises or any other type of injury, we can help you get the money that you deserve for your injuries. If a love one die, as a result of negligence of the driver, we can help you, and your family collect money for your lost. Although we cannot bring back your love one, you and your family should be compensated for your lost with a substantial amount of money.

We have doctors all throughout San Antonio and Bexar County, and we can come to you if you need us. Let our experts handle your car or auto accident. Let The Baez Law Firm, P.C fight for your rights. This is why we say "we care about your legal needs."

Tragedy at Fort Hood

2009-11-07T04:27:00.000-08:00

The Baez Law Firm, P.C. would like to extend prayers for the families of the 13 killed and 43 wounded at Ft. Hood, Texas during this tragedy at the base. May God give every family member the strength to deal with the grief and the comfort to know that God still is in control of the universe.

Our law firm provides....

2009-10-07T10:55:00.000-07:00

Our law firm provides personal service to our community and the public at large. If you have a problem with your insurance, we can help. We will get you the compensation that you deserve based on your injuries.

If you or your love one suffered a trauma, we can help. Our attorneys can handle cases that involve wrongful death, accidents, injury, and many more. Come see us, and one of our lawyers will take your case to a resolution.

A lawyer should be a compassionate individual and knowledgeable. Every attorney should be respected by peers and community. The Baez Law Firm, P.C. has those kinds of lawyers and staff members.

When people are involved in car accidents, they come see our personal injury attorneys that work with our firm. From small fender benders to large car accident, our team is here for you.

Our motto is simple, "we care about your legal needs!" We are San Antonio's premier law firm that handles your case with respect and dignity. Our lawyers handle car accidents, personal injury, family law, business law, criminal law, and many more areas of law.Including referal to other websites.

San Antonio auto accident lawyers and attorneys

2009-09-28T12:51:00.000-07:00

Our San Antonio auto accident lawyers and attorneys have been helping injured Texans and San Antonians for years. We have obtained settlements for our client's injury that exceeded their expectations.

If you have been injured in an auto accident, or any other motor vehicle accident, our San Antonio injury lawyers and attorneys can explain your rights and how to protect them. Your auto San Antonio accident lawyers and attorneys can assist you in making claim for your injury and recovering adequate compensation.

Your San Antonio auto accident lawyers and attorneys offer free consultations. Your San Antonio auto accident lawyers and attorneys work on a “contingency fee” retainer. What that means is that your San Antonio auto accident lawyers and attorneys will only charge a fee if your case is won.

The law gives you a specific amount of time to bring your case. This is what’s known as a “statute of limitations.” If you do not start your case within the required time, you lose your right to bring your case. As “statutes of limitations” vary depending on the type of case, it is important that you contact your San Antonio auto accident lawyers and attorneys as soon as possible after an accident or injury.

Death by a drunk driver

2009-09-27T14:57:00.000-07:00

In Texas, drunk drivers drive every day on our roads. Many of them are so intoxicated that they can cause death to our love ones. Although the different DA's for the counties are taking actions, the families of the love ones can recover for their loss.

The Baez Law Firm, P.C. has been recovering for the damages that this drunk drivers have caused. Whether the driver was on a motorcycle, an SUV or a car, we can help your family recover for your loss.

The insurance companies will attempt to minimize the tragedy by offering you a quick, smaller amount that you would otherwise get with proper representation. Do not accept this offers unless and until you consult with your attorney.

When you are not properly represented, the insurance companies can take advantage of the situation in an attempt to pay out as little as possible. Since the insurance company does not owe you, the family member a duty to fear dealings, they will win all the time, when you are not represented.

Let us be your legal team. Let our attorneys work for you and get you the money that you deserve for your loss. Come see us and you will know the difference from the moment that you walk through our door. This is why we say, "we care about your legal needs.

Accidents after rain

2009-09-12T03:54:00.000-07:00

In Texas, specifically in the San Antonio area, the roads seem to be filled with more accidents after it rains. This phenomena has been a tragic reality for many families that have lost love ones due to some one's negligence. For some reason, drunk drivers and many more dareful drivers are more prone to drive during the rain posing greater risks to the public.

As it is, when you are driving a vehicle, all of your senses need to be alert and ready to react to any situation. When weather conditions change, especially during the rain, these senses need to be even more alert and ready to react. On top of that, for some reason Texas drivers are not the most careful ones in the nation. This means that, rain plus something else could be a fatality for you or the one you love.

The fact that we have too many "aggressive" drivers results in even greater chances for an accident to occur during difficult weather conditions. This has caused the “rubber necker’s” phenomena to increase resulting in even more accidents to occur in Texas in the last decade. We understand that many people cannot afford to stay inside when it rains, but we recommend that if you can, you do. On the other hand, if you, or a love one is facing this difficult position, contact us. We can help.

The Baez Law Firm, P.C. has been helping the families of those affected by tragedy. We have collected monetary awards for the less fortunate, as a consequence of the irresponsible behavior or some Texans. We cannot return the love ones to you, nor make the pain go away for the families, but we can, and we will get you the compensation that you and your family deserve.

The deadly rollover accidents

2009-09-04T06:54:00.000-07:00

Every year, Americans are being killed and gravely injured in rollover accidents because of the auto industry's greed, dishonesty and callous disregard for the safety of consumers. For the most part, the auto industry could reduce the rates of death, but refuse to do so because of cost.

In many cases, passengers in sport utility vehicles and fifteen passenger vans are three times more likely than car occupants to die in a rollover. Their risk of being paralyzed is also greatly increased. Yet, manufactures continue to produce the same unsafe vehicles day in and day out.

Although manufacturers know how to make safe vehicles, some auto executives have cut corners and lied about their actions in order to make more money and reduce cost to the behest of the public. People are being killed and maimed as a result.

Whether your case involves a multiple vehicle collision or a single car rollover, your family should retain a personal injury attorney as soon as possible if your loved one has been killed.

Sometimes insurance companies will attempt to settle wrongful death cases shortly after an accident for short money. DO NOT LET THIS HAPPEN TO YOU! Insurance adjusters and claims representatives are there to save their companies money. They have their legal team, and so should you. You need to have an experienced, honest and professional law firm working for you.

You Need The Baez Law Firm, P.C. Come see us, and you will know the difference from the moment that you walk through our doors. This is why we say, "we care about your legal needs!"

Would you like to sell your annuity payments or receive an advance on your annuity?

2009-08-27T04:26:00.000-07:00

At The Baez Law Firm, we understand it is hard to wait for future payments from your structured settlement or annuity when you need to Get Cash Now. Specially in todays economy.

Our knowledgeable staff can help you get the cash you need in a lump sum payment by finding the best purchaser of all or part of your monthly annuity or structured settlement payments.

We’ll work closely with you to create personalized solutions that solve your financing problems. To discover how The Baez Law Firm can help you to Get Cash Now, call us (210) 979-9777.

Would You Like to Sell Your Annuity Payments for Cash?

Receive a lump sum of cash for your annuity payments.
Top annuity buyers will compete to purchase your annuity payment stream.

The Baez Law Firm will get you a free analysis of your annuity.

The Baez Law Firm will find you 6 cash offers from the top annuity buyers in the industry. Our firm is here to help you acquire the largest advance or cash out options for your annuity payments.

The Baez Law Firm will find you many options to you while you sell your annuity payments, including the number of payments you would like to sell, the funding company that will provide the funding for your lump sum payment, and an array of payment options.

Victim of a drunk driver?

2009-08-09T03:02:00.000-07:00

In Texas roads, there are numerous accidents that occur every day. Some accidents are more dramatic than others, and some injuries are more serious than others. The problem arises when a drunk driver is behind the wheel of a vehicle. These drivers place their lives at risk and also the community at large. But many times these individuals go unpunished.

Recently, insurance companies, as a result of legislature changes, were required to increase their coverage for financial responsibility from $40,000 per occurrence to $50,000. But, when a life has been lost, that is not an amount to compensate any one, including the victim's family. Many times, other injuries or conditions may exist that would allow greater compensation for the families.

Our law firm has been helping Texas families victims of drunk drivers recover what they deserve. When drunk drivers are responsible, the implications are criminal as well as civil or monetary. Wrongful death usually arises as a result of the irresponsible drunk driver.

The Texas wrongful death statute is clear. A wrongful death has occurred when a person is killed due to the negligence or other liability of a person or entity. The statue includes death by a drunk driver.

Surviving beneficiaries and dependents are entitled to monetary damages in instances of wrongful death by a drunk driver. If your love one has been a victim of a drunk driver, either by fatal injury or by death, contact us. We can help.

The Baez Law Firm, P.C. is a general practice law firm that helps people in Texas and Florida with simple to complex legal representation. We do this because, "We care about your legal needs!"

When should your bartender stop your drinking?

2009-08-03T20:21:00.001-07:00

This topic is not talked about by many, but it happens all the time in Texas. As people go to a bar to have a drink, many find themselves with one drink after the other, drunk, and without the use of their faculties.

Yet, bartenders continue to serve alcohol, even after its obvious that, the customer should have no more drinks. Why does this happen? When should he bartender stop people from drinking?

Texas has the Dram Shop law which would protect patrons of alcohol establishments, if they find themselves with injuries after visiting an establishment. The law is clear, bartenders have a duty, in fact a responsibility to tell the patrons, no more. How often those that happen in Texas, based on our analysis, almost never.

If you have been injured, as a result of your bartender not telling you that you had enough to drink, contact us, we can help. Our attorneys have been sucessful with this type of case in Texas. We are here to help you.

The Baez Law Firm, P.C. is a general practice law firm that is here to help you with your legal needs. We handle personal injury, family law, business law, criminal law and many others.

Have you had an accident with via bus?

2009-07-28T08:21:00.000-07:00

Our law firm has represented individuals who have had accidents with via buses in the past. This include passengers and drivers alike. We have represented clients with fractures, fatal injuries and soft tissue injuries as well.

San Antonio news cast last night broadcast a new phenomena with the via buses. They indicated that, many handicapped people are having problems when they get off the buses. The article read like this "For the disabled and handicapped, VIA-Trans buses are the only way to live an independent life. But, there's a dangerous problem with some VIA-Trans buses that is putting them at risk."

If you are one of those disable or handicapped individuals, our attorneys are here to help you. We handle personal injury cases from beginning to end. If you have suffered an injury as a result of via buses, contact us.

We are a general practice law firm handling personal injury, business law, criminal law, family law and many other areas of law.

Auto accident, motorcycle accident, trucking accident we can help

2009-07-22T11:36:00.000-07:00

Our attorneys have been helping clients in Bexar county and San Antonio when they are injured by some one's negligence. They handle auto accidents, motorcycle accidents, trucking accidents and many more accidents involving motor vehicles. The point to remember, when you are involved in a motor vehicle accident is that: the insurance company is not there to make you whole, they are there to protect their insured.

The insurance industry have attorneys on their staff that handle their claims if they are not settled during the negotiations. You too should have attorneys on your side. If you have been involved in a motor vehicle accident, please contact us.

The Baez Law Firm, P.C. is a general practice law firm that handles personal injury, family law, business law, criminal law, auto accidents, appeals and many other areas of law.

Come see us, and you will know the difference from the moment that you walk through our doors. Your initial consultation is always free. We care about your legal needs.

What, my insurance does not want to help me!

2009-07-08T18:59:00.000-07:00

Many of our clients get to us because their own insurance companies did not cover them when there was a UM claim filed. This happens when, the other driver does not have insurance or there is a hit and run.

The surprise comes when the clients find, usually from the insurance companies themselves that, their accident will not be covered and they are faced with having to pay out of pocket for every thing. This should not be surprising to our readers.

For the most part, insurance companies are there to provide for their shareholders and not to make their insured back to whole. That means that, in many instances, the UM policy will be curtailed or even denied by them. Remember, the less they pay, the more they keep for themselves.

That is why you need us to fight for you. Whether your need is personal injury, business law, family law, or criminal law, The Baez Law Firm, P.C. is here to help you with your legal needs. Visit us at our website www.TheBaezLawFirm.com or call (210) 979-9777. We care about your legal needs.

Vehicle accidents in Texas

2009-07-05T15:17:00.000-07:00

In the past, insurance companies were paying more reasonable amounts for accidents caused by their insured. Because of the sluggish economy, many insurance companies are using the delay tactics to stall cases and get the settle for less. Our law firm does not fall for that trick.

When you come to us for your personal injury case or vehicle accident or wrongful death or any other form of negligence by a another person against you, we take the time required to get you the maximum amount of money that you deserve.

When you have a auto accident or car wreck, the insurance company of the person that caused the accident will appoint an adjuster for the case. It is important to know that, the adjuster's job is to reduce, as much as possible, the amount of money that you may be entitled by law. They do this by taking their time to settle and by down talking your accident.

That is why you need an experienced law firm to handle your case. Our attorneys have handle and worked with insurance companies for many years. Let our experienced work for you if your case involve a personal injury, broken bones, lacerations, wounds or scaring of any part of your body.

Whether your need is on personal injury, business law, family law or criminal law, The Baez Law Firm, P.C. is here to help you with your legal needs. Visit us in our website www.thebaezlawfirm.com or call (210) 979-9777. This is why we say "we care about your legal needs."

Wrongful death in police brutality cases

2009-06-25T08:41:00.001-07:00

During our time helping people in Texas litigate their disputes against the police departments, we have found that, in many instances, police brutality leads to wrongful death of the victims. In these cases, there may be criminal charges involved but also, there are civil liabilities that attach with the wrongful actions of the police departments.

To handle a wrongful death case against the police department, a violation of constitutional law (by the department itself) has to happen; otherwise, the individual cop would be personally liable for the actions, which would create the criminal liability spoken off above, but would leave the family members stranded without compensation.

Our law firm has successfully litigated numerous cases against police departments, including wrongful death cases. We are here to help the little people against the big gigants, that no one else is helping.

When you contact us, your case would be personally reviewed by Mr. Baez and would be handled with respect and dignity by our staff. Although many other attorneys will see the case through, if needed, Mr. Baez will take your case to trial. See what others are saying about Mr. Baez here.

We are San Antonio litigation attorneys that care about your legal needs.

Boating accident or injury, come see us

2009-06-15T06:25:00.000-07:00

Summer time has officially started in Texas. As such, many people will take out their summer gear, including their boats. However, not all of the individuals are aware of Texas law, regarding boating accidents.

In it pertinent parts, the law states: "Operators of vessels involved in any collision, accident or other casualty resulting in death or injury to any person or property damage exceeding $500 must file a full accident report within 30 days in accordance with Texas Parks and Wildlife Department regulations. Failure to file a report is punishable as a Parks and Wildlife Class C misdemeanor. Accident reports filed by the operator(s) are confidential and not admissible as evidence in court. Report forms may be obtained from Texas Parks and Wildlife officers, marine safety enforcement officers, or game wardens." This part covers the reporting requirements.

Moreover, the law states: "the operator of any vessel involved in a boating accident must stop and render needed assistance unless such action would endanger his crew, passengers or his own vessel. The operator must give his/her name, address, and vessel identification number in writing to any injured person and to the owner of any damaged property. Failure to render aid in an accident resulting in death or serious bodily injury is punishable as a Parks and Wildlife felony. Failure to render aid in an accident not resulting in death or serious bodily injury is punishable as a Parks and Wildlife Class A misdemeanor."

Finally, the law states:"It is unlawful to operate while intoxicated. (Intoxication is defined as the loss of mental or physical faculties, or blood alcohol content of 0.08 or greater). A first conviction is punishable by a fine not to exceed $2,000, confinement in jail not to exceed 180 days, or by both. A second conviction is punishable by a fine not to exceed $4,000, confinement in jail not to exceed one year, or by both. A third conviction is punishable by a fine not to exceed $10,000, imprisonment in jail for not more than 10 years or less than 2 years. Failure to submit a specimen to determine blood alcohol content may result in the suspension of the operator’s driver's license."

Texans need to be aware of the laws that governs boating and adhere to those laws, so that every one can have a more enjoyable summer.

If you have been injured as a result of some one's negligence, The Báez Law Firm, P.C. is here for you. We are a general practice law firm that cares about your legal needs. We handle personal injury, family law, business law, criminal law, bankruptcy, litigation, appeals and many more.

Vehicle accident, come and see us

2009-05-20T11:50:00.000-07:00

There are important things that need to be done when it comes to handling your personal injury case. The Báez Law Firm, P.C. has handle thousands of cases and we know what it takes to succeed.

If you had an accident, please, follow the list bellow:

1) Do not admit anything, even if you think that you are at fault. Being in an automobile accident causes a great deal of immediate emotion like stress, excitement and anger, you never know what you will say.

2) Please, take some time to cool off and think about what happened to cause the accident before you make any statements to others regarding what caused the accident or who was at fault.

3) Always take the other driver's name, address, phone number, driver's license number, license plate number, name of the registered owner of the car, state of license, and insurance information.

4) Immediately, inform your Insurance company - Make a thorough accident report to your insurance company without delay.

5) If you are injured, go to the emergency room or have a physician examine you ASAP. This step is critical for your personal injury claim.

6) If possible, take photographs of the damages and injuries. Remember that the insurance company will take their own pictures.

7) Contact The Báez Law Firm, P.C.- You should be cautious of any person or insurance company who offers to adjust your injury claim or tries to hurry you into a settlement. If you are involved in an accident and have a viable claim, you should not try to handle it alone. Be sure to consult with an attorney to ensure that your interests and rights are protected.

We are here to help during this difficult time in your life. We care about your legal needs.

Would your claim be subgrogated?

2009-05-13T13:04:00.000-07:00

In order to understand the question, first the subject has to be defined. Subrogation is the substitution (or subrogation) of one person in the place of another with respect to a claim, demand or right against a third party, so that the substituted party assumes the rights of the other, or (stands in the shoes of or replaces) the other, with respect to a claim against the third party.

The doctrine of subrogation is based on principles of equality and good conscience and is generally used as a means of placing the ultimate burden of the debt on the person who should originally have it. Subrogation may be established by law (contract) or founded upon equity (facts).

For the most part, the doctrine of subrogation has been utilized by insurance companies who are obligated under their policies to pay their insureds for property damage or casualty losses which the insureds have sustained. A person's right to be subrogated to the rights of another generally arises when that person, acting pursuant to some obligation, pays the debt of the other.

In those situations where the damages appear to have been caused by the negligence or fault of third parties, insurance companies have traditionally exercised their right of subrogation to pursue claims against the alleged wrongdoer.

Because of subrogation, the insurance companies can "stand in the shoes of" their insureds and bring suit against the wrongdoers. Because the wrongdoers who caused the injuries are the persons who should bear the burden for such injuries, insurance companies' subrogation rights have generally entitled them to recover.

Our law firm constantly get calls from individuals who should have been affected under the doctrine, but are unaware of these facts until is too late. If have been injured as a result of some one's negligence, contact our law firm for a free initial consultation.

Our attorneys are ranked superb

2009-05-09T03:14:00.001-07:00

The Baez Law Firm, P.C. provides legal representation throughout Texas. We represent victims of car accident, personal injury, wrongful death, medical malpractice, car wreck, premises liability and other areas of law.

Our website include: The Baez Law Firm, P.C., Personal Injury Trial Lawyers, Personal Injury Blog, General Practice Blog, Trial Lawyers Blog.

We appear in LawGuru and AVVO. Our lead attorney, Edgar Baez has been rated superb by AVVO.

With this blog, we congratulate Mr. Baez for such wonderful accomplishment. Your dedication to the legal profession is evident by how other people view your professionalism and contributions to the legal community.

We are very proud, and that is why we say "we care about your legal needs."

Raptiva and the FDA

2009-04-09T13:36:00.000-07:00

Yesterday, the FDA announced the voluntary withdrawal of Raptiva from the US Market by its manufacturer Genentech. According to the FDA, there have been three confirmed and one possible case of Progressive Multifocal Leukoencephalopathy (PML) in people taking Raptiva; three of those people died.

Sources tell us that PML is caused by a virus that affects the central nervous system. PML usually occurs in people whose immune systems have been severely weakened. It leads to an irreversible decline in neurologic function and death.

If you have taken Raptiva for more than three years, you may be entitled to compensation. If you have suffered form PML symptoms, which may include unusual weakness, loss of coordination, changes in vision, difficulty speaking, and personality changes, you may be entitled to compensation.

There is no known effective treatment for PML. Raptiva was approved by the FDA in 2003. It is a once-weekly injection for adults with moderate to severe plaque psoriasis. The drug has been on the market for 6 years.

Contact The Baez Law Firm, P.C., so that we can go over your case.

Are US vehicles still safe?

2009-04-07T08:08:00.000-07:00

With so many bailouts by our government to auto manufactures, one cannot help but wonder, if the vehicles that are been produced are safe for the consumers in general. The government is bailing out the industry, but who would bail out the consumers?

According to the associated press, GM and Chrysler, which employ about 140,000 workers in the U.S., have to submit completed restructuring plans, but neither company is expected to finish its work. GM owes roughly $28 billion to bondholders. Chrysler owes about $7 billion in first- and second-term debt, mainly to banks. GM owes about $20 billion to its retiree health care trust, while Chrysler owes $10.6 billion.

With all of these crisis, who is monitoring the automakers products? How many lives are going to be at risk? Nevertheless, its a good thing that our law firm can help the families of those that have been damage, could be damaged, and will be damage by the poor quality of vehicles placed on the market by the automakers.

The Baez Law Firm, P.C. is committed to help those who have suffered from some one's negligence, either by manufacturing or simply by lack of safety standards implemented.

If you, or some one you love has suffered by the negligence of others, please contact our law firm today. Our attorneys are here to help you during this difficult times.

Why do we need experts witnesses

2009-04-06T08:35:00.000-07:00

Texas Rules of Civil Procedure 192.3(e) creates three categories of experts witnesses. It is important to know the distinction between them in order to use them more efficiently.

The first category is the consulting expert. This is an expert who has been consulted, retained or specially employed by a party in anticipation of litigation or in preparation for trial.

The second category is the reviewed consulting expert. This is an expert whose opinions and mental impressions have been reviewed by the testifying expert.

Finally, the testifying expert. This is an expert that may be called to testify as an expert witness at trial.

The Texas Rules of Civil Procedure create an exception from discovery for the identity, mental impressions and opinions of consulting experts. On the other hand, the rules also designate information that is discoverable regarding reviewed consulting experts and testifying experts.

The utilization of experts in personal injury cases is crucial for the sauces of the case. Our law firm utilizes the most prestigious and knowledgeable experts available. When your personal injury, auto accident, medical malpractice, negligence, wrongful death case needs some experts, contact our law firm, we can help.

Car accidents in Texas

2009-03-27T05:26:00.000-07:00

Our firm has helped thousands of individuals throughout Texas with their car accidents. As many of you may not know, insurance companies have many tactics to minimize each claim that is submitted by consumers. Even when you are supposed to be in good hands, it’s the total opposite, you are in for a fight. The reason is simple, they have to keep their stock holders happy, not you.

For example, when any one is hit from behind, and there is no broken bones, or contusions, or lacerations, or any major trauma, insurance companies have a way to evaluate the injuries. They are called soft tissue injuries. Now, the adjusters will start to minimize the injuries, the impact that the accident may have on people’s life and so for starters, they will not pay for the full value of the impact, since its only a small impact. Meanwhile, you have lost time from work, your car is not fixed and you are in pain.

Of course this happens when the individuals are not represented. On the other hand, when people come to our firm, their vehicles are repaired, they get seen by doctors and they get compensated for time lost from work. In other words, we maximize their recovery. This is one of the many reasons that people have to come to our law firm right after a car accident.

Another example is when the accident is more serious and there are broken bones, brain damage and or fatal injuries. Now the insurance companies will pay a little more, but they will still use all of their techniques to still minimize your claim. That is why is so important that you have efficient legal representation on your side. To properly care for your injuries, to fix your vehicle and to get you back to normal again, that is our commitment to you.

We always recommend that if you are involved in a car accident, or any type of personal injury, you should have legal representation. Insurance companies have their legal team working for them constantly, and so should you! Let us be your legal team because “We care about your legal needs.”

The President wants to regulate the insurance industry

2009-03-24T18:23:00.000-07:00

As our President talks to the nation on his Presidential News Conference, he mentioned that one of his pillars has to do with health care reform. One of his ideas is to regulate the insurance industry, based on the AIG scandal.

The only problem with that, as we see it, this could be potentially dangerous when it comes to settling case for personal injury claims. Although we would not speculate, we could see that if the government steps in, and regulates the industry, they would also dictate how much to pay for claims.

On the other hand, if the insurance companies are regulated, then we would not have the need to cap non-economical damages for claims, which has minimized the results obtain for those who need it the most. Since Texas has a cap, we have seen a raise in negligence by doctors, without having the doctors concern about loosing anything or even feeling sorry for their negligence, since they cannot be touched.

We can only wait to see how our economy is going to affect the way that personal injury attorneys are capable of helping those who have been affected by the negligence of others.

The Baez Law Firm, P.C. is a general practice law firm that is ready to help you during difficult times. We handle bankruptcy, criminal law, personal injury, family law, business law, consumer law, litigation, and appeals.

What is going on with the SAPD driving training?

2009-03-23T20:14:00.000-07:00

As I am watching the news, I decided to write this blog since apparently, there is a problem with police offices having multiple accidents in San Antonio.

Car accidents are causing thousands of dollars, not only by regular citizens, but also by the San Antonio Police Department. The Department says that 90% of the accidents occurred when officers were only doing regular patrols.

Some officers have more than others; however, many of the one that have accidents, are the same ones that are having many of them. Based on the Department's policy, they are not supposed to speed when on police patrol.

New training for the department is been implemented, but 75% of the time that an officer is involved in an accident, they only get written or verbal warning. Only in 15% of them time, they will get remedial training.

The department admits that car accidents kill more officers than felonies or any other crimes. What are the citizens of San Antonio to do, perhaps required that the officers follow the same laws that all of us have to.

If you have been injured by a police car, please contact us. We are The Baez Law Firm, P.C and we are here because we care about your legal needs. The Baez Law Firm handles car accidents, family law, business law, criminal law, appeals, bankruptcy and estate planning.

Insurance companies not paying?

2009-03-01T07:20:00.000-08:00

If you are like me, that deals with insurance companies all the time, you will know that insurance companies are not paying on their liability like they used to. Why is that? Maybe the economy is affecting them just like any other area of the market.

Although policy holders ultimately are the ones that will pay the increase in premiums, insurance companies nevertheless are not paying on accidents as much and as fast as they used to. What used to take our law firm one month to settle it's taking over six months in today's economy.

Unfortunately, the people affected by the accidents are the ones who suffer, while the shareholders of the insurance companies are getting richer. That is our free enterprise system, the rich get richer and the injured gets caps on damages.

If you have been injured in an accident, please contact our law firm. We are trained on handling insurance companies to get you the maximum amount for your claim.

What not to do if you have a personal injury case

2009-02-21T19:32:00.000-08:00

Misrepresenting Your Accident or Injuries.
Doctors document in their records how you describe the accident and your injuries. When your description varies from the way the accident happened to the way that injuries are described in the police report or other statements, the insurance company can use the descriptions to make you appear untruthful.

Hiding Past Accidents.
If you have been in other accidents, you need to say so, so that your lawyer can investigate and make a determination as to whether it is a valid problem in your case.

Hiding Previous Injuries.
If you have ever seen a doctor or other health care provider, then there is a record in existence that the insurance company will find, not that can find, but will find.

Not Having Accurate Income Information.
In many cases, a claimant will have lost income because of the accident. You will only be able to claim lost income if your income information is in good order.

Misrepresenting Your Activity Level.
If you claim that you cannot do certain things, but you are not been honest, you can jeopardize your claim. Personal injury lawsuits are serious business. Insurance companies are willing to spend a lot of money investigating claims.

If you have a personal injury case, please contact us, we can help. We are San Antonio Personal Injury Trial Lawyers and we are here to help you. That is why we say we care about your legal needs.

Have a personal injury claim?

2009-02-07T07:09:00.000-08:00

Insurance companies are well known for trying to minimize your personal injury claims. As we see it,there are no auto, trucking or motorcycle accidents. There are wrecks and crashes resulting from bad judgments, careless mistakes and—in some case—intentional violations of the law. For every collision, there is a party who is at fault and a party who has been injured or killed.

On the other hand, a life-changing injury or a loved one's wrongful death can turn your world upside down in an instant. The insurance company is not concern that you and your family have a lot to deal with: pain, grief, confusion; and many details involving insurance, property damage and an uncertain future. That is why you should have a law firm able to handle them, so you can get back to your normal life.

The most common type of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. We can help you with all of them.

It can be tough to set a dollar amount on injuries you suffer in an accident. There are so many things to consider: doctor's bills, time lost from work, medical costs for ongoing injuries, pain and suffering, and so on. Insurance companies consider all of these factors when deciding how much to offer, and ultimately pay, for a personal injury claim.

The Baez Law Firm, P.C. is a general practice law firm that is ready to help you during difficult times. We handle accidents, criminal law, personal injury, family law, business law, consumer law, litigation, and appeals.

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2009-02-03T07:49:00.000-08:00

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Medical bills are higher than the policy limits

2009-01-31T09:43:00.000-08:00

Recently, we were asked about instances where the medical bill surpasses the offer or even the policy limits that applied to the person responsible for the accident. There are ways that a plaintiff can get above policy limits but it involves litigation.

The term full coverage generally means that the insurance policy has both liability coverage and coverage for damage to your vehicle. The term full coverage does not mean that everything is covered no matter what happens.

You should carry as much liability coverage as you can comfortably afford because damage claims today are sometimes settled for millions.

According to the insurance industry, State minimums don't come close to covering the cost of a serious accident. You should carry bodily-injury coverage of at least $100,000 per person, and $300,000 per accident, and property-damage coverage of $50,000, or a minimum of $300,000 on a single-limit policy.

If you have any questions, please contact us for a free initial consultation with one of our lawyers. Or visit our website.

Should you contact a lawyer?

2009-01-23T20:47:00.000-08:00

The longer I practice law, the more I am amazed at the fact that people are trying to take care of their own legal matters. In my opinion, it all comes from too many television shows about lawyers and how they argue, and on TV, how they win all of the cases, all the time. Because of the media, people thing that they too can take care of their legal matters.

The problem with that is very simple. I tell all of my clients that ask me if they should have an attorney take care of their legal problems, my response is always the same. I ask them if they had a medical condition that would require surgery if they wold do it for themselves. I also ask them if they had to change the transmission on their cars would they do it and the response for both of examples is always the same, they would not. So I ask them, why then, would you think that you can do your own legal case?

You should always allow the people that have a specialty on something do what they are trained to do. Although you may think that you are perfectly qualify to handle your case, and even though you may be the most intelligent person in the planet, the fact remains that, when you argue your own case, you can never have an objective way to handle since you will subjectively be involved with the outcome of the case.

In law school they teach you that, only a fool has him/her selves are a client. Don't you be the one to be fooled. Please contact our lawyers if you have a legal problem, specially involving personal injury.

The Baez Law Firm, P.C. is a general practice law firm that is ready to help you during difficult times. We specialize in personal injury and handle criminal law, auto accidents, family law, business law, consumer law, litigation, and appeals.

The ecomony and your personal injury claim

2009-01-14T07:48:00.000-08:00

According to the experts, in the last 12 months, the face of the global economy has forever changed. Gone forever are investment banks, the secondary credit market, and an unregulated financial market.

In its place are government ownership of banks, while central banks around the world are propping up the banking system. In September, we came very close to total economic collapse, and we haven't recovered yet.

However, all data seem to point that the insurance companies are thriving during this difficult economic times. Nevertheless, to maximize their bottom line, which is to make money, insurance companies will play on the tough economic times to try to settle claims for pennies on the dollars, which would otherwise be worth something for the injured person.

You need a team of experts on your side, ready to face tough insurance companies that are ready to downgrade your claim. Do not let this economy affect the outcome of your case.

We are personal injury lawyers that handle auto accidents, personal injury, nursing home negligence,premises liability, slip and fall,car wreck,medical malpractice, wrongful death, and other areas of law.

Does a person needs to have an attorney to handle their personal injury case?

2008-12-29T10:29:00.000-08:00

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.

Whiplash injuries

2008-12-24T08:54:00.000-08:00

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.

Wrongful Death actions in Texas

2008-12-22T07:31:00.000-08:00

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."

Merry Christmas to all of you!!!

2008-12-18T09:43:00.000-08:00

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.

Insurance Coverage Matters

2008-12-16T09:58:00.000-08:00

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.

Auto accident and its injuries

2008-12-03T08:25:00.000-08:00

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.

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2008-11-15T05:31:00.000-08:00

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