Say no to the marijuana drinks!

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:

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

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.

Toyota Recalls millions of vehicles

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

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.

Icy road conditions in Texas during this season

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

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

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

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

Raptiva and the FDA

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?

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.

Our attorneys make the difference

We have been telling our clients that, "we care about your legal needs." And now, let other professionals tell you about one of our attorneys in particular. Please, click on the link bellow for more information.

http://www.avvo.com/attorneys/78213-tx-edgardo-baez-89329.html

Good job Mr. Báez

San Antonio Lawyers and Attorneys

What factors should a potential client consider before hiring an attorney? Are all attorneys created equal? Are they personable and approachable? We hope that with this information, we will answer most, if not all of the questions that you may have as a consumer, before hiring an attorney. This information is use as instructional and may not be considered as legal advise or in any way as to forming attorney client communications or privity.

First, is good to know that not all lawyers handle all matters. There are some lawyers who will consider themselves as general practitioners, but for the most parts, they are not experts on any particular area. On the other hand, there are attorneys who will only handle particular matters. For example, personal injury, family law, business law, criminal law. Answer this question: are you filing a civil lawsuit or have a criminal matter? What size settlement are you seeking? Lawyers who handle divorce cases may have helped someone you know, but be at a total loss as to how to help you arrange for an adoption. Figure out the reasons why you need an attorney and what you wish to accomplish before picking up the phone and calling the lawyer or law firm.

Second, most attorneys will provide a free initial consultation either over the phone or in person to learn more about the reasons you are needing the help of an attorney as well as to learn your goals in securing an attorney’s services. Consider the consultation as a time for you to learn if you feel comfortable with the personality of an individual attorney as well as to ask about fees, terms of payment, as well as possibilities for out-of-court settlement.

Thirdly, respectable law firms have internet, blogg and other form of information about themselves and their services. Please visit their website in order to obtain the information that you may be looking for pertaining the particular lawyer or law firm. Also, see if their website shows up on search engines and others.

Finally, the bar association in Texas offers a referral line to provide the names and contact information of attorneys licensed in Texas. Conversely, they will provide at least the names of some attorneys whose area of practice is best suited to your needs. As a practical matter, don’t be fooled into thinking that the best attorneys always have the biggest ads in the yellow pages. Very often the best attorneys have small listings because they have built a successful practice based on their good reputation.

If you are in need of a law firm, lawyer or attorney, please visit our website: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com/ to evaluate whether we could be a law firm for your needs. We are a General Practice Law Firm, in the San Antonio Metro Area, that handle your case with respect and dignity. Our lawyers have several areas of expertise, and are ready to take care of your legal needs. That is why we say "we care about your legal needs."

Seriously injured car and truck accident victims

The National Highway Traffic Safety Administration stated that "every 10 seconds someone in the United States is involved in a car or truck accident." Every year, millions of people are injured in motor vehicle accidents. Conversely, motor vehicle accidents, according to a study, are the leading cause of injury in the United States for people ages 1-34. A high percentage of traffic crashes and deaths involve trucks.

Both Federal and state regulations govern trucking industries. Because of their size, crashes involving trucks are more likely to result in serious injury and death than are car crashes. Unfortunately, some of those injured in a truck crash will die. On the other hand, trucks are more likely to be involved in multiple-vehicle crashes than are passenger cars, which may create questions on liability.

It is important to know that trucking companies are required to keep records of safety equipment and driver hours and it will be necessary to find and research such records. Poor equipment and driver fatigue can be causes of such crashes, and a careful study of the trucking company records may be needed to determine if negligence has occurred.

With an ever increasing number of vehicles on the road, motor vehicle accidents still occur with alarming frequency. Factors such as alcohol may aggravate the situation. However, many states have passed tougher drunk driving laws. As a result, many lives may have been spared.
Our law firm is dedicated to representing seriously injured car and truck accident victims in the San Antonio and Bexar County area, whether the accident was caused by some one’s negligence or a product defect such as defective manufacturing or factory defective design.

If you have been seriously injured by a car or truck accident, please contact The Baez Law Firm, P.C. We are San Antonio personal injury law firm that will handle your case with respect and dignity. Please contact us (210) 979-9777 or visit our website at: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com

How the economy is affecting your ability to recover for your injuries

The gas crisis, the bad economy and other factors, are playing an important part of your injury settlement with the insurance companies. Years ago, when insurance companies offered their clients Personal Injury Protection (PIP) most of them would pay their clients if they ever got involved in an accident, if they had PIP coverage. That is no longer the case. Some insurance companies now have independent third party auditors that would, in most cases, challenge the validity of medical bills, and wage losses of the clients. Therefore minimizing the recovery of your claim.

This is particularly true for major insurance companies. As businesses, insurance companies, just like any others, must keep up with the reality of inflation, economy and "the bottom line." Gas prices must be one of the reasons why, insurance companies now must try to keep most of the profits for themselves, and not pay on no-fault insurance claims, such as PIP.

PIP coverage varies depending on the State and policy. In most cases, the PIP could range from $2,500 to $10,000, depending on the type of coverage. Once an insured is injured in an accident, if they have PIP coverage, it should cover most of the medical bills and the loss wages, assuming that the insurance company pays the full policy. This is independent on who is at fault. That is why is called, no-fault insurance.

Very few insurance companies are paying on their PIP policies the full price. They would question every aspect of a bill, in order to keep more profits. Good hands policy has now become boxing gloves policy, even for no-fault insurance claims. The key operative word is "reasonableness" of the medical bills.

One of the major insurance companies that is doing this drastic change in policy is USAA. They have opted to send every PIP claim to independent, or so they say, third party auditors that would evaluate every claim. The auditors would in tern, dictate the price of the medical services offered, price the reasonableness of the services provided, and advise the insurance on how much to pay on the claim. All of this again, in order to keep more profits. It must be that the economy is affecting them as well.

If you have been in a car accident, truck accident, fatal accident, major collision, roll over, SUV roll over, motorcycle accident, car wreck, serious injury, death from an accident, broken bones, or any other injury in San Antonio, please contact our law firm. We are San Antonio personal injury lawyers, law firm, and attorneys that specialize in all aspects of personal injury for our clients. We have experienced attorneys that would handle your case with respect and dignity. That is why our motto is "we care about your legal needs!"

Visit our website: http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com/

How much training is the police really getting?

The Metropolitan Police Act of 1829 created the first police force. These newly form policemen, were known as––the Peelers’ and Bobbies’–because their creator name was Robert Peeler. Form the inception, people has always hated them. That was because more than half of them were drunkards and improperly trained. Many cartoonist have depicted them as such. Eventually, the impact that the police had on crime, specially organized crime, has lead to the acceptance of the police force.

Today, the police force is submitted through rigorous training in order to become a cop. The famous "Police Academy." Although that is not the case for all police forces. Many Sheriff’s Departments in the Nation allow "deputies" to start a job with the department without having a licence first. For example, in Bexar County, deputies begin their careers at the jail, whether or not, the deputy has a TCLEOSE Peace Officer License. Which means that, their training, may not be as suspected by most people.

In order for the police force to work, a two prong mechanism has to be in place. Restrain and Respect. The police needs to exercise restrain in order to get respect by the people. But, how can the police show restrain, if they have not been properly trained. And vice versa, how can the people show respect, if the police force does not restrain themselves under all situations.

There needs to be psychological evaluations to all prospective policeman before they are let out in the streets. If the force has not been properly trained, or licensed, then superior officers need to supervise their cops more closely. If the police does not perform well in simulated dangerous scenarios, and do not show the proper restrain, then the police should not be allow to handle any situation on the streets.

Within the last few years, Americans have seen an increase of police mishandling of situations. What was once a simple traffic stop by a friendly policeman, has now become a nightmare. That’s because again, in most cases, police does not show the proper restrain needed to handle the situation. With great power comes great responsibility, and since some police officers are not getting the proper training, the power, and lack of restrain, is overpowering.

If you have been submitted to police maltreatment, or abuse, please contact our firm for a free initial consultation. Please call (210) 979-9777 or visit our web sites at http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com/ for an evaluation of your case. This is why we say "we care about your legal needs!"

Glad we can help!

Recently, we posted a blog about business fraud conducted by Nigerian individuals against US Law Firms. We have received hundreds of calls from attorneys thanking us for the information and informing us that they too have been victimized.

We are encouraged by the fact that the scheme is been recognized and that other lawyers are spreading the news that these crooks need to be put in jail.

Let us remind our readers that these people from Nigeria will used any name of reputable companies in order to achieve their objectives. Regrettably, it is the name of these companies that will suffer by the actions of these crooks, as well as the law firms involved. Also, let us remind you that not all the people from Nigeria are responsible for this, it is just a selected group that have upted to defraud others by doing the wrong thing.

We urge you to share the information with other attorneys about the Nigerian plot, and that if you are aware of any activities of these nature, to contact your local authorities or the FBI.

Thankfully, we can share this information in a positive way in hopes that, we one day, can put a stop to this perpetrated fraud.

Another police brutality article

We wrote an article about police brutality about one month ago, and to our surprise, we have had more clients commenting on how the police really treated them. Come to find out, all our clients have suffered from the same "police brutality syndrome." As research are getting closer to an answer pertaining to police behavior on the job, citizens continue to suffer based on the ability to the police to get away with murder before the city, or county, does anything about it.

Our latest case just happened this weekend. Our client was just minding his own business when he was stopped, beaten and incarcerated by the police. The police used the "usual" language of evading arrest, terrorist threats, and failure to follow orders when given by a police officer. How ironic that, the police who stops you and bitts you up, is the same that states that he/she felt threatened by your behavior. They use the pretext of terror in order to advance their own agenda of terror against the citizens that they are supposed to protect.

Let me remind our readers that: not all cops are corrupted! But is hard to differentiate between good cops and the crooked ones. Supposedly, cops feel pressure from the jobs as they get older and wiser on the jobs. This is why we have witness in the past year or so, so many increases of allegations of police maltreatment. This weekend alone, we know that the jails were crowded with suspected terrorist and people that the police felt had threatened their lives. That we know of, at least 5 people were beaten by police because they felt threatened. This includes man and females alike.

Makes you wonder what kind of training are these police officers getting at the academy. Nevertheless, we are supposed to continue to put up with the behavior of police officer because they feel the need to state the they were threatened by our actions. Lately, police have made more violations to our constitutional rights than ever. Maybe is time that we do something about it.

If you have been a victim of police brutality, please give us a call. We are a law firm that care about your legal needs. Call us at (210) 979-9777 or visit our website at http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation.

Police brutality in Texas

Most people turn to the police for protection and safety. As citizens, we trust police officers to use their authority and training to keep us safe. Occasionally, however, some police officers use poor judgment and abuse this authority, causing harm to the very citizens they have sworn to protect, and beginning the cycle of mistrust.

If you have been a victim of police abuse you probably feel helpless and frightened. Your sense of security and right-and-wrong has been forever shattered. While the vast majority of law enforcement officers are dedicated and ethical, the officers who are not tarnish the reputation of the force as a whole, and the community suffers.

Police officers have a duty to know and abide by the limits of their position. Whether or not a crime has been committed, they have a legal responsibility to act within reason. If a crime was involved, you may feel that you have no real defense against the abuse and that taking action puts you at risk for a harsher punishment. If there was no crime, you fear for your reputation and an undeserved permanent criminal record which will follow and limit you for the rest of your life.

Not only is police brutality and misconduct an egregious violation of public trust and authority, it is also illegal, and guilty law enforcement officers can and must be held legally accountable for their crimes. Some common claims upon which police brutality or misconduct charges are built include: excessive use of force, and wrongful imprisonment.

If you have been the victim of police abuse you must act quickly. There are several things you should do right away:

1- Seek medical attention
2- File a complaint
3- Take photos of your injuries
4- Get statements from witnesses
5- Contact The Baez Law Firm

If you, or someone you know has been a victim of police brutality, contact The Baez Law Firm, P.C. at (210) 979-9777, where experienced lawyers will handle your case with respect and dignity. Visit our websites http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com We care about your legal needs!

Texas wrongful death claims

A wrongful death has occurred when a person is killed due to the negligence or other liability of a person or entity. Surviving beneficiaries and dependents are entitled to monetary damages in instances of wrongful death.

The Texas Legislature in 1860 enacted the original Texas Wrongful Death Statute. The Wrongful Death Act has been amended, codified and recodified over the years and is now Chapter 71 of the Texas Civil Practice and Remedies Code.The Act provides the exclusive remedy for wrongful death in Texas, compensating the decedent's spouse, parents, and children for the losses they sustained as a result of the decedent's injury and death. Tex. Civ. Prac. & Rem. Code Ann. §71.004(a).

A wrongful death action is separate and distinct from a survival action, where the individual's cause of action for injury to his health, reputation or person survives in favor of his heirs, legal representative, and estate. See Tex. Civ. Prac. & Rem. Code Ann. §71.021.
"A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person/agents or servant's wrongful act, neglect, carelessness, unskillfulness or default." Tex. Civ. Prac. & Rem. Code Ann. §71.002(b).

Suit may be brought under the Act "only if the individual injured would have been entitled to bring an action for the injury if he had lived." Tex. Civ. Prac. & Rem. Code Ann. §71.003(a). Under Texas law, plaintiffs bringing a wrongful death action are in the procedural shoes of the victim, and the defenses to victim's personal injury action are defenses to plaintiff's wrongful death claim.

The basic elements of a wrongful death claim are:
Death caused, in whole or in part, by the conduct of another person or entity.
Person or entity was negligent, or strictly liable, for victim's death
There are surviving beneficiaries or dependents
Monetary damages have resulted from individuals death.

The wrongful death action is subject to all the conditions to which decedent's action would have been subject had he or she only been injured. If a defendant to a wrongful death action dies while the suit is pending, or if an individual against whom an action could be instituted dies before the suit is filed, the individual's executor or administrator may be named as defendant in his place. Tex. Civ. Prac. & Rem. Code Ann. §71.008(a).

The surviving spouse, children and parents may bring the suit. Tex. Civ. Prac. & Rem. Code Ann. §71.004(b). If named beneficiaries do not bring an action within three (3) months of the death of the injured party, the executor or administrator of the estate shall bring the action on behalf of the beneficiaries unless instructed not to do so by all the beneficiaries. Tex. Civ. Prac. & Rem. Code Ann. §71.004(c).

A wrongful death cause of action accrues at death, if it exists at all, 2 years from death.
The two-year statute of limitations is absolute from the date of death. The so-called "discovery rule" does not apply in wrongful death and survival actions. In death cases raising limitations issues in medical malpractice claims, the courts have determined that, as between the statute of limitations for death claims, §16.003(b) of the Tex. Civ. Prac. & Rem. Code Ann., and the statute of limitations set forth in § 74.251. for health care liability claims, the latter applied.

If your love one has been killed due to the negligence of others, please give us a call (210) 979-9777 or visit our websites: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation. Because we care about your legal needs!

Texas wrongful death actions

A wrongful death has occurred when a person is killed due to the negligence or other liability of a person or entity. Surviving beneficiaries and dependents are entitled to monetary damages in instances of wrongful death. The Texas Legislature in 1860 enacted the original Texas Wrongful Death Statute. The Wrongful Death Act has been amended, codified and recodified over the years and is now Chapter 71 of the Texas Civil Practice and Remedies Code.

The Act provides the exclusive remedy for wrongful death in Texas, compensating the decedent, spouse, parents, and children for the losses they sustained as a result of the decedent's injury and death. Tex. Civ. Prac. & Rem. Code Ann. §71.004(a).

A wrongful death action is separate and distinct from a survival action, where the individual's cause of action for injury to his health, reputation or person survives in favor of his heirs, legal representative, and estate. See Tex. Civ. Prac. & Rem. Code Ann. §71.021.

"A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person/agent or servant's wrongful act, neglect, carelessness, unskillfulness or default." Tex. Civ. Prac. & Rem. Code Ann. §71.002(b).

Suit may be brought under the Act "only if the individual injured would have been entitled to bring an action for the injury if he had lived." Tex. Civ. Prac. & Rem. Code Ann. §71.003(a). Under Texas law, plaintiffs bringing a wrongful death action are in the procedural shoes of the victim, and the defenses to victim's personal injury action are defenses to plaintiff's wrongful death claim.

The basic elements of a wrongful death claim are:
Death caused, in whole or in part, by the conduct of another person or entity.
Person or entity was negligent, or strictly liable, for victim's death
There are surviving beneficiaries or dependents
Monetary damages have resulted from individuals death.

The wrongful death action is subject to all the conditions to which decedent's action would have been subject had he or she only been injured. If a defendant to a wrongful death action dies while the suit is pending, or if an individual against whom an action could be instituted dies before the suit is filed, the individual's executor or administrator may be named as defendant in his place. Tex. Civ. Prac. & Rem. Code Ann. §71.008(a).

The surviving spouse, children and parents may bring the suit. Tex. Civ. Prac. & Rem. Code Ann. §71.004(b). If named beneficiaries do not bring an action within three (3) months of the death of the injured party, the executor or administrator of the estate shall bring the action on behalf of the beneficiaries unless instructed not to do so by all the beneficiaries. Tex. Civ. Prac. & Rem. Code Ann. §71.004(c).

A wrongful death cause of action accrues at death, if it exists at all, 2 years from death.
The two-year statute of limitations is absolute from the date of death. The so-called "discovery rule" does not apply in wrongful death and survival actions. In death cases raising limitations issues in medical malpractice claims, the courts have determined that, as between the statute of limitations for death claims, §16.003(b) of the Tex. Civ. Prac. & Rem. Code Ann., and the statute of limitations set forth in § 74.251. for health care liability claims, the latter applied.

The newest member of our law firm

The Baez Law Firm, P.C. welcomes its newest member Richard G. Fowler to the firm. Mr. Fowler comes to us from Miami, Florida where he was a litigator. He is licensed in all Florida and Texas's courts, which will increase the ability of the firm to represent clients throughout the nation.

Richard Fowler is married and has one child. Richard was picked from a catalog by the firm and by his wife (story soon to follow). Mr. Fowler is a devoted father and a counselor at law. We are proud to bring him on board as a valuable asset to the firm. Our clients will surely benefit from his expertise and charisma.

By adding Mr. Fowler to the firm, we will be able to provide for our client needs even more. The Baez Law Firm, P.C. is truly a general practice law firm, with specialties on personal injury, business law, criminal law, consumer law, and family law.

Mr. Fowler is another reason why we say that: "we care about your legal needs." If you have been injured, please contact us at (210) 979-9777 or visit our websites http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation with an experienced lawyer.

Roof Crush Injury

Roof crush injury risks are higher in vehicles with a greater propensity to roll over. Because they are taller and narrower, SUVs, or sports utility vehicles, are three times more likely to roll over in an accident than are other passenger cars. In 1973, the government passed Federal Motor Vehicle Safety Standard 216, creating a standard roof strength test to measure the integrity of roof structure in motor vehicles. This test was to apply to motor vehicles weighing six thousand pounds or less. Many SUVs weigh more than this, and are therefore exempt from compulsory safety standards that may be crucial to preventing roof crush injury. In light of SUV roof crush injury risks, consumer advocacy groups have urged the federal government to modify standards so that they include any vehicle weighing ten thousand pounds or less.

Roof pillars appear strong to the average consumer, but most of them consist of just sheet metal that is hollow on the inside at the cross sections. When an accident occurs involving roof structures with a filled inner space, the outcome has been shown to be safer due to a lesser amount of roof crush. Pillars filled with high-density foam can reduce the severity of a roof crush significantly, saving lives and reducing serious injuries. Overall, federal safety standards fail to provide roof strength requirements that adequately protect people from suffering roof crush injury in a rollover automobile accident. Despite federal standards, many vehicle roofs will easily crush a foot or more during a rollover accident. More stringent testing standards and minimum industry safety standards must be employed if the government hopes to adequately protect people from sustaining serious roof crush injury in automobile accidents.

The sport utility vehicle (SUV) has the highest rate of death in rollover accidents. According to government tests, SUV rollovers are almost three times more likely to occur than in the average passenger car, and the most stable SUV is still more unstable than the most unstable car. In 2002, nearly 11,000 people died in rollover accidents, 61 percent of which occurred in SUVs. With the number of people killed in SUV rollovers increasing by 14 percent per year, consumers should be aware of the risks SUVs pose to their families. Even more alarming than the rising rollover statistics is the withholding of rollover information by the government and auto manufacturers.

Though the number of SUV rollover fatalities continues to escalate, but SUVs are not being manufactured to better resist rollover crashes. Not a single SUV earned the federal agency's highest safety rating, according to an NHTSA report in the past. However, SUV consumption has increased: SUV popularity created a large increase in sales in the 1990s, and because of high consumer demand for these cars, car makers continue to manufacture SUVs. Because the vehicle has changed from simply being an off-road vehicle to a replacement for the family station wagon, manufacturers removed the roll bar that protects drivers and passengers in a rollover situation from SUVs. Many SUV rollover accidents occur because of the unusual propensity the large car has to roll over when steered hard in foreseeable accident avoidance maneuvers. Also, the size and height of an SUV may increase the danger of rollovers. SUV defects, like weak roofs and safety restraint system failures, are some of the heightened risks involved in an SUV rollover situation.

Roof crush injury is most often the result of rollover automobile accidents. Roof crush injuries kill 10,000 people every year. Vehicle design is supposed to depend on a structural support system that creates a "survival space" that protects car occupants in a crash from injury due to roof crush. When a vehicle does not have the proper roof pillar strength, it will cause the roof to cave into the passenger compartment during an accident. A weak roof makes a vehicle defective, and roof crushes can cause serious and fatal injuries, including disabling brain and spinal injuries.

Safe roof structure designs have been documented from as early as the 1930s. Vehicles with the safety features mentioned above would reduce the number of roof crush accidents. Despite the availability of safer designs and structures, manufacturers claim it is the force of the impact that leads to injuries and death, notwithstanding the fact that the relationship between rollover crashes and injuries from roof crush was observed and noted as early as 1932. Safe roofs are equipped with strong roof pillars and full-length closed sections, windshield headers and side sections, internal baffle plates, strong tubular cross-members, and reinforcing gussets at the connections. Some use rigid foam within the tubular cross-members to help strengthen the structure. These different safety precautions can significantly minimize the fatal results of roof crush.

Though rollover accidents are regarded as highly survivable events, the integrity of a vehicle's roof structure during impact is crucial. Windshield reinforcement is a critical component of vehicle design: when a windshield is destroyed in the course of an accident, the strength of the roof is instantly reduced by 33 percent. As a result, roof crush injuries are often extremely serious. Common roof crush injuries include neck fractures and other spinal injuries. Sometimes a brain injury may result from the roof crushing in on the vehicle occupant. These head and neck injuries can also cause paraplegia, quadriplegia, or other life-altering conditions.

If you have suffered injury due to a roof crush car crash, you may be eligible for monetary compensation due to faulty automobile design. The Baez Law Firm, P.C. is here to help. Contact us at (210) 979-9777 or visit our websites: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free confidential consultation with an experienced attorney. We care about your legal needs!

Strong Religious Beliefs and Jurors

A guide for trial lawyers advises them to be wary of Americans with "extreme attitudes about personal responsibility" when selecting jurors in personal injury lawsuits. The author of the guide says such jurors typically "espouse traditional family values" and often "have strong religious beliefs."David Wenner is a trial lawyer and nationally recognized expert in identifying alleged biases in potential jurors. The Association of Trial Lawyers of America (ATLA) named the former psychotherapist co-chairman of its "Blue Ribbon Committee on Juror Bias" and included a chapter on the topic written by him in ATLA's Litigating Tort Cases , the industry's guide to winning product liability, medical malpractice and other personal injury lawsuits.

In his writing, Wenner accuses those who support tort reform of "stealing" the message of personal responsibility from plaintiffs in personal injury lawsuits. Because of the existence of a "personal responsibility bias" among many jurors, he suggests, "reframing personal responsibility as the plaintiff's message." But some jurors, Wenner believes, are more difficult to convince than others."It is helpful to divide the jurors into two groups: the personal responsibility group and compassion-altruistic group," Wenner wrote. "Jurors who are extreme on the personal responsibility bias, or who have a high need for personal responsibility, will strongly favor the defendant. In contrast, jurors who are extreme on the compassionate-altruistic bias, or who have a high need for compassion, will strongly favor the plaintiff."Based on his research, jurors who believe in moral absolutes tend to have what Wenner called a "personal responsibility bias."The personal responsibility juror tends to see the world with bright line rules on how people should act," Wenner wrote. "People should be self-reliant, responsible, and self-disciplined. When people act irresponsibly and are not self-disciplined, there are consequences. People must be accountable for their conduct."Such jurors, Wenner believes, are likely to question whether the plaintiff could have done something to avoid the injury they suffered."The motto of these jurors is that if a person is committed to personal responsibility, then he or she must first accept blame before blaming others. That means playing the blame game is unacceptable if the plaintiff was in the best position to avoid the injury," Wenner wrote. "If the plaintiff has not been completely responsible, do not expect the personal responsibility jurors to find for the plaintiff, even though the plaintiff may have been only partially at fault."Potential jurors "who hold extreme attitudes about personal responsibility," Wenner found, also tend to share a common belief system."The personal responsibility jurors tend to espouse traditional family values," Wenner continued. "Personal responsibility jurors often believe that when someone harms you,the best response is to turn the other cheek.

A lawsuit is viewed as revenge and unproductive ... often, these jurors have strong religious beliefs."If such a "bias" appears insurmountable, Wenner suggests that the plaintiff's attorney take decisive action before it's too late. "The only solution is to identify these jurors during voir dire and exclude them from the jury," Wenner concluded. Voir dire is an archaic French term for questioning potential jurors.Rob Boston, spokesman for the liberal advocacy group Americans United for Separation of Church and State is troubled by Wenner's inclusion of religion in his profile of "personal responsibility jurors.""Certainly a good lawyer will try to ferret out any evidence of prejudice, whether it's religious prejudice or racial prejudice, prejudice against women, whatever, that's legitimate," Boston said. "But, for a lawyer to simply assume that certain religious beliefs will dictate certain behaviors is naive and I think it does a disservice to our legal system."

Boston believes many potential jurors would react negatively if they were aware that their religious beliefs were being evaluated as factors in determining their fitness to decide a case."Although I know jury duty isn't the most favorite pastime of the American people," Boston explained, "I think a lot of folks would be pretty angry if they felt that they were being summarily excluded because of what they believe or don't believe about God."Todd Young serves as policy director for the Southeastern Legal Foundation, a conservative public interest law firm. He called the prospect of even considering potential jurors' religious views "incredibly dangerous."There used to be, many years ago and to the great shame of this nation, the exclusion of minorities and women from juries. That has since been found unconstitutional and rightly so," Young recalled. "It's beyond bold that the trial lawyers' association or people speaking on their behalf would suggest [eliminating] people of faith from juries."That is akin to saying, 'there's a black person, strike them [from the jury pool] because they're black,' or 'there's a woman, strike her because she's a woman,'" Young said. "[Will they say,] 'There's a Christian,' or 'there's a Jew' or 'there's a Muslim,' strike them because they're Christian or Jewish or Muslim? It's incredibly dangerous."

In an interview with CNSNews.com , Wenner insisted that discriminating against people of faith has never been his intention."That's exactly the opposite of what I was suggesting. In fact, my mother would be really upset that she spent all that money on bar mitzvah lessons for me if that's what I had meant," Wenner said, laughing.The goal of identifying potential juror "bias" based on religious beliefs, Wenner said, is to insure that people of faith avoid what he believes in an unfair crisis of conscience when their religious teaching contradicts secular law."You are now asking that person to make a choice between their religious beliefs and the laws that exist in your specific state," Wenner explained. "Why should they have to be put in that position?"The psychotherapist-turned-trial lawyer said if such a conflict becomes apparent while interviewing potential jurors, he acknowledges it."I say, 'you know, Mr. So-and-so' or 'Ms. So-and-so, that's perfectly okay to have that belief.

You have every right to believe that and to think that and, from your standpoint, it may be the right way to believe. That's okay,'" Wenner said. "I say, 'but, because of how you feel, Ms. So-and-so, don't you think it would be better for you, and for this plaintiff who has a right to bring this case, for you to sit on ... a different type of case where it doesn't ask you to choose between what the civil justice system says is allowed and your religious beliefs?'"His job during the pre-trial process, Wenner explained, is "to pick a jury that is going to start the case and give each side a fair hearing on the evidence without too many prejudgments influencing the decision-making process."That does not mean, Wenner stressed, that plaintiffs' attorneys should have any less respect for potential jurors with deeply held religious beliefs."Lawyers shouldn't vilify jurors or be suspicious of them because of their beliefs," Wenner said. "On the contrary, I teach [attorneys] to accept [jurors] where they are and to use those [beliefs] to help [jurors] understand the world they live in, so [attorneys] can better communicate with [jurors] rather than trying to change them."Mario Mandina is chief executive officer of the National Lawyers Association (NLA), which bills itself as "a national bar association, organized to improve the image of the legal profession, to advance legal institutions and respect for the law, and to educate the public on such matters." The group has become a refuge for conservative attorneys displeased with the liberal positions often taken by ATLA and the American Bar Association (ABA).

While Mandina understands that people of faith might be offended by Wenner's advice, he said the principles are not as controversial as many might believe."If you're going to put out a book to tell lawyers to pick good juries to get you money for your clients, you've got to tell them the truth," Mandina allowed. "Unless it was derogatory, I couldn't fault somebody. If you're going to do that, you'd better do it right, or you'll get sued. You couldn't ignore the obvious."Mandina explained that the primary duty of a lawyer is to represent his or her client "within the bounds of the rules of ethics."As an officer of the court, he or she is empowered or expected to notify the court of any violations of the code of ethics and not to present perjured testimony," Mandina said. "If it crosses that, you've got a duty [to report it]. But say it doesn't cross it? Say it just gives you a choice between an extremely liberal panel or an extremely conservative panel? No lawyer worth his salt would ignore those factors."But the duty to one's client would be no excuse, Mandina said, for attorneys to make sweeping generalizations about people of faith serving on juries. Mandina is concerned that some trial lawyers are moving in that direction."They may start asking questions like, 'Do you believe in the Ten Commandments?'

Someday, the way this country's going and, if you raise your hand, you would be automatically excluded," Mandina speculated. "If you can't set aside, for example, your personal views of Christianity - which no true Christian could do - then you'll be excluded from the panel. Those days are coming if things don't change in this country."Wenner agreed that jurors should not be excluded merely for their religion. But he still contends that there are some potential jurors who will not or cannot work within the system."There are a lot of people out there who have very, very, very strong feelings about the jury system today, who can't be fair because of their beliefs," Wenner claimed. "That presents a problem for the trial lawyer."The attorney's goal, Wenner contended, should not be to stack a jury in favor of his or her client, but to strive for an objective hearing for their side of the case."I'm not asking for a biased jury and I'm not teaching people how to get a biased jury. I would not want to see other people teaching [attorneys] how to manipulate a jury," Wenner said. "All I'm asking for is a fair jury."

If you have been injured in an accident contact the baez law firm: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com we offer free initial consultation. We care about your legal needs!