The Baez Law Firm | San Antonio Lawyers and Attorneys

The Baez Law Firm | San Antonio Lawyers and Attorneys
San Antonio Lawyers and Attorneys
Showing posts with label Alert. Show all posts
Showing posts with label Alert. Show all posts

Sunday, March 14, 2010

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.

Tuesday, January 26, 2010

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.

Thursday, April 9, 2009

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.

Thursday, September 25, 2008

Abuse of authority by police

According to the bible, everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Romans 13:1. However, what happens when people in power abuse that authority? From this abuse of authority, comes the infamous "police brutality."

Police brutality is a term used to describe any excessive and unnecessary physical force, assault, or battery used by law enforcement officials when dealing with the public. Section 42 of The United States Code states that "... any person working under the authority of a state law enforcement body who violates the civil rights of individuals in the U.S. is liable to pay for any damages they cause."

Police agencies have been given a new way to express their aggressions towards the public, without the fear of killing so many, or so they thought. The invention of the taser has created a new way for the police to over power the public, and the use of taser is increasing in alarming numbers.

The name Taser is an acronym for "Thomas A. Swift’s Electric Rifle". Arizona inventor Jack Cover designed it in 1969; naming it for the science fiction teenage inventor and adventurer character Tom Swift.

Modern taser-type weapons fire small dart-like electrodes with attached metal wires that connect to the gun, propelled by small gas charges similar to some air rifle propellants. The maximum range is up to 10 meters (30 feet). Earlier models of Taser needed the dart-like electrodes to embed in the skin and superficial muscle tissues layers; newer versions of the projectiles use a shaped pulse/arc of electricity which disrupt nerve and muscle function without needing the metal prongs on the projectile to penetrate the skin. Early models had difficulty in penetrating thick clothing, but the ‘pulse’ models are designed to bring down a subject wearing up to a Level III body armor vest.

There are some widely known cases of police brutality, but there are thousands more that never receive nationwide media attention. Any time a police officer abuses his or her authority and inflicts undue suffering on any person it is an affront to not only the victim of the pain, but to society as a whole.

Our latest client was so proud that he was going to fix his son’s car, that he decided to go to a 24 hour auto part store, in retrospect, this was a mistake. He was eventually tased several times and he had to be hospitalized because he developed a fatal cardiac condition, atrial fibrillation. From a proud moment to shameful and fatal consequences, his case is one of thousands that teaches us a lesson: the people we depend on to protect us from criminal aggressors should never become the aggressors themselves.

If you or some one you know has been a victim of police brutality, please contact The Baez Law Firm, P.C. We have experienced police brutality lawyers that will handle your case with respect and dignity. Please contact us at our websites: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com http://www.baezlaw.com or call us at (210) 979-9777 for a free initial consultation.

Sunday, August 31, 2008

Truck Accidents

Truck accident litigation involves claims against negligent truck drivers and the trucking companies who hire them. Under Federal law as well as Texas law, a driver of a large truck is considered to have an even greater standard of care than other drivers, because of the injuries that their large trucks can cause. Truck drivers break federal laws by driving while fatigued, in excess of the amount of hours they are allowed to drive, at an excessive speed, with overloaded or over sized trucks, and improperly maintained trucks.

Collisions caused by a truck’s failure, faulty inspection and maintenance, or a truck driver’s negligence, can lead to catastrophic injuries.When you put something that heavy on our roads at speeds topping 60 miles an hour, you get a potentially very dangerous situation, with a massive motor vehicle that can run over almost anything in its path. If you add the growing problem of driver fatigue and truck drivers’ being under constant pressure to move cargo – there can be deadly consequences.

Today, with the ever-changing advancements in technology, there is a lot we can learn from analyzing every detailed involved in an accident. Our attorneys and experts use the following information tools to properly help our client's case, truck maintenance records, driving records, driving log books, driver employee records, drug test results, on board computer (black box) data, Department of Transportation data.

Once our investigation of the trucking accident is complete, we head into settlement negotiations or to trial with evidence on our side. Our attorneys know how to prepare and win cases. Our truck accident lawyers work on a contingent fee basis, which means that there is never a fee that you have to pay unless we successfully resolve your truck accident case.

To recover the cost of medical bills, lost wages, and emotional trauma, truck accident victims should contact an experienced truck accident lawyer as soon as possible. Our lawyers swiftly consult experts such as accident reconstruction experts to gather facts and begin a thorough and far-reaching investigation. Our truck accident attorneys speak with and take depositions from eye-witnesses and company employees.

If you, or some one you know have been injured by a truck accident, please contact The Báez Law Firm, P.C at (210) 979-9777 or visit our websites: http://www.thebaezlawfirm.com http://www.baezlaw.com http://www.sanantoniopersonalinjurytriallawyers.com or http://www.thebaezlawfirm.com/car_and_truck_accident_victims.html for a free initial consultation about your case. That is why we say "We care about your legal needs."

Wednesday, May 21, 2008

Glad we can help!

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

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

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

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

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

Monday, May 5, 2008

Another police brutality article

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

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

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

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

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

Friday, April 11, 2008

U.S. Law Firms, please beware.

First and foremost, we would like to take this opportunity to thank City Bank Fraud Department for preventing our firm from falling under the scheme that we are about to reveal to Law Firms all over the United States. Again, thank you!

Recently, our law firm received a proposal for business representation from Asia. We are expanding our Internet marketing, and apparently, it was working. Our first clients from the Orient had arrived with a proposal almost impossible to resist. In reality, this crooks are not from Asia, they are from Nigeria and their base of operations is Canada.

This is how their scam works. They will contact you via mail, or electronically through the firm’s website page. They will pose themselves as Asian corporations in need of representation against their clients. Their alleged name was Daechang. (This is not to say that Daechang was the company perpetrating the fraud, this was the name that the crooks used this time). We believe that they used real companies names in order to achieve their objectives. So, we conducted research, and it was all legitimate. Daechang, happens to be an Asian corporation with international clients.

According to them, they have clients all over US and their clients have delinquent accounts. They will tell you that, they have tried the same techniques in Europe with great success. So apparently, all they would need is a reputable firm (so far, our law firm fitted the profile). Our firm was to contact these American companies, in an effort to avoid litigation. The operations department from our firm sent Daechang the retainer agreement, and so the usual hourly contract was sent to the Asian corporation, and it was signed by their alleged president Mr. Si-young, cho. In most cases, our business retainer pre litigation is $25, 000.00 and our firm will not start any representation before the retainer is sent to our main office.

The next day, their president contacted us and indicated that (PCC Logistics) was ready to write a certified check for them through our law firm for the amount of $194, 000.00. They would need immediate representation from the firm, in order to help them collect from PCC Logistics. Mr. Si-young, cho instructed the PCC Logistics to send the check to the law firm, since the law firm represented them in the US.

We informed Mr. Si-young, cho that unless we received the retainer, we would not represent them; however, that same day, a certified check for the amount of $194, 000.00 arrived via Federal Express to our main office attached with an invoice from PCC Logistics. Mr. Si-young, cho had indicated that we were to subtract our retainer agreement from the $194, 000.00 and sent them the rest. Sounds familiar?

We were skeptical, so we took the alleged certified check to our bank. They informed us that "all of the right features of a certified check were present" that "we had nothing to worry about, to deposit the check in our accounts." Thank God that we decided to go to the drawee bank before depositing into our accounts. The folks at City Bank worked very hard to let us know that the check was fake.

We pray that the crooks conducting this schemes will get caught. We also pray that no other law firms in the U.S. will be affected by their fraud.

Tuesday, April 1, 2008

Police brutality in Texas

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

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

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

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

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

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

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

Thursday, March 20, 2008

What is Personal Injury Protection (PIP)?

Personal Injury Protection (PIP) is an extension of car insurance available in Texas, which covers medical expenses and, in some cases, lost wages and other damages. PIP pays off regardless of who is at fault and is mandatory in some states, especially those with no-fault laws. PIP coverage may vary from state to state.

PIP can cover within the specified limits, the medical, hospital and funeral expenses of the insured, others in his vehicles and pedestrians struck by him. The basic coverage for the insured's own injuries on a first-party basis, without regard to fault. It is only available in certain states.

Personal injury protection insurance is an option that you can purchase when you buy automobile insurance. PIP pays for your medical expenses and your lost wages when you’re in a car accident or wreck. PIP has two important features. First, there is no subrogation interest; unlike health insurance, if you submit bills to your PIP carrier, you do not have to reimburse the PIP carrier for amounts paid when you receive a verdict or settlement that includes the same bills. And second, you can submit bills to your PIP carrier even if the bills have been paid by your health insurance.

If you have been injured in an accident, we can help. The Báez Law Firm, P.C. is here to protect your legal needs. Call us at (210) 979-9777 or visit our websited http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation. We care about your legal needs.


Saturday, March 8, 2008

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.

Tuesday, February 26, 2008

Roof Crush Injury

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

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

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

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

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

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

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

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

Wednesday, February 20, 2008

Strong Religious Beliefs and Jurors

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

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

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

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

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

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

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

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

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

Thursday, January 17, 2008

Dog Bite Law in Texas

(AP)-According to the American Veterinary Medical Association, 4.7 million Americans will suffer a dog bite injury this year, most of them children. Each year, about 800,000 dog bite injury victims are treated at clinics and hospitals and about a dozen people die from dog attacks.

Dog bite injuries can involve puncture wounds and lacerations that may result in scarring. Reconstructive surgery may be necessary. If the dog has not been vaccinated, the dog bite victim may need to undergo a painful treatment for rabies. Infection is always a concern.
Dog bite injury victims often suffer emotional as well as physical trauma. Psychological therapy may be required, especially for children.

Texas follows the ancient and outdated "one bite rule." This means that legal liability for a dog bite is based on one of the following circumstances: (a) the owner knew that the dog had bitten someone previously or had the dangerous propensity to bite a person, (b) the accident was cause by the negligence of the person handling the dog, (c) the accident was caused by a violation of a leash law, prohibition against dogs trespassing or running at large, or a similar animal control law, or (d) the injury was caused intentionally by the person handling the dog.

On the other hand, new law went into effect for criminal liability. Under the new law, the owner of a dangerous dog can still face misdemeanor charges if the animal injures someone. That same owner now can be on the hook for a felony and prison time if the victim dies or suffers wounds requiring hospitalization.

Our lawyers will pursue full compensation of all current and future expenses related to the dog bite injury. Please contact The Báez Law Firm, P.C. http://www.thebaezlawfirm.com for further information about the laws concerning dog bite injury victims. We offer a free consultation to review your case and discuss your rights. We care about your legal needs!

Tuesday, January 8, 2008

Dog Bite statistics

Studies of dog bite injuries have reported that:

The median age of patients bitten was 15 years, with children, especially boys aged 5 to 9 years, having the highest incidence rate

The odds that a bite victim will be a child are 3.2 to 1. (CDC.)

Children seen in emergency departments were more likely than older persons to be bitten on the face, neck, and head. 77% of injuries to children under 10 years old are facial.

Severe injuries occur almost exclusively in children less than 10 years of age.

The majority of dog attacks (61%) happen at home or in a familiar place.

The vast majority of biting dogs (77%) belong to the victim's family or a friend.

When a child less than 4 years old is the victim, the family dog was the attacker half the time (47%), and the attack almost always happened in the family home (90%).

If you or a love one has been bitten by a dog, give us a call (210) 979-9777 or visit our website at http://www.thebaezlawfirm.com because we care about your legal needs!

Saturday, January 5, 2008

U.S. Transportation Secretary Announces New Effort

(AP) Washington, DC - To combat the alarming trend of rising motorcycle injuries and fatalities, U.S. Secretary of Transportation Mary E. Peters recently announced a comprehensive new federal initiative to improve motorcycle safety with more rider education and training, tougher standards for helmet certification labeling, law enforcement training, and road designs that consider motorcycle dynamics.

Secretary Peters – an avid motorcyclist – also released a television public service announcement where she credits her riding gear for saving her life during a 2005 motorcycle crash. “Take it from a motorcycle enthusiast who also happens to be the U.S. Secretary of Transportation,” Secretary Peters says in the PSA. “Check your bike before each ride, wear all your safety equipment and ride with others so you’re more visible. If I hadn’t taken those safety precautions, I wouldn’t be standing here today.”

Peters said the motorcycle safety initiative will create new national safety and training standards for novice riders, curb counterfeit helmet labeling so that consumers can be certain they are buying DOT-certified helmets, place new focus on motorcycle-specific road improvements, and provide training to law enforcement officers on how to spot unsafe motorcyclists. In addition, Peters said, the plan includes a broad public awareness campaign – including the PSA - on safe riding techniques.

Have you been injured in a motorcycle accident, please call us at (210) 979-9777 or visit our website at http://www.thebaezlawfirm.com for more information. We care about your legal needs!

Saturday, December 29, 2007

Why SUVs roll over so easily?

One of the main reasons for the instability of those vehicles is the high center of gravity.Most rollovers occur when the driver is forced to an emergency evasive action. The rapid change of steering into the opposite direction, like typical avoiding maneuvers, often throws the vehicle off center and forces it to roll over.

From an engineer’s point of view, the stability of a vehicle is measured by the formula: T divided by 2h. T is the 'track width' (center of the right front tire to the center of the left front tire) and h is the vehicle's center of gravity. When this number is 1.2 or greater, the vehicle is unlikely to roll. However, the further the ratio dips below 1.2, the greater the likelihood of roll over.

While police officers often blame the driver for careless driving, fault should be attributed to the manufacturer for negligent vehicle design.Another leading cause for the fatality of SUV rollovers is the likelihood of roof crushes and ejection. During the rollover, the roof pillars, side roof rails and the front roof header often collapse, invading the occupant safety zone. As a result, neck fractures lead to brain damages and other fatal injuries.

What to do after a SUV rollover

-Vehicle and accident site inspection as soon after the accident as possible
-Preservation of the vehicle in its condition after the accident
-Having an experienced accident investigator to take accurate and complete statements of all occupants, law enforcers, EMS personal and witnesses
-Having an accident reconstruction engineer to determine how the accident occurred
-Having biomedical or biomechanical experts to determine what part of the accident or vehicle caused the plaintiffs injuries
-Interview the plaintiffs' treating medical physicians
-In catastrophic injuries, the resulting in paraplegia quadriplegia, or serious head injuries, hiring a life care plan consultant to evaluate the cost of medical care to the seriously injured plaintiff and estimate ALL medical and life care needs over this persons lifetime


SUV Rollover Crash Facts listed by the National Highway Traffic Safety Administration
10,657 vehicles were involved in fatal rollovers. Crashes in which a vehicle rolled over accounted for more than 50 percent of all single-vehicle crash deaths. Rollover crashes are especially serious due to occurring head injuries.


Serious injuries in rollover crashes are 36 percent higher than non-rollover crashes
Ejections account for 63 percent of all fatalities in rollover crashes and often result in head injuries. More than 90 percent of passenger vehicle rollover crashes are single vehicle crashes
56 percent of those single vehicle crashes resulted in death, compared to only 11 percent in all multi-vehicle crashes.

If you or someone you know has has a roll over, contact The Báez Law Firm, P.C. we can help you recover what you deserve. Visit us at http://www.thebaezlawfirm.com or call us at (210) 979-9777. WE CARE ABOUT YOUR LEGAL NEEDS!

Saturday, November 17, 2007

Train hits man on tracks in Fort Worth, killing him

Associated Press-A man died after he was hit by a train Friday evening in Fort Worth. His name was not released, pending notification of relatives.

The accident happened shortly before 5 p.m. Friday in the 900 block of South Ayers Avenue, police said. The man was sitting on the railroad tracks as the train approached, police said.

The man stood up and walked east on the tracks. The Union Pacific train could not stop in time and struck and killed him.

We care about your legal needs! If your loved one has been hit by a train, call us at (210) 979-9777 or visit our website http://www.thebaezlawfirm.com

Tuesday, November 13, 2007

Herbal sex pills pose hidden dangers

Associated Press-Many of the pills marketed as safe herbal alternatives to Viagra and other prescription sex medications pose a hidden danger: For men on common heart and blood-pressure drugs, popping one could lead to a stroke, or even death. "All-natural" products with names like Stamina-RX and Vigor-25 promise an apothecary's delight of rare Asian ingredients, but many work because they contain unregulated versions of the very pharmaceuticals they are supposed to replace.

That dirty secret represents a special danger for the millions of men who take nitrates – drugs prescribed to lower blood pressure and regulate heart disease. When mixed, nitrates and impotency pharmaceuticals can slow blood flow catastrophically, leading to a heart attack or stroke. An Associated Press investigation shows that spiked herbal impotency pills are emerging as a major public health concern that officials haven't figured out how to track, much less tame.
Emergency rooms and poison control hot lines are starting to log more incidents of the long-ignored phenomenon. Sales of "natural sexual enhancers" are booming – rising to nearly $400 million last year. And dangerous knockoffs abound.

At greatest risk are the estimated 5.5 million American men who take nitrates – generally older and more likely to need help with erectile dysfunction. The all-natural message can be appealing to such men, warned by their doctors and ubiquitous TV commercials not to take Viagra, Cialis or Levitra.

We care about your legal needs. Have a case concerning medications, visit us at http://www.thebaezlawfirm.com We can help!

Tuesday, October 30, 2007

Texas Hospitals don't have to make cases of deadly infection public

The antibiotic-resistant bacterium called MRSA is infecting more victims across the country, but most states, including Texas, are not tracking it.
The so-called "superbug" kills more people than AIDS, according to a recent report by the Centers for Disease Control and Prevention, which estimates that 18,700 people nationwide died of invasive MRSA in 2005. AIDS claimed about 17,000 lives in this country that year, the CDC reports.
The report resulted from the first federal study to track methicillin-resistant Staphylococcus aureus, a form of staph that has haunted health professionals for the past few years but grabbed the public's attention only recently after several students in different parts of the United States died from a strain they caught in the community.
The infection traditionally has spread only in health care settings, and 85 percent of the more serious cases still originate there, according to the CDC. But now that it has made its way into the community, MRSA (pronounced MUR-suh) is becoming a household word.
Most hospitals track infections transmitted within their own grounds; a spokeswoman at one Houston hospital said it would be negligent not to keep that data. But few hospitals are willing to make the information public, either through the media or to their patients.
And they don't have to.
Unlike a long list of illnesses, including chicken pox, syphilis and Lyme disease, MRSA isn't a required reportable condition in Texas. So while hospitals may know their infection rates, the public often can't get that information.
"There's just a concern about public reporting and whether it would be interpreted correctly," said Dr. Rajiv Jain, director of the Veterans Affairs national MRSA initiative, which involves testing every admitted patient for the infection. Jain believes more in-depth tracking is needed.
Hospital administrators are reluctant to release infection-rate data, partly because they're worried that the public will use it to compare them with other hospitals that track the infection differently or that serve patients with different risk factors.
But without data, some patient advocates say, it's difficult to hold hospitals accountable.
New law, but no fundingThe Texas Legislature this year approved a law that requires reporting of health care-associated infections, although it doesn't specifically target MRSA. Like most laws adopted in about 20 other states in recent years, the new rules focus on the nature of an infection, not the type of bacteria that caused it. So while some infections caused by MRSA would be counted, they wouldn't be recorded as MRSA.
The law requires that three types of hospital-acquired infections be reported: surgical-site infections, respiratory syncytial virus — which causes pneumonia — and certain bloodstream infections. But since the law doesn't include funding for the project, state health officials are struggling to figure out how to pay for it.
"It's still not clear what funding is going to be available and if it's going to be sufficient to make things work," said Dr. Tom Betz, manager of infectious disease surveillance and epidemiology for the Texas Department of State Health Services. "If we can't do this right, we probably shouldn't do it at all."
While some health professionals, including Jain, say states should track MRSA specifically, others say that wouldn't do much good, partly because the staph infection can manifest in so many forms. Infections on the skin, which can look like pimples or boils, can be treated fairly easily and become potentially fatal only if the infection spreads to the bloodstream or infects a surgical wound.
Origin hard to determineThen there's the difficulty of determining the mode of transmission: Hospitals can't always differentiate between infections that originate in their facility or in the community.
"To track just MRSA by itself, that doesn't make a lot of sense," said Dr. Sheldon Kaplan, chief of infectious disease services at Texas Children's Hospital and professor of pediatrics at Baylor College of Medicine. "There are lots of (other) hospital-acquired types of infections that are just as serious."
That's no consolation for Cary Yates, a Missouri City man whose 29-year-old son Shawn died in March from community-acquired MRSA. It took doctors several days to properly diagnose Shawn Yates, a father of two, and then it was too late, his father said.
"The medical community must take this seriously," said Yates, a banker. "They must hold themselves accountable and responsible and report these numbers so we can have an open dialogue to try and cure this disease or at least recognize it."
Bexar County to be firstBexar County, which includes San Antonio, soon will become the first in the state to track the infection. Under a state law approved in June, all clinical labs in the county will be required to report MRSA infections as soon as January. Lawmakers say the tracking system may later be expanded to the rest of the state if it's successful.
"The whole goal of getting the data is to get a baseline, so you can identify risk factors and then recommend measures to reduce those rates," said Dr. Bryan Alsip, assistant director of clinical and population-based services for the San Antonio Metropolitan Health District.
Bexar County has agreed to fund the pilot program. But for hospitals strapped for money and staff, tracking yet another condition could pull resources away from patient care, said Dr. Ed Septimus, medical director of clinical integration for The Methodist Hospital System in Houston.
"No one's against transparency," said Septimus, who serves on the board of directors for the Infectious Diseases Society of America. "But it has to be done fairly and correctly."

About Me

My photo
San Antonio, Texas, United States
Find Personal Injury Trial Lawyers that will treat you with dignity and respect. The Baez Law Firm, P.C. is dedicated to help those less fortunate. Our San Antonio Lawyers also handle family law, criminal defense, business law, immigration, social security disability, patent law, trade marks and much more. We are professionals that care about your legal needs. Our motto is simple: “Minimizing Legal Worries!”℠ Visit us at http://www.thebaezlawfirm.com or call us (210) 979-9777. Have a blessed day!

Welcome to The Báez Law Firm, P.C.

1100 NW Loop 410, Suite 500
San Antonio, Texas 78213
Tel. (210) 979-9777
Fax. (210) 979-9774
http://www.thebaezlawfirm.com/

VIDEO: http://www.thebaezlawfirm.com/files/baez_timeline.wmv
LawGuru Answers. Free Answers to your important Legal Questions from Real Attorneys. Click here. www.LawGuru.com

Word of God