No insurance company wants you to get a lawyer if you are involved into an accident. If you have ever watched Late Night TV, they have this in every episode. So, imagine that you are listening to the drum rolls and the fancy music, as you read this blog. LOL
Number Five: The rate of success for the injured victim is much higher. Because lawyers are trained in the art of Negligence, contrary to a lay person, the odds are in the lawyers favor to get better results.
Number Four: The insurance company has to deal in good faith with the injured victim, albeit through their attorney. This does not happen when a lay person handles their own case.
Number Three: More resources are available for the injured victim. Knowledge is power. Because the injured victim has obtain legal representation, the best interest of the client, and not the insurance company is the most important aspect of the case.
Number Two: More room for negotiation is available to benefit the injured victim. Insurance companies do not negotiate with lay person in the same way that they do when a lawyer is involved.
Number ONE: It cost them more money. Insurance companies are in the business of making money. When an injured person hires an attorney to handle their personal injury case, the attorney will ask for more money and will by default, get more money on any particular case.
There is a MAXIM of the law that says "Only a fool has him/her self as a client. Insurance companies know this. As such, they do not want you to hire a lawyer. One of the most important reasons why you should hire a lawyer in your personal injury case is that Your Rights Will Be Protected!
If you or someone you love has been injured as a result of an Auto Accident, Medical Malpractice, Police Brutality, Car Wreck, Trucking Accident, 18 Wheeler Accident or any other form of injury, you can contact our law firm at 1-800-700-LAWFIRM. You can also visit our websites: The Baez Law Firm, P.C. or San Antonio Injury Lawyers.
Find Personal Injury Trial Lawyers that will treat you with dignity and respect. The Baez Law Firm, P.C. is dedicated to help those less fortunate. We are professionals that care about your legal needs. Come visit us www.thebaezlawfirm.com or call us (210) 979-9777. Have a blessed day!
The Baez Law Firm | San Antonio Lawyers and Attorneys
San Antonio Lawyers and Attorneys
Showing posts with label San Antonio Personal Injury Attorneys. Show all posts
Showing posts with label San Antonio Personal Injury Attorneys. Show all posts
Monday, July 8, 2013
Thursday, October 18, 2012
How to find Top Accident Lawyers in San Antonio
Auto Accidents happen often in San Antonio on a daily basis. We know this because there is plenty of statistical data backing up this claim. When you are involved in an auto accident, how do you find top lawyers to help you get the settlement that you deserve? This blog is intended to answer that question.
Before we answer that question, we have to look at some things that may contribute to the accidetnts. Why are so many people in San Antonio involved in auto accidents to begin with? Perhaps we are in a hury. Perhaps we are a growing city. Or perhaps simply we are just unlucky. In any event, if you are a victim of an automobile accident, you have the right to get a lawyer. Why, because the insurance company, whom you are filing a claim against, has its own lawyers.
This is like doing brain surgery. You would not do it yourself. Would you? Then why in the world would you do your own auto accident claim? We do not recommend that. This is when the attempt to answering the question comes in. You see TV commercials, and see bus advertisements that tells you, this lawyer is the best, no this one is.
Rather than saying that, we are going to allow clients and others to tell you about our lawyers. But first, let me say that our law firm offers a FREE Auto Accident Application, in the event that you are ever into an accident. Not many law firms can say that.
We will start by what they are saying on AVVO: This is an independent site that rates lawyers, doctors and others bases on customers reviews, peer reviews and the public in general. Our Lawyers have been deemend Top Accident Lawyers by them.
Then we will go with Super Lawyers: This is an independent site that for decades, has a tough selection process by peers and professionals that select only a few lawyes in any particular area per year. Our Lawyers were selected in the area of Personal Injury, which includes auto accidents.
We have several blogs that talk about personal injury only. In an effort to help the San Antonio community if they are ever involved in an auto accident.
We could go on and on but we are going to let you, the reader, do some due dilligence on your own. If you, or someone you know are ever involved in an accident, please contact our super layers at The Baez Law Firm.
Before we answer that question, we have to look at some things that may contribute to the accidetnts. Why are so many people in San Antonio involved in auto accidents to begin with? Perhaps we are in a hury. Perhaps we are a growing city. Or perhaps simply we are just unlucky. In any event, if you are a victim of an automobile accident, you have the right to get a lawyer. Why, because the insurance company, whom you are filing a claim against, has its own lawyers. This is like doing brain surgery. You would not do it yourself. Would you? Then why in the world would you do your own auto accident claim? We do not recommend that. This is when the attempt to answering the question comes in. You see TV commercials, and see bus advertisements that tells you, this lawyer is the best, no this one is.
Rather than saying that, we are going to allow clients and others to tell you about our lawyers. But first, let me say that our law firm offers a FREE Auto Accident Application, in the event that you are ever into an accident. Not many law firms can say that.
We will start by what they are saying on AVVO: This is an independent site that rates lawyers, doctors and others bases on customers reviews, peer reviews and the public in general. Our Lawyers have been deemend Top Accident Lawyers by them.
Then we will go with Super Lawyers: This is an independent site that for decades, has a tough selection process by peers and professionals that select only a few lawyes in any particular area per year. Our Lawyers were selected in the area of Personal Injury, which includes auto accidents.
We have several blogs that talk about personal injury only. In an effort to help the San Antonio community if they are ever involved in an auto accident.
We could go on and on but we are going to let you, the reader, do some due dilligence on your own. If you, or someone you know are ever involved in an accident, please contact our super layers at The Baez Law Firm.
Tuesday, June 26, 2012
Is your auto accident covered by PIP Insurance?
Do you know whether your claims is covered by PIP or not? Have you been injured in a motor vehicle accident? Is your claim covered? There are numerous court factors considered in making the determination. Here is some of the research on that topic.
The statute's definition of "personal injury protection" is detailed, but it does not specify whether merely "an accident" will trigger coverage or whether a "motor vehicle accident" is required. The statute uses the term "the accident" six times, and the phrase "the date of accident" once, without expressing whether "the accident" contemplates, or does not contemplate, an automobile or motor vehicle accident.
Personal injury protection consists of provisions of a motor vehicle liability policy which provide for payment to the named insured in the motor vehicle liability policy and members of the insured's household, any authorized operator or passenger of the named insured's motor vehicle including a guest occupant, up to an amount of $2,500 for each such person for payment of all reasonable expenses arising from the accident and incurred within three years from the date thereof for necessary medical, surgical, Xray and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing and funeral services, and in the case of an income producer, payment of benefits for loss of income as the result of the accident; and where the person injured in the accident was not an income or wage producer at the time of the accident, payments of benefits must be made in reimbursement of necessary and reasonable expenses incurred for essential services ordinarily performed by the injured person for care and maintenance of the family or family household.
The insurer providing loss of income benefits may require, as a condition of receiving such benefits, that the insured person furnish the insurer reasonable medical proof of his injury causing loss of income. The personal injury protection in this paragraph specified shall not exceed $2,500 for all benefits, in the aggregate, for each person.
The benefits required by this Act shall be payable without regard to the fault or nonfault of the named insured or the recipient in causing or contributing to the accident, and without regard to any collateral source of medical, hospital, or wage continuation benefits. An insurer paying benefits pursuant to this Act shall have no right of subrogation and no claim against any other person or insurer to recover any such benefits by reason of the alleged fault of such other person in causing or contributing to the accident.
All payments of benefits prescribed under this Act shall be made periodically as the claims therefor arise and within thirty (30) days after satisfactory proof thereof is received by the insurer subject to the following limitations:
The coverage described in this Act may prescribe a period of not less than six months after the date of accident within which the original proof of loss with respect to a claim for benefits must be presented to the insurer.
The decision in Le v. Farmers Texas County Mutual Insurance Co. considered whether this statute permitted the State Board of Insurance to promulgate a policy that required a "motor vehicle accident" and concluded that it did. That court reasoned that "[i]t is likely that the statewide cost for injuries which happen to occur in a car is higher than the cost of paying for injuries which result from a motor vehicle accident." It gave deference to the Board, concluding, "[w]e do not find the Board's construction repugnant to the statute."
The reasoning in Le v. Farmers Texas County Mutual Insurance Co. is sound. It is certainly reasonable and permissible for a policy providing personal injury protection to require the occurrence of a "motor vehicle accident" before coverage is applicable. An insurer paying personal injury protection coverage has no right of subrogation for the fault of another person in causing or contributing to "the accident." does not prohibit automobile policies issued in this state from requiring that the injuries be sustained as a result of a "motor vehicle accident."
However, the court found that a motor vehicle accident occurs when one or more vehicles are involved with another vehicle, an object, or a person, the vehicle is being used as a motor vehicle, and a causal connection exists between the vehicle's use and the injury-producing event, and
driver's injury resulted from a "motor vehicle accident" and entitled him to PIP benefits. Texas Farm Bureau Mut. Ins. Co. v. Sturrock, 146 S.W.3d 123 (Tex. 2004).
There is hope out there that your PIP may cover your claim. Give us a call if you have any questions. We are San Antonio Personal Injury Lawyers here to help you! We care about your legal needs.
The statute's definition of "personal injury protection" is detailed, but it does not specify whether merely "an accident" will trigger coverage or whether a "motor vehicle accident" is required. The statute uses the term "the accident" six times, and the phrase "the date of accident" once, without expressing whether "the accident" contemplates, or does not contemplate, an automobile or motor vehicle accident.
Personal injury protection consists of provisions of a motor vehicle liability policy which provide for payment to the named insured in the motor vehicle liability policy and members of the insured's household, any authorized operator or passenger of the named insured's motor vehicle including a guest occupant, up to an amount of $2,500 for each such person for payment of all reasonable expenses arising from the accident and incurred within three years from the date thereof for necessary medical, surgical, Xray and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing and funeral services, and in the case of an income producer, payment of benefits for loss of income as the result of the accident; and where the person injured in the accident was not an income or wage producer at the time of the accident, payments of benefits must be made in reimbursement of necessary and reasonable expenses incurred for essential services ordinarily performed by the injured person for care and maintenance of the family or family household.
The insurer providing loss of income benefits may require, as a condition of receiving such benefits, that the insured person furnish the insurer reasonable medical proof of his injury causing loss of income. The personal injury protection in this paragraph specified shall not exceed $2,500 for all benefits, in the aggregate, for each person.
The benefits required by this Act shall be payable without regard to the fault or nonfault of the named insured or the recipient in causing or contributing to the accident, and without regard to any collateral source of medical, hospital, or wage continuation benefits. An insurer paying benefits pursuant to this Act shall have no right of subrogation and no claim against any other person or insurer to recover any such benefits by reason of the alleged fault of such other person in causing or contributing to the accident.
All payments of benefits prescribed under this Act shall be made periodically as the claims therefor arise and within thirty (30) days after satisfactory proof thereof is received by the insurer subject to the following limitations:
The coverage described in this Act may prescribe a period of not less than six months after the date of accident within which the original proof of loss with respect to a claim for benefits must be presented to the insurer.
The decision in Le v. Farmers Texas County Mutual Insurance Co. considered whether this statute permitted the State Board of Insurance to promulgate a policy that required a "motor vehicle accident" and concluded that it did. That court reasoned that "[i]t is likely that the statewide cost for injuries which happen to occur in a car is higher than the cost of paying for injuries which result from a motor vehicle accident." It gave deference to the Board, concluding, "[w]e do not find the Board's construction repugnant to the statute."
The reasoning in Le v. Farmers Texas County Mutual Insurance Co. is sound. It is certainly reasonable and permissible for a policy providing personal injury protection to require the occurrence of a "motor vehicle accident" before coverage is applicable. An insurer paying personal injury protection coverage has no right of subrogation for the fault of another person in causing or contributing to "the accident." does not prohibit automobile policies issued in this state from requiring that the injuries be sustained as a result of a "motor vehicle accident."
However, the court found that a motor vehicle accident occurs when one or more vehicles are involved with another vehicle, an object, or a person, the vehicle is being used as a motor vehicle, and a causal connection exists between the vehicle's use and the injury-producing event, and
driver's injury resulted from a "motor vehicle accident" and entitled him to PIP benefits. Texas Farm Bureau Mut. Ins. Co. v. Sturrock, 146 S.W.3d 123 (Tex. 2004).
There is hope out there that your PIP may cover your claim. Give us a call if you have any questions. We are San Antonio Personal Injury Lawyers here to help you! We care about your legal needs.
Thursday, October 7, 2010
Injuries from an accident need to be treated!
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Our law firm has been helping the injured in San Antonio even when no health insurance is available. We are able to help you with injuries from an auto accident immediately. The most important thing after an auto accident is medical treatment. Our San Antonio lawyers can get you the medical help that you deserve after an auto accident.
If you have been injured as a result of an auto accident, come see us or give us a call (210) 979-9777. We care about your legal needs!
Friday, October 1, 2010
We represent the injured person all the way to trial
In Texas, health care liability claims, and in most personal injury claims, medical expenses related to the care and treatment of an injured person often constitute a significant portion of the damages that might be recovered at trial. Recoverable medical expenses were addressed in the 2003 tort reform legislation. The new statute, Section 41.0105 of the Texas Civil Practice and Remedies Code, changes the way in which courts and juries are to evaluate this element of damages.Since the change of the legislation of paid v. incurred, insurance companies have been paying less money for personal injury claims. This is so because the new legislation allows them to only paid on what was "actually paid" on behalf of an insured not what was "incurred" during an accident.
But what does that mean? It means that if two people have the same accident, but one has insurance and the other one does not, the person without insurance will have a greater chance to recover more money than the person that does. What? So, in Texas, if you do the right thing and have insurance, you are been penalized? Exactly.
Our lawyers have been faced with this dilemma for our clients for a while now. We have opted to take those cases that leave our clients without funds in their pockets to trial. In that way, the juries have the potential to hear what was incurred on behalf of the client.
For decades, the collateral source rule would bar insurance companies from bringing forth what was actually paid, now because of this legislation, the insurance companies that are supposed to paid the injured person are the one's benefiting from this law. Until the law is changed, our San Antonio lawyers will be fighting in court for the rights of our injured clients.
Monday, September 20, 2010
Death in family by someone's negligence, we can help!
The Baez Law Firm has been helping families that have been victims of some one's negligence. When your love one is death, as a result of negligence, we can help.
Our San Antonio Lawyers have been helping the injured in Texas. Our firm's motto is "we care about your legal needs!" We do this, by providing you, our client, with effective legal representation on your personal injury case.
Contact us, and you will see the difference from the moment that your walk through our doors. On personal injury cases, we do not charge you, unless our attorneys win your case for you. Let us be your legal team!
Sunday, July 18, 2010
San Atonio Personal Injury Lawyers helping others with their cases
Although our main practice is personal injury law, The Baez Law Firm is a general practice law firm that cares about your legal needs. We have been doing this by providing you, our clients, with efficient legal representation and personalized treatment. Our clients are our number one priority, and we appreciate and treat them like people, not numbers.
If our clients suffer from the negligence of others, our senior attorney Mr. Baez handles their personal injury case with integrity and dignity, and our clients get the settlement that they desserve. We treat others as we would like others to treat us, and that is how we handle the personal injury case, period. When you need a personal injury lawyer in San Antonio, you need The Baez Law Firm on your side. We handle all aspects of personal injury law, medical malpractice, auto accidents, police brutality cases, truck accidents, nursing home negligence, products liability, defective tires, brain injuries, wrongful death and many more areas of personal injury litigation.
If our clients have financial problems, and the bills are getting out of hand, they come to see us to help them. Our bankruptcy lawyers will prepare a petition for bankruptcy on your behalf, to stop the harrazing phone calls from creditors. Ms. Sostre will handle your case expedently and to your satisfaction. Let us help you if your bills are getting out of hand. Ms. Sostre is currently a City Judge and a member of The Baez Law Firm.
If our clients have a family issue, whether is a divorce, child support, visitations, adoptions, cps case, grandparents rights, family abuse, or any other aspect of family law, they come to us so that we can help them. Our family law cases are handled by Mr. Fowler, and he is an attorney with over 20 years of experience. Mr. Fowler's compasion is felt by our clients and his patients will help you through even the most difficult aspects of your family law case.
If our clients have business issues our attorneys handle their legal problems for them. Our business law experience is vast and we will figure a way to solve the legal issue with the less amount of expenses for your business. We handle issues on a local and national level when it comes to your business. Your business needs an investement, you need our legal team on your side.
If our clients have been wrongfully accused of a crime, our legal team will prepare a defense that is honest and fact driven. In many cases, our attorneys will get an expert to prove that our clients were not the alleged perpetrators. Hector Gonzales III is the attorney handling criminal law for the firm. He has been in practice for over 15 years, and he handles murder cases, manslaughter, sex offences, internet offences, white collar offences, DWI cases, assault cases, any other other alleged crimes that our clients may be charged with. When you need a criminal defense lawyer in San Antonio, you need The Baez Law Firm on your side.
There are other areas of law that our firm handles for our clients. We would love for you to stop and give us a visit, so that you can see the difference of our legal team, and this is why we say "we care about your legal needs."
If our clients suffer from the negligence of others, our senior attorney Mr. Baez handles their personal injury case with integrity and dignity, and our clients get the settlement that they desserve. We treat others as we would like others to treat us, and that is how we handle the personal injury case, period. When you need a personal injury lawyer in San Antonio, you need The Baez Law Firm on your side. We handle all aspects of personal injury law, medical malpractice, auto accidents, police brutality cases, truck accidents, nursing home negligence, products liability, defective tires, brain injuries, wrongful death and many more areas of personal injury litigation.
If our clients have financial problems, and the bills are getting out of hand, they come to see us to help them. Our bankruptcy lawyers will prepare a petition for bankruptcy on your behalf, to stop the harrazing phone calls from creditors. Ms. Sostre will handle your case expedently and to your satisfaction. Let us help you if your bills are getting out of hand. Ms. Sostre is currently a City Judge and a member of The Baez Law Firm.
If our clients have a family issue, whether is a divorce, child support, visitations, adoptions, cps case, grandparents rights, family abuse, or any other aspect of family law, they come to us so that we can help them. Our family law cases are handled by Mr. Fowler, and he is an attorney with over 20 years of experience. Mr. Fowler's compasion is felt by our clients and his patients will help you through even the most difficult aspects of your family law case.
If our clients have business issues our attorneys handle their legal problems for them. Our business law experience is vast and we will figure a way to solve the legal issue with the less amount of expenses for your business. We handle issues on a local and national level when it comes to your business. Your business needs an investement, you need our legal team on your side.
If our clients have been wrongfully accused of a crime, our legal team will prepare a defense that is honest and fact driven. In many cases, our attorneys will get an expert to prove that our clients were not the alleged perpetrators. Hector Gonzales III is the attorney handling criminal law for the firm. He has been in practice for over 15 years, and he handles murder cases, manslaughter, sex offences, internet offences, white collar offences, DWI cases, assault cases, any other other alleged crimes that our clients may be charged with. When you need a criminal defense lawyer in San Antonio, you need The Baez Law Firm on your side.
There are other areas of law that our firm handles for our clients. We would love for you to stop and give us a visit, so that you can see the difference of our legal team, and this is why we say "we care about your legal needs."
Thursday, February 18, 2010
Medical Malpractice law in Texas
The law has changed in Texas, sometimes to the detriment of the victims of malpractice. This is true in the area of wrongful death. Years ago, a victims family could file a wrongful death or survivor actions for the wrongful actions of a doctor that negligently procured the death of the loved one. Now a days, that is no longer the case.
Texas law changed with proposition number 12, which created section 74 of the civil practice and remedies code. This is a very broad law that pretty much swallows a wrongful death action against any doctor or medical treatment facility for that matter. The law created the infamous "caps" on non-economical damages.
The proponents of the law, falsely accused trial attorneys of filing numerous frivolous law suits which allegedly increased the premiums on doctors, making it impossible for them to practice medicine. With that lie, the public voted for proposition number 12 and the results have been catastrophic.
A victim of a doctor's negligence is only allowed a recovery of $250,000 no matter what the injury was. In other words, lets supposed that you were a prominent entrepreneur, making millions every year, and you had a stomach pain. You go to the doctor and the doctor negligently takes your kidney out, but you only had indigestion. Now you have to be on dialysis for the rest of your life, your sex life is gone and your wife left you. Now you are broke, can't work and are placed on disability by the social security. Your maximum amount of recovery against the doctor is $250,000. And you are expected to live the rest of your life with that.
Let's supposed that you are an avid dancer that loves to take your wife dancing every weekend. You have back pain, and decide to go to the doctor for pain management. A neurosurgeon tells you that you have pinched nerves, but tells you that he can help you with a simple surgery. You decide to go through with the surgery, but the doctor severs a nerve in your spine that leaves you with drop foot. Now, you cannot dance and you are in constant pain. You have to wear a boot for the rest of your life and of course, no more dancing for you or your wife. The doctor gets to continue to make the same mistake to other victims, and your life, as you knew it is over. But wait, you may get $250,000 form the insurance, assuming that you find an attorney that will take your case.
Medical Malpractice law in Texas has become an obstacle for the people who really needs it the most, the injured victims. Because of false information, victims are now facing the harsh reality that, they will never be compensated for he wrongful actions of irresponsible doctors. And by the way, doctors came to Texas by the thousands when the law changed.
We have been helping injured Texans fight for their rights. Let our experts handle your case and take it to a successful recovery for you. We will continue to fight for your rights, and we will continue to try to change the law as we know it for the better of the victims.
Visit our websites: The Baez Law Firm, P.C or San Antonio Lawyer/Attorney or San Antonio Injury Trial Lawyers.
Texas law changed with proposition number 12, which created section 74 of the civil practice and remedies code. This is a very broad law that pretty much swallows a wrongful death action against any doctor or medical treatment facility for that matter. The law created the infamous "caps" on non-economical damages.
The proponents of the law, falsely accused trial attorneys of filing numerous frivolous law suits which allegedly increased the premiums on doctors, making it impossible for them to practice medicine. With that lie, the public voted for proposition number 12 and the results have been catastrophic.
A victim of a doctor's negligence is only allowed a recovery of $250,000 no matter what the injury was. In other words, lets supposed that you were a prominent entrepreneur, making millions every year, and you had a stomach pain. You go to the doctor and the doctor negligently takes your kidney out, but you only had indigestion. Now you have to be on dialysis for the rest of your life, your sex life is gone and your wife left you. Now you are broke, can't work and are placed on disability by the social security. Your maximum amount of recovery against the doctor is $250,000. And you are expected to live the rest of your life with that.
Let's supposed that you are an avid dancer that loves to take your wife dancing every weekend. You have back pain, and decide to go to the doctor for pain management. A neurosurgeon tells you that you have pinched nerves, but tells you that he can help you with a simple surgery. You decide to go through with the surgery, but the doctor severs a nerve in your spine that leaves you with drop foot. Now, you cannot dance and you are in constant pain. You have to wear a boot for the rest of your life and of course, no more dancing for you or your wife. The doctor gets to continue to make the same mistake to other victims, and your life, as you knew it is over. But wait, you may get $250,000 form the insurance, assuming that you find an attorney that will take your case.
Medical Malpractice law in Texas has become an obstacle for the people who really needs it the most, the injured victims. Because of false information, victims are now facing the harsh reality that, they will never be compensated for he wrongful actions of irresponsible doctors. And by the way, doctors came to Texas by the thousands when the law changed.
We have been helping injured Texans fight for their rights. Let our experts handle your case and take it to a successful recovery for you. We will continue to fight for your rights, and we will continue to try to change the law as we know it for the better of the victims.
Visit our websites: The Baez Law Firm, P.C or San Antonio Lawyer/Attorney or San Antonio Injury Trial Lawyers.
Wednesday, May 20, 2009
Vehicle accident, come and see us
There are important things that need to be done when it comes to handling your personal injury case. The Báez Law Firm, P.C. has handle thousands of cases and we know what it takes to succeed.
If you had an accident, please, follow the list bellow:
1) Do not admit anything, even if you think that you are at fault. Being in an automobile accident causes a great deal of immediate emotion like stress, excitement and anger, you never know what you will say.
2) Please, take some time to cool off and think about what happened to cause the accident before you make any statements to others regarding what caused the accident or who was at fault.
3) Always take the other driver's name, address, phone number, driver's license number, license plate number, name of the registered owner of the car, state of license, and insurance information.
4) Immediately, inform your Insurance company - Make a thorough accident report to your insurance company without delay.
5) If you are injured, go to the emergency room or have a physician examine you ASAP. This step is critical for your personal injury claim.
6) If possible, take photographs of the damages and injuries. Remember that the insurance company will take their own pictures.
7) Contact The Báez Law Firm, P.C.- You should be cautious of any person or insurance company who offers to adjust your injury claim or tries to hurry you into a settlement. If you are involved in an accident and have a viable claim, you should not try to handle it alone. Be sure to consult with an attorney to ensure that your interests and rights are protected.
We are here to help during this difficult time in your life. We care about your legal needs.
If you had an accident, please, follow the list bellow:
1) Do not admit anything, even if you think that you are at fault. Being in an automobile accident causes a great deal of immediate emotion like stress, excitement and anger, you never know what you will say.
2) Please, take some time to cool off and think about what happened to cause the accident before you make any statements to others regarding what caused the accident or who was at fault.
3) Always take the other driver's name, address, phone number, driver's license number, license plate number, name of the registered owner of the car, state of license, and insurance information.
4) Immediately, inform your Insurance company - Make a thorough accident report to your insurance company without delay.
5) If you are injured, go to the emergency room or have a physician examine you ASAP. This step is critical for your personal injury claim.
6) If possible, take photographs of the damages and injuries. Remember that the insurance company will take their own pictures.
7) Contact The Báez Law Firm, P.C.- You should be cautious of any person or insurance company who offers to adjust your injury claim or tries to hurry you into a settlement. If you are involved in an accident and have a viable claim, you should not try to handle it alone. Be sure to consult with an attorney to ensure that your interests and rights are protected.
We are here to help during this difficult time in your life. We care about your legal needs.
Wednesday, May 13, 2009
Would your claim be subgrogated?
In order to understand the question, first the subject has to be defined. Subrogation is the substitution (or subrogation) of one person in the place of another with respect to a claim, demand or right against a third party, so that the substituted party assumes the rights of the other, or (stands in the shoes of or replaces) the other, with respect to a claim against the third party.
The doctrine of subrogation is based on principles of equality and good conscience and is generally used as a means of placing the ultimate burden of the debt on the person who should originally have it. Subrogation may be established by law (contract) or founded upon equity (facts).
For the most part, the doctrine of subrogation has been utilized by insurance companies who are obligated under their policies to pay their insureds for property damage or casualty losses which the insureds have sustained. A person's right to be subrogated to the rights of another generally arises when that person, acting pursuant to some obligation, pays the debt of the other.
In those situations where the damages appear to have been caused by the negligence or fault of third parties, insurance companies have traditionally exercised their right of subrogation to pursue claims against the alleged wrongdoer.
Because of subrogation, the insurance companies can "stand in the shoes of" their insureds and bring suit against the wrongdoers. Because the wrongdoers who caused the injuries are the persons who should bear the burden for such injuries, insurance companies' subrogation rights have generally entitled them to recover.
Our law firm constantly get calls from individuals who should have been affected under the doctrine, but are unaware of these facts until is too late. If have been injured as a result of some one's negligence, contact our law firm for a free initial consultation.
The doctrine of subrogation is based on principles of equality and good conscience and is generally used as a means of placing the ultimate burden of the debt on the person who should originally have it. Subrogation may be established by law (contract) or founded upon equity (facts).
For the most part, the doctrine of subrogation has been utilized by insurance companies who are obligated under their policies to pay their insureds for property damage or casualty losses which the insureds have sustained. A person's right to be subrogated to the rights of another generally arises when that person, acting pursuant to some obligation, pays the debt of the other.
In those situations where the damages appear to have been caused by the negligence or fault of third parties, insurance companies have traditionally exercised their right of subrogation to pursue claims against the alleged wrongdoer.
Because of subrogation, the insurance companies can "stand in the shoes of" their insureds and bring suit against the wrongdoers. Because the wrongdoers who caused the injuries are the persons who should bear the burden for such injuries, insurance companies' subrogation rights have generally entitled them to recover.
Our law firm constantly get calls from individuals who should have been affected under the doctrine, but are unaware of these facts until is too late. If have been injured as a result of some one's negligence, contact our law firm for a free initial consultation.
Sunday, March 1, 2009
Insurance companies not paying?
If you are like me, that deals with insurance companies all the time, you will know that insurance companies are not paying on their liability like they used to. Why is that? Maybe the economy is affecting them just like any other area of the market.
Although policy holders ultimately are the ones that will pay the increase in premiums, insurance companies nevertheless are not paying on accidents as much and as fast as they used to. What used to take our law firm one month to settle it's taking over six months in today's economy.
Unfortunately, the people affected by the accidents are the ones who suffer, while the shareholders of the insurance companies are getting richer. That is our free enterprise system, the rich get richer and the injured gets caps on damages.
If you have been injured in an accident, please contact our law firm. We are trained on handling insurance companies to get you the maximum amount for your claim.
Although policy holders ultimately are the ones that will pay the increase in premiums, insurance companies nevertheless are not paying on accidents as much and as fast as they used to. What used to take our law firm one month to settle it's taking over six months in today's economy.
Unfortunately, the people affected by the accidents are the ones who suffer, while the shareholders of the insurance companies are getting richer. That is our free enterprise system, the rich get richer and the injured gets caps on damages.
If you have been injured in an accident, please contact our law firm. We are trained on handling insurance companies to get you the maximum amount for your claim.
Saturday, February 7, 2009
Have a personal injury claim?
Insurance companies are well known for trying to minimize your personal injury claims. As we see it,there are no auto, trucking or motorcycle accidents. There are wrecks and crashes resulting from bad judgments, careless mistakes and—in some case—intentional violations of the law. For every collision, there is a party who is at fault and a party who has been injured or killed.
On the other hand, a life-changing injury or a loved one's wrongful death can turn your world upside down in an instant. The insurance company is not concern that you and your family have a lot to deal with: pain, grief, confusion; and many details involving insurance, property damage and an uncertain future. That is why you should have a law firm able to handle them, so you can get back to your normal life.
The most common type of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. We can help you with all of them.
It can be tough to set a dollar amount on injuries you suffer in an accident. There are so many things to consider: doctor's bills, time lost from work, medical costs for ongoing injuries, pain and suffering, and so on. Insurance companies consider all of these factors when deciding how much to offer, and ultimately pay, for a personal injury claim.
The Baez Law Firm, P.C. is a general practice law firm that is ready to help you during difficult times. We handle accidents, criminal law, personal injury, family law, business law, consumer law, litigation, and appeals.
On the other hand, a life-changing injury or a loved one's wrongful death can turn your world upside down in an instant. The insurance company is not concern that you and your family have a lot to deal with: pain, grief, confusion; and many details involving insurance, property damage and an uncertain future. That is why you should have a law firm able to handle them, so you can get back to your normal life.
The most common type of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. We can help you with all of them.
It can be tough to set a dollar amount on injuries you suffer in an accident. There are so many things to consider: doctor's bills, time lost from work, medical costs for ongoing injuries, pain and suffering, and so on. Insurance companies consider all of these factors when deciding how much to offer, and ultimately pay, for a personal injury claim.
The Baez Law Firm, P.C. is a general practice law firm that is ready to help you during difficult times. We handle accidents, criminal law, personal injury, family law, business law, consumer law, litigation, and appeals.
Saturday, January 31, 2009
Medical bills are higher than the policy limits
Recently, we were asked about instances where the medical bill surpasses the offer or even the policy limits that applied to the person responsible for the accident. There are ways that a plaintiff can get above policy limits but it involves litigation.
The term full coverage generally means that the insurance policy has both liability coverage and coverage for damage to your vehicle. The term full coverage does not mean that everything is covered no matter what happens.
You should carry as much liability coverage as you can comfortably afford because damage claims today are sometimes settled for millions.
According to the insurance industry, State minimums don't come close to covering the cost of a serious accident. You should carry bodily-injury coverage of at least $100,000 per person, and $300,000 per accident, and property-damage coverage of $50,000, or a minimum of $300,000 on a single-limit policy.
If you have any questions, please contact us for a free initial consultation with one of our lawyers. Or visit our website.
The term full coverage generally means that the insurance policy has both liability coverage and coverage for damage to your vehicle. The term full coverage does not mean that everything is covered no matter what happens.
You should carry as much liability coverage as you can comfortably afford because damage claims today are sometimes settled for millions.
According to the insurance industry, State minimums don't come close to covering the cost of a serious accident. You should carry bodily-injury coverage of at least $100,000 per person, and $300,000 per accident, and property-damage coverage of $50,000, or a minimum of $300,000 on a single-limit policy.
If you have any questions, please contact us for a free initial consultation with one of our lawyers. Or visit our website.
Monday, December 22, 2008
Wrongful Death actions in Texas
A wrongful death has occurred when a person is killed due to the negligence or other liability of a person or entity. Surviving beneficiaries and dependents are entitled to monetary damages in instances of wrongful death.
The Texas Legislature in 1860 enacted the original Texas Wrongful Death Statute. The Wrongful Death Act has been amended, codified and recodified over the years and is now Chapter 71 of the Texas Civil Practice and Remedies Code.
The Act provides the exclusive remedy for wrongful death in Texas, compensating the decedent's spouse, parents, and children for the losses they sustained as a result of the decedent's injury and death. Tex. Civ. Prac. & Rem. Code Ann. §71.004(a).
A wrongful death action is separate and distinct from a survival action, where the individual's cause of action for injury to his health, reputation or person survives in favor of his heirs, legal representative, and estate. See Tex. Civ. Prac. & Rem. Code Ann. §71.021.
"A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or agent's or servant's wrongful act, neglect, carelessness, unskillfulness or default." Tex. Civ. Prac. & Rem. Code Ann. §71.002(b).
Suit may be brought under the Act "only if the individual injured would have been entitled to bring an action for the injury if he had lived." Tex. Civ. Prac. & Rem. Code Ann. §71.003(a). Under Texas law, plaintiffs bringing a wrongful death action are in the procedural shoes of the victim, and the defenses to victim's personal injury action are defenses to plaintiff's wrongful death claim.
The wrongful death action is subject to all the conditions to which decedent's action would have been subject had he or she only been injured.
If a defendant to a wrongful death action dies while the suit is pending, or if an individual against whom an action could be instituted dies before the suit is filed, the individual's executor or administrator may be named as defendant in his place. Tex. Civ. Prac. & Rem. Code Ann. §71.008(a).
The surviving spouse, children and parents may bring the suit. Tex. Civ. Prac. & Rem. Code Ann. §71.004(b). If named beneficiaries do not bring an action within three (3) months of the death of the injured party, the executor or administrator of the estate shall bring the action on behalf of the beneficiaries unless instructed not to do so by all the beneficiaries. Tex. Civ. Prac. & Rem. Code Ann. §71.004(c).
A wrongful death cause of action accrues at death, if it exists at all, 2 years from death.
The two-year statute of limitations is absolute from the date of death. The so-called "discovery rule" does not apply in wrongful death and survival actions.
If you have a wrongful death action, please contact our attorneys. We can help you settle the case against the wrong doers. Visit our website www.thebaezlawfirm.com or www.sanantoniopersonalinjurytriallawyers.com because "We care about your legal need."
The Texas Legislature in 1860 enacted the original Texas Wrongful Death Statute. The Wrongful Death Act has been amended, codified and recodified over the years and is now Chapter 71 of the Texas Civil Practice and Remedies Code.
The Act provides the exclusive remedy for wrongful death in Texas, compensating the decedent's spouse, parents, and children for the losses they sustained as a result of the decedent's injury and death. Tex. Civ. Prac. & Rem. Code Ann. §71.004(a).
A wrongful death action is separate and distinct from a survival action, where the individual's cause of action for injury to his health, reputation or person survives in favor of his heirs, legal representative, and estate. See Tex. Civ. Prac. & Rem. Code Ann. §71.021.
"A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or agent's or servant's wrongful act, neglect, carelessness, unskillfulness or default." Tex. Civ. Prac. & Rem. Code Ann. §71.002(b).
Suit may be brought under the Act "only if the individual injured would have been entitled to bring an action for the injury if he had lived." Tex. Civ. Prac. & Rem. Code Ann. §71.003(a). Under Texas law, plaintiffs bringing a wrongful death action are in the procedural shoes of the victim, and the defenses to victim's personal injury action are defenses to plaintiff's wrongful death claim.
The wrongful death action is subject to all the conditions to which decedent's action would have been subject had he or she only been injured.
If a defendant to a wrongful death action dies while the suit is pending, or if an individual against whom an action could be instituted dies before the suit is filed, the individual's executor or administrator may be named as defendant in his place. Tex. Civ. Prac. & Rem. Code Ann. §71.008(a).
The surviving spouse, children and parents may bring the suit. Tex. Civ. Prac. & Rem. Code Ann. §71.004(b). If named beneficiaries do not bring an action within three (3) months of the death of the injured party, the executor or administrator of the estate shall bring the action on behalf of the beneficiaries unless instructed not to do so by all the beneficiaries. Tex. Civ. Prac. & Rem. Code Ann. §71.004(c).
A wrongful death cause of action accrues at death, if it exists at all, 2 years from death.
The two-year statute of limitations is absolute from the date of death. The so-called "discovery rule" does not apply in wrongful death and survival actions.
If you have a wrongful death action, please contact our attorneys. We can help you settle the case against the wrong doers. Visit our website www.thebaezlawfirm.com or www.sanantoniopersonalinjurytriallawyers.com because "We care about your legal need."
Thursday, November 13, 2008
Causes of 18 Wheeler accidents
Over the years, our attorneys have handled trucking accidents across the State. The accidents can be caused by a number of factors. In all cases, there needs to be an investigation conducted by experienced individuals. When investigating a semi-truck accident, it is important to get the right information for the case:
Could the company be negligent in the hiring and training the driver?
Does the company have safety policies and training policies?
Could the driver have been fatigued?
Has the driver had prior accidents, speeding tickets or DUI charges?
Was the driver intoxicated or under the influence of drugs while driving?
Was the accident a result of an unsafe load, unbalanced load?
Was the truck properly maintained by the driver and or company?
Are there logbook requirements with the company?
Are the driver logs falsified?
Were defective tires or other defective equipment responsible for the accident?
Our law firm will get to the bottom of those questions, in order to obtain the best possible award for our clients. Most likely, if a heavy truck (18-wheeler, semi, tractor-trailer) crashes into a car, SUV, or motorcycle, the injuries are nearly always fatal, and the victims will suffer lifelong injuries (including paraplegia and quadriplegia), brain injuries, or even amputations.
Too often, the injured victims never recover and need substantial resources to get their lives back in order. Our goal is to cover the expenses which include compensation for medical bills, lost wages, future medical care, attendant care, job retraining, and pain and suffering.
If you or a loved one has been involved in an 18-wheeler accident, make sure you have a truck accident attorney with the experience in handling truck accident investigations and insurance claims. Visit our website: http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com/ for a free consultation on your case. This is why we say, "We Care About Your Legal Needs!"
Could the company be negligent in the hiring and training the driver?
Does the company have safety policies and training policies?
Could the driver have been fatigued?
Has the driver had prior accidents, speeding tickets or DUI charges?
Was the driver intoxicated or under the influence of drugs while driving?
Was the accident a result of an unsafe load, unbalanced load?
Was the truck properly maintained by the driver and or company?
Are there logbook requirements with the company?
Are the driver logs falsified?
Were defective tires or other defective equipment responsible for the accident?
Our law firm will get to the bottom of those questions, in order to obtain the best possible award for our clients. Most likely, if a heavy truck (18-wheeler, semi, tractor-trailer) crashes into a car, SUV, or motorcycle, the injuries are nearly always fatal, and the victims will suffer lifelong injuries (including paraplegia and quadriplegia), brain injuries, or even amputations.
Too often, the injured victims never recover and need substantial resources to get their lives back in order. Our goal is to cover the expenses which include compensation for medical bills, lost wages, future medical care, attendant care, job retraining, and pain and suffering.
If you or a loved one has been involved in an 18-wheeler accident, make sure you have a truck accident attorney with the experience in handling truck accident investigations and insurance claims. Visit our website: http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com/ for a free consultation on your case. This is why we say, "We Care About Your Legal Needs!"
Wednesday, November 12, 2008
Surviving a car accident
Even the best defensive driving classes and split-second decisions may not prevent you from becoming the victim of a life-threatening auto accident, but like the Mercedes Benz commercial says " you need to be ready in case it happens." According to the U.S. Census Bureau, the annual number of fatal collisions hovers around 40 thousand. As a driver, you should continually educate yourself and exhibit attentiveness and self-control on the roadways so you're more prepared to survive an auto accident.
We have collected information helpful for you, the driver, in order to survive a car collision, if it ever happens.
Step 1: Ready yourself mentally before you get on the road. Since you'll generally have little time to contemplate a course of action when faced with an oncoming collision, it is important to remain focused at all times. Turn off your cell phone, put away your hairbrush and turn down your radio. Be mindfully present when you're driving--not distracted.
Step2: Have your mechanic test and service your restraint and safety systems on an annual basis. Airbags and seat belts save countless lives each year, but only if they are in proper working order. If you purchase a used car, have the integrity of the safety systems evaluated before you begin to drive the car regularly.
Step3: Service your brakes, tires, transmission and suspension systems according to dealer recommendations, and sooner if you suspect a problem. Your car will only react as well as its systems are maintained. Driving with worn brake pads and bald tires may cause an accident to become serious, or even fatal.
Step4: Remain upright, gripping the steering wheel tightly at 10 and 2 o'clock and bracing yourself for a collision. Do not allow your body to go limp, as you need increased muscle tone and rigidity to protect your organs, spinal discs and skeletal system. It is better to suffer from sore muscles than a ruptured spleen or spinal fracture following an accident.
Step5: Get out of the vehicle and move away from the area if you can walk on your own. If you begin to smell smoke or see flames, run away from the car immediately to avoid an explosion. Your ability to survive may depend on your speed in extricating yourself from the vehicle and the accident scene.
Step6: Bail out of your vehicle immediately if it is headed toward or floating in a body of water. Once an automobile sinks below the water's surface, the doors and windows become nearly impossible to open due to the intense water pressure. If your door is stuck shut, kick out a window to exit the vehicle.
Step7: Resist the urge to duck toward the steering wheel before a collision. Upon impact, your head may strike the wheel and render you unconscious. In addition, if your vehicle is equipped with airbags, you could sustain serious burns from the airbag explosive or other damage due to the airbag's facial impact.
Step8: Sit at least 10 inches away from the steering wheel if your vehicle is equipped with an airbag. If you're seated closer, the airbag could break your ribs, or cause lung damage or other serious internal conditions. If you are too short to reach the pedals without moving the seat forward, purchase pedal extenders.
Step9: Adjust your headrest so it sits just above your ears. If your headrest is too low, you could incur serious or fatal cervical damage when your head impacts the rest.
Step10: Wear your seatbelt properly. Do not put the chest harness behind your back, as wearing only your lap belt subjects the spine to serious trauma upon collision impact.
This steps will help you prevent an accident; however, if you are involved in one, then please contact our law firm for help. Visit our website: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free case evaluation.
We have collected information helpful for you, the driver, in order to survive a car collision, if it ever happens.
Step 1: Ready yourself mentally before you get on the road. Since you'll generally have little time to contemplate a course of action when faced with an oncoming collision, it is important to remain focused at all times. Turn off your cell phone, put away your hairbrush and turn down your radio. Be mindfully present when you're driving--not distracted.
Step2: Have your mechanic test and service your restraint and safety systems on an annual basis. Airbags and seat belts save countless lives each year, but only if they are in proper working order. If you purchase a used car, have the integrity of the safety systems evaluated before you begin to drive the car regularly.
Step3: Service your brakes, tires, transmission and suspension systems according to dealer recommendations, and sooner if you suspect a problem. Your car will only react as well as its systems are maintained. Driving with worn brake pads and bald tires may cause an accident to become serious, or even fatal.
Step4: Remain upright, gripping the steering wheel tightly at 10 and 2 o'clock and bracing yourself for a collision. Do not allow your body to go limp, as you need increased muscle tone and rigidity to protect your organs, spinal discs and skeletal system. It is better to suffer from sore muscles than a ruptured spleen or spinal fracture following an accident.
Step5: Get out of the vehicle and move away from the area if you can walk on your own. If you begin to smell smoke or see flames, run away from the car immediately to avoid an explosion. Your ability to survive may depend on your speed in extricating yourself from the vehicle and the accident scene.
Step6: Bail out of your vehicle immediately if it is headed toward or floating in a body of water. Once an automobile sinks below the water's surface, the doors and windows become nearly impossible to open due to the intense water pressure. If your door is stuck shut, kick out a window to exit the vehicle.
Step7: Resist the urge to duck toward the steering wheel before a collision. Upon impact, your head may strike the wheel and render you unconscious. In addition, if your vehicle is equipped with airbags, you could sustain serious burns from the airbag explosive or other damage due to the airbag's facial impact.
Step8: Sit at least 10 inches away from the steering wheel if your vehicle is equipped with an airbag. If you're seated closer, the airbag could break your ribs, or cause lung damage or other serious internal conditions. If you are too short to reach the pedals without moving the seat forward, purchase pedal extenders.
Step9: Adjust your headrest so it sits just above your ears. If your headrest is too low, you could incur serious or fatal cervical damage when your head impacts the rest.
Step10: Wear your seatbelt properly. Do not put the chest harness behind your back, as wearing only your lap belt subjects the spine to serious trauma upon collision impact.
This steps will help you prevent an accident; however, if you are involved in one, then please contact our law firm for help. Visit our website: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free case evaluation.
Thursday, November 6, 2008
Insurance law and terminology for the state of Texas
In the state of Texas, the law mandates minimum automobile liability insurance coverage for automobiles registered in the state. This includes property damages and personal injury coverage, which we will now discuss. Depending on the terms of the individual policy, liability insurance typically covers the cost of property damage, including the cost of repair or replacement for any property damaged as the result of an accident (property damage). Liability insurance also pays medical bills and lost wages as a result of bodily injuries incurred in an accident (personal injury).
Texas law requires that each car registered in the state have a minimum of $20,000 in insurance coverage for one person injured in an accident, and a minimum of $40,000 for all persons injured in an accident. These are considered (policy limits). In addition, Texas requires a minimum $15,000 in coverage for property damage.
Conversely, Texas law does not mandates coverage of policies, when you are involved in an accident with an uninsured, underinsured, or hit-and-run driver. The rationale is that every car, according to the law, should have its own coverage, hence, why have it. Such coverage typically pays medical bills and lost wages for you and your passengers, in a case where you cannot collect these damages from the driver at fault for the accident, and we highly encourage each consumer to get it.
Insurance companies are allowed to offer Texas drivers a choice between purchasing auto insurance for the traditional fixed installment at an annual rate, and the more innovative cents-per-mile rate. On the other hand, under the traditional system a car owner purchases insurance at an annual rate irrespective of the frequency with which the owner uses the car, under the cent-per-mile system, an owner pays for coverage only for those miles driven. Consult with your insurance company to see what type they offer to you.
Texas designed this system to make compulsory insurance more affordable, thereby reducing the incidence of illegally uninsured motorist. A cents-per-mile rate works in this way: An insurance company assigns your car to one of its rate groups according to your zip code, car use and type, driver type, and other information about your household. Your car might be put into a group paying $500 a year.
When the insurance company determins that the average miles a year for cars in your group was 10,000, the alternative mile rate for your group would be 5.0 cents a mile. If you chose the mile rate instead of the annual rate, you might initially buy 2,500 miles for $100 (= 5.0¢/mi. x 2,500 mi.) plus a nominal expense fee. The insurer would add these miles to your car's current odometer reading to determine the mileage at which coverage would end. Before you drive all these miles, you would have to buy more miles to remain legally insured.
The insurer may wish to purchase additional insurance coverage beyond compulsory insurance. In many cases, the owner of an automobile, may be held personally liable for any damages in excess of the insurance coverage. Purchasing additional coverage could protect your personal assets in case of a suit.
The following are the basic terminology used by insurance companies used when dealing with aditional insurance coverage. Basic Reparations or Medical Payments Coverage, Collision Coverage, and Comprehensive Coverage. Basic Reparations Coverage covers bodily injury and medical expenses of an at-fault driver who does not have medical insurance. Collision coverage pays for damages incurred by the at-fault driver in accidents involving collision. Finally, Comprehensive Coverage pays for damage to a vehicle not caused by collision, including damages caused by theft, vandalism, flood, fire, and explosion.
If you have been injured as a result of an accident, please contact our firm so that we can explain to you your legal rights. We specialize in any type of accident, including but not limited to auto, truck, airplane, boat, motorcycle, car, bus, rollovers, roof crush injuries, death, brain injury, multiple trauma, broken bones, fatal injuries and more. Please call us (210) 979-9777 or visit our website http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com so that we can set you up a free initial consultation with our attorneys. We are The Baez Law Firm, and "we care about your legal needs!"
Texas law requires that each car registered in the state have a minimum of $20,000 in insurance coverage for one person injured in an accident, and a minimum of $40,000 for all persons injured in an accident. These are considered (policy limits). In addition, Texas requires a minimum $15,000 in coverage for property damage.
Conversely, Texas law does not mandates coverage of policies, when you are involved in an accident with an uninsured, underinsured, or hit-and-run driver. The rationale is that every car, according to the law, should have its own coverage, hence, why have it. Such coverage typically pays medical bills and lost wages for you and your passengers, in a case where you cannot collect these damages from the driver at fault for the accident, and we highly encourage each consumer to get it.
Insurance companies are allowed to offer Texas drivers a choice between purchasing auto insurance for the traditional fixed installment at an annual rate, and the more innovative cents-per-mile rate. On the other hand, under the traditional system a car owner purchases insurance at an annual rate irrespective of the frequency with which the owner uses the car, under the cent-per-mile system, an owner pays for coverage only for those miles driven. Consult with your insurance company to see what type they offer to you.
Texas designed this system to make compulsory insurance more affordable, thereby reducing the incidence of illegally uninsured motorist. A cents-per-mile rate works in this way: An insurance company assigns your car to one of its rate groups according to your zip code, car use and type, driver type, and other information about your household. Your car might be put into a group paying $500 a year.
When the insurance company determins that the average miles a year for cars in your group was 10,000, the alternative mile rate for your group would be 5.0 cents a mile. If you chose the mile rate instead of the annual rate, you might initially buy 2,500 miles for $100 (= 5.0¢/mi. x 2,500 mi.) plus a nominal expense fee. The insurer would add these miles to your car's current odometer reading to determine the mileage at which coverage would end. Before you drive all these miles, you would have to buy more miles to remain legally insured.
The insurer may wish to purchase additional insurance coverage beyond compulsory insurance. In many cases, the owner of an automobile, may be held personally liable for any damages in excess of the insurance coverage. Purchasing additional coverage could protect your personal assets in case of a suit.
The following are the basic terminology used by insurance companies used when dealing with aditional insurance coverage. Basic Reparations or Medical Payments Coverage, Collision Coverage, and Comprehensive Coverage. Basic Reparations Coverage covers bodily injury and medical expenses of an at-fault driver who does not have medical insurance. Collision coverage pays for damages incurred by the at-fault driver in accidents involving collision. Finally, Comprehensive Coverage pays for damage to a vehicle not caused by collision, including damages caused by theft, vandalism, flood, fire, and explosion.
If you have been injured as a result of an accident, please contact our firm so that we can explain to you your legal rights. We specialize in any type of accident, including but not limited to auto, truck, airplane, boat, motorcycle, car, bus, rollovers, roof crush injuries, death, brain injury, multiple trauma, broken bones, fatal injuries and more. Please call us (210) 979-9777 or visit our website http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com so that we can set you up a free initial consultation with our attorneys. We are The Baez Law Firm, and "we care about your legal needs!"
Saturday, October 25, 2008
What is a personal injury case, and how we handle them?
Normally, personal injury cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. However, in Texas, the term "comparative negligence" or shared responsibility can be an issue to be resolved during a case, that may determine whether you have a personal injury case. There are two ways that personal injury cases can become handled; first, through civil court proceedings (or lawsuits) that seek to find others legally at fault through a court judgment or; second, such disputes may be resolved through informal settlement (or negotiations) before any lawsuit is filled. In Texas, the latter is the most common way of handling a personal injury case.
Lawsuits, in a personal injury case, typically start when a private individual (the plaintiff) files a civil complaint against another person, business, corporation, or government agency (the defendant), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is commonly known as "the filing of a lawsuit."
Negotiations are usually among those personally involved in the accident, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money and a release of liability.
Usually, personal injury cases involve some type of injury as well as property damage. Our law firm handles both aspect of your case. The personal injury aspect of it, may show in different forms. From neck pain, back pain, shoulder pain, leg pain, spasms, contusions, pinch nerves, whiplash, and soft tissue injury, to broken bones, broken neck, amputations, lacerations, eye injury, multiple fractures, impaled objects, roof crush injuries, tire blowouts, car ejections, brain injury, severe trauma, and death.
If you have been a victim of an accident, and have a personal injury case, please contact The Baez Law Firm, P.C. so that an experienced attorney can handle your case . Visit our website http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com so that we can start helping you on your case. Our principal office is located in San Antonio Texas, but we can handle your case anywhere in Texas.
It is important to know that before you meet with our attorneys for the first time after you've been injured, collect any documents you have relating to your accident and injury and place them in a folder or large envelope. Here's a list of some of the documents and other pertinent information to take with you to our lawyers, if applicable to your case.
Name and address of any ambulance service you may have used;
Name and address of any emergency room where you were initially taken;
Dates you were admitted to the emergency room and the hospital;
Names and business address of all doctors who have examined you;
Names and addresses of any chiropractors you may have consulted;
Names of all people who were involved in the accident;
Names and addresses of witnesses to the accident;
Dates you missed work because of the accident;
Name and telephone number of each insurance adjuster you have talked to;
List of people you have talked to about the accident or your injuries.
The following documents will help our attorneys handle your case better:
Accident report, or case number as given to you by the police;
Copies of any written statements;
Your automobile insurance policy if you were injured in a car accident along with the declarations page or coverage certificate that sets forth what kinds of coverage you have purchased and what the policy limits are;
Your home owner's or renter's policy, along with the declarations page or coverage certificate;
Medical or disability insurance policy or coverage certificate;
Other policies, including medical, hospitalization, veterans insurance;
All correspondence you have received from any insurer about the accident or your injuries;
Medical bills.
Again, our law firm is willing and able to help your case come to an end, either through litigation (lawsuit) or by negotiations. Let a team of experts handle your case, so that you can focus on doing what you do best. Contact us, and you will see how we put our knowledge to work for your advantage. Call our main office
(210) 979-9777 or visit our website. You will see why we say, "we care about your legal needs!"
Lawsuits, in a personal injury case, typically start when a private individual (the plaintiff) files a civil complaint against another person, business, corporation, or government agency (the defendant), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is commonly known as "the filing of a lawsuit."
Negotiations are usually among those personally involved in the accident, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money and a release of liability.
Usually, personal injury cases involve some type of injury as well as property damage. Our law firm handles both aspect of your case. The personal injury aspect of it, may show in different forms. From neck pain, back pain, shoulder pain, leg pain, spasms, contusions, pinch nerves, whiplash, and soft tissue injury, to broken bones, broken neck, amputations, lacerations, eye injury, multiple fractures, impaled objects, roof crush injuries, tire blowouts, car ejections, brain injury, severe trauma, and death.
If you have been a victim of an accident, and have a personal injury case, please contact The Baez Law Firm, P.C. so that an experienced attorney can handle your case . Visit our website http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com so that we can start helping you on your case. Our principal office is located in San Antonio Texas, but we can handle your case anywhere in Texas.
It is important to know that before you meet with our attorneys for the first time after you've been injured, collect any documents you have relating to your accident and injury and place them in a folder or large envelope. Here's a list of some of the documents and other pertinent information to take with you to our lawyers, if applicable to your case.
Name and address of any ambulance service you may have used;
Name and address of any emergency room where you were initially taken;
Dates you were admitted to the emergency room and the hospital;
Names and business address of all doctors who have examined you;
Names and addresses of any chiropractors you may have consulted;
Names of all people who were involved in the accident;
Names and addresses of witnesses to the accident;
Dates you missed work because of the accident;
Name and telephone number of each insurance adjuster you have talked to;
List of people you have talked to about the accident or your injuries.
The following documents will help our attorneys handle your case better:
Accident report, or case number as given to you by the police;
Copies of any written statements;
Your automobile insurance policy if you were injured in a car accident along with the declarations page or coverage certificate that sets forth what kinds of coverage you have purchased and what the policy limits are;
Your home owner's or renter's policy, along with the declarations page or coverage certificate;
Medical or disability insurance policy or coverage certificate;
Other policies, including medical, hospitalization, veterans insurance;
All correspondence you have received from any insurer about the accident or your injuries;
Medical bills.
Again, our law firm is willing and able to help your case come to an end, either through litigation (lawsuit) or by negotiations. Let a team of experts handle your case, so that you can focus on doing what you do best. Contact us, and you will see how we put our knowledge to work for your advantage. Call our main office
(210) 979-9777 or visit our website. You will see why we say, "we care about your legal needs!"
Thursday, September 25, 2008
Abuse of authority by police
According to the bible, everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Romans 13:1. However, what happens when people in power abuse that authority? From this abuse of authority, comes the infamous "police brutality."
Police brutality is a term used to describe any excessive and unnecessary physical force, assault, or battery used by law enforcement officials when dealing with the public. Section 42 of The United States Code states that "... any person working under the authority of a state law enforcement body who violates the civil rights of individuals in the U.S. is liable to pay for any damages they cause."
Police agencies have been given a new way to express their aggressions towards the public, without the fear of killing so many, or so they thought. The invention of the taser has created a new way for the police to over power the public, and the use of taser is increasing in alarming numbers.
The name Taser is an acronym for "Thomas A. Swift’s Electric Rifle". Arizona inventor Jack Cover designed it in 1969; naming it for the science fiction teenage inventor and adventurer character Tom Swift.
Modern taser-type weapons fire small dart-like electrodes with attached metal wires that connect to the gun, propelled by small gas charges similar to some air rifle propellants. The maximum range is up to 10 meters (30 feet). Earlier models of Taser needed the dart-like electrodes to embed in the skin and superficial muscle tissues layers; newer versions of the projectiles use a shaped pulse/arc of electricity which disrupt nerve and muscle function without needing the metal prongs on the projectile to penetrate the skin. Early models had difficulty in penetrating thick clothing, but the ‘pulse’ models are designed to bring down a subject wearing up to a Level III body armor vest.
There are some widely known cases of police brutality, but there are thousands more that never receive nationwide media attention. Any time a police officer abuses his or her authority and inflicts undue suffering on any person it is an affront to not only the victim of the pain, but to society as a whole.
Our latest client was so proud that he was going to fix his son’s car, that he decided to go to a 24 hour auto part store, in retrospect, this was a mistake. He was eventually tased several times and he had to be hospitalized because he developed a fatal cardiac condition, atrial fibrillation. From a proud moment to shameful and fatal consequences, his case is one of thousands that teaches us a lesson: the people we depend on to protect us from criminal aggressors should never become the aggressors themselves.
If you or some one you know has been a victim of police brutality, please contact The Baez Law Firm, P.C. We have experienced police brutality lawyers that will handle your case with respect and dignity. Please contact us at our websites: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com http://www.baezlaw.com or call us at (210) 979-9777 for a free initial consultation.
Police brutality is a term used to describe any excessive and unnecessary physical force, assault, or battery used by law enforcement officials when dealing with the public. Section 42 of The United States Code states that "... any person working under the authority of a state law enforcement body who violates the civil rights of individuals in the U.S. is liable to pay for any damages they cause."
Police agencies have been given a new way to express their aggressions towards the public, without the fear of killing so many, or so they thought. The invention of the taser has created a new way for the police to over power the public, and the use of taser is increasing in alarming numbers.
The name Taser is an acronym for "Thomas A. Swift’s Electric Rifle". Arizona inventor Jack Cover designed it in 1969; naming it for the science fiction teenage inventor and adventurer character Tom Swift.
Modern taser-type weapons fire small dart-like electrodes with attached metal wires that connect to the gun, propelled by small gas charges similar to some air rifle propellants. The maximum range is up to 10 meters (30 feet). Earlier models of Taser needed the dart-like electrodes to embed in the skin and superficial muscle tissues layers; newer versions of the projectiles use a shaped pulse/arc of electricity which disrupt nerve and muscle function without needing the metal prongs on the projectile to penetrate the skin. Early models had difficulty in penetrating thick clothing, but the ‘pulse’ models are designed to bring down a subject wearing up to a Level III body armor vest.
There are some widely known cases of police brutality, but there are thousands more that never receive nationwide media attention. Any time a police officer abuses his or her authority and inflicts undue suffering on any person it is an affront to not only the victim of the pain, but to society as a whole.
Our latest client was so proud that he was going to fix his son’s car, that he decided to go to a 24 hour auto part store, in retrospect, this was a mistake. He was eventually tased several times and he had to be hospitalized because he developed a fatal cardiac condition, atrial fibrillation. From a proud moment to shameful and fatal consequences, his case is one of thousands that teaches us a lesson: the people we depend on to protect us from criminal aggressors should never become the aggressors themselves.
If you or some one you know has been a victim of police brutality, please contact The Baez Law Firm, P.C. We have experienced police brutality lawyers that will handle your case with respect and dignity. Please contact us at our websites: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com http://www.baezlaw.com or call us at (210) 979-9777 for a free initial consultation.
Sunday, August 31, 2008
Truck Accidents
Truck accident litigation involves claims against negligent truck drivers and the trucking companies who hire them. Under Federal law as well as Texas law, a driver of a large truck is considered to have an even greater standard of care than other drivers, because of the injuries that their large trucks can cause. Truck drivers break federal laws by driving while fatigued, in excess of the amount of hours they are allowed to drive, at an excessive speed, with overloaded or over sized trucks, and improperly maintained trucks.
Collisions caused by a truck’s failure, faulty inspection and maintenance, or a truck driver’s negligence, can lead to catastrophic injuries.When you put something that heavy on our roads at speeds topping 60 miles an hour, you get a potentially very dangerous situation, with a massive motor vehicle that can run over almost anything in its path. If you add the growing problem of driver fatigue and truck drivers’ being under constant pressure to move cargo – there can be deadly consequences.
Today, with the ever-changing advancements in technology, there is a lot we can learn from analyzing every detailed involved in an accident. Our attorneys and experts use the following information tools to properly help our client's case, truck maintenance records, driving records, driving log books, driver employee records, drug test results, on board computer (black box) data, Department of Transportation data.
Once our investigation of the trucking accident is complete, we head into settlement negotiations or to trial with evidence on our side. Our attorneys know how to prepare and win cases. Our truck accident lawyers work on a contingent fee basis, which means that there is never a fee that you have to pay unless we successfully resolve your truck accident case.
To recover the cost of medical bills, lost wages, and emotional trauma, truck accident victims should contact an experienced truck accident lawyer as soon as possible. Our lawyers swiftly consult experts such as accident reconstruction experts to gather facts and begin a thorough and far-reaching investigation. Our truck accident attorneys speak with and take depositions from eye-witnesses and company employees.
If you, or some one you know have been injured by a truck accident, please contact The Báez Law Firm, P.C at (210) 979-9777 or visit our websites: http://www.thebaezlawfirm.com http://www.baezlaw.com http://www.sanantoniopersonalinjurytriallawyers.com or http://www.thebaezlawfirm.com/car_and_truck_accident_victims.html for a free initial consultation about your case. That is why we say "We care about your legal needs."
Collisions caused by a truck’s failure, faulty inspection and maintenance, or a truck driver’s negligence, can lead to catastrophic injuries.When you put something that heavy on our roads at speeds topping 60 miles an hour, you get a potentially very dangerous situation, with a massive motor vehicle that can run over almost anything in its path. If you add the growing problem of driver fatigue and truck drivers’ being under constant pressure to move cargo – there can be deadly consequences.
Today, with the ever-changing advancements in technology, there is a lot we can learn from analyzing every detailed involved in an accident. Our attorneys and experts use the following information tools to properly help our client's case, truck maintenance records, driving records, driving log books, driver employee records, drug test results, on board computer (black box) data, Department of Transportation data.
Once our investigation of the trucking accident is complete, we head into settlement negotiations or to trial with evidence on our side. Our attorneys know how to prepare and win cases. Our truck accident lawyers work on a contingent fee basis, which means that there is never a fee that you have to pay unless we successfully resolve your truck accident case.
To recover the cost of medical bills, lost wages, and emotional trauma, truck accident victims should contact an experienced truck accident lawyer as soon as possible. Our lawyers swiftly consult experts such as accident reconstruction experts to gather facts and begin a thorough and far-reaching investigation. Our truck accident attorneys speak with and take depositions from eye-witnesses and company employees.
If you, or some one you know have been injured by a truck accident, please contact The Báez Law Firm, P.C at (210) 979-9777 or visit our websites: http://www.thebaezlawfirm.com http://www.baezlaw.com http://www.sanantoniopersonalinjurytriallawyers.com or http://www.thebaezlawfirm.com/car_and_truck_accident_victims.html for a free initial consultation about your case. That is why we say "We care about your legal needs."
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About Me
- The Báez Law Firm, P.C.
- San Antonio, Texas, United States
- Find Personal Injury Trial Lawyers that will treat you with dignity and respect. The Baez Law Firm, P.C. is dedicated to help those less fortunate. Our San Antonio Lawyers also handle family law, criminal defense, business law, immigration, social security disability, patent law, trade marks and much more. We are professionals that care about your legal needs. Our motto is simple: “Minimizing Legal Worries!”℠ Visit us at http://www.thebaezlawfirm.com or call us (210) 979-9777. Have a blessed day!
