Injuries from an accident need to be treated!

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

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

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

We represent the injured person all the way to trial

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.

Personal Injury Trial Lawyers

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

What to do if you have an accident

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

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

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

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

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

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

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

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

Why do you need damages?

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

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

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

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

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

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

Accidents after rain

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

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

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

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

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.

Should you contact a lawyer?

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

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

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

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

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

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

I read an article once that said: "No, but it is advisable." In law school, they teach you that only a fool has him/her self for a client, and the same goes for personal injury cases. Although insurance companies will often try to settle the claim without the involvement of lawyers, we recommend that you consult a lawyer before finalizing an agreement if you have any questions about whether you are getting a fair or proper settlement.

In the case of a serious injury, you should always consult a lawyer as soon as possible if you believe the injury was caused by some one's negligence. Most likely the insurance company for that other party will investigate immediately, but it helps keep the playing field level if you have a lawyer or a law firm to represent your interests and protect any important evidence.

If you have been injured by another person's negligence, please call us (210) 979-9777 or visit our website www.thebaezlawfirm.com for a free initial consultation.

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."