Texas Dram Shop Liability

Many individuals have been injured as a result of alcohol consumption in Texas. Many people don't know that, the person that served them the alcohol, could be liable to them for the injuries suffered. This is called "Dram Shop" laws.

This law allows individuals to bring civil action against a person(s) who serves, sells, or provides alcohol to someone who is visibly intoxicated to the extent that such person presents a clear and obvious danger to self or others.

All the injured party has to do is prove that the intoxicated person was served alcohol after being obviously intoxicated, and the intoxication was the proximate cause of the damage incurred. In other words, the bartender knew you were drunk, but kept on serving you. The Texas Dram Shop Act was passed in 1987 and extended in April 1993.

The Act allows the intoxicated person to sue for damages. There are some obsticles that the injured person has to overcome. Mainly, the Comparative Responsibility Act, which applies to the dram shop laws. This Act holds that the intoxicated person can recover damages, but only if the establishment is more responsible, than the individual, for the individual’s intoxication.

Our lawyers have been sucessful in helping Texans recover against the bars, clubs or other establishments, for Dram Shop liability. If you believe that you were a victim of negligence, please call us at (210) 979-9777.

Why are personal injury lawyers so passionate about their work?

When most people see an auto accident, or witness an assault or battery or have a injury as a result of an event, they see blood, they hear pain, they see the injury. Personal Injury Lawyers see duty, breach, proximate cause, and damages. They instill this words on us in law school.

But, that is not why we are passionate about what we do. For the most part, is not the fact that we may collect on our client's injury. Is the fact that, we try to bring life back to normal for our clients and their families as much as we can. If personal injury lawyers would not take on difficult cases for our clients, our clients would never have the opportunity to get back to a normal life.

Many people that come to us have seen first hand the techniques that insurance companies use in order to protect their interest. They attempt to make the injured person feel like its their fault, and not their clients who caused the injury. Many times the adjusters for the insurance companies try to make friends with the injured person, just to have the statute of limitations period run.

You are not in "good hands" or protected from "mayhem's" if you are the injured person. When you are injured as a result of some one's negligence, you need a personal injury lawyer on your side.

Our Law Firm has been helping injured victims when insurance companies have tried to minimize their claims. If you have been a victim of a vehicle accident, or if you have severe injuries, broken bones, lacerations, scars or even know of someone who was wrongfully killed, you need a personal injury lawyer.

If you have been a victim of a vehicle accident, a medical malpt\ractice, a wrongful death, a battery, and assault and have suffered severe injuries, give us a call. Our San Antonio Lawyers are here for you. That is why we say, "we care about your legal needs."

Victim of a drunk driver?

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

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

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

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

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

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

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.

Why do we need experts witnesses

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

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

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

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

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

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

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.

What not to do if you have a personal injury case

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

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

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

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

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

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