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.

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.

The deadly rollover accidents

Every year, Americans are being killed and gravely injured in rollover accidents because of the auto industry's greed, dishonesty and callous disregard for the safety of consumers. For the most part, the auto industry could reduce the rates of death, but refuse to do so because of cost.

In many cases, passengers in sport utility vehicles and fifteen passenger vans are three times more likely than car occupants to die in a rollover. Their risk of being paralyzed is also greatly increased. Yet, manufactures continue to produce the same unsafe vehicles day in and day out.

Although manufacturers know how to make safe vehicles, some auto executives have cut corners and lied about their actions in order to make more money and reduce cost to the behest of the public. People are being killed and maimed as a result.

Whether your case involves a multiple vehicle collision or a single car rollover, your family should retain a personal injury attorney as soon as possible if your loved one has been killed.

Sometimes insurance companies will attempt to settle wrongful death cases shortly after an accident for short money. DO NOT LET THIS HAPPEN TO YOU! Insurance adjusters and claims representatives are there to save their companies money. They have their legal team, and so should you. You need to have an experienced, honest and professional law firm working for you.

You Need The Baez Law Firm, P.C. Come see us, and you will know the difference from the moment that you walk through our doors. This is why we say, "we care about your legal needs!"

Wrongful death in police brutality cases

During our time helping people in Texas litigate their disputes against the police departments, we have found that, in many instances, police brutality leads to wrongful death of the victims. In these cases, there may be criminal charges involved but also, there are civil liabilities that attach with the wrongful actions of the police departments.

To handle a wrongful death case against the police department, a violation of constitutional law (by the department itself) has to happen; otherwise, the individual cop would be personally liable for the actions, which would create the criminal liability spoken off above, but would leave the family members stranded without compensation.

Our law firm has successfully litigated numerous cases against police departments, including wrongful death cases. We are here to help the little people against the big gigants, that no one else is helping.

When you contact us, your case would be personally reviewed by Mr. Baez and would be handled with respect and dignity by our staff. Although many other attorneys will see the case through, if needed, Mr. Baez will take your case to trial. See what others are saying about Mr. Baez here.

We are San Antonio litigation attorneys that care about your legal needs.

Boating accident or injury, come see us

Summer time has officially started in Texas. As such, many people will take out their summer gear, including their boats. However, not all of the individuals are aware of Texas law, regarding boating accidents.

In it pertinent parts, the law states: "Operators of vessels involved in any collision, accident or other casualty resulting in death or injury to any person or property damage exceeding $500 must file a full accident report within 30 days in accordance with Texas Parks and Wildlife Department regulations. Failure to file a report is punishable as a Parks and Wildlife Class C misdemeanor. Accident reports filed by the operator(s) are confidential and not admissible as evidence in court. Report forms may be obtained from Texas Parks and Wildlife officers, marine safety enforcement officers, or game wardens." This part covers the reporting requirements.

Moreover, the law states: "the operator of any vessel involved in a boating accident must stop and render needed assistance unless such action would endanger his crew, passengers or his own vessel. The operator must give his/her name, address, and vessel identification number in writing to any injured person and to the owner of any damaged property. Failure to render aid in an accident resulting in death or serious bodily injury is punishable as a Parks and Wildlife felony. Failure to render aid in an accident not resulting in death or serious bodily injury is punishable as a Parks and Wildlife Class A misdemeanor."

Finally, the law states:"It is unlawful to operate while intoxicated. (Intoxication is defined as the loss of mental or physical faculties, or blood alcohol content of 0.08 or greater). A first conviction is punishable by a fine not to exceed $2,000, confinement in jail not to exceed 180 days, or by both. A second conviction is punishable by a fine not to exceed $4,000, confinement in jail not to exceed one year, or by both. A third conviction is punishable by a fine not to exceed $10,000, imprisonment in jail for not more than 10 years or less than 2 years. Failure to submit a specimen to determine blood alcohol content may result in the suspension of the operator’s driver's license."

Texans need to be aware of the laws that governs boating and adhere to those laws, so that every one can have a more enjoyable summer.

If you have been injured as a result of some one's negligence, The Báez Law Firm, P.C. is here for you. We are a general practice law firm that cares about your legal needs. We handle personal injury, family law, business law, criminal law, bankruptcy, litigation, appeals and many more.

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.

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."

How much for a personal injury lawyer?

Attorney fees in cases of serious injury or wrongful death are generally based on a “contingency fee basis”. This means that the attorney is only paid if (enphasis aded) there is a recovery, and the fees are set as a percentage of the recovery made. If there is no recovery, you owe no attorney fees at all.

On the other hand, when attorneys charge for their time by the hour, their bills can quickly add up and be beyond the budget of most people. Although the insurance industry and corporations can have dozens of attorneys “on the clock”, that isn’t possible for the rest of us.

Fortunately, consumers have a way to level the playing field. Under a contingency fee contract, attorney fees are generally between 33.3% and 40%, but there is nothing sacred about these numbers. In more complicated and difficult cases or in cases that require significant expenses, the percentages may be higher. Talk to your lawyer about your contingency fee.

You should expect that a contingent fee agreement will be in writing, and in Texas, they are in fact required. Make certain that you understand this agreement. Ask questions. You should expect to be provided a copy of the agreement for your records. How expenses will be paid is an important part of the agreement. Cases for serious injury or death can require sizable expenditures, tens and sometimes hundreds of thousands of dollars. Ask what kinds of expenses the attorney considers essential to prepare your case and maximize your recovery.

Routine costs in lawsuits can include charges for filing fees, process servers, facsimile charges, couriers, express mail, Federal Express, UPS, copying of medical and other records, deposition reporter's fees and transcripts, experts' and consultants fees, telephone toll charges, in office copying, postage, attorney's travel by car, parking, overnight hotel and meals, focus groups, trial exhibits, computer research, mediation fees, jury fees and investigators' fees and many others.

The most significant expenses in cases are for experts who hired to explain what the defendant did wrong, medical details related to the death or injury, and future expenses or losses that have resulted. Fo this you need doctors, engineers, life care planners, and economists. In most cases, attorneys with contingent fee agreements will advance the expenses on a case, and then deduct them from the settlement when the case is resolved. Although it is difficult to estimate the expenses of a case in advance, ask for a general estimate of what those costs will be.

Although no attorney can guarantee what the outcome of a given case will be, that does not prevent the attorney from promising to use his/her best efforts on your behalf. The "right attorney" is never unwilling to make this commitment to his/her client and to put that commitment in writing.

If you have been injured by someone's negligence, and you have substantial medical expenses, please contact our law firm. Our experts will help you through this diffucult time and will try to get you back to whole again. Visit our website http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com/ and schedule your free initial consultation with one of our lawyers.