In general, injuries to the neck caused by a sudden movement of the head, backward, forward, or sideways, is referred to as whiplash. Whether from a car accident, sports, or an accident at work, whiplash or other neck injuries warrant a thorough chiropractic check-up.
one of the biggest dangers with whiplash injuries is that the symptoms can take years to develop. Too often people don't seek treatment until more serious complications develop. Even after whiplash victims settle their insurance claims, some 45% report they still suffer with symptoms two years later. Our lawyers will help you maximize your recovery for soft tissue injuries.
According to the experts, whiplash is most commonly caused by a motor vehicle accident in which the car the person is riding in is not moving, and is struck from a vehicle from behind without notice. It is commonly thought the rear impact causes the head and neck to be forced into hyperextension as the seat pushes the person's torso forward - and the unrestrained head and neck fall backwards. After a short delay the head and neck then recover and are thrown into a hyperflexed position.
Most insurance companies will downplay the fact that you may have suffered from what they call soft tissue injury, which includes whiplash. As such, you need a team of attorneys capable of dealing with insurance companies and their allies. You need The Baez Law Firm, P.C. on your side.
The Baez Law Firm, P.C. is here for you, and that is why we say, "We care about your legal needs!" Come visit us and you will know the difference from the moment you walk through our doors.
The Baez Law Firm, P.C. handles wrongful death, medical malpractice, personal injuries, nursing home negligence, and many other areas of personal injury law.
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
Wednesday, December 24, 2008
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, December 18, 2008
Merry Christmas to all of you!!!
From The Baez Law Firm, P.C. to all Texas law firms, lawyers, judges, legal assistant, and court personnel, we are wishing you a very Merry Christmas. With this, we just wanted to share something uplifting during this season.
According to the bible, the historic record of the birth of Christ can be found in Matthew 1:18-25 and Luke 2:1-20.Unlike any other baby, the one born that night in Bethlehem was unique in all of history. He was not created by a human father and mother. He had a heavenly pre-existence (John 1:1-3, 14). He is God, the Son—Creator of the universe (Philippians 2:5-11). This is why Christmas is called the incarnation, a word which means “in the flesh.” In the birth of Jesus, the eternal, all-powerful and all-knowing Creator came to earth in the flesh.
Why would God do such a thing? Why would he come as a baby, instead of appearing in power and majesty? Why make himself a true man and live among us, when he knew full well how terribly he would be treated?
It was LOVE! It was necessary, if you are to be saved!
Share the good news that Christ still alive in your heart, and celebrate with your love ones the true meaning of Christmas. May God bless the Texas legal system, its attorneys and may God bless the USA.
According to the bible, the historic record of the birth of Christ can be found in Matthew 1:18-25 and Luke 2:1-20.Unlike any other baby, the one born that night in Bethlehem was unique in all of history. He was not created by a human father and mother. He had a heavenly pre-existence (John 1:1-3, 14). He is God, the Son—Creator of the universe (Philippians 2:5-11). This is why Christmas is called the incarnation, a word which means “in the flesh.” In the birth of Jesus, the eternal, all-powerful and all-knowing Creator came to earth in the flesh.
Why would God do such a thing? Why would he come as a baby, instead of appearing in power and majesty? Why make himself a true man and live among us, when he knew full well how terribly he would be treated?
It was LOVE! It was necessary, if you are to be saved!
Share the good news that Christ still alive in your heart, and celebrate with your love ones the true meaning of Christmas. May God bless the Texas legal system, its attorneys and may God bless the USA.
Tuesday, December 16, 2008
Insurance Coverage Matters
For the most part, before an attorney gets started in filing a claim, the availability and the total amount of insurance coverage will be a major factor in deciding whether the claim can go forward. Typical insurance issues people with serious injuries face are: 1) no insurance coverage (Uninsured motorists), 2) insufficient insurance coverage (underinsured Driver), or 3) Denial of claims, Bad Faith/Tough/Difficult Insurance Companies.
Our law firm The Baez Law Firm, P.C. specializes in providing our clients with the best representation through Texas in relation to car accidents. Our firm will handle your claim from beginning to end. Now, a further explanation of policies are in order.
1) Uninsured Driver. In many cases the driver who is legally responsible for the accident has absolutely no insurance of any kind. In these circumstances it is usually extremely difficult for a person who is injured in the crash to get anything close to appropriate compensation. If the injuries are catastrophic or fatal an attorney will hire an investigator to look for other parties responsible- other insurance "umbrella" policies, related homeowners owners or family members, companies etc but they often come up empty and the the injured person has no way to recover any damages. Because there are so many uninsured drivers you should always buy "uninsured motorist coverage" under your own auto insurance policy.
2) Underinsured Driver. In the event of a very serious injury or death the majority of drivers will have inadequate insurance coverage, usually the minimum required by state law often only around $20,000. This often means that the worst drivers carry the least insurance because they cannot afford the high premiums resulting from their poor driving records. You should always purchase underinsured motorist coverage if it is offered, so in the event you are injured by a another driver without proper insurance you can collect against your own insurance company.
3) Insurance Denial of Claims and Bad Faith. In order to save money insurance companies will often stretch and use imaginative arguments to deny claims. Sometimes these claims denials or defenses are so beyond being reasonable that they amount to what is called legal bad faith- when an insurance company improper fights a legitimate claims or denies one. In most cases these matters are handled through litigation in the courts.
If you have been injured in an accident, contact our law firm for a free initial consultation with one of our attorneys.
Statute of Limitations in Personal Injury Cases
After being in a car accident an injured person should hire an attorney and begin the legal process as soon as possible. Waiting will usually weaken a potential claim through loss of evidence, loss of fresh memories and disorganized paperwork and medical records and the inability of the attorney to direct the process. Waiting too long may result in the case being completely barred by the statute of limitations of the state where the accident took place.
Our law firm The Baez Law Firm, P.C. specializes in providing our clients with the best representation through Texas in relation to car accidents. Our firm will handle your claim from beginning to end. Now, a further explanation of policies are in order.
1) Uninsured Driver. In many cases the driver who is legally responsible for the accident has absolutely no insurance of any kind. In these circumstances it is usually extremely difficult for a person who is injured in the crash to get anything close to appropriate compensation. If the injuries are catastrophic or fatal an attorney will hire an investigator to look for other parties responsible- other insurance "umbrella" policies, related homeowners owners or family members, companies etc but they often come up empty and the the injured person has no way to recover any damages. Because there are so many uninsured drivers you should always buy "uninsured motorist coverage" under your own auto insurance policy.
2) Underinsured Driver. In the event of a very serious injury or death the majority of drivers will have inadequate insurance coverage, usually the minimum required by state law often only around $20,000. This often means that the worst drivers carry the least insurance because they cannot afford the high premiums resulting from their poor driving records. You should always purchase underinsured motorist coverage if it is offered, so in the event you are injured by a another driver without proper insurance you can collect against your own insurance company.
3) Insurance Denial of Claims and Bad Faith. In order to save money insurance companies will often stretch and use imaginative arguments to deny claims. Sometimes these claims denials or defenses are so beyond being reasonable that they amount to what is called legal bad faith- when an insurance company improper fights a legitimate claims or denies one. In most cases these matters are handled through litigation in the courts.
If you have been injured in an accident, contact our law firm for a free initial consultation with one of our attorneys.
Statute of Limitations in Personal Injury Cases
After being in a car accident an injured person should hire an attorney and begin the legal process as soon as possible. Waiting will usually weaken a potential claim through loss of evidence, loss of fresh memories and disorganized paperwork and medical records and the inability of the attorney to direct the process. Waiting too long may result in the case being completely barred by the statute of limitations of the state where the accident took place.
Wednesday, December 3, 2008
Auto accident and its injuries
Brain injuries are more common in side impact car accidents than in rear end auto accidents. Brain damage in a car accident is often related to the quick acceleration and deceleration of the brain, which causes injury to the point of impact and its opposite point or cont recoup. Diagnosis of a brain injury may be difficult. The Baez Law Firm, P.C. handle brain injury cases as a result of a car accident and all types of personal injury cases.
Concussions are associated with traumatic brain injury as are seizures, headaches, dizziness, lack of concentration, memory loss, depression or anxiety, spinal cord injury. CT scans and MRI scans are often used to diagnosis brain injury. Neck injuries vary from whiplash, one of the most common and annoying injuries caused by car accidents, to disk injuries. Our doctors will treat you promptly and efficiently with the most up to date technology.
Whiplash is an injury frequently associated with rear end impacts. Whiplash injures the soft tissues made up of nerves, ligaments and muscles. It causes neck pain and limitation of neck and head movement effecting rotation and peripheral vision. It may be temporary or permanent and can effect all aspects of life. If whiplash lasts for more than a few days after a car accident physicians will prescribe medications and often refer patients to physical therapists or chiropractors for rehabilitative therapy.
Our focused practice allows the firm to advocate in its clients’ best interests and attempt to win them the money they deserve through settlement or litigation. The Baez Law Firm, P.C. has obtained millions of dollars in results over the years. Now, prior results do not guarantee a similar outcome, and cost and disbursements remain the client’s responsibility. We are ready to help.
The Baez Law Firm, P.C. is so committed to its Texas auto accident law practice that most all of its cases are accepted on a contingent fee basis, which means that there are no attorney’s fees unless you get a recovery! If you cannot come to one of the Baez Law Firm's case intake locations, we can come to you at your home or hospital!
The Baez Law Firm, P.C. focuses on car accidents and crashes, resulting in injuries, and wrongful death. The Baez Law Firm, P.C. handles Texas auto accident and car crashes that involve motorcycle accident, truck accident, bicycle accident, and pedestrian accident cases across the state of Texas. If you’ve been hurt in a car, call The Baez Law Firm, P.C.
Concussions are associated with traumatic brain injury as are seizures, headaches, dizziness, lack of concentration, memory loss, depression or anxiety, spinal cord injury. CT scans and MRI scans are often used to diagnosis brain injury. Neck injuries vary from whiplash, one of the most common and annoying injuries caused by car accidents, to disk injuries. Our doctors will treat you promptly and efficiently with the most up to date technology.
Whiplash is an injury frequently associated with rear end impacts. Whiplash injures the soft tissues made up of nerves, ligaments and muscles. It causes neck pain and limitation of neck and head movement effecting rotation and peripheral vision. It may be temporary or permanent and can effect all aspects of life. If whiplash lasts for more than a few days after a car accident physicians will prescribe medications and often refer patients to physical therapists or chiropractors for rehabilitative therapy.
Our focused practice allows the firm to advocate in its clients’ best interests and attempt to win them the money they deserve through settlement or litigation. The Baez Law Firm, P.C. has obtained millions of dollars in results over the years. Now, prior results do not guarantee a similar outcome, and cost and disbursements remain the client’s responsibility. We are ready to help.
The Baez Law Firm, P.C. is so committed to its Texas auto accident law practice that most all of its cases are accepted on a contingent fee basis, which means that there are no attorney’s fees unless you get a recovery! If you cannot come to one of the Baez Law Firm's case intake locations, we can come to you at your home or hospital!
The Baez Law Firm, P.C. focuses on car accidents and crashes, resulting in injuries, and wrongful death. The Baez Law Firm, P.C. handles Texas auto accident and car crashes that involve motorcycle accident, truck accident, bicycle accident, and pedestrian accident cases across the state of Texas. If you’ve been hurt in a car, call The Baez Law Firm, P.C.
Saturday, November 15, 2008
Word from our sponsors!
USANA Health Sciences formulates exceptional, science-based nutritional and personal-care products. However, inferior manufacturing can destroy even the greatest product formulations. For this reason, USANA manufactures its own nutritional supplements, and voluntarily meets pharmaceutical Good Manufacturing Practices (GMP).
Pharmaceutical GMP standards are far more stringent than the food GMP requirements set by the U.S. government for supplements. To adhere to the exacting standards of pharmaceutical GMP, and to ensure the quality of every product manufactured, USANA inspects all raw ingredients before they are mixed, tests the product during manufacturing, and performs a final analysis before any product is sent to the customer.
USANA's Quality Assurance team keeps track of every detail, from careful testing and evaluation of raw materials, to meticulous product shipping and storage. Visitors to USANA's corporate headquarters can take a self-guided tour to see USANA's manufacturing process firsthand.
Watch this online presentation HOME BUSINESS OPPORTUNITY. There is no obligation, and it can change your life! Be part of the new Trillion Dollar Industry with USANA. Be Wealthy, Receive Residual Income, Retire Early, Enjoy Life! All possible with USANA.
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Pharmaceutical GMP standards are far more stringent than the food GMP requirements set by the U.S. government for supplements. To adhere to the exacting standards of pharmaceutical GMP, and to ensure the quality of every product manufactured, USANA inspects all raw ingredients before they are mixed, tests the product during manufacturing, and performs a final analysis before any product is sent to the customer.
USANA's Quality Assurance team keeps track of every detail, from careful testing and evaluation of raw materials, to meticulous product shipping and storage. Visitors to USANA's corporate headquarters can take a self-guided tour to see USANA's manufacturing process firsthand.
Watch this online presentation HOME BUSINESS OPPORTUNITY. There is no obligation, and it can change your life! Be part of the new Trillion Dollar Industry with USANA. Be Wealthy, Receive Residual Income, Retire Early, Enjoy Life! All possible with USANA.
Please visit our website http://www.karolynas.com or http://www.karolynas.usana.com
Friday, November 14, 2008
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.
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.
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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!
