Judgment for $1.3 million

The Baez Law Firm from San Antonio Texas, obtained a trial judgment Friday, June 29, 2012 against Skyco Inc. an equipment company from Florida. The judgment was obtained based on Skyco's misrepresentations fraud and deceptive practices here in Texas.

The judgment was awarded to Pannel Construction Co. a Texas company that purchased equipment from Skyco. Pannel Construction is one of many clients of the firm, that we have help recover damages for their injuries here in Texas.

When any company does business over the internet in Texas, they can be held liable to a Texas jury for any damages  that they may cause to either an individual or a company in Texas. This is called availing themselves to a Texas forum. If you thing that a company is doing you or your business wrong, give us a call.

We represent people, businesses and others in Texas on multiple issues including litigation and trial, appeals, and many more. If you are in need of business representation, or have litigation issues, give us a call. If your company has been damaged, give us a call.

We have been selected as Super Lawyers by our peers because of our success and commitment to our clients and their cases.

Out of State companies doing businesses in Texas, either over the internet or mail, and make misrepresentation to a Texas company or individual, and a contract is entered into, those out of State companies will be held liable in Texas for their wrongs.

Congratulations to Pannel Construction Co. for the judgment obtained yesterday against Skyco. It has been a long process but it had its rewards. We have been honored to have represented you during this entire litigation. This is why we say, "we care about your legal needs!"

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.

San Antonio Lawyers and Attorneys

The Baez Law Firm has San Antonio Lawyers and Attorneys helping the legal needs of our community. We do this, because we care about people's legal needs. Our staff members make a difference, and our San Antonio Attorneys will fight for your rights.

We handle not only personal injury, but other areas of law. In the area of personal injury, we have created an accident tool that can help you, in the event of an accident in San Antonio. Our lawyers are here to help you step by step, in the event of an injury as a result of negligence.

We have partner in the area of family law in San Antonio and in Texas, with Cheap Texas Divorce. When people cannot afford an attorney but need a divorce in Texas, Cheap Texas Divorce is the solution for a Texas Divorce. Although we handle divorces, many people cannot afford to pay thousands of dollars for a divorce, but they can afford Cheap Texas Divorce.

When you need a criminal defense lawyer in San Antonio, you need us! We have successfully helped numerous defendants present their cases in court. We handle DWI defense, drug charges, assault and battery, murder, or any felonies and misdemeanors in all courts in Texas. When you need aggressive legal representation for your criminal case, we are here to help.

Regardless of your legal need in San Antonio, when you need a lawyer or attorney in San Antonio, you can count on The Baez Law Firm. Come and see us, and you will see the difference. We have payment plans to help any budget. Do not go to court in San Antonio alone. Have your own legal team helping you.

When you need a Super Lawyer in Antonio, you need The Baez Law Firm.