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.

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.

Would your claim be subgrogated?

In order to understand the question, first the subject has to be defined. Subrogation is the substitution (or subrogation) of one person in the place of another with respect to a claim, demand or right against a third party, so that the substituted party assumes the rights of the other, or (stands in the shoes of or replaces) the other, with respect to a claim against the third party.

The doctrine of subrogation is based on principles of equality and good conscience and is generally used as a means of placing the ultimate burden of the debt on the person who should originally have it. Subrogation may be established by law (contract) or founded upon equity (facts).

For the most part, the doctrine of subrogation has been utilized by insurance companies who are obligated under their policies to pay their insureds for property damage or casualty losses which the insureds have sustained. A person's right to be subrogated to the rights of another generally arises when that person, acting pursuant to some obligation, pays the debt of the other.

In those situations where the damages appear to have been caused by the negligence or fault of third parties, insurance companies have traditionally exercised their right of subrogation to pursue claims against the alleged wrongdoer.

Because of subrogation, the insurance companies can "stand in the shoes of" their insureds and bring suit against the wrongdoers. Because the wrongdoers who caused the injuries are the persons who should bear the burden for such injuries, insurance companies' subrogation rights have generally entitled them to recover.

Our law firm constantly get calls from individuals who should have been affected under the doctrine, but are unaware of these facts until is too late. If have been injured as a result of some one's negligence, contact our law firm for a free initial consultation.

Our attorneys are ranked superb

The Baez Law Firm, P.C. provides legal representation throughout Texas. We represent victims of car accident, personal injury, wrongful death, medical malpractice, car wreck, premises liability and other areas of law.

Our website include: The Baez Law Firm, P.C., Personal Injury Trial Lawyers, Personal Injury Blog, General Practice Blog, Trial Lawyers Blog.

We appear in LawGuru and AVVO. Our lead attorney, Edgar Baez has been rated superb by AVVO.

With this blog, we congratulate Mr. Baez for such wonderful accomplishment. Your dedication to the legal profession is evident by how other people view your professionalism and contributions to the legal community.

We are very proud, and that is why we say "we care about your legal needs."

Raptiva and the FDA

Yesterday, the FDA announced the voluntary withdrawal of Raptiva from the US Market by its manufacturer Genentech. According to the FDA, there have been three confirmed and one possible case of Progressive Multifocal Leukoencephalopathy (PML) in people taking Raptiva; three of those people died.

Sources tell us that PML is caused by a virus that affects the central nervous system. PML usually occurs in people whose immune systems have been severely weakened. It leads to an irreversible decline in neurologic function and death.

If you have taken Raptiva for more than three years, you may be entitled to compensation. If you have suffered form PML symptoms, which may include unusual weakness, loss of coordination, changes in vision, difficulty speaking, and personality changes, you may be entitled to compensation.

There is no known effective treatment for PML. Raptiva was approved by the FDA in 2003. It is a once-weekly injection for adults with moderate to severe plaque psoriasis. The drug has been on the market for 6 years.

Contact The Baez Law Firm, P.C., so that we can go over your case.

Are US vehicles still safe?

With so many bailouts by our government to auto manufactures, one cannot help but wonder, if the vehicles that are been produced are safe for the consumers in general. The government is bailing out the industry, but who would bail out the consumers?

According to the associated press, GM and Chrysler, which employ about 140,000 workers in the U.S., have to submit completed restructuring plans, but neither company is expected to finish its work. GM owes roughly $28 billion to bondholders. Chrysler owes about $7 billion in first- and second-term debt, mainly to banks. GM owes about $20 billion to its retiree health care trust, while Chrysler owes $10.6 billion.

With all of these crisis, who is monitoring the automakers products? How many lives are going to be at risk? Nevertheless, its a good thing that our law firm can help the families of those that have been damage, could be damaged, and will be damage by the poor quality of vehicles placed on the market by the automakers.

The Baez Law Firm, P.C. is committed to help those who have suffered from some one's negligence, either by manufacturing or simply by lack of safety standards implemented.

If you, or some one you love has suffered by the negligence of others, please contact our law firm today. Our attorneys are here to help you during this difficult times.

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.