Why does the police in Texas uses excesive force?

In Texas, the law allows a great deal of discretion to police officers simply because it has to. The concept of "qualify immunity" is a very powerful one. Since, officers deal with great danger on daily basis, the law allows them to use discretion when dealing with situations; however, many officers take this authority to a different level. The use of excessive force.

Public officials acting within the scope of their official duties are shielded from civil liability by the doctrine of qualified immunity. Harlow v. Fitzgerald, 457 U.S. 800, 815-19 (1982). Qualified immunity “serves to shield a governmental official from civil liability for damages based upon performance of discretionary functions if the official’s acts were objectively reasonable in light of then clearly established law.” Thompson v. Upshur County, Tex., 245 F3d 447, 456 (5th Cir. 2001).

A “defendant’s acts are objectively reasonable unless all reasonable officials in the defendant’s circumstances would have then known that the defendant’s conduct violated the United States Constitution or the federal statute as alleged by the plaintiff.”

This creates an atmosphere of panic to the public, when officers can enter your house, shoot your child, and make all kinds of wrongful acts, knowing that they are mostly protected. That is why officers may use excessive force.

When you (or some one you love) are faced with acts done by police that are excessive, such as shootings, killings, broken bones, bleeding and others, contact our law firm.

Although the use of force by police is permitted in Texas, the use of "excessive force" or police brutality is not!Give us a call (210) 979-9777.

Serious injuries, come and see us

Our San Antonio Lawyers have been helping people in Bexar County when they suffer serious injuries as a result of some one's negligence. Auto Accidents are the main culprit, but also injuries caused by doctors, police officers and others.

The Baez Law Firm helps victims of car accidents, even when the victims don't have health insurance. Our lawyers will negotiate your settlement, and if needed, will go to trial for you. Let us help you with your case, do not do it alone.

Our Personal Injury Lawyers help victims of medical malpractice in Texas. The law is very rigit, and our lawyers know how to litigate a case under the new law. Give us a call (210) 979-9777 to set up a free initial consultation.

We have helped victims of police brutality in Texas successfully. If you have been a victim of police brutality in Texas, you need a law firm that is able to handle the police "qualify immunity" issues that could end your case. Let us fight for your rights in court.

Was your loved one shot and killed by police in Texas?

Our Law Firm represents numerous families in Texas with regards to police brutality cases. Although the law protects the police, our firm has been able to overcome the obstacles in "excessive force" litigation and successfully bring justice for the families of the victims.

Public officials acting within the scope of their official duties are shielded from civil liability by the doctrine of qualified immunity. Harlow v. Fitzgerald, 457 U.S. 800, 815-19 (1982). Qualified immunity “serves to shield a governmental official from civil liability for damages based upon performance of discretionary functions if the official’s acts were objectively reasonable in light of then clearly established law.” Thompson v. Upshur County, Tex., 245 F3d 447, 456 (5th Cir. 2001).

This is the law in Texas, and it makes it almost impossible to sue a cop; however, our San Antonio Lawyers have been successful in bringing this cases in several Federal District Courts.

If your loved one was shot and killed by the police in Texas, give us a call.

Go out and vote today!!!

Our democracy allow us to exercise our rights as citizens to elect the people we believe should lead us. Many people complaint about the choices made, yet, many don't vote.

We encourage every citizen of Bexar County to go out and vote. This is the only way that your voice can be heard.

As many of you have been faced with the devastating results that proposition 12 has had on injuries, when people don't vote, the results are horrible. Its time to talk to our elected officials and tell them, enough is enough.

Many injured victims have suffered. Please, go out and vote today! Tort reform needs to be reformed so that the injured can be compensated again. As we have seen in the past years, when the injured cannot get justice, is time to change so that compensation can level the playing field.

Again, please, go out and vote today!!!

Things to remember during this Halloween

The Baez Law Firm, P.C. will like to wish everyone a happy and safe Halloween this year. Please, be advise that there are numerous irresponsible drivers that would drink and drive, without thinking of the consequences nor the damages that they can cause.

Parents, please inspect your children candies before you allow them to eat them. Some criminals still use Halloween as a means to express their wickedness. Be safe!

Children, when crossing the streets, please look both ways. Always have a reflective best or light to show the drivers that someone is there. There are many dark places in San Antonio, and a light would need to be used.

Please, let's make this year one that we can be proud of and say, there were no accidents nor fatalities in San Antonio.

Injuries from an accident need to be treated!

Our law firm has been helping the injured in San Antonio even when no health insurance is available. We are able to help you with injuries from an auto accident immediately.

The most important thing after an auto accident is medical treatment. Our San Antonio lawyers can get you the medical help that you deserve after an auto accident.

If you have been injured as a result of an auto accident, come see us or give us a call (210) 979-9777. We care about your legal needs!

We represent the injured person all the way to trial

In Texas, health care liability claims, and in most personal injury claims, medical expenses related to the care and treatment of an injured person often constitute a significant portion of the damages that might be recovered at trial. Recoverable medical expenses were addressed in the 2003 tort reform legislation. The new statute, Section 41.0105 of the Texas Civil Practice and Remedies Code, changes the way in which courts and juries are to evaluate this element of damages.

Since the change of the legislation of paid v. incurred, insurance companies have been paying less money for personal injury claims. This is so because the new legislation allows them to only paid on what was "actually paid" on behalf of an insured not what was "incurred" during an accident.

But what does that mean? It means that if two people have the same accident, but one has insurance and the other one does not, the person without insurance will have a greater chance to recover more money than the person that does. What? So, in Texas, if you do the right thing and have insurance, you are been penalized? Exactly.

Our lawyers have been faced with this dilemma for our clients for a while now. We have opted to take those cases that leave our clients without funds in their pockets to trial. In that way, the juries have the potential to hear what was incurred on behalf of the client.

For decades, the collateral source rule would bar insurance companies from bringing forth what was actually paid, now because of this legislation, the insurance companies that are supposed to paid the injured person are the one's benefiting from this law. Until the law is changed, our San Antonio lawyers will be fighting in court for the rights of our injured clients.