An example of a personal injury case would be if a reckless driver hits you at an intersection. A doctor administering the wrong dosage of a medicine, or neglecting to provide proper treatment is another. Manufacturers and designers can be held liable if they make a product that is overly dangerous with reasonable use. To make sure you have a solid personal injury case, you should always consult a qualified lawyer.

If you decide to file a personal injury lawsuit, you are the plaintiff, and the other side becomes the defendant. Lawyers for both sides will then have the “discovery.” They’ll ask everyone involved questions (take depositions) gather pertinent facts, and exchange information on the case. At the end of this process, there will either be a settlement, or the case will go to court. The settlement means that the defendant agrees to compensate the plaintiff without going to trial, allowing them to not fully admit any wrongdoing, and avoiding the cost and time of a trial. Essentially, you would be accepting compensation in return for dropping the case and not holding the defendant liable in the future.

If no settlement agreement can be reached, the case goes to trial. Personal injury cases are tried in civil court, not criminal court, since it is assumed there was no intent to injure. Any court case can take time, so be patient with scheduling, etc. At court, it will be decided who is responsible or “liable” for the accident or injury.

A decision in your favor results in the judge and/or jury “awarding” you money for “damages.” This is to compensate you for lost wages, medical bills, pain and suffering (both physical and mental) and for any disfigurement or disability the injury caused. The compensation can come in a lump sum or in a structured settlement that is paid over a set period of time. Jail time for the defendant is not an option; remember this is a civil, not criminal, matter.

Finding a good lawyer is important to your process. While your insurance company may provide you with a lawyer, you should always look for yourself. Find out from friends, family, or research someone who has a good reputation and reasonable fees. All lawyers have to pass their state bar exam, and while not required; they can complete a personal injury specialty certificate through the American Bar Association.

There are several ways for lawyers to take payment. Some are paid on a contingency basis, meaning they are paid only upon winning your case. There are also hourly rates, flat fees, and retainers. Many law firms will talk with you about your case the first visit for no charge.

A physical or mental injury can cause numerous problems for you and your family. If you are involved in a significant accident or feel you have been a victim of negligence, you should consult a lawyer to find out if you need to file a personal injury lawsuit. Please do not take this lightly, there are lots frivolous suits that only serve to increase fees and take up the precious time of our nation’s courts. But if you need help, there are many honest, reliable lawyers out there that will guide you through the process and get you the compensation you need.

What To Do If You Get In A Car Accident by Stewart Guss
Houston Car Accident Attorney

It’s an unfortunate fact – everyone in Houston is likely to get into a car wreck sooner or later. Do you know what to do after the crash? (And I’m not talking the stock market here!) A car crash, no matter how big or small, is a scary and serious event. You have important legal rights pursuant to the law, but its YOUR responsibility to protect those rights.

FIRST: Stay calm! After any accident you are going to have loads of adrenaline dumped into your bloodstream. This is what is responsible for the “fight or flight” feeling you may get. Just remember, we are not cave men. We cannot flee the scene and we’re certainly not going to fight!

SECOND: Check for injuries. Check yourself and then check on the other occupants of your vehicle. If there is ANY chance that anyone may be injured, you should immediately call 911 and request an ambulance. There may be a life or death situation, so please don’t take any chances. If it is safe to do so, you may check to see if the occupants in the other car are injured, but NEVER SPEAK WITH THEM ABOUT THE FACTS OF THE COLLISION. NEVER! EVER!

THIRD: Protect yourself, other drivers, and the accident scene. I always recommend people carry a safety triangle in the trunk of their car. Following a collision, if you have a safety device or signal, you should place it an appropriate distance from the collision in order to warn other drivers. You should do this ONLY if it is safe for you to do so. (Running out in the middle of the Northwest Freeway to put up a plastic safety triangle would fall under the heading of “REALLY bad idea!”)

FOURTH: Call the police. Depending on how busy they are, it may take them a while to respond, especially if no one is seriously injured. Be patient. Many officers who respond to traffic accidents are trained accident investigators. In protecting your rights it is extremely important to have an impartial police officer prepare a report. Always remember to be extremely polite and cooperative with the police. Their jobs are extremely difficult and often thankless. Remember: NEVER admit fault to the police. Simply tell them what happened, answer their questions, and cooperate with their requests. They will assist you in exchanging information with the other driver.

FIFTH: Get proper medical attention. I graduated from law school, but I didn’t attend medical school. I’ll bet most of you didn’t either. Remember that serious injuries don’t always result in immediate pain or bleeding. If you need an ambulance – use it. If not, you may later need to drive to an emergency room or to your doctor’s office. Don’t take chances with your health.

SIXTH: (You knew this was coming, right?) If you have any questions or concerns about your legal rights, consult with an attorney. Most people don’t know what their legal rights are after an accident, nor do they know how to enforce those rights. An honest and knowledgeable attorney is your best ally in protecting yourself in the unfortunate (and almost unavoidable) event of a car wreck. Remember, this article doesn’t act as specific legal advice. I’m just giving some general tips here.

You can protect yourself before an accident by driving safely, driving defensively and always wearing a seat belt. You can protect yourself after an accident by following these tips above.

About the Author

Written by the owner of http://attorneyguss.com/

This article can be reproduced in whole or in part, providing this byline is included along with a followable link to http://attorneyguss.com/

A “Donald Trump” Primer on Employment Law in Texas

One of the most common calls I receive in my office are calls involving employment situations.

On a weekly basis I’ll get a call from someone who was fired regarding their situation. The call invariably ends with the question, “Can they fire me for that?”

About nine times out of ten, the answer is “yes.”

Texas is essentially an “employment at will” state. Basically this means that, unless you have an employment contract, you can be fired or you can quit at any time, for any reason, or for no reason at all. Say the boss doesn’t like your shoes? She can fire you.

Say you don’t like the tie the boss is wearing? You can quit. As with everything else in the law, however, there are always exceptions. For instance, the Texas Supreme Court has ruled that you cannot be fired for refusing to perform an illegal act. If you refuse to dump that fifty-five gallon barrel of toxic waste into Lake Conroe, your job is still secure!

Also, you cannot be fired for discrimination based on your age. Federal law makes it illegal to discriminate against anyone on the basis of age if they are over 39. And yes, in case you are wondering, it is a bit depressing to realize that this law applies to me now!

Here’s an interesting question: Can you be fired for refusing to take a drug test?

Here’s a very lawyer like answer: Probably.

Remember, private employers can fire you for any reason or for no reason at all. If your employer can fire you because they don’t like your shoes, they will likely have the right to fire you for your refusal to take a drug test. There are some exceptions to this rule, but they tend to involve public employers. (But honestly, do we really want intoxicated mail carriers wandering our streets?)

Okay, forget the drug test. Can you be fired for refusing to take a lie detector test? This is actually one of those exceptions I mentioned earlier. Federal law actually prohibits an employer from asking an employee or prospective employee to take a lie detector test. It is also illegal to refuse to hire or to fire someone for refusing to take the test. There are some exceptions to this rule that involve an employer’s ongoing investigation regarding economic loss or theft. But hey, what fun would the law be if there weren’t exceptions to the exceptions? What do we do when laws appear to contradict one another?

I recently had a call from someone who was fired for simply stating their opinion about a matter at work. They called me, very upset, and felt that their constitutional right to free speech was violated. I ended up giving them a good news / bad news answer. The good news is that you do have a constitutionally protected right to free speech. The U.S. Government cannot restrict your right to express yourself. The bad news is that your employer can fire you for expressing yourself at work. The First Amendment to the Constitution protects you from the government’s attempt to restrict what you say, but it does not affect your employer’s right to fire you for saying it. Besides, the guy ordering his pizza from you probably isn’t all that interested in your opinion on the Iraq war anyway!

About the Author

Written by the owner of http://attorneyguss.com/ This article can be reproduced in whole or in part, providing this byline is included along with a followable link to http://attorneyguss.com/

No, I’m not talking about the stock market lately. Rather, I am talking about what to do after you trip or slip, fall, and are injured. While watching someone slip on a banana peel may be very funny in an old fashioned comedy, its no fun to go through this painful ordeal yourself.

Sometimes we trip because we aren’t paying attention, but sometimes a slip or trip can be caused by the negligence of the person or entity in charge of the area where the fall takes place. There are many factors that can go into the question of who is at fault, but there are several steps you can and should take to preserve your rights.

FIRST: Stay calm! After any incident like this you are going to have loads of adrenaline dumped into your bloodstream. This is what is responsible for the “fight or flight” feeling you may get. That same adrenaline may make you feel scared or shaken up, so be sure to take a few moments to compose yourself.

SECOND: Check for injuries. That same adrenaline that may cause a panic may also make you feel like you can just get up and walk away. Its natural after an embarrassing fall to want to simply disappear. You should, however, take a moment to make sure you are okay. If you feel you are seriously injured, do not hesitate to call for medical attention.

THIRD: Report and document the incident. If you are with someone, send them for help. If you are by yourself and cannot move, try to signal someone for help. If you are at a commercial or retail establishment, be sure to report the incident to he person in charge. Make sure to get their name and number, and note the date and time of day. If you have a cell phone with a camera, try to take a picture of the area where you fell and what it was that caused the fall.

FOURTH: Get proper medical attention. I graduated from law school, but I didn’t attend medical school. I’ll bet most of you didn’t either. Remember that serious injuries don’t always result in immediate pain or bleeding. If you need an ambulance – use it. If not, you may later need to drive to an emergency room or to your doctor’s office. Don’t take chances with your health.

FIFTH: (You knew this was coming, right?) If you have any questions or concerns about your legal rights, consult with an attorney. Most people don’t know what their legal rights are after an incident like this, nor do they know how to enforce those rights. An honest and knowledgeable attorney is your best ally in protecting yourself in the unfortunate event you are injured after a fall. While there isn’t much we can do about the falling Dow Jones, you may have rights after other types of falls!

About the Author

Written by Stewart Guss (attorney at law) the owner of http://attorneyguss.com/ This article can be reproduced in whole or in part, providing this byline is included along with a followable link to http://attorneyguss.com/

Luckily, I am blessed with independent parents who are in excellent health. My father is turning 70 this July and my mother is only a few years behind (sorry to blow your secret, mom!) While they could both stand to lose a little weight and get a bit more active, they still get around well and certainly don’t need my help to make their way in the world. Sadly, of course, time is one race we all lose. Hopefully I won’t have to worry about care for my parents for many, many years. This topic comes to mind, however, as I have had several cases come into my firm lately related to abuse and neglect at elder care facilities.

If you come to a point where you are unable to provide care for a loved one at home, you will be faced with some difficult decisions. The fact is, most nursing homes are run and staffed by compassionate and caring individuals. With some effort and homework, you should be able to find a facility where the odds of abuse, neglect or dangerous conditions can be minimized.

A good first step in the process is to obtain several recommendations from the physician providing care to your loved one. You can also ask friends and family members if they have suggestions. You should plan on getting at least three or four names of conveniently located facilities, and plan on visiting each one. When you visit, make sure to make an appointment to visit with the Administrator or the Director of Nursing. Come prepared with a list of written questions. Take careful note of the demeanor of the person you are interviewing. Are they providing direct and clear answers, or do they appear to be hedging or avoiding questions? Are their answers inconsistent with what you have observed on your visit?

On your visit, use all your senses. How does the facility look? Does it appear clean? How does it smell? Do the residents appear well cared for? Are the kitchen facilities (if any) clean? Do the staff seem interested and energetic?

Be sure to ask to see the most recent state survey report. All nursing homes are inspected and surveyed by the state annually. The report will cite deficiencies in detail and will also list facility efforts to correct problems. Be careful if there are excessive deficiencies or if it appears that the facility is not taking adequate steps to address the cited issues. Also ask to see any complaints which have been filed against the facility in the last year, as well as documentation of the facility’s response. Also always ask for complete explanations of the facility’s policies in regard to chemical or physical restraint. See if these policies are available in writing. Always ask about the incidence of pressure sores (bedsores) at the facility.

Ask about staffing ratios. While the law only requires that a facility maintain “sufficient” staff, the National Citizens’ Coalition for Nursing Home Reform has set some rough guidelines for staffing. According to the NCCNHR, during the day there should be at least one direct care giver for every five residents, one for every ten residents in the evening, and one for every fifteen at night. Remember, these ratios will vary depending on the needs and independence level of the residents. Also, keep in mind, the majority of direct day to day care in most facilities is provided by nursing assistants. On your visit, take the time to introduce yourself to a few of the direct care providers and see if you can get a feel for their level of care, skill and compassion. Be sure to ask management about the turnover rate for providers.

If you have more questions about nursing home facilities or possible problems or issues, you should call the Texas Department of Aging and Disability Services at (800) 458-9858. Sometimes, despite all your research, you may be faced with the tragic situation where your loved one suffers abuse or neglect at their facility. If this occurs, or if your loved one suffers a serious injury at a nursing home, you and your loved one have important legal rights. In this event, it is important that you contact a qualified attorney to help investigate the matter and assess the situation.

About the Author

Written by Stewart Guss (attorney at law) the owner of http://attorneyguss.com/ This article can be reproduced in whole or in part, providing this byline is included along with a followable link to http://attorneyguss.com/