U.S. Law Firms, please beware « San Antonio Personal Injury Lawyers
May 6, 2008 by baezlawfirmPolice brutality, how often does it happen?
May 6, 2008 by baezlawfirmWe wrote an article about police brutality about one month ago, and to our surprise, we have had more clients commenting on how the police really treated them. Come to find out, all our clients have suffered from the same “police brutality syndrome.” As research are getting closer to an answer pertaining to police behavior on the job, citizens continue to suffer based on the ability to the police to get away with murder before the city, or county, does anything about it.
Our latest case just happened this weekend. Our client was just minding his own business when he was stopped, beaten and incarcerated by the police. The police used the “usual” language of evading arrest, terrorist threats, and failure to follow orders when given by a police officer. How ironic that, the police who stops you and bitts you up, is the same that states that he/she felt threatened by your behavior. They use the pretext of terror in order to advance their own agenda of terror against the citizens that they are supposed to protect.
Let me remind our readers that: not all cops are corrupted! But is hard to differentiate between good cops and the crooked ones. Supposedly, cops feel pressure from the jobs as they get older and wiser on the jobs. This is why we have witness in the past year or so, so many increases of allegations of police maltreatment. This weekend alone, we know that the jails were crowded with suspected terrorist and people that the police felt had threatened their lives. That we know of, at least 5 people were beaten by police because they felt threatened. This includes man and females alike.
Makes you wonder what kind of training are these police officers getting at the academy. Nevertheless, we are supposed to continue to put up with the behavior of police officer because they feel the need to state the they were threatened by our actions. Lately, police have made more violations to our constitutional rights than ever. Maybe is time that we do something about it.
If you have been a victim of police brutality, please give us a call. We are a law firm that care about your legal needs. Call us at (210) 979-9777 or visit our website at http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation.
U.S. Law Firms, please beware
April 11, 2008 by baezlawfirmFirst and foremost, we would like to take this opportunity to thank City Bank Fraud Department for preventing our firm from falling under the scheme that we are about to reveal to Law Firms all over the United States. Again, thank you!
Recently, our law firm received a proposal for business representation from Asia. We are expanding our internet marketing, and apparently, it was working. Our first clients from the Orient had arrived with a proposal almost impossible to resist. In reality, this crooks are not from Asia, they are from Nigeria and their base of operations is Canada.
This is how their scam works. They will contact you via mail, or electronically through the firm’s website page. They will pose themselves as Asian corporations in need of representation against their clients. Their alleged name was Daechang. We conducted research, and it was all legitimate. Daechang, happens to be an Asian corporation with international clients.
According to them, they have clients all over US and their clients have delinquent accounts. They will tell you that, they have tried the same techniques in Europe with great success. So apparently, all they would need is a reputable firm (so far, our law firm fitted the profile). Our firm was to contact these American companies, in an effort to avoid litigation. The operations department from our firm sent Daechang the retainer agreement, and so the usual hourly contract was sent to the Asian corporation, and it was signed by their alleged president Mr. Si-young, cho. In most cases, our business retainer pre litigation is $25, 000.00 and our firm will not start any representation before the retainer is sent to our main office.
The next day, their president contacted us and indicated that (PCC Logistics) was ready to write a certified check for them through our law firm for the amount of $194, 000.00. They would need immediate representation from the firm, in order to help them collect from PCC Logistics. Mr. Si-young, cho instructed the PCC Logistics to send the check to the law firm, since the law firm represented them in the US.
We informed Mr. Si-young, cho that unless we received the retainer, we would not represent them; however, that same day, a certified check for the amount of $194, 000.00 arrived via Federal Express to our main office attached with an invoice from PCC Logistics. Mr. Si-young, cho had indicated that we were to subtract our retainer agreement from the $194, 000.00 and sent them the rest. Sounds familiar?
We were skeptical, so we took the alleged certified check to our bank. They informed us that “all of the right features of a certified check were present” that “we had nothing to worry about, to deposit the check in our accounts.” Thank God that we decided to go to the drawee bank before depositing into our accounts. The folks at City Bank work very hard to let us know that the check was fake.
I pray that the crooks conducting this schemes will get caught. We also pray that no other law firms in the U.S. will be affected by their fraud.
Police brutality in Texas
April 1, 2008 by baezlawfirmMost people turn to the police for protection and safety. As citizens, we trust police officers to use their authority and training to keep us safe. Occasionally, however, some police officers use poor judgment and abuse this authority, causing harm to the very citizens they have sworn to protect, and beginning the cycle of mistrust.
If you have been a victim of police abuse you probably feel helpless and frightened. Your sense of security and right-and-wrong has been forever shattered. While the vast majority of law enforcement officers are dedicated and ethical, the officers who are not tarnish the reputation of the force as a whole, and the community suffers.
Police officers have a duty to know and abide by the limits of their position. Whether or not a crime has been committed, they have a legal responsibility to act within reason. If a crime was involved, you may feel that you have no real defense against the abuse and that taking action puts you at risk for a harsher punishment. If there was no crime, you fear for your reputation and an undeserved permanent criminal record which will follow and limit you for the rest of your life.
Not only is police brutality and misconduct an egregious violation of public trust and authority, it is also illegal, and guilty law enforcement officers can and must be held legally accountable for their crimes. Some common claims upon which police brutality or misconduct charges are built include: excessive use of force, and wrongful imprisonment.
If you have been the victim of police abuse you must act quickly. There are several things you should do right away:
1- Seek medical attention
2- File a complaint
3- Take photos of your injuries
4- Get statements from witnesses
5- Contact The Baez Law Firm
If you, or someone you know has been a victim of police brutality, contact The Baez Law Firm, P.C. at (210) 979-9777, where experienced lawyers will handle your case with respect and dignity. Visit our websites http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com We care about your legal needs!
What is Personal Injury Protection (PIP)?
March 20, 2008 by baezlawfirmPersonal Injury Protection (PIP) is an extension of car insurance available in Texas, which covers medical expenses and, in some cases, lost wages and other damages. PIP pays off regardless of who is at fault and is mandatory in some states, especially those with no-fault laws. PIP coverage may vary from state to state.
PIP can cover within the specified limits, the medical, hospital and funeral expenses of the insured, others in his vehicles and pedestrians struck by him. The basic coverage for the insured’s own injuries on a first-party basis, without regard to fault. It is only available in certain states.
Personal injury protection insurance is an option that you can purchase when you buy automobile insurance. PIP pays for your medical expenses and your lost wages when you’re in a car accident or wreck. PIP has two important features. First, there is no subrogation interest; unlike health insurance, if you submit bills to your PIP carrier, you do not have to reimburse the PIP carrier for amounts paid when you receive a verdict or settlement that includes the same bills. And second, you can submit bills to your PIP carrier even if the bills have been paid by your health insurance.
If you have been injured in an accident, we can help. The Báez Law Firm, P.C. is here to protect your legal needs. Call us at (210) 979-9777 or visit our websited http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation. We care about your legal needs.
Texas wrongful death statutes
March 8, 2008 by baezlawfirmA 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/agents 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 basic elements of a wrongful death claim are:
Death caused, in whole or in part, by the conduct of another person or entity.
Person or entity was negligent, or strictly liable, for victim’s death
There are surviving beneficiaries or dependents
Monetary damages have resulted from individuals death.
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. In death cases raising limitations issues in medical malpractice claims, the courts have determined that, as between the statute of limitations for death claims, §16.003(b) of the Tex. Civ. Prac. & Rem. Code Ann., and the statute of limitations set forth in § 74.251. for health care liability claims, the latter applied.
If your love one has been killed due to the negligence of others, please give us a call (210) 979-9777 or visit our websites: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com for a free initial consultation. Because we care about your legal needs!
Anatomy of Spinal Injury « San Antonio Personal Injury Lawyers
February 8, 2008 by baezlawfirmAnatomy of Spinal Injury
February 8, 2008 by baezlawfirmSpinal cord injuries are serious and it may not be obvious that someone has a spinal cord injury. The treatment given to a person immediately after he of she has suffered one of these injuries is critical to limiting the amounting of harm done and preventing secondary injuries from occurring.
The spinal cord is surrounded by bone called the vertebrae that protects the fragile cord from injury. The spinal cord and vertebra make up the spinal column. The spinal cord is part of the central nervous system and delivers signals between the brain and the rest of the body. The cord is made up of many types of nerve fibers and cells. The spinal column is divided into five distinct segments from top to bottom:Cervical vertebrae (neck) — controls back of the head, neck, shoulders, arms, hands, diaphragmThoracic vertebrae (upper back) — controls chest muscles, some back muscles, parts of the abdomenLumbar vertebrae (middle back) — controls lower abdomen, lower back, buttocks, some parts of the legs, some parts of the external genital organsSacral vertebrae (hips) — controls thighs, lower parts of legs, feet, most of the external genital organs, area around the anusCoccygeal vertebrae (tailbone) — controls sensation from the skin on the lower back.
The level of injury refers to the segment damaged by the injury, below which function has been lost, either completely or partially — meaning that the ability of the brain to send and receive messages down the spinal cord has been impaired or severed altogether. The higher up the level of injury on the spinal column, the more function lost. For example, a person in a car accident who suffers a C5 injury will have lost more function than a person in a similar accident with a L4 injury.While a spinal cord injury can occur from an illness or disease (like a tumor), the most common cause is a traumatic injury that dislocates or fractures the vertebra protecting the spinal cord. This contact can cause hemorrhage and swelling of the spinal cord, tearing of the cord or disruption of the spinal nerves. The spinal cord is rarely severed completely.
Immediately after a suspected spinal cord injury, it is vitally important to take action to stabilize the spine and prevent or minimize secondary injuries. Secondary injuries are those that occur after the initial trauma and can exacerbate the damage to the spinal cord.Thus, immediate treatment of a spinal cord injury includes:Determining if there are any structural problems with the spine that need to be surgically repairedDetermining if there is compression on the spine that needs to be surgically relievedMinimizing the damage to the nerve cells with the use of steroids (methylprednisolone)Stabilizing and reducing the vertebraeImmobilizing the patient.
If the person suffered a high spinal cord injury in the cervical vertebrae, he or she may be unable to breathe without the help of a ventilator. If you come into contact with a person you suspect has suffered a spinal cord injury, call an ambulance and do not attempt to move him or her, or you could make the injury worse.
If you or a loved one has suffered a spinal cord injury, please contact us (210) 979-9777 or visit our websites http://www.sanantoniopersonalinjurytriallawyers.com or visit http://www.thebaezlawfirm.com because we care about your legal needs!
Airbag Injuries
January 31, 2008 by baezlawfirmAirbag Injuries
Even when one is cautious, airbags can be unforgiving. When a manufacturer designs, produces, or installs an airbag incorrectly, serious injuries and deaths can result. Defective airbags include, but are not limited to, those that deploy with too much force, deploy in minor collisions when they are not otherwise needed, or fail to deploy under circumstances in which they should.
Airbags are designed to save lives in the event of an auto accident. Occasionally, though, an inflated airbag may injure a passenger. Most bags deploy with a tremendous amount of force, thus posing a serious threat to those who sit too closely to them.
If you or a loved one has been injured as a result of an airbag, don’t fight the battle alone. Please contact us (210) 979-9777 or visit our web sites http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com because: “We care about your legal needs.”