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Monday, December 22, 2008

Injured by a car?

We have seen an increase of people calling our law firm after trying to take care of their own auto accidents with the insurance companies. To their surprise, insurance companies treat them well at first, and them change their way of handling the claim.

With this blog we will inform our readers that: insurance companies are not your friends when it comes to claim handling; you should let a professional handle your claims for you since insurance copanies have their experts.

When a person has a situation with their car, they take it to the mechanic. Conversely, when a person has health problems, they consult with a doctor. Then, why is it that when people have legal problems they try to solve them themselves. The answer is very simple.

Television has created this illusion that every person can take care of their legal problems. Programs such as the practice, boston legal and others have change the way that our society view legal situations.

Our advise to you is that let the experts handle your legal case. We are The Baez Law Firm, P.C. a general practice law firm in san antonio that specializes in personal injury, family law, criminal law, business law, consumer law, litigation, and appeals. We can help you with your legal matter, specially with your accident.

Our doctors will focus on getting you back to normal so that you can do what you do best. So, let us do what we do best. We care about your legal needs!

Wednesday, June 25, 2008

Car or truck accident victims

With an ever increasing number of vehicles on the road, motor vehicle accidents still occur with alarming frequency. Factors such as alcohol may aggravate the situation. However, many states have passed tougher drunk driving laws. As a result, many lives may have been spared.
Both Federal and state regulations govern trucking industries. Because of their size, crashes involving trucks are more likely to result in serious injury and death than are car crashes. Unfortunately, some of those injured in a truck crash will die. On the other hand, trucks are more likely to be involved in multiple-vehicle crashes than are passenger cars, which may create questions on liability.

It is important to know that trucking companies are required to keep records of safety equipment and driver hours and it will be necessary to find and research such records. Poor equipment and driver fatigue can be causes of such crashes, and a careful study of the trucking company records may be needed to determine if negligence has occurred.

The National Highway Traffic Safety Administration stated that "every 10 seconds someone in the United States is involved in a car or truck accident." Every year, millions of people are injured in motor vehicle accidents. Conversely, motor vehicle accidents, according to a study, are the leading cause of injury in the United States for people ages 1-34. A high percentage of traffic crashes and deaths involve trucks.

Our law firm is dedicated to representing seriously injured car and truck accident victims in the San Antonio and Bexar County area, whether the accident was caused by some one’s negligence or a product defect such as defective manufacturing or factory defective design.

If you have been seriously injured by a car or truck accident, please contact The Baez Law Firm, P.C. We are San Antonio personal injury law firm that will handle your case with respect and dignity. Please contact us (210) 979-9777 or visit our website at: or

Wednesday, May 21, 2008

We are glad that we can help!

Recently, we posted a blog about business fraud conducted by Nigerian individuals against US Law Firms. We have received hundreds of calls from attorneys thanking us for the information and informing us that they too have been victimized.

We are encouraged by the fact that the scheme is been recognized and that other lawyers are spreading the news that these crooks need to be put in jail.Let us remind our readers that these people from Nigeria will used any name of reputable companies in order to achieve their objectives.

Regrettably, it is the name of these companies that will suffer by the actions of these crooks, as well as the law firms involved. Also, let us remind you that not all the people from Nigeria are responsible for this, it is just a selected group that have upted to defraud others by doing the wrong thing.

We urge you to share the information with other attorneys about the Nigerian plot, and that if you are aware of any activities of these nature, to contact your local authorities or the FBI.

Thankfully, we can share this information in a positive way in hopes that, we one day, can put a stop to this perpetrated fraud.

Monday, May 5, 2008

Police brutality again?

We 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 or for a free initial consultation.

Sunday, April 20, 2008

severe head injuries and increased risk of epilepsy

Patients who have severe head injuries have 22 times the normal risk of having epilepsy in the year following injury and seven times the normal risk even 10 years after the initial injury, according to the results of a study. The results were presented at the 61st Annual Meeting of the American Epilepsy Society (AES) by Per Sidenius, MD, Epilepsy Epidemiology Consultant, Department of Clinical Pharmacology, University of Aarhus.

Doctors and colleagues identified 73,326 individuals with mild brain injury, 5,099 with skull fracture, and 3,850 with severe brain injury. A total of 17,470 people born within the time period had a diagnosis of epilepsy, and of these, 1,031 developed epilepsy after some form of brain injury.Among patients with mild brain injury and those with skull fracture 1.14% and 1.5%, respectively, developed epilepsy in the 10 years following head injuries, whereas 3% of individuals with severe brain injury developed epilepsy in this time period.

Although the relative risk for epilepsy with mild brain injury and skull fracture was higher in the first year following the head injury, the long-term risk was about double that of the general population [relative risk (RR) 2.22 and 2.17, respectively, with 95% confidence intervals (CI) of 2.07-2.38 and 1.73-2.71, respectively].

The relative risk for epilepsy in the year following a severe head injury was approximately 22 times the risk for the general population with an ongoing relative risk of over seven times the risk for the general population (RR 7.40, 95% CI 6.16-8.89). When the researchers examined other risk factors, they found that a family history of epilepsy resulted in an even greater long-term relative risk for individuals with all three injury types (mild brain injury RR 5.75, 95% CI 4.56-7.27, P=.03; skull fracture RR 2.71, 95% CI 0.87-8.41, P=.04; severe brain injury RR 10.09, 95% CI 4.20-24.26, P <.00001).

Anecdotal evidence of a link between head trauma and increased risk of epilepsy has been a part of epilepsy care for a long time, but doctors emphasised that this study provides an empirical basis for this link and quantifies the risk. Physicians caring for patients with severe head trauma now have the evidence to support continued evaluation and possibly prophylactic care for these patients. These results should encourage additional attention to safety among the general population. "If you prevent head injuries, for example by giving your children bicycle helmets, you are also preventing epilepsy."

If you have been injured as a result of severe injury, or if you have been misdiagnosed by a doctor for epilepsy, please contact our firm (210) 979-9777 or visit our websites or for a free evaluation of your case.

Friday, April 11, 2008

U.S. Law Firms, please beware.

First 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. (This is not to say that Daechang was the company perpetrating the fraud, this was the name that the crooks used this time). We believe that they used real companies names in order to achieve their objectives. So, 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.

Tuesday, April 1, 2008

Police brutality in Texas

Most 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 or We care about your legal needs!

Thursday, March 20, 2008

What is Personal Injury Protection (PIP)?

Personal 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 or for a free initial consultation. We care about your legal needs.

Saturday, March 8, 2008

Texas wrongful death claims and statutes

A 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 deathThere are surviving beneficiaries or dependentsMonetary 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: for a free initial consultation. Because we care about your legal needs!

Friday, February 29, 2008

The newest member of our law firm

The Baez Law Firm, P.C. welcomes its newest member Richard G. Fowler to the firm. Mr. Fowler comes to us from Miami, Florida where he was a litigator. He is licensed in all Florida and Texas's courts, which will increase the ability of the firm to represent clients throughout the nation.

Richard Fowler is married and has one child. Richard was picked from a catalog by the firm and by his wife (story soon to follow). Mr. Fowler is a devoted father and a counselor at law. We are proud to bring him on board as a valuable asset to the firm. Our clients will surely benefit from his expertise and charisma.

By adding Mr. Fowler to the firm, we will be able to provide for our client needs even more. The Baez Law Firm, P.C. is truly a general practice law firm, with specialties on personal injury, business law, criminal law, consumer law, and family law.Mr. Fowler is another reason why we say that: "we care about your legal needs."

If you have been injured, please contact us at (210) 979-9777 or visit our websites or for a free initial consultation with an experienced lawyer.

Tuesday, February 26, 2008

Roof crush injury

Roof crush injuries kill 10,000 people every year. Vehicle design is supposed to depend on a structural support system that creates a "survival space" that protects car occupants in a crash from injury due to roof crush. When a vehicle does not have the proper roof pillar strength, it will cause the roof to cave into the passenger compartment during an accident. A weak roof makes a vehicle defective, and roof crushes can cause serious and fatal injuries, including disabling brain and spinal injuries.Safe roof structure designs have been documented from as early as the 1930s. Vehicles with the safety features mentioned above would reduce the number of roof crush accidents. Despite the availability of safer designs and structures, manufacturers claim it is the force of the impact that leads to injuries and death, notwithstanding the fact that the relationship between rollover crashes and injuries from roof crush was observed and noted as early as 1932. Safe roofs are equipped with strong roof pillars and full-length closed sections, windshield headers and side sections, internal baffle plates, strong tubular cross-members, and reinforcing gussets at the connections. Some use rigid foam within the tubular cross-members to help strengthen the structure. These different safety precautions can significantly minimize the fatal results of roof crush.
Roof crush injury risks are higher in vehicles with a greater propensity to roll over. Because they are taller and narrower, SUVs, or sports utility vehicles, are three times more likely to roll over in an accident than are other passenger cars. In 1973, the government passed Federal Motor Vehicle Safety Standard 216, creating a standard roof strength test to measure the integrity of roof structure in motor vehicles. This test was to apply to motor vehicles weighing six thousand pounds or less. Many SUVs weigh more than this, and are therefore exempt from compulsory safety standards that may be crucial to preventing roof crush injury. In light of SUV roof crush injury risks, consumer advocacy groups have urged the federal government to modify standards so that they include any vehicle weighing ten thousand pounds or less.

Roof pillars appear strong to the average consumer, but most of them consist of just sheet metal that is hollow on the inside at the cross sections. When an accident occurs involving roof structures with a filled inner space, the outcome has been shown to be safer due to a lesser amount of roof crush. Pillars filled with high-density foam can reduce the severity of a roof crush significantly, saving lives and reducing serious injuries. Overall, federal safety standards fail to provide roof strength requirements that adequately protect people from suffering roof crush injury in a rollover automobile accident. Despite federal standards, many vehicle roofs will easily crush a foot or more during a rollover accident. More stringent testing standards and minimum industry safety standards must be employed if the government hopes to adequately protect people from sustaining serious roof crush injury in automobile accidents.

The sport utility vehicle (SUV) has the highest rate of death in rollover accidents. According to government tests, SUV rollovers are almost three times more likely to occur than in the average passenger car, and the most stable SUV is still more unstable than the most unstable car. In 2002, nearly 11,000 people died in rollover accidents, 61 percent of which occurred in SUVs. With the number of people killed in SUV rollovers increasing by 14 percent per year, consumers should be aware of the risks SUVs pose to their families. Even more alarming than the rising rollover statistics is the withholding of rollover information by the government and auto manufacturers.

Though the number of SUV rollover fatalities continues to escalate, but SUVs are not being manufactured to better resist rollover crashes. Not a single SUV earned the federal agency's highest safety rating, according to an NHTSA report in the past. However, SUV consumption has increased: SUV popularity created a large increase in sales in the 1990s, and because of high consumer demand for these cars, car makers continue to manufacture SUVs. Because the vehicle has changed from simply being an off-road vehicle to a replacement for the family station wagon, manufacturers removed the roll bar that protects drivers and passengers in a rollover situation from SUVs. Many SUV rollover accidents occur because of the unusual propensity the large car has to roll over when steered hard in foreseeable accident avoidance maneuvers. Also, the size and height of an SUV may increase the danger of rollovers. SUV defects, like weak roofs and safety restraint system failures, are some of the heightened risks involved in an SUV rollover situation.Roof crush injury is most often the result of rollover automobile accidents.

Though rollover accidents are regarded as highly survivable events, the integrity of a vehicle's roof structure during impact is crucial. Windshield reinforcement is a critical component of vehicle design: when a windshield is destroyed in the course of an accident, the strength of the roof is instantly reduced by 33 percent. As a result, roof crush injuries are often extremely serious. Common roof crush injuries include neck fractures and other spinal injuries. Sometimes a brain injury may result from the roof crushing in on the vehicle occupant. These head and neck injuries can also cause paraplegia, quadriplegia, or other life-altering conditions.

If you have suffered injury due to a roof crush car crash, you may be eligible for monetary compensation due to faulty automobile design. The Baez Law Firm, P.C. is here to help. Contact us at (210) 979-9777 or visit our websites: or for a free confidential consultation with an experienced attorney. We care about your legal needs!

Wednesday, February 20, 2008

Strong Religious Belief and Jurors

A guide for trial lawyers advises them to be wary of Americans with "extreme attitudes about personal responsibility" when selecting jurors in personal injury lawsuits. The author of the guide says such jurors typically "espouse traditional family values" and often "have strong religious beliefs."David Wenner is a trial lawyer and nationally recognized expert in identifying alleged biases in potential jurors. The Association of Trial Lawyers of America (ATLA) named the former psychotherapist co-chairman of its "Blue Ribbon Committee on Juror Bias" and included a chapter on the topic written by him in ATLA's Litigating Tort Cases , the industry's guide to winning product liability, medical malpractice and other personal injury lawsuits.In his writing, Wenner accuses those who support tort reform of "stealing" the message of personal responsibility from plaintiffs in personal injury lawsuits.

Because of the existence of a "personal responsibility bias" among many jurors, he suggests, "reframing personal responsibility as the plaintiff's message." But some jurors, Wenner believes, are more difficult to convince than others."It is helpful to divide the jurors into two groups: the personal responsibility group and compassion-altruistic group," Wenner wrote. "Jurors who are extreme on the personal responsibility bias, or who have a high need for personal responsibility, will strongly favor the defendant. In contrast, jurors who are extreme on the compassionate-altruistic bias, or who have a high need for compassion, will strongly favor the plaintiff."Based on his research, jurors who believe in moral absolutes tend to have what Wenner called a "personal responsibility bias."The personal responsibility juror tends to see the world with bright line rules on how people should act," Wenner wrote. "People should be self-reliant, responsible, and self-disciplined. When people act irresponsibly and are not self-disciplined, there are consequences. People must be accountable for their conduct."Such jurors, Wenner believes, are likely to question whether the plaintiff could have done something to avoid the injury they suffered."The motto of these jurors is that if a person is committed to personal responsibility, then he or she must first accept blame before blaming others.

That means playing the blame game is unacceptable if the plaintiff was in the best position to avoid the injury," Wenner wrote. "If the plaintiff has not been completely responsible, do not expect the personal responsibility jurors to find for the plaintiff, even though the plaintiff may have been only partially at fault."Potential jurors "who hold extreme attitudes about personal responsibility," Wenner found, also tend to share a common belief system."The personal responsibility jurors tend to espouse traditional family values," Wenner continued. "Personal responsibility jurors often believe that when someone harms you,the best response is to turn the other cheek.A lawsuit is viewed as revenge and unproductive ... often, these jurors have strong religious beliefs."If such a "bias" appears insurmountable, Wenner suggests that the plaintiff's attorney take decisive action before it's too late. "The only solution is to identify these jurors during voir dire and exclude them from the jury," Wenner concluded. Voir dire is an archaic French term for questioning potential jurors.Rob Boston, spokesman for the liberal advocacy group Americans United for Separation of Church and State is troubled by Wenner's inclusion of religion in his profile of "personal responsibility jurors.""Certainly a good lawyer will try to ferret out any evidence of prejudice, whether it's religious prejudice or racial prejudice, prejudice against women, whatever, that's legitimate," Boston said. "

But, for a lawyer to simply assume that certain religious beliefs will dictate certain behaviors is naive and I think it does a disservice to our legal system."Boston believes many potential jurors would react negatively if they were aware that their religious beliefs were being evaluated as factors in determining their fitness to decide a case."Although I know jury duty isn't the most favorite pastime of the American people," Boston explained, "I think a lot of folks would be pretty angry if they felt that they were being summarily excluded because of what they believe or don't believe about God."Todd Young serves as policy director for the Southeastern Legal Foundation, a conservative public interest law firm. He called the prospect of even considering potential jurors' religious views "incredibly dangerous."There used to be, many years ago and to the great shame of this nation, the exclusion of minorities and women from juries. That has since been found unconstitutional and rightly so," Young recalled. "It's beyond bold that the trial lawyers' association or people speaking on their behalf would suggest [eliminating] people of faith from juries."That is akin to saying, 'there's a black person, strike them [from the jury pool] because they're black,' or 'there's a woman, strike her because she's a woman,'" Young said. "[Will they say,] 'There's a Christian,' or 'there's a Jew' or 'there's a Muslim,' strike them because they're Christian or Jewish or Muslim? It's incredibly dangerous."

In an interview with , Wenner insisted that discriminating against people of faith has never been his intention."That's exactly the opposite of what I was suggesting. In fact, my mother would be really upset that she spent all that money on bar mitzvah lessons for me if that's what I had meant," Wenner said, laughing.The goal of identifying potential juror "bias" based on religious beliefs, Wenner said, is to insure that people of faith avoid what he believes in an unfair crisis of conscience when their religious teaching contradicts secular law."You are now asking that person to make a choice between their religious beliefs and the laws that exist in your specific state," Wenner explained. "Why should they have to be put in that position?"The psychotherapist-turned-trial lawyer said if such a conflict becomes apparent while interviewing potential jurors, he acknowledges it."I say, 'you know, Mr. So-and-so' or 'Ms. So-and-so, that's perfectly okay to have that belief.You have every right to believe that and to think that and, from your standpoint, it may be the right way to believe. That's okay,'" Wenner said. "I say, 'but, because of how you feel, Ms. So-and-so, don't you think it would be better for you, and for this plaintiff who has a right to bring this case, for you to sit on ... a different type of case where it doesn't ask you to choose between what the civil justice system says is allowed and your religious beliefs?'"His job during the pre-trial process, Wenner explained, is "to pick a jury that is going to start the case and give each side a fair hearing on the evidence without too many prejudgments influencing the decision-making process."That does not mean, Wenner stressed, that plaintiffs' attorneys should have any less respect for potential jurors with deeply held religious beliefs."

Lawyers shouldn't vilify jurors or be suspicious of them because of their beliefs," Wenner said. "On the contrary, I teach [attorneys] to accept [jurors] where they are and to use those [beliefs] to help [jurors] understand the world they live in, so [attorneys] can better communicate with [jurors] rather than trying to change them."Mario Mandina is chief executive officer of the National Lawyers Association (NLA), which bills itself as "a national bar association, organized to improve the image of the legal profession, to advance legal institutions and respect for the law, and to educate the public on such matters." The group has become a refuge for conservative attorneys displeased with the liberal positions often taken by ATLA and the American Bar Association (ABA).

While Mandina understands that people of faith might be offended by Wenner's advice, he said the principles are not as controversial as many might believe."If you're going to put out a book to tell lawyers to pick good juries to get you money for your clients, you've got to tell them the truth," Mandina allowed. "Unless it was derogatory, I couldn't fault somebody. If you're going to do that, you'd better do it right, or you'll get sued. You couldn't ignore the obvious."Mandina explained that the primary duty of a lawyer is to represent his or her client "within the bounds of the rules of ethics."As an officer of the court, he or she is empowered or expected to notify the court of any violations of the code of ethics and not to present perjured testimony," Mandina said. "If it crosses that, you've got a duty [to report it]. But say it doesn't cross it? Say it just gives you a choice between an extremely liberal panel or an extremely conservative panel? No lawyer worth his salt would ignore those factors."But the duty to one's client would be no excuse, Mandina said, for attorneys to make sweeping generalizations about people of faith serving on juries. Mandina is concerned that some trial lawyers are moving in that direction."They may start asking questions like, 'Do you believe in the Ten Commandments?'Someday, the way this country's going and, if you raise your hand, you would be automatically excluded," Mandina speculated. "If you can't set aside, for example, your personal views of Christianity - which no true Christian could do - then you'll be excluded from the panel.

Those days are coming if things don't change in this country."Wenner agreed that jurors should not be excluded merely for their religion. But he still contends that there are some potential jurors who will not or cannot work within the system."There are a lot of people out there who have very, very, very strong feelings about the jury system today, who can't be fair because of their beliefs," Wenner claimed. "That presents a problem for the trial lawyer."The attorney's goal, Wenner contended, should not be to stack a jury in favor of his or her client, but to strive for an objective hearing for their side of the case."I'm not asking for a biased jury and I'm not teaching people how to get a biased jury. I would not want to see other people teaching [attorneys] how to manipulate a jury," Wenner said. "All I'm asking for is a fair jury."

If you have been injured in an accident contact the baez law firm: or we offer free initial consultation. We care about your legal needs!

Friday, February 15, 2008

Auto Accident in Texas...

Car accidents occur each day on roads in Texas, in every county, city and town. While many auto accidents are simple "fender benders," others result in substantial property damage and serious injury.

Many injured victims of car accidents are overwhelmed by the avalanche of telephone calls, insurance forms, accident reports, medical bills and general correspondence that is received immediately after an auto accident.

Further, those that have been injured in an accident may not be in the proper frame of mind to deal with inquiries from insurance companies, whether written, recorded or verbal. ...Car accidents or accident victims in general should appreciate that, while they are still receiving initial medical treatment, the parties at fault have already notified their insurance company of the accident.

Every insurance company has a team of adjusters, investigators and attorneys whose primary responsibility is to limit the liability of the insurance company and minimize the amount of money to be paid to injured parties.

In Texas, auto accident victims who have suffered personal injury may be entitled to recover damages for pain and suffering, emotional distress, disability, permanent disfigurement, dismemberment, wrongful death, and other types of general damage.

Texas also allows for recovery of "special" damages, such as past, present and future medical bills, wage loss, loss of earnings potential and other out-of-pocket expenses.Sometimes in Texas certain "no-fault" benefits can be paid following a traffic accident. This type of benefit may serve to pay a portion of lost wages and medical bills.

The Báez Law Firm, P.C. can help "level the playing field" by providing auto accident victims with information regarding the practical and legal aspects of personal injury law and auto accident claims. For a review of your claim, please click the "contact us" button and completely fill out the form provided.

Please contact us at (210) 979-9777 or visit our websites at for a free consultation. We care about your legal needs!

Friday, February 8, 2008

Spinal Cord Anatomy

Spinal 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 or visit because we care about your legal needs!

Thursday, January 31, 2008

What Laws protect nursing home residents?

Nursing homes and long-term care facilities that receive federal funds must comply with certain federal regulations and laws. These regulations and laws set out in detail the type and quality of care that residents in these facilities must receive.Nursing Home Reform Act (1987)During the 1980s, reports of nursing home abuse and neglect surfaced in alarming numbers. In an effort to reform nursing home practices and procedures and to set standards for the care rendered to residents Congress passed the Nursing Home Reform Act in 1987.
These laws were incorporated into the Omnibus Budget Reconciliation Act of 1987 (OBRA 1987). Reports from various state agencies note that some of the reported causes of death of nursing home residents are chronic urinary tract infections, pressure ulcers and respiratory infections. Many of these deaths may be preventable. An extensive report on nursing home care problems in California generated a congressional hearing and an extensive report to the Special Committee on Aging of the United States Senate.
While a number of the federal regulations are listed below, a basic tenet of the Act is that a nursing home or long term care facility must provide services and care to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident and this care must be given based on written documentation for each resident, known as an individualized plan of care.If you are a resident or have a loved one in a nursing home, it is important to be familiar with the rights provided by the Nursing Home Reform Act.
The law requires nursing homes to promote and protect the rights of each resident and places a strong emphasis on individual dignity and self-determination. In order to participate in Medicare or Medicaid, nursing homes must meet residents' rights requirements.Nursing Home Residents' RightsResidents have the right to be fully informed, of services and their charges; the rules and regulations of the nursing home; contact information for the State Ombudsman, State licensure office, and other advocacy groups; and state survey reports of the nursing home along with the home's plans for corrections. Residents have the right to be communicated to daily in their language and provided assistance for sensory impairments.
Residents have the right to participate in their own care, which includes both receiving adequate and appropriate care and also the right to refuse that care. They have the right to be involved in the planning of their care, should be informed of any changes in treatment or condition, and the right to review their medical records.Residents have the right to make independent choices. This includes making independent decisions on clothing and spending free time, choosing their own activities inside and outside the nursing home, participating in a resident council, and selecting their own physician.
The nursing home must make reasonable accommodations of a resident's needs and preferences.Residents have the right to privacy and confidentiality, including private and unrestricted communication with persons of their choice, private treatment and care of personal needs, and confidentiality regarding medical, personal, and financial affairs.Residents have the right to dignity, respect, and freedom. Residents have the right to be treated with consideration, respect and dignity, to be free from abuse, both mental and physical, corporal punishment, involuntary seclusion, and physical and chemical restraints. Residents have the right to self-determination.Residents have the right to security of possessions. This includes managing their own financial affairs and not being charged for services covered by Medicare and Medicaid. Residents have the right to file a complaint if the nursing home is managing their financial affairs in an abusive, neglectful, or inappropriate way.Residents have rights during transfers and discharges, including the right to a 30-day notice and a safe transfer or discharge with sufficient preparation by the nursing home. Residents also have a right to remain in the nursing facility unless the transfer or discharge is deemed necessary to meet the resident's welfare, required to protect other residents and staff, or a facility charge has not been provided after reasonable notice.Residents have the right to complain without fear of reprisal and the right to prompt efforts by the nursing home to resolve grievances.A resident has the right to visits. A resident has the right to visits from their personal physician, representatives from the health department and ombudsman programs, and their relatives. Residents also have the right to reasonable visits by organizations or individuals providing health, social, legal, or other services.
If your love one has been subject of nursing home neglect, please contact us at (210) 979-9777 or visit our websites at for more information. We care about your legal needs!

Dog Bite Law in Texas

(AP)-According to the American Veterinary Medical Association, 4.7 million Americans will suffer a dog bite injury this year, most of them children. Each year, about 800,000 dog bite injury victims are treated at clinics and hospitals and about a dozen people die from dog attacks.Dog bite injuries can involve puncture wounds and lacerations that may result in scarring.

Reconstructive surgery may be necessary. If the dog has not been vaccinated, the dog bite victim may need to undergo a painful treatment for rabies. Infection is always a concern.Dog bite injury victims often suffer emotional as well as physical trauma. Psychological therapy may be required, especially for children.

Texas follows the ancient and outdated "one bite rule." This means that legal liability for a dog bite is based on one of the following circumstances: (a) the owner knew that the dog had bitten someone previously or had the dangerous propensity to bite a person, (b) the accident was cause by the negligence of the person handling the dog, (c) the accident was caused by a violation of a leash law, prohibition against dogs trespassing or running at large, or a similar animal control law, or (d) the injury was caused intentionally by the person handling the dog.On the other hand, new law went into effect for criminal liability.

Under the new law, the owner of a dangerous dog can still face misdemeanor charges if the animal injures someone. That same owner now can be on the hook for a felony and prison time if the victim dies or suffers wounds requiring hospitalization.

Our lawyers will pursue full compensation of all current and future expenses related to the dog bite injury. Please contact The Báez Law Firm, P.C. for further information about the laws concerning dog bite injury victims or serious injuries caused by others visit us We offer a free consultation to review your case and discuss your rights. We care about your legal needs!

Airbag Injuries

Airbags have been in use for many years now. In fact, some of the major U.S. automobile manufacturers began installing airbags in some of their vehicles in the early 1970s. While they do save lives, airbags can also cause some unforeseen problems. Children riding in the front seat can be seriously injured or killed when an airbag deploys in a crash. An airbag is not a soft, billowy pillow. To do its job, an airbag comes out of the dashboard at up to 200 miles per hour - faster than the blink of an eye. The force of an airbag can hurt those who are too close to it.

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 or because: "We care about your legal needs."

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