Bought An Unsafe Product? Contact A Dallas Product Injury Attorney

Posted on January 18, 2012 by admin

Manufacturers of every type of product have certain duties to customers which include making sure that the products are safe to use. When a product is not safe, injury can result. However, many times a manufacturer puts profits first, not the well-being of the consumer. Dallas Texas residents injured by products need to seek the help of a Dallas product injury attorney to make sure they get the compensation they deserve. People needing product injury lawyers must act fast, because there is a statute of limitations for how long an injured person has to file an injury lawsuit. An injury attorney will help, walking the injured person through the legal tangles. When looking for an attorney, the injured person should keep in mind that most of these lawyers specialize in types of product injuries, so he/she needs to do some research into what a local Dallas product injury attorney will be right for him/her.

Many times, product injury cases involve automobiles. One of the biggest categories of automobile product injury cases involves defective child restraint systems and seats. The automobile seat for a child is the most important piece of equipment that parents own: the lives of children are at stake when it comes to faulty equipment. No one should suffer a product-related injury, but somehow it seems even worse when children are involved. The most common flaws in these seats, flaws which can result in injury or even death, relate to shells that are not strong enough to withstand impact. Other flaws include materials that are flammable and faulty harness systems. To reduce the potential of children in car seats being injured in an accidents, parents should use the seat facing the rear, and they should keep their child in the seat as long as physically possible.

Another big class of product injury requiring the help of a Dallas product injury attorney involves malfunctioning air bags There are three ways airbags can malfunction, causing injury or even death. First, the airbag may fail to deploy at the moment of impact. Also, air bags may release toxic chemicals from the improper filtration of gas inside the airbag: these chemicals can burn a person’s face and neck. Also, the airbag may deploy without sufficient cause. The airbag is not a cushion, and collisions with it can cause injury. In a real accident, the pain of contact with the airbag is better than what might have happened; when an airbag deploys without cause, serious injury can result. If the driver is not injured by the airbag, he/she may be injured in an auto accident that results from the driver not being able to see because of the deployed airbag.

In addition to faulty child safety seats and airbags, defective seat belts are a major cause of auto-related product injuries. Like child safety seats and airbags, faulty seat belts may injure or even kill people they are supposed to protect. Common defects with seat belts include false latching and flaws in the materials. Sometimes, a seat belt appears to be fastened properly—many times even making the familiar clicking noise—but the seat belt may become unlatched at the moment of impact. Also, seat belts may have flaws in their material. If the seat belt has any weakness, it can rip or tear under the force of the collision. Again, lawyers specialize in the kinds of cases they are expert for—so the person injured in an auto-related product malfunction should seek the help of Dallas product injury lawyer who specializes in product injuries related to autos.

Like injuries caused by faulty child restraint seats, injuries resulting from dangerous toys are particularly heart-breaking. Toys may contain poisons, and they may also have small parts that cause choking accidents. An organization called WATCH—World Against Toys Causing Harm—is dedicated to making sure that toys are as safe as possible. They also work to insure that manufacturers are held accountable for the safety of their products. Every year, the Boston-based organization releases a list of the ten most dangerous toys. The 2011 list includes “Twist ‘n Sort” and “Fold and Go” trampoline. “Twist ‘n Sort” is made up of bright geometric blocks, but it has pegs that can detach, posing a choking hazard. “Fold and Go” trampolines are sold in toy aisles for children as young as three years old.

There are many other types of product injuries requiring the help of a lawyer. A person would not think that denture cream and window shades can cause injury, but they can. Fixodent and Poligrip denture creams have an overload of zinc, and too much zinc can result in zinc poisoning, which can be fatal. Window shades can also cause injury, especially the Roman type. With roll-up blinds, children can get caught in the cords and suffocate. Since 2001, three people have died from window shades. With the Roman style, however, there have been five deaths and 16 near-suffocations since 2006. Of course, a big percentage of product injuries involve unsafe drugs, which can result in injuries ranging from diabetes to heart problems, sometimes fatal.

Each year, thousands of people are injured or killed by faulty and dangerous products. Product injuries should not happen at all, but when they do, injured people need an experienced lawyer on their side who will fight for their rights. Injured people in Dallas should seek the help of a Dallas product injury attorney, remembering that lawyers specialize in the kinds of injury cases they are best at. Many times, there are class-action lawsuits that people can join against manufacturers of faulty products. In a class-action suit, a large group of similarly affected people bring a claim to court. This U.S.-originated tactic is not without criticism: sometimes, when the financial reward is split among many people, each person is bound to a low settlement. Whether it is a single case or a large class-action suit, only a lawyer can help people through the jungle of legalese to get the compensation they deserve.

Dallas County Car Crash Statistics

Posted on January 4, 2012 by admin

Do you know how many car crashes occur in the city of Dallas located in Dallas county Texas each year? How many of those car crashes involve a driver or passenger getting seriously injured? How many of those car accidents becoming fatal? How many fatal car crashes occur in Dallas Texas each year?

The Texas Department of Motor Vehicles keeps car crash statistics each year and posts them on their website for everyone to view.

Let’s take a look at some of the car crash statistics for the city of Dallas in Dallas county Texas for the year 2010.

Within the city of Dallas and the surrounding suburbs there was almost 36,000 car crashes in 2010. Just over 18,000 of those were non injury wrecks. These were just minor fender benders where no one was injured. Over 1600 car accidents were of unknown severity.

This leaves just under 18,000 car crashes where someone was injured – seriously injured and non seriously injured.

There were 168 fatal car crashes leading to 181 fatalities in Dallas county in 2010.

These data show that If you are involved in a car crash, there is approximately a 50% chance that you will be injured in the accident.

The leading causes of car accidents in Texas are failure to control speed and inattentive driving – distracted driving. These could be your drivers eating, texting, talking on the phone, posting to Facebook while driving, putting on makeup, etc – all distracted driving that can lead to an untimely death.

Practice safe driving habits – keep your eyes on the road, keep your hands on the wheel at all times and obey the speed limit.

You can avoid being the next car crash statistic for Dallas county Texas.

Dallas personal injury attorney – Why hire the services of an injury attorney?

Posted on December 14, 2011 by admin

When people are victims of severe and minor injuries, such experiences can lead to long lasting and sometime lifetime traumas and painful and long recovery. In some instances people may never totally recover from their injuries. Besides, these incidents can lead to loss of work, financial problems such as indebtedness and loss of income and other health, financial and social consequences. These effects can be either short term or medium term or long term. But whatever their duration, it is difficult for people to accept their situation especially when the injuries were caused by a third party.

Injuries are not always the resultant of personal inattention. They can also result from another’s negligence or deliberate actions. The responsible party can be either an individual or a collective such as a health institution, government or private company. In instances whereby a person has been injured and seeks reparation and monetary compensation for the injuries incurred, the claimant needs to seek the services and advice of a personal injury attorney. If a person living in the United States of America is suffering of injuries caused by a third party, he or she has the right to seek reparation and monetary compensation. In Dallas Texas, there are personal injury attorneys that people can hire to handle their case.

Hence, a person living the State of Texas can employ a Dallas personal injury attorney to handle his or her personal injury case. Whether the injuries were caused by either a car accident or medical malpractice or fraudulent practice or malicious prosecution or false imprisonment or negligent behavior or are related to work, personal injury attorneys in Dallas and all over the world are there to project the rights of citizens who have been wronged and victimized.

A Dallas personal injury attorney is a legal professional at the service of all citizens. In brief, the duty of a personal injury lawyer is to provide representation to people who claim to have been wronged and injured emotionally, physically and psychologically. The injuries may be the resultant of misconducts, negligence and wrongdoings of either another person or group of persons or an entity. The lawyer is there to inform the claimant about the legal provisions relevant to his or her case and advise the victim about the various legal alternatives available to him or her.

All people are entitled to physical and psychological integrity and therefore the laws, in almost all countries, provide for the protection of the citizens’ rights. In instances of injuries, one of the duties of the lawyer is to inform the claimant about the legal provisions for the protection of his or her rights and for the latter to seek reparation and monetary compensation for the breach of his or her rights and the resulting injuries and damages. The law regarding personal injury covers a wide range of physical and psychological injuries but it is worth noting that compared to physical injuries, psychological ones are more difficult to prove given that usually they do not leave visible and physical traces.

Hence, when claiming monetary compensation and reparation for personal injuries, there are many factors that are taken into consideration when determining the worth of the injury claim. Usually, a victim is entitled to compensation for: medical expenses, loss of work and income, medical expenses related to the injuries, pain and suffering, trauma and other related damages and losses. It is the duty of the lawyer with the assistance of experts and based on similar cases to establish the worth of the compensation.

It is the civil right of a person who is suffering injuries to hire the services of a personal injury attorney. A Dallas personal injury attorney and other lawyers have various responsibilities towards their clients that are set forth by States and state bar associations. These responsibilities cover professional codes of conduct and ethical rules. Hence, when hiring the services of a lawyer, people should make sure that the former strictly adheres to these legal principles and ethics. To make sure that people are employing the best lawyer, there are other elements that they can take into consideration such as:

Since the law is often subject to changes and hence to reinterpretations, people should make sure that they lawyer is knowledgeable of recent law changes
It is important that the attorney has a positive track record and is licensed
It is best for people to hire a personal injury lawyer that has past experiences in handling injury cases similar to theirs. For example, if the injuries were incurred by medical malpractice it is in the best interests of people to employ a lawyer that is experienced in such law suit than one who is specialized in road accidents
People should make sure that the lawyer who will represent them will personally treat their dossier and do in-depth research and not ask an assistant or a trainee to do so. It is common practice for some lawyers do ask an assistant to do all the research work
When people hire a lawyer they should get a guarantee that the latter will not in the middle of the case, pass on the dossier to another colleague who is not familiar with the case

Hence, a person who is suffering of personal injuries should seek the advice and the services of a personal injury lawyer to fight for his or her rights. An attorney has all the knowledge in tort laws, expertise, qualifications and skills to ensure that the claimant will get reparation for all the torts caused and win a settlement to which he or she is entitled. People should not undermine their personal damages that are real ones. They should not suffer alone in silence and bear the burden of injuries caused by others. It is their civil and human rights to seek reparation and monetary compensation for their sufferings and loss of physical and psychological integrity. It is the responsibility of personal injury attorneys to assist and fight for them to ensure better and decent living to victims.

Dallas Federal Criminal Attorneys

Posted on December 7, 2011 by admin

Accused of a federal crime? That sure can be a stressful situation. It’s stressful enough if you are charged with a crime within the State of Texas, but what if you have been accused of committing a federal crime and are facing some serious time in a federal prison?

Do You Need To Hire A Dallas Federal Criminal Attorney?

Well, you will need to hire a lawyer who can defend you in court and the best attorneys you can get to your defense must always have influence in the courts. What is even scarier is if you have been accused of a serious felony when you never did anything. This is quite a frightening situation and in many cases a plea bargain can give you a lesser sentence, but you might still have to do time.

Well, if you live in the Dallas Texas area, you can find a large pool of qualified defense attorneys who can defend you in state and federal criminal cases.

Before we review a few good Dallas federal criminal attorneys, you want to find out whether you have been charged with a state or a federal crime. There is a big difference. A state crime is a crime that is committed within the jurisdiction within a state. This means that if you are charged for a state crime in Texas, you will be charged in a Texas courthouse, typically in the county where you were charged of a crime. A federal crime, on the other hand, is nationwide and is a crime that is committed within federal jurisdiction. The federal jurisdiction can depend on the type of crime committed. If a kidnapping takes place and the victim is transferred over state lines, then it becomes a federal crime, but if the victim remains within one state, then the crime is in the jurisdiction of that particular state. The same things apply to drug charges, murder, and theft. If stolen property was transported over state lines, or drugs, then the crime becomes under federal jurisdiction and falls under the category of a federal crime.

There are other crimes that are strictly federal crimes. These crimes can include tampering with the mail, importation and customs violations, immigration violations, money laundering, computer and internet crimes, mail fraud, etc. Typically, local crimes are investigated by either your local police department or your county sheriff’s office. On the other hand, federal crimes are covered by a wide variety of federal agencies. Drugs are typically investigated by the DEA, or the Drug Enforcement Agency, the US Marshals, or the FBI. Sometimes these three organizations collaborate together in investigating or solving drug related crimes. Crimes involving the mail are usually investigated by the US Post Office and the FBI. Kidnapping, theft, and murders which have crossed state lines can involve the FBI, the US Marshals, and various local law enforcement agencies.

You need a lawyer who specializes in federal criminal law to defend yourself against a federal charge, since everything is different. The courts are different, the laws are different, and penalties can be much more severe in a federal criminal case than in a local case.

Federal courts and detention facilities can be much farther from home than the local county courthouse and jail. These are all things to think about before you look to retain a criminal defense attorney. Bail can be another issue to deal with in both local and federal crimes. Federal arrests also carry bail, but they can be much higher.

Now, let’s look at some good Dallas federal criminal attorneys to consider if you are charged with a federal crime and possibly face some serious time in a federal prison.

The first law firm that comes to mind is the John Teakell Law Firm, located in the center of Dallas, this law firm is headed by Attorney John Teakell. Why would you want to look up this law firm if you are in Dallas and have a serious federal charge? The answer is quite simple if you look at this attorney’s website. His experience alone is quite impressive. Being a former federal prosecutor turned to a criminal defense attorney, he knows federal criminal law inside and out. Mr. Teakell has even more credentials that make him a good attorney to hire if you are charged with a federal crime.

Mr. Teakell has worked in the federal system for over 12 years and is a very aggressive attorney. This is important. When you are charged with a federal crime, your freedom might be at risk for quite a long time, so you want to hire an attorney who knows how the federal courts work, what arguments prosecutors make to win the cases for the government. Being a former federal prosecutor himself, he can provide a good challenge to the most seasoned prosecutor.

Another powerful criminal law firm in the Dallas metropolitan area is the Kearney Wynn Law Firm. This law firm does both state and federal law cases, but they also do more. Along with providing sound criminal defense, this firm also does post-conviction writs, which deal with Habeas Corpus. Habeas Corpus basically states that you cannot be imprisoned until convicted and founded guilty by a jury of your peers. Along with 30 years of experience in criminal defense, the firm also has experience in appeals of both state and federal criminal cases. Furthermore, if you are involved in a criminal case which has gotten lots of media attention, this firm might be the right one for you, since they also have experience with high profile criminal cases and know how to deal with the mass media.

The Ben Florey Law Offices can also be a good candidate when it comes to finding a good defense attorney for a federal criminal case. Though they may not have the experience in the federal system as the other two above mentioned law firms have, they do also have some experience in the prosecution. The firm serves in all Texas and federal courts. The website does go into some detail of their area of practice, but they can be a good choice.

There are many other Dallas federal criminal attorneys, but you should do your research before consulting an attorney. You need to remember, if you have a federal charge, that can be more serious than a local charge in Texas.

Dallas Medical Malpractice Attorney – Get Help With Surgical Errors Or Injuries Due To Medical Negligence

Posted on December 3, 2011 by admin

One of the most harrowing and difficult times in a person’s life is whenever you have to undergo any kind of medical surgery or procedure. No one likes being ill. It is worse yet when you are ill, and you do not receive the correct level of treatment that you deserve and are entitled to. It can make you worse and make life seem impossible, especially in the midst of your weakened state. If you have been the victim of unethical or irresponsible medical practice, you need to contact a Dallas medical malpractice attorney immediately.

There are many different kinds of personal injury attorneys and choosing the correct one is a very important decision. For a medical malpractice personal injury, you need to make sure you find an attorney who specializes in medical malpractice law, surgical errors, or medical negligence cases. Many of these attorneys have backgrounds in the medical field and have staffs which know the specific terminologies of medicine therefore can best illustrate to a judge or jury the specific type of malpractice injury you have sustained. They will be able to this in a clear and efficient manner. They will advocate on your behalf and fight for your rights to make sure you receive adequate compensation for the malpractice perpetrated against you.

Get help from a Dallas medical malpractice attorney when you are injured from a surgical error or medical neligence

Going through surgery and/or a prolonged illness is one of the most difficult times you can endure. This is why if you have been the victim of malpractice you need someone who has the expertise and experience to insure you receive a fair decision or settlement. Unethical doctors or overworked medical staffs are human beings and they do make mistakes. People will cut corners to try and save time and or money. It is your health and well-being that is at stake when professionals do not do their jobs correctly and you should be compensated for these errors.

It is difficult sometimes to feel bad or to wish harm to those we entrust to care for us. If you have any reservations about doing so, this is perfectly human and understandable, but it is also denying yourself the right to be compensated for their mistake. You have the right to be dealt with in a humane manner with quality. Medical malpractice is a violation of those rights. It is about being reimbursed monetarily for the pain and anguish you and your loved ones suffer because your condition has been made worse or exacerbated by people who did not correctly do their job. It is merely an insurance that you are taking the appropriate measures to have what you are owed by these people. It is not your fault when a professional is careless or negligent.

You are important and have people who depend on you every day. This is true at your job and in the world at large. These people as well as yourself have been at least inconvenienced and at worst have downright suffered because you have not been treated fairly. If you can do something to make this right and relieve some of your suffering as well as theirs you should do everything in your power to do so. The first step you can take down this path is by hiring a Dallas medical malpractice attorney.

Doctors have a very important and powerful role in our society. Life and death is quite literally in their hands every day. They have one of the most important jobs it is possible for a person to be entrusted with. This is why we have to hold them to a high standard of accountability while they are performing their duties and make sure they are held responsible when an injury occurs as a direct result of the violation of that trust. If your trust has been violated by a doctor or another medical professional, you are especially worthy of compensation as a direct result.

There are many kinds of injuries and many procedures that can be performed. Dallas medical malpractice attorneys know the specifics of these injuries and how these procedures are supposed to be carried out. Therefore they are the most qualified to ascertain exactly how a medical professional did not correctly do their job if you have suffered injury or extended illness beyond what was expected. It takes that understanding and that technical expertise to explain to a court exactly what has happened and how much liability exists to determine what the expected level of compensation is for your illness and/or injury. By insuring doctors do their jobs, medical malpractice attorneys actually are a necessary balance to the medical community.

You need compensation when you are harmed from a botched surgical procedure. This is not greed or vengeance guiding you down this path. This is merely correcting a wrong that you have suffered. It is your right to do so. When you do it is absolutely necessary to have someone who is in the most suitable position to stand up for your rights and fight on your behalf. A Dallas medical malpractice attorney is ideal. They not only know the court systems, they also have an extensive knowledge of the medical industry and the local physicians and medical staff at many of the hospitals in their area. They use this knowledge to best determine the appropriate course of action and the best way to go about advocating for you and getting you what you deserve when you have suffered.

Timing is also important in the decision to hire an attorney. The further removed you are from the illness and the procedure; the harder it is for third parties to see the effects of the malpractice. Therefore you should take action as soon as you are able in order to insure the best results for yourself. This will result in a quicker resolution for yourself and a better chance to get the compensation you deserve. After all, why should you suffer any longer because a doctor or medical professional did not their job correctly and made you ill and made your injury worse than it could have been? Get in contact with a competent Dallas medical malpractice attorney today with a free confidential consultation.

Dallas Defective Product Attorneys

Posted on November 28, 2011 by admin

We have become a nation of lawyers and Texas is no exception. There are lawyers for almost everything ranging from liability of products to criminal and civil attorneys. When you are running a business, it is highly recommended that you hire an attorney that you can consult for a wide variety of different things ranging from contracts and dealings with lenders and investors, product liability and worker’s compensation. What I have mentioned are only a few of the many things the typical business needs an attorney for.

Likewise, as a consumer, you might also want to consult with an attorney if you have purchased a defective product, especially those products that are classified as a lemon. What exactly is a lemon? A lemon is a term that is used to describe a defective product that is just the bad one out of the lot. This is often referred to with buying cars or big ticket electronics. For a product to be classified as a lemon it has to constantly have something wrong with it and must have been in the shop on a regular basis and there is always something that is breaking down. For example, let’s look at a lemon car. What are the common problems that a lemon car faces that a regular car does not have? Well, the list can be a long one, but just for the sake of explaining the lemon, typical complaints of a lemon car is that there could be weaknesses in the chassis that can cause important parts to constantly fall off, such as the muffler, the transmission and so forth. Though I do not know much about cars, but you get the picture.

What do laws in Texas say about defective products?

Basically, many of the laws regarding defective product in Texas mirror similar laws in other states in the Union. Typically, the basic language of Texas defective product law states that a defect has to be either determined as a design defect or as negligence on the part of those on the manufacturing line.

If you live in Dallas, and you have a seriously defective product and you want to be compensated from the company from which your product was purchased you have a wide variety of Dallas defective product attorneys to choose from. Many of these law firms provide free consultations and you can also get a wealth of information from their individual websites.

For example, let’s see what one of the top Dallas product liability law firms, the Goolsby Law Firm, has a beautiful website with an informational page that explains everything. Just to highlight a few things that the Goolsby Law Firm has on its website about defective products is first what is in Federal and Texas State laws concerning the issue. One of the key things that this law firm’s site states is that as far as the Federal side is concerned; the US Consumer Product Safety Commission or the USCPSC is responsible for defective products.

The same site also shows that defective products can also compromise your personal safety as well as the safety of people around you. Now, how does the Goolsby Law Firm come to your aid if you find that you have a defective product? Basically, if you look at the law firm’s attorney profile, the chief attorney of the firm, Atty. Mike Goolsby, has vast experience in criminal and defense law. He has a great educational background that is all described in the profile.

The Goolsby Law Firm is not the only Dallas defective product attorney with a great deal of competence. Dallas has many other attorneys who deal in defective product law. Another law firm that is well established in Dallas is the LaBlanc Law Firm which advertises itself on its website as “the Dallas Defective Product Lawyer.”

Let’s see what this law firm has to say and why they think you should hire them to represent you in a defective product case. Let’s examine their website and see what they say. By browsing through their website, you will quickly see that the LaBlanc Law Firm has a wide range of experience that is quite comparable to the above mentioned Goolsby Law Firm.

Besides defective product law, this firm is also experienced in medical malpractice, premises liability, truck and automobile accident liability, nursing home malpractice, and more. The experience of the attorneys of this law firm is quite impressive, but what about product liability.

What can a Dallas defective product attorney do for you?

When you look at the LaBlanc Law Firm’s website under the link linking to their product liability page, you will see a clear definition of what product liability is. The site continues to describe the definition as product liability as the attempt of a consumer to seek compensation for injuries or any other harm that is caused by a defect in product design.

The firm’s site continues by stating that under the legal definition of product liability, any given company may be held responsible for harm or injury caused in any kind of defect in the product. This could be a design defect, an assembly defect, or any other kind of relevant defect.

As far of this firm’s attorney profile, the site goes on to show its founding attorney, Jonathan LaBlanc, who has over 14 years of experience in personal injury law, which includes defective product liability.

There are many more competent Dallas defective product attorneys, but the two main ones were covered here. Though retaining an experienced and convincing attorney is key to winning any legal case, what do you need to look for in a defective product lawyer? Basically, you should do some research before retaining an attorney. First, what is product liability and do you have a case? When looking at the legal definition of product liability, both law firms covered here do a good job in describing it. Any lawyer you want to retain for a defective product should have the same if not similar knowledge and experience.

Just knowing whether you have a case or not can save you a whole lot of money. Lawyers are not cheap but many of them do offer free consultations. Take advantage of those consultations. However, don’t just rely on those consultations. Though they are helpful, it’s always good to do your own research also.

With the right tools, you will have good Dallas defective product attorneys and you will more than likely win your case.

Dallas Wrongful Termination Attorney

Posted on November 22, 2011 by admin

Employees in Texas are at a disadvantage when it comes to being terminated because the employer holds most of the cards. Texas is an At-Will state, meaning that an employer can terminate or fire you for no reason at all. You could show up for work one day, be told you’re fired with no explanation and that’s it. But wait. There is something called wrongful termination and there are Dallas wrongful termination attorneys that specialize in these cases.

What is a wrongful termination?

While an employer can fire you at will, there are laws that protect workers from being fired for “wrongful” reasons. A number of these reasons have to do with discrimination. An employer can’t terminate you because he or she doesn’t like your color, race, national origin, religion, sex or age. For example, let’s say that worker “A” is 60 years old and unable to lift more than 50 lbs. If worker “A’s” employer fires him because he cannot lift 75 lb. bags of concrete, that would be a wrongful termination.

Disabilities and wrongful termination

The Americans with Disabilities Act (ADA) makes it equally wrongful for an employer to terminate an employee due to a disability. This act even includes what’s called an “associated” disability or a person who is associated with a disabled person – a wife, child, husband or other close relative. An example of this would be an employee who must take time off from work to pick up her disabled child at school. Her employer could not terminate her for this reason, as she would have an “associated” disability.

Other wrongful terminations

Were you terminated because you chose to serve on a jury after your employer told you that you couldn’t have the time off? This would also be a wrongful termination. You cannot be fired for taking state military leave – for example, if you were called to active duty in the National Guard – nor can you be fired for taking time off to vote. Both of these would be wrongful terminations. Last but certainly not least; if you are a public employee, you cannot be terminated if you become a whistleblower.

What to do if you are wrongfully terminated

If you believe you have been wrongfully terminated, your first step might be to file a claim with either the Equal Employment Opportunities Commission (EEOC) or the Texas Human Rights Commission (THRC). If you choose to file with either of these agencies, your complaint will be investigated and if it is found valid, the agency will attempt to arbitrate the issue between you and your employer.

Why hire an attorney

You actually do not have to file a complaint with either of these agencies. You can hire a Dallas wrongful termination attorney instead and sue your ex-employer in a civil action. Even it you file a complaint with either the EEOC or THRC, you may want a Texas wrongful termination attorney to help you through the process, to answer any questions and to help make sure you are treated fairly. Finally, if you are not happy with how the agency resolved your case, you can then hire a wrongful termination lawyer and file a lawsuit against your ex-employer.

What you can expect to receive if you are wrongfully terminated

If you sue your ex-employer, successfully you may be able to receive compensation for stress and suffering and lost wages. You may be able to get what are called punitive damages, as well as your attorney’s fees and court costs. If you want your old job back, you may also be able to get it, along with a reinstatement of your benefits.

If you believe you were wrongfully terminated due to discrimination or for any of the other reasons described above, you don’t have to stand for it. A Dallas wrongful termination attorney can help you get what you deserve, even getting your job back if that’s what you want.

Dallas Consumer Attorney

Posted on November 19, 2011 by admin

Texas has a number of consumer protection laws that can help you if you are the victim of fraud or unscrupulous business practices. However, the laws regarding consumer issues are complex enough that you may want to talk with a Dallas consumer attorney – to better understand the law and your rights.

Here, for example, are just a few of Texas’s many consumer laws where you will probably need the help of a Texas consumer lawyer.

The Texas Lemon Law

Suppose you purchase a new vehicle that turns out to have defects. You make four or more attempts to get the defect repaired but they are all unsuccessful. If this occurs within the first 12 months or 12,000 miles of ownership, you may be able to take advantage of the Texas Lemon Law and either get your money back or a new vehicle.

If safety is involved

Did you know that in Texas, if the vehicle’s defect creates a safety hazard–that is, a life threatening defect that could cause the car to catch fire or go on a control, you will need to make only two or more unsuccessful repair attempts before you can take advantage of the Lemon Law.

What happens with a used vehicle

It is important that you thoroughly inspect a used vehicle before buying it because the only warranty you will get is either one that’s provided expressly by a dealer or if there is a manufacturer’s warranty that hasn’t expired yet. However, you should know that it is illegal for a dealer to sell you a vehicle based on false or misleading statements such as failing to disclose information about the car, which if you knew, would cause you to not buy it.

Vehicle repossession

If you buy a car on credit and failed to make the necessary payments, the creditor can enter your property and seize your vehicle at any time and without prior warning or your consent. Your creditor can then keep your car as compensation for the unpaid debt or can resell it. In either case, your creditor must inform you because you have the right to demand that the car be sold and that any money received from the sale above what you owe be returned to you.

Telemarketing fraud

Fraudulent telemarketers have become a billion-dollar business. He or she may call you with some sort of fictitious product or prize or may make unauthorized charges or withdrawals against your account.

Debt collection

Texas has some very specific guidelines regarding what debt collections can and cannot do. For example, they cannot falsely accuse you of fraud or other crimes, cannot threaten to use violence to collect the debt or repossess or seize your property without proper court proceedings.

Texas law protects you against other unscrupulous practices such as home solicitations. However, it is difficult to pursue claims under the Consumer Protection Law without the help of a Dallas consumer attorney. You wouldn’t go bear hunting with a penknife and you shouldn’t try to pursue a fraud claim against a tough opponent like a car dealer or debt collector without a good Texas consumer lawyer.

What a Dallas consumer attorney can do

When you feel that you’ve been the victim of deceptive acts, misrepresentation regarding product performance, a bait and switch scheme, high-pressure sales tactics or any form of consumer fraud, contact a Dallas Texas consumer lawyer. He or she can help you go after the company that defrauded you or, if necessary, file a lawsuit against the company. There are no guarantees you will be able to get your money back or punitive damages but the odds are much greater when you have the help of a Dallas consumer attorney.

Dallas Texas Employment Attorney

Posted on November 17, 2011 by admin

You know times are tough. Job opportunities are scarce. Texas has not been hit as hard as most other states but it’s still pretty bad. Workers are being laid off or having their work hours reduced. If you have been fired or “downsized,” there may be good reasons to talk with a Texas employment lawyer to check if your firing or hour reduction is legal. You may also think about consulting with a Dallas employment attorney if you feel you have been given an unfair workload, have been denied a raise or promotion you deserve or have been denied a job transfer or have been the victim of employment discrimination.

Texas is an At Will state

Because the state of Texas is an At Will state, you can be terminated for any reason so long as it is not illegal or discriminatory. In fact, your employer doesn’t even have to give you a reason for terminating your employment. However, Texas law says that you cannot be fired due to your age, sex, religion, race, and national origin or because of a disability.

Employers are also not allowed to terminate you or discriminate against you due to pregnancy. In addition, it is illegal for an employer to consider your age, sex, race, religion and so forth in respect to giving you a promotion, a job assignment, or in giving you a raise.

You also cannot be terminated for refusing to break the law, for filing a safety or discrimination claim, for taking leave under the Family and Medical Leave Act or for reasons not contained in your employment contract (if you have one). Also, your employer cannot fire you if it is not following its own stated policy or procedures.

The Importance of an employee handbook

You cannot know whether or not your employer is following its own policies or procedures unless you have the company’s employee handbook. In the event you feel you are likely to be terminated or are being discriminated against, make sure you get a copy of your employee handbook as you may need it to successfully pursue your complaint.

What to do if you have been discriminated against

When you feel that you have been discriminated against in your job or have been unfairly terminated, you will need to file a complaint with the Texas Workforce Commission Civil Rights Division (TWCCRD). This is the commission that enforces the Texas Commission on Human Rights Act and may have jurisdiction to act on your claim. You can come to its offices at 1117 Trinity Street, Room 144T in Austin where you will be assigned an Investigator. She or he will help you prepare the claim and will discuss what you need to do to file it and how the complaint will be investigated.

As an alternative to this, you can call the TWCCRD offices and discuss your claim with an Investigator. You can also get what is called an Intake Questionnaire, fill it out, take it to a notary public, sign the form and mail the notarized version to the TWCCRD. If you choose to do this, be sure to keep a copy of the form.

Why you need a Dallas Texas employment attorney

You can handle your discrimination complaint yourself. However, it might be smart for you to arrange to see a Dallas employment attorney. He or she will be able to answer any questions you might have about how your complaint is being handled and arbitrated. Also, if you are unhappy with the way TWCCRD handled your claim or if you disagree with its final ruling, you can sue your employer in civil court. And you will definitely need a good employment attorney to do this.

If you are discriminated against at your job or have been illegally terminated, there are ways you can get justice – especially if you get hire a Dallas employment attorney.

How You Can Help Your Dallas Auto Injury Attorney

Posted on November 16, 2011 by admin

When you are involved in an accident you need to get a Dallas auto injury attorney, who is not only experienced but also has a good track record. One thing you need to keep in mind is that while the attorney is responsible for handling your case, there are a number of things you can do to help them make the case more successful and you will get the compensation you deserve.

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When you are with the auto injury attorney, it will do you good to tell them the whole story. Do not worry about the story leaking out to the public because you are protected by the attorney-client privilege. The lawyers are required to keep all the information they have received from their clients in strict confidence. You should therefore not omit any aspects of the story whether it is embarrassing to you or it puts some blame on you. Answer all their questions truthfully and give as much details as possible. Failure to do this will only put the lawyer at a disadvantage especially when they hear the details from the other party’s lawyer. For this reason, you are advised to ensure that you have selected a auto injury attorney with whom you are comfortable with as this makes it easy for you to communicate with them.

One of the many mistakes that people do is discussing the case with other people, besides the Dallas auto injury attorney. You are advised this as the insurance companies may change what you have said and use them against you in the case and this may end up reducing the compensation you receive. With the popularity of the social media sites, it is recommended that you put a hold on your posts and updates because they might also be used against you in your case. With this in mind, try as much as possible to keep the details of the case to yourself and only contact your car injury attorney when you want to talk about it.

Since the case will come with a lot of paper work, it is important that you supply all the necessary documents required on time. These documents include the medical documents, insurance and others and to help you in this, you must ensure that you have collected all of them in advance. Giving the lawyer the documents on time will make the case progress easily and at the same time reduce the time taken for the case to be closed.

Listening to the attorney is a vital thing to do. They will provide you with the necessary details which will help you maximize the benefits that you are to receive. It is therefore important that you make sure that the lawyer you have chosen is experienced and knowledgeable on law matters in the state. It is also important that you ask questions in order to understand how the case is progressing. In case the Dallas auto injury attorney has said something that you do not understand, ask for clarification and confirmation because assumption may negatively affect your case.

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