11 Jun 2013

Giving Time to Friends Who Lost a Loved One

As we get older it is inevitable that we will know someone who has lost a loved one – in an accident or otherwise. We often feel inept at helping them through their suffering – and certainly it is advisable that they seek professional counseling from a certified psychologist, psychiatrist or grief counselor. But there are things you can do as well. Consider the following:

*The greatest gift you can give a grieving person is your time. Realize that there is no ‘correct’ way to grieve so do not be judgmental – simply offer an empathetic ear.

*Realize that there is no grieving ‘timetable’. A person will likely never recover fully from the loss of a loved one but in time they may return to some semblance of their prior existence. It is not your place to pressure them to ‘get over it’ or ‘move on’. We cannot know truly what a person is going through – we can just ‘be there for them’.

*Be accepting of any and all emotions the person wishes to express. They may be ‘angry’ at the individual for ‘leaving them’ or they may be feeling guilty that they survived when their loved one didn’t.

*Allow the grieving individual to talk about the person who has died. They will probably want to reminisce at length – this behavior is actually cathartic and can help a person come to terms with the death.
Encourage them to seek professional counseling as well – invite them to your church and give them the gift of your time – that is the best way to help a grieving friend.

Sometimes the best thing we can do for someone hurting is listen with an empathetic ear and be there for them in their hour of need.

 

Greg Baumgartner helps families who have lost a loved one seek civil justice.

29 May 2013

Transparency in Texas Elected Officials

 

 

Transparency or accountability for Texas elected officials is a key component in the most important aspect of public service, public trust. Elected officials not only should avoid conflict situations but should avoid even the appearance of an impropriety.

 

By providing the most information regarding elected officials, the public trust will be forthcoming because of the transparency and availability of important information such as business deals and financial ties.

 

It is critically important that our elected officials not only avoid conflicts of interest but show the public by virtue of access to financial information that there is no appearance of impropriety. One part of the equation is public awareness of those who have supported a politician or a Texas elected official so actions by that official can be judged on an even scale.

 

If  the public is unable to learn the real identity of donors and supporters then the public will never be able to balance elected officials actions with actions for those who have paid to support them. Opponents of transparency in elections often use a “free speech” argument that disclosure or transparency would prevent some from participating in the political process. That argument will not hold water.

 

Transparency or disclosure of financial contributions  is necessary to obtain the public trust in our elected officials. Hiding campaign contributions and the true identity of donors is a step in reverse. It is shocking how many elected officials talk a good game and love to speak of “personal responsibility”,  “transparency”, and even “full disclosure” only to oppose actions to require real transparency in Texas politics.

 

The overriding argument is that the more information that Texas families have the better their choices will be in selecting government officials. The less information Texas families have the less informed their choices and clearly Texas suffers.

 

About the author:

Baumgartner Law Firm 6711 Cypress Creek Parkway Houston, TX 77069
(281) 587-1111

06 May 2013

Auto Accident – Property Damage Claims

 

 

If you been in an automobile accident that was not your fault, dealing with the other insurance company can be very painful regarding your property damage claim. Not all insurance companies are difficult to deal with, but many are difficult to deal with.

 

First of all, dealing with the adverse insurance company regarding your property damage should occur sooner rather than later. If your vehicle has been towed, you may want to move the vehicle to avoid storage charges adding up. Many of the storage lots charge exorbitant fees to store your vehicle.

 

On cars that can be fixed, choose a repair facility that you trust and or that has been recommended to you through friends or family. Let the repair facility deal directly with the adverse insurance company regarding your repairs. Repair companies do this every day and are equipped to do so. Most likely you are not.

 

If you’re car or pickup truck has been declared a total loss, do not forget to add tax plus title and licensing fees on top of the reasonable value of your vehicle. The best way to negotiate a reasonable and fair deal regarding the value of your vehicle is to be prepared with facts from such sites as the “blue book” or other published data that shows the value of your vehicle.

 

Unfortunately, in Texas, the insurance company for the person who wrecked your car does not have to pay attorneys fees in addition to the value of the car. They only have to pay the fair value of the car or the repair of the vehicle and for loss of use.

 

If you find dealing with the adverse insurance company extremely difficult, and you maintain collision coverage on your own vehicle, consider filing a claim with your in own insurance company and let them seek reimbursement from the adverse carrier. Dealing with your own insurance company is usually a much less painful process than dealing with a third party insurance company. If you do that, make sure that you ask your insurance company to “sue for or collect your deductible” and you stand a very good chance of getting your deductible back from your own insurance company.

 

Most personal injury attorneys do not handle property damage claims because there is no way to compensate the attorney for the time and expense of handling the property damage claim.

 

Baumgartner Law Firm

6711 Cypress Creek Parkway

Houston, TX 77069

(281) 587-1111

26 Mar 2013

Mediation of an Injury Case

mediation is a process that almost all courts across the state of Texas will require prior to spending the court’s time in a trial of a case. The mediation process has been one that has increased in popularity over the last 15 years. Today it is a necessary tool by many courts to deal with a increasing case load on the trial docket.

 

Mediation can also be a very important learning event for a personal injury victim to hear how the case sounds from the defense perspective. In a mediation, the mediator is an impartial third party with training in attempting to get cases settled. Generally, what is said in a mediation is not admissible in a court of law in a civil action. The mediator will attempt to get both sides of the case to look at the case from the other side’s perspective and attempt to get a settlement that is acceptable to both parties.

 

For the personal injury victim a successful mediation means that they would not be subjected to the stress and uncertainty of the trial. For the insurance carrier, the mediation process provides a method of closing their file and capping their exposure in a matter. Both the plaintiff and the defendant benefit from a successful mediation and that the expenses of litigation stop. In the personal injury arena, the insurance carrier also has the benefit of not happen to pay its attorneys for preparing for trial.

 

The mediations are more often than not successful, many different strategies are employed by the parties in an effort to maximize their position. Some carriers even go to a mediation and then offer such a lowball number that settlement is impossible to achieve. Alternatively, there are many personal injury attorneys who price settlement out of the ballpark by demanding a number that can never, realistically be achieved at trial.

 

From a personal injury victims perspective it is often helpful to learn how the other side views the liability facts, the potential defenses and the plaintiff’s injuries and damages.

 

While mediation can be a very fruitful endeavor for many personal injury victims and allow them to move on with their life without worrying about the case, it is not a good practice to go into a mediation expecting to settle the case. A personal injury attorney really does not have control over what the insurance company does in mediation or what they offer pre-trial. In fact, more and more often, the defense attorney does not have much say in the valuing of the case. In some instances, insurance carriers have used computerized models as a way to reduce what they pay on claims and in those cases settlement is almost impossible.

 

Some years ago, Texas implemented what is called “tort reform” which had the unintended effect of actually increasing the number of lawsuits that need to be filed due to the claims handling practices adopted by many insurance companies. Often, when a insurance company low balls and innocent victim the person has little choice but to hire an attorney to help them have some chance of fairness.

 

About the author:  Greg Baumgartner is a Texas injury attorney and the founder of the Baumgartner Law Firm.

25 Mar 2013

Accidental Shootings

 

Wrongful deaths that are the result of accidental gun shootings are especially difficult for the victim’s family and the ‘trigger person’ and his or her loved ones as well. The point being that accidental shootings are examples of those ‘moments in time’ many wish they could take back. Often accidental gun shootings are caused when there is horseplay with a gun believed not to be loaded; alcohol is involved; the lock on the gun is not secure or the weapon has not been put away and out of the hands of someone who does not know how to handle a weapon.

 

The following statistics on guns and accidental shootings should help readers realize the extent of the problem:

 

GENERAL STATISTICS ABOUT GUN DEATHS

 

*In 2010, guns took the lives of 31,076 Americans in homicides, suicides and unintentional shootings.  This is the equivalent of more than 85 deaths each day and more than three deaths each hour.

 

*73,505 Americans were treated in hospital emergency departments for non-fatal gunshot wounds in 2010.

 

*Firearms were the third-leading cause of injury-related deaths nationwide in 2010, following poisoning and motor vehicle accidents.3

 

*Between 1955 and 1975, the Vietnam War killed over 58,000 American soldiers – less than the number of civilians killed with guns in the U.S. in an average two-year period.

 

*In the first seven years of the U.S.-Iraq War, over 4,400 American soldiers were killed. Almost as many civilians are killed with guns in the U.S., however, every seven weeks.

 

UNINTENTIONAL DEATH BY ACCIDENTAL GUNSHOT

 

In 2010, unintentional firearm injuries caused the deaths of 606 people.

 

From 2005-2010, almost 3,800 people in the U.S. died from unintentional shootings.

 

Over 1,300 victims of unintentional shootings for the period 2005–2010 were under 25 years of age.

 

People of all age groups are significantly more likely to die from unintentional firearm injuries when they live in states with more guns, relative to states with fewer guns. On average, states with the highest gun levels had nine times the rate of unintentional firearms deaths compared to states with the lowest gun levels.

 

A federal government study of unintentional shootings found that 8% of such shooting deaths resulted from shots fired by children under the age of six.

 

The U.S. General Accounting Office has estimated that 31% of unintentional deaths caused by firearms might be prevented by the addition of two devices: a child-proof safety lock (8%) and a loading indicator (23%).

 

This data was compiled by a reputable organization (the link is available below) that provided a wide number of resources in the works cited area of their report. Their aim is to encourage readers to delve further into the problem of accidental shootings.

 

Finally, an accidental shooting, no matter how regretful can lead to criminal charges, possible incarceration and the likelihood of a civil suit being filed – and won – by the victim’s family. In the end, gun ownership and handling always require an abundance of caution. 

 

Disregarding gun safety can lead to a lifetime of regret.

 

http://smartgunlaws.org/gun-deaths-and-injuries-statistics/

18 Mar 2013

What to do After An Accident

If you’ve been injured in an accident that was not your fault you’re some basic information would be helpful in evaluating what you should do next. While you’re at the accident scene, if you are able, make sure you obtain the name and contact information for any witness.

 

Many people make the mistake of assuming that the investigating officer will take all the necessary information from witnesses and incorporate that into their report. Unfortunately, that is not the case more often than not. Eyewitness information can be very important in a personal injury claim and supporting the burden of proof in a lawsuit.

 

Photographs of license plates of witness cars can also be used if you are unable to obtain the name and phone number of the witnesses. In a perfect world, officers record all the eyewitness accounts but due to time constraints and other issues many times that witnesses don’t get recorded and thereafter, it is extremely difficult to locate them.

 

Of course, you should also obtain the identity insurance information for the responsible party.  Additionally, it is important that you keep track of any statements made by the person who caused the accident. Admissions made at the scene such as “I’m sorry didn’t see you” or  ”it’s all my fault”, are generally admissible in a court of law. Do not assume that the responsible person will admit making a statement or even that his insurance carrier will admit liability for clear liability accident. It is absolutely shocking how many times someone is 100% responsible for an accident at the scene and later turned around and claims it’s not their fault.

 

Because most cell phones contain pretty good cameras these days, if you can take a few pictures of the location of the vehicles  in their final resting position that can be very helpful in establishing who is responsible. Additionally, photos of the severity of the impact – which show both vehicles can be important to document. It is much easier to do it at the scene than to try to track down and receive permission to photograph the vehicles in a wrecking yard.

 

Of course, you should obtain necessary medical treatment as soon as possible after an accident. It is also important to understand that emergency rooms are for emergency treatment. If you have a broken bone, the emergency room will probably treat that condition for you. However if you have other issues that can be dealt with the next day, the emergency room will most likely discharge you with instructions to follow up with another doctor. Following up with the physician is critically important to doubt only your good health but to document your injuries appropriately.

 

Do not make the mistake of believing that because you were discharged from the emergency room that everything will be fine. Frequently, people develop symptoms in the days following an accident that they did not initially notice, whether due to shock or pain medication prescribed at the hospital. Listen to your body, and follow up with a qualified doctor.

 

If your injuries don’t go away after a short period of time, consider following up with a specialist. Many general practitioners or chiropractors only are able to treat you for very minor injuries. Unfortunately, a lot of times, what is believed to be minor at first turns out to be something like a herniated disc. More specialized tests are required to determine whether you have ligament damage or disc damage. An MRI or a CT scan usually are necessary to document and discover more serious injuries that does not involve a fracture.

 

Consider speaking with a leading personal injury attorney prior to giving a statement to the defendants insurance carrier. The largest single mistake made by personal injury victims is to assume that the insurance carrier for the person who caused the accident will be fair with them.

 

Free Consultation Call Toll Free 1-866-758-4529

 

Baumgartner Law Firm  6711 Fm 1960 Rd W, Houston, Texas  77069   (281) 587-1111

24 Feb 2013

Early Investigation of A Fatal Accident

Hiring a personal injury attorney after a fatal accident is probably the last thing anyone wants to think about at the time. Unfortunately, it is exactly what a family should do to protect their financial future.

 

Often, how in a wrongful death attorney shortly after an accident can make a difference in how a court case proceeds. Critical evidence can easily be discovered when it is sought early on after the accident. Conversely, critical evidence can be lost, misplaced or  even intentionally destroyed if a large gap in time exists from the time of the accident until the time when law firm can get involved.

 

Many vehicles contain onboard computers or “black boxes” which contain such data as whether or not the driver hit the brakes, and the speed of the vehicle at the time of the crash. Such information in some cases can be vitally important, as you can be assured that the negligent driver will soon forget their actual speed and lack of evasive actions. In other cases, such as product liability ones, in a case may not even exist if the product somehow is lost or destroyed. Never forget, it is the burden upon the plaintiff to prove the defect in the product. Without the product that is almost impossible.

 

There are many other instances where a personal injury attorney can make a big difference when hired soon after the accident. Finding and eliciting information from witnesses is much easier when the information is fresh in their mind and they have not been “poisoned” by an adverse insurance company.

 

Further, the family should understand that the defense interests – primarily the insurance company will be hard at work looking for ways to defend  a case or deny a claim as soon as possible after an accident. The greater the legal exposure of the company, the more effort you can expect them to put in to defending the case. Defense lawyers are very skilled in their chosen profession and are hired for their expertise in protecting the company’s financial exposure of a wrongful death claim.

 

So it is just this time, after a serious accident when a family should look to protect their financial future and look to hire the best Texas personal injury attorney they can find to represent them.

01 Feb 2013

Funeral Preparations after an Accident

Perhaps the most difficult realization each of us must face is our own death – or the passing of a loved one. Dealing with the grief of a death is much less challenging if preparations have been made in advance. Unfortunately, car wrecks, eighteen wheeler accidents and other tragedies often take a life suddenly and without warning.

The process of funeral planning may aid those left behind in dealing with the beginnings of their grief. What follows are some of the rudimentary steps for planning a funeral.

1. Begin by calling the immediate parties that should be notified of the loved one’s death. Allow yourself to be surrounded by family and friends who will be able to provide emotional and practical support in this trying time.
2. Determine if the deceased has any final wishes which may guide the decision-making process.
3. If the deceased has not made any prearranged funeral plans, then you must decide where the body of the deceased is to be removed to. Contact that funeral director to arrange a meeting at which time the details of the funeral can be decided. This includes everything from the type of service to the casket; burial or cremation; markers and online memory books.
4. Meet with officials of the selected cemetery to purchase interment property (e.g., grave plot, crypt, niche for an urn, etc.).

In many instances the suddenness of the loss completely incapacitates some family members making the planning of the funeral and extremely difficult process. Seeking help from family members, friends and your church can be an invaluable source of support during a time of great need.

Grief counseling is available in many different venues, and is highly recommended for those who are struggling dealing with a sudden loss of a loved one. Do not be afraid to seek help.

Unfortunately, after the funeral there are often many details that remain unresolved or otherwise require attention.

Greg Baumgartner is a Texas injury lawyer and also the founder of the Baumgartner Law Firm, which is located at 6711 FM 1960 West, Houston, Tx  77069, 281-587-1111.

13 Jan 2013

Texas DWI Accidents

The DWI problem in the state of Texas continues to evade authorities. Despite the best efforts of the best law enforcement in the nation, we still have a problem that seems like it is getting worse and not better.

 

Recently, authorities in Montgomery County, Texas indicated that they average about 60 DWI arrests per week. Harris County, on the the other hand averages about 50 drunken-driving arrests per day. And the trend continues to demonstrate why the Houston area leads the nation in fatal DWI accidents.

 

It seems that the state of Texas overall has a serious DWI accident problem. Many communities have taken steps to combat the issue by aggressive enforcement and also such things as the “no refusal” policy which enables law enforcement to simultaneously obtain a warrant for a blood test for those who refuse a  test. That program is very expensive and is not been fully utilized for that reason.

 

Other communities such as Montgomery County, Texas have taken the steps such as recently arresting a bartender for over serving a patron who was obviously intoxicated. This attempt to make bartenders more aware of  how much they are serving individual customers is very unique and probably extremely effective.

 

It seems that while we have some of the tougher DWI laws in the nation, the problem persists and penalties after the fact are not getting the job done. Texas desperately needs a multi-pronged attack on preventing DWI accidents which includes a heavy emphasis on education.

 

While Texas has faced pretty substantial budget cuts, the protection of citizens of the state of Texas should be upon the forefront of our concerns. With families losing family members each and every day and Houston with the dubious distinction of leading the nation in fatal deed the DUI accidents it is time that we address the problem head on.

 

Call your Texas state representative and tell them you want a DWI education program fully funded for the state of Texas. Our families and children deserve it.

 

 

19 Dec 2012

Texas Leads the Nation in Workplace Deaths

Texas holds the unlikely and unwelcome distinction of being the number one state in the country for workplace deaths – even as these incidences are in decline almost everywhere else in the U.S. In a recent year there were over 460 Texas workplace deaths. That means that somewhere in Texas at least one person loses their live every day on the job – and for another third of the year there are 2 workplace deaths daily in the state.

 

Causes contributing to these wrongful deaths include all of the following:

 

*Notably lax regulations and oversight. More stringent training and education requirements related to some of the more dangerous jobs could decrease workplace deaths.

*A higher than average number of roadways – with the largest number of workplace deaths occurring while driving on the job.

 

In light of the alarming statistics the Texas branch of OSHA set up a training center to address workplace safety at the University of Texas in Arlington. Since then an impressive 4500 persons have completed their training instruction. The outcome of this training has yet to be determined as of yet.

 

In order to bring workplace deaths under control employees – particularly those in dangerous jobs – should attend to their responsibilities with an abundance of caution – saving one life at a time may be the only response to workplace deaths in Texas. It is noteworthy that becuase some wrongful death lawsuits serve to shine a bright light on how an accident occured they can serve to prevent future accidents and make companies safer.