Think about that. Too much to drink, trying to get home too fast, and in the blink of an eye – two innocent people are dead. As a personal injury lawyer here in Houston, I see the tragic results of bad decisions on a very regular basis.

Decisions have consequences, particularly when they involve the physics of a 4000 lb vehicle traveling at 70mph.

If you drink – don’t drive. Period. No excuses.

http://www.khou.com/news/Investigators-close-Gulf-Freeway-at-site-of-Mondays-fatal-crash-99321909.html

In Texas, the only required coverage on your vehicle is for liability. This is insurance that will pay for damages you may cause to other people or their property if you cause an auto accident.

Many people have an additional type of coverage called Personal Injury Protection, or “PIP” for short. As a personal injury attorney, I highly recommend that everyone have this coverage on their automobile insurance policy. It is not expensive for minimum coverage of $2,500.00, and not that much more to increase this coverage even higher.

PIP coverage will pay for your medical expenses and 80% of your lost wages in the event you are injured in a car accident, regardless of who was at fault. PIP will cover you and anyone traveling with you in your vehicle at the time of the collision.

I am surprised by the number of clients I represent who do not want to file a claim with their own insurance company for PIP benefits. In fact, I would say that more than half of the people I represent at least express reservations about doing so. The most common reason people do not want to file is that they are afraid that their insurance rates will go up or that their insurance will be cancelled even though they were not at fault. This, despite the fact that they have paid their hard earned dollars for this optional coverage which is designed to be used in their exact situation! As I explain to people, it’s a bit like installing a phone line in your house but not wanting to make any phone calls because you’re afraid the phone company will cancel your service.

Remember, when an insurance company decides to raise rates or cancel service, they are much more interested in the potential risk that an insured represents than any other factor. Put simply, if you go around driving recklessly and causing accidents by your conduct, the insurance company most likely will raise your rates or decline to renew your policy. But really, it doesn’t make any sense to cancel a policy holder who makes a PIP claim when someone else causes an accident. Wouldn’t that be a bit like penalizing you because a meteor fell from the sky and smashed through the hood of your car?

In my opinion, everyone in Texas should have at least minimum PIP coverage and more importantly, should never be afraid to use it when appropriate! If you have any questions about PIP coverage, ask your insurance agent or an experienced auto accident lawyer.

Stewart J. Guss is a licensed attorney practicing in the Houston area for 15 years. He practices primarily in the areas of personal injury, auto accidents, and insurance law. Mr. Guss maintains an office in the Cypress / Northwest Houston area, but has represented clients all over the world. He may be reached at 281-664-6500 or via email at Stewart@AttorneyGuss.com. His website is www.AttorneyGuss.com.

In the hours or days following your auto accident, you will likely speak to many people associated with an insurance company. You are always obligated to report any accident to your own insurance company, and you may decide you want to deal with the other person’s insurance company as well. When you call and report the incident, you will likely be contacted by an adjuster assigned to your claim. You may be speaking to an adjuster with your own insurance company as well as an adjuster for the person who caused the wreck.

Without going in to too much legal detail, suffice it to say that when you deal with anyone associated with your own insurance company, they have numerous legal duties to be honest and forthright with you, and to deal with you fairly and in good faith. It is very important to realize, however, that these same requirements do NOT apply to the conduct of the adjuster for the person who caused the wreck. This type of adjuster can be referred to as a “third party” adjuster, because they represent the “third party” insurance company, which is the insurance of the other party involved in the accident.

The duties and obligations of a third party insurance adjuster to deal with you fairly and in good faith are extremely limited under Texas law compared to those same duties of a “first party” adjuster (an adjuster for your own insurance company.)

You will often find that these third party liability adjusters are often VERY friendly and VERY sympathetic to your situation. They may offer a shoulder to cry on and encourage your to speak freely about the facts of the collision and your injuries. Often times people do not realize that the JOB of these adjusters is to find reasons to deny your claim and pay you nothing (or as little as possible) for your injuries. These adjusters may pretend to be your friend, but they are not. They are NOT on your side, and they are working against your interests.

As a personal injury lawyer, I am often hired by clients who have first tried to handle their claims themselves. After all, that adjuster was so nice and so friendly, and they PROMISED they would be fair! Lo and behold, weeks or months later, cold hard reality sets in. Often times in these situations, my client has said or done things to make my job in recovering appropriate damages much more difficult or even impossible.

My best advice to you is to remember that the insurance adjuster for the other party in your collision is NOT your friend, not matter how much they want you to believe otherwise. If you are involved in a car wreck, your best bet is ALWAYS to consult with a lawyer who truly will ALWAYS be on your side.

Stewart J. Guss is a licensed attorney practicing in the Houston area for 15 years. He practices primarily in the areas of personal injury, auto accidents, and insurance law. Mr. Guss maintains an office in the Cypress / Northwest Houston area, but has represented clients all over the world. He may be reached at 281-664-6500 or via email at Stewart@AttorneyGuss.com. His website is www.AttorneyGuss.com.

A grade school teacher was asking students what their parents did for a living. “Tim, you be first,” she said. “What does your mother do all day?” Tim stood up and proudly said, “She’s a doctor.”"That’s wonderful. How about you, Amie?” Amie shyly stood up, scuffed her feet and said, “My father is a mailman.” “Thank you, Amie,” said the teacher. “What about your father, Billy?” Billy proudly stood up and announced, “My daddy plays piano in a whorehouse.” The teacher was aghast and promptly changed the subject to geography. Later that day she went to Billy’s house and rang the bell. Billy’s father answered the door. The teacher explained what his son had said and demanded an explanation. Billy’s father said, “I’m actually an attorney. How can I explain a thing like that to a seven-year-old?”

A man walked into a bar with his alligator and asked the bartender, “Do you serve lawyers here?”. “Sure do,” replied the bartender. “Good,” said the man. “Give me a beer, and I’ll have a lawyer for my ‘gator.”

A lawyer died and arrived at the pearly gates. To his dismay, there were thousands of people ahead of him in line to see St. Peter. To his surprise, St. Peter left his desk at the gate and came down the long line to where the laywer was, and greeted him warmly. Then St. Peter and one of his assistants took the lawyer by the hands and guided him up to the front of the line, and into a comfortable chair by his desk. The lawyer said, “I don’t mind all this attention, but what makes me so special?” St. Peter replied, “Well, I’ve added up all the hours for which you billed your clients, and by my calculation you must be about 193 years old!”

An ancient, nearly blind old woman retained the local lawyer to draft her last will and testament, for which he charged her two hundred dollars. As she rose to leave, she took the money out of her purse and handed it to him, enclosing a third hundred dollar bill by mistake. Immediately the attorney realized he was faced with a crushing ethical question: Should he tell his partner?

A lawyer is cross-examining a doctor on the stand about whether or not he had checked the pulse of the deceased before he signed the death certificate. “No,” the doctor said, “I did not check his pulse.” “And did you listen for a heartbeat?” said the lawyer. “No, I did not,” said the doctor. “So,” said the lawyer, “when you signed the death certificate, you had not taken steps to make sure he was dead.” The doctor, having enough of the lawyer’s ridicule, stated, “Well, let me put it this way. The man’s brain was in a jar on my desk, but for all I know he could be out practicing law somewhere.”

A lawyer finds out he has an inoperable brain tumor. It’s so large, they have to do a brain transplant. His doctor gives him a choice of available brains. There’s a jar of engineer brains for $10 an ounce, a jar of doctor brains for $15 an ounce, and a jar of lawyer brains for the sum of $800 an ounce. The outraged lawyer says, “This is a ripoff! How come the lawyer brains are so damned expensive?” The doctor replies, “Do you know how many lawyers it takes to get an ounce of brains?”

Two lawyers walking through the woods spotted a vicious-looking bear. The first lawyer immediately opened his briefcase, pulled out a pair of sneakers and started putting them on. The second lawyer looked at him and said, “You’re crazy! You’ll never be able to outrun that bear!” “I don’t have to,” the first lawyer replied. “I only have to outrun you.”

Q: You’re trapped in a room with a tiger, a rattlesnake and a lawyer. Your gun has only two bullets.
A: What should you do? Shoot the lawyer. Twice.

Q: What do you call a lawyer that does not chase ambulances?
A: Retired.

Q: How can you tell when a lawyer is lying?
A: His lips are moving.

Well, I hope you enjoyed the lawyer jokes. Isn’t it nice to take a break and just have a good laugh sometimes? I promise I’ll be back next tome with something a little more informative. That is, of course, assuming I’m not off playing the piano somewhere!

Stewart J. Guss is a licensed attorney practicing in the Houston area for over 10 years. He concentrates in the areas of personal injury, insurance law, consumer law, and small business issues. Mr. Guss maintains an office in the Cypress area and is proud to serve the residents of Cypress and Northwest Houston. He may be reached at 713-355-7220 or via email at stewart@attorneyguss.com.

http://www.khou.com/news/local/Pedestrian-struck-killed-in-downtown-Houston-intersection-91828199.html

I’m going to address a matter that should be critical to moms, dads and Santas everywhere. How do you know if your toy is safe? Your first stop should be the U.S. Consumer Product Safety Commission: www.cpsc.gov. This is the official government agency in charge of tracking recalls on dangerous consumer products. In addition to tracking recalls, the CPSC also maintains a “most wanted list” which can be helpful in finding the most dangerous products on the market.

Another good resource for toy safety information can be the toy companies themselves. Most major toy companies maintain accurate and up to date listings of toys that may present a danger to kids. For example, www.mattel.com/safety offers safety and recall information for their products. While I consider relying on the manufacturer a bit like allowing the fox to guard the henhouse, thanks to the civil justice system in this country, most toy makers are fairly eager to let consumers know about potential safety problems. (Hurray for the trial lawyers!)

Additionally, you may want to explore the websites of major toy retailers. If you go to the main page at www.toysrus.com, you will find a clickable link regarding toy safety information. Through that link you will find a list of Toys R Us products which have been recalled.

Of course you moms, dads, and Santas will likely leave no stone unturned in your quest for toy safety information. But what should you do if something falls through the cracks? It is every parent’s nightmare to have their child injured or made sick by the very toys that are designed to entertain them. Unfortunately, it is happening in this country with ever increasing frequency.

If your child is injured by a recalled toy, you have legal rights. There are certain steps, however, that must be taken. First and foremost, if you find a recalled toy in your house, take it away immediately! If you feel that your child may have been injured by the toy, it is extremely important that you not throw the toy away. Rather, keep it in a ziplock bag, safely out of reach of the little ones. If the toy was recalled because of potential lead poisoning, I would suggest you bring your child to the doctor for a blood test. A blood test will be able to accurately determine whether your child has toxic levels of lead in their body. If your child choked or had some other toxic reaction, again, it is imperative that you preserve the toy as evidence. If you have any questions about product liability issues, you should contact your attorney to discuss the situation.

I hate to bring up such a grim subject about the holiday season, but as a father of two adorable young ones, I am keenly aware of this issue. Of course, by using common sense and by checking recall lists regularly, I am certain we shall all be able to enjoy a joyous and safe holiday season each and every year.

Stewart J. Guss is a licensed attorney practicing in the Houston area for over 10 years. He concentrates in the areas of personal injury, insurance law, consumer law, and small business issues. Mr. Guss maintains an office in the Cypress area and is proud to serve the residents of Cypress and throughout the Houston metro area. He is available for speaking engagements on a wide variety of legal topics. For further information or for a free consultation, he may be reached at 281-664-6500 or via email at stewart@attorneyguss.com.

Just to clear up a few things, let me tell y’all the real story behind this supposed “travesty of justice.” In 1992, Stella Liebeck, 79 years old, purchased a cup of coffee from a McDonalds drive through (she was in the passenger seat). She tried to carefully open the top to add cream and sugar, and when she did, some extremely hot coffee spilled on her lap causing her to sustain third-degree burns (the most serious type) around her groin, inner thighs and buttocks. How hot was the coffee? Approximately 180 to 190 degrees.

Well, as it turned out, McDonald’s own scientists testified at the trial that any coffee hotter than 130 degrees could produce third degree burns. The law firm defending McDonalds hired a law student to go test coffee temperatures at other restaurants in the area to prove that everyone else was serving coffee at the same temperature. The closest temperature they could find was at least 20 to 30 degrees cooler. Why serve their coffee so hot? There could be several possible reasons, including the fact that coffee puts off more vapor at higher temperatures giving the beverage a richer aroma.

Well, okay, so McDonalds was serving the coffee too hot. What’s the big deal? They couldn’t have known that Ms. Liebeck was going to get burned by it, right? Well… As it turns out, McDonalds had received at least 700 complaints about scalding burns from coffee in the ten years prior to the incident. Some of these complaints hd involved extremely serious injuries.

Because of her injuries, Ms. Liebeck spent eight days in the hospital. During this time, she underwent several medical procedures including debridement and skin grafting. The burns left her permanently scarred and disabled for more than two years.

Ms. Liebeck and her attorneys tried in good faith to settle this matter before the case went to trial. McDonalds’ response? An $800.00 settlement offer.

At trial, the jury awarded $160,000.00 in compensatory damages and 2.7 million in punitive damages. Yes, a lot of money, but at the time that award represented a mere two days worth of McDonalds’ coffee sales. The punitive damage award was later reduced by the judge to $480,000.00. (Judges can do that. Its another one of the checks and balances in our legal system.)

So… The next time someone is trying to persuade you that there is a “lawsuit crisis” in this country and that “tort reform” is needed, why not share with them the real story behind the three million dollar hot cup of coffee.

http://www.khou.com/news/texas-news/Family-Restaurant-ousted-us-over-disabled-daughter-89605012.html

In early 1692, nine year old Elizabeth and twelve year old Abigail took to falling into terrible fits that were found to be “beyond the power of Epileptic Fits or natural disease to effect.” Reverend Samuel Parris of the newly established parish at Salem Village was especially concerned. You see, Elizabeth Parris was his daughter and Abigail Williams his niece. William Griggs, the town doctor, examined the young ladies and declared that they were clearly the victims of witchcraft. After questioning of the young ladies in regard to the identity of the witches afflicting them so, Elizabeth and Abigail accused Sarah Osburn, Sarah Good and the Reverend’s own slave, Tituba.

Local magistrates began started conducting examinations on March 1, 1692. Over time, many more individuals were accused of witchcraft. It is a heartbreaking footnote of history that Dorothy Good, Sarah Good’s four year old daughter, herself confessed to being a witch just so that she could be with her mother in jail.

Procedurally speaking, the first step in the legal process was for an accuser to enter a complaint of witchcraft with the local magistrate. After receiving the accusation, the magistrate would have the accused person arrested and brought in for public interrogation. The accused were strongly urged to confess during this part of the process. Once the magistrates were convinced that the accusation was well founded, the prisoner would be tried in a superior court in front of a jury. At trial, an alleged witch could be charged with “afflicting with witchcraft” or “making an unlawful covenant with the Devil.” Often, the process of public interrogation, trial, conviction and execution would take place within just a few days.

From a legal perspective, the most disturbing aspect of these “trials” were the magistrates’ acceptance of and reliance upon so called “spectral evidence.” Spectral evidence was evidence from an accuser in which the spirit (i.e. the “spectre”) of an accused witch appeared to the afflicted in a dream or vision. The basis of this evidence was the commonly held belief that the Devil could not take the appearance of a person in a dream or vision without that person’s consent. Therefore, if an accused witch appeared in a dream or vision it was only because the accused had knowingly agreed to allow the Devil to take their form and appearance. Many leading legal and religious minds of the day strongly disagreed with the use of this type of evidence, believing that the Devil could take the shape or form of any person without their consent. The famous colonial preacher, Cotton Mather, was a strong proponent of the use of spectral evidence. Interestingly, Cotton Mather’s father, the Rev. Increase Mather, argued strongly against the use of spectral evidence.

Other evidence used in these trials consisted of “confessions” of the accused (often obtained under great duress), testimony of other accused witches (likely given in an attempt to garner mercy), and the existence of a “witch’s teat” (third nipple) on the accused.

In the end, 20 poor souls were wrongly executed by the judicial system of colonial Massachusetts, including one who was slowly crushed to death by the piling of stones on his chest. It was not until October 31, 2001, in a resolution signed by Massachusetts governor Jane Swift, that all those wrongfully executed were finally proclaimed fully innocent.

As an American attorney, I have the honor of participating in what I feel to be the greatest legal system the world has ever known. We must all remember, however, that no legal system is perfect. Injustices can happen anywhere at any time.

Whether or not you have health insurance, a skilled personal injury can help you enforce your legal rights and insure that you obtain maximum compensation after an auto accident or injury. Even if you have health insurance, you are entitled to damages above and beyond the cost of your medical treatment when you are injured due to the negligence of another. Specifically, you are entitled to recover compensation for the physical pain and mental anguish associated with the injury and your recovery, as well as for your lost wages, any disability (temporary or permanent), disfigurement and scarring and other damages as well. Of course, if you do not have health insurance, a good personal injury can also help make sure that you get the treatment you need for your injuries.

The man in the story below had the wisdom to hire a legal professional when he was injured in the Metro accident. Remember, if you are injured in a car or bus accident or because of the negligence of another, you should always seek the advice of an attorney who practices in that area of the law.

ABC News Houston – Man in Metro Crash May Have Broken His Neck

Currently, I am representing a couple of the folks injured in the collision between a Metro bus and a Metro Light Rail car on March 15th. You have probably seen this on the news, as it was the second significant “Metro on Metro” event in five weeks. I plan on investigating their safety standards and regulations in my efforts to represent my client. While mass transportation is important and helpful to our community, it is imperative that Metro administer their systems so as to minimize the possibility of injuries and accidents to the population of Houston.

I can’t tell you the number of calls I’ve gotten over the last several weeks from prospective auto accident clients who told me horror stories about the way they were treated by the insurance company for the person that caused the wreck. Questioning the legitimacy of their injuries, even when they were transported by ambulance to the hospital!

Remember, while many of my clients are in the Houston area, I am licensed to practice all over the state of Texas. Please don’t assume that the insurance company holds the power. With an experienced lawyer on your side, you operate on an even playing field.

One of the most common questions I’m asked in this regard is as follows: “I don’t really have a lot of stuff. Do I need a will?” In my opinion, I think everyone should have a will. If you die intestate (that’s fancy lawyer talk for “without a will”) Texas state law will determine who gets your property. But what if you have a special piece of jewelry or family bible that you wanted to go to someone in particular? Also, if you have children, how will you let those who survive you know who you want to take care of your kids? If you take the time to prepare a will now, you can address these issues and let your wishes be known.

Another consideration: It is often less expensive and time consuming to resolve an estate for which there exists a will. If you make a will you can appoint an “executor.” That is, someone you trust to take care of your business after you are gone. There are lots of good reasons to make a will. If you haven’t done so already, please do. Now. Really. (Put down the magazine, you can read the rest of this article later!)

Back? Okay, good. Now that you have your will, lets address a couple of other quick issues. Often times, people confuse the term “will” with the term “living will.” There is a difference between these documents. A will is a document you use to express your wishes about your estate when you pass. A living will (technically called an “Advance Directive”) is a document you would use to express whether or not you would like to be kept alive on life-sustaining machines if you terminally ill and unable to express your wishes. I often see people wait until they are somewhat older or have children before they bother with a will. Unfortunately, anyone can be struck down in a serious accident at any age. (Terri Schiavo collapsed at the age of 27 and was diagnosed with a persistent vegetative state.) It is especially important, therefore, to make sure that you prepare an Advance Directive no matter what your age.

As if these issues were not serious and complicated enough, I’ve got one more document I need to throw into the mix. How many of you have heard of a “Medical Power of Attorney?” A Medical Power of Attorney is a document used to grant very specific and limited power to a person you chose to make health care decisions on your behalf should be you become unable to do so. This document is different from a general or “durable” power of attorney which would allow someone to conduct business on your behalf. A Medical Power of Attorney only allows the person you designate to make medical decisions on your behalf, nothing else. Again, because accident or illness can strike at any age, it is important for everyone at any age to consider making this document.

I’m sorry to write such a bummer of an article about such a depressing topic during such a beautiful time of the year. These are important issues, however, and need to be considered. I promise I’ll write about something more cheerful next time!

District of Columbia v. Heller, the “gun ban” case: This was probably the most interesting and controversial case to be decided in this most recent term. This case actually represents the very first decision conclusively interpreting the second amendment since it was ratified in 1791. The second amendment reads: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” In its decision the Supreme Court held that the right to own a firearm was an individual right and is not tied to any requirement that a gun owner be a member of a state militia.

Justice Antonin Scalia wrote the opinion and said, in part, that the Constitution does not allow “the absolute prohibition of handguns held for and used for self-defense in the home.” The Court struck down the handgun ownership ban that has been in place in Washington D.C. for 32 years. Interestingly, the Court made it clear that regulation and licensing of firearms was constitutionally permissible, making this subject ripe for future clarification through the courts. Immediately after this decision came down, lawsuits were filed in San Francisco and Chicago challenging similar laws banning handgun ownership.

Kennedy v. Louisiana, a case regarding the death penalty for rape of a child: As the father of two young children, this was a difficult case for me, personally. In this case the Supreme Court held that a law allowing the death penalty for the rape of a child violated the Constitution’s ban on cruel and unusual punishment. While other states have allowed the death penalty for the rape of a child, there has not been an execution in this country in 44 years for a state crime that did not involve someone’s death.

The Kennedy decision held that the death penalty was a disproportional punishment for the rape of a child. The decision appears to ban the death penalty for any state criminal law that does not involve a death. It should be noted, however, that the law allows the death penalty for certain federal crimes such as treason and espionage.

Boumediene v. Bush, the Guantanamo detainee case: This case is the latest of several Supreme Court decisions against the Bush administration’s effort to deny the Guantanamo detainees access to U.S. civilian courts to challenge their detention. The Court had previously held that these detainees must have a means to legally challenge their detention. In this case, the Court held, in part, that “the laws and Constitution are designed to survive, and remain in force, in extraordinary times.” This particular decision has generated substantial controversy and will likely not be the final time the Court addresses this issue. The White House has consistently held the position that the detainees are illegal combatants and therefore have no legal rights whatsoever. This case and the others addressing this issue represent one of the clearest conflicts in the balance of power between the executive and judicial branches of our government.

Crawford v. Marion County Election Board, the “Voter ID case: In this case, the Court upheld Indiana’s requirement to show a valid photo ID in order to cast a ballot. Opponents had argued that such a requirement would make it more difficult for poor, elderly and minority voters to cast a ballot as such a population would be less likely to carry a drivers license or other official identification.

Exxon Shipping Co. v. Baker, the “Exxon Valdez” case: In this decision the Court reduced the $2.5 billion dollar punitive damage verdict in this famous oil spill case to $500 million. The verdict had already once been reduced from the original $5 billion jury verdict from the original trial.

I hope you find these summaries of some of the Supreme Court’s most recent cases interesting and helpful. As you can see, the Court faced some important question with long reaching implications. As individuals, we may or may not agree with some of these holdings, but it is good to understand them as they do represent “the law of the land.”

But what do you do if your identity has already been stolen?

Unfortunately, you can’t just put a “lojack” on your identity and have the police just go and pick it up. The bad news is that recovery from identity theft can take years and cost thousands of dollars. The good news is that there are new laws and regulations which work to make the recovery process faster and less expensive.

If you determine that you are the victim of identity theft, there are four steps you should take immediately. First and foremost, you should contact the three major credit reporting agencies (Equifax, Experian and TransUnion) and place a “fraud alert” on your credit report. I would highly recommend that you send your notice and request via regular mail, return receipt requested. Keep copies of all of your communications in this process, as well as all signed “green cards.”

Your second step is to contact someone in the security or fraud prevention department of each company where an account has been improperly opened. Be sure to inform the company that you have been a victim of identity theft, that you did not open or authorize the account, and ask that it be closed immediately. Again, be sure and send these notices via certified mail, return receipt requested. Be sure and obtain written confirmation from these companies that the accounts have been closed and that the fraudulent debts have been discharged.

Your third step in the process is to file a police report of identity theft. I would suggest filing the report with your local police department, as well as with a law enforcement agency in the area where the theft occurred (if you have this information). It is very important that you report this theft and cooperate with any subsequent investigation. Your rights and remedies in regard to the identity theft resolution process often depend on this step.

Finally, be sure to report the identity theft to the Federal Trade Commission. This process can be done online through their website at www.ftc.gov. Keep a copy of your report, as it will be very helpful in cleaning up the identity theft mess. You may also wish to provide a copy of this report to the local police who are investigating your criminal complaint.

By following these steps as outlined above, you will be able to resolve the headaches caused by identity thieves. It will take time and effort, but it is most certainly worth it. Your good name is your most important asset, and once it is stolen you must do whatever you can to get it back, even without a lojack.