Duncanville, TX DWI

Posted on | December 19, 2011 | No Comments

ALR hearing Lawyer

An Administrative License Revocation hearing (ALR) is a hearing in which you may contest your license suspension following your DWI arrest. However, you must act quickly because you have only 15 days after your arrest to request the hearing.

Your ALR hearing is a separate matter from your DWI and is a civil administrative process. During your ALR the state must prove:

If you refused tests at the time of arrest:
• There was probable cause to stop or arrest you
• That law enforcement believed you were under the influence while driving
• That you were arrested and asked to submit to breath or blood testing

If law enforcement alleges you failed a breath or blood test, the state must prove:
• That your blood alcohol content (BAC) was .08 or higher while driving
• There was probable cause to stop you

If you fail to request a hearing your license is automatically suspended 40 days after the notice of suspension was served without further notice.

Although you can represent yourself at the ALR hearing an experienced Duncanville, TX DWI attorney can ensure your rights are protected and you receive a fair hearing. An attorney can also:
• Obtain discovery from the state
• Subpoena the arresting officer
• Challenge testing methods and accuracy

Get legal help today

Although no attorney can promise a certain result in an ALR hearing, you have a better chance at positive results when you have an experienced attorney who understands the process. Losing your driving privileges for up to a year can cause serious hardship. Contact Fuller & Eason online or call 214-638-0345 to see how we can help you with your ALR hearing today.

Dallas Train Injury Attorney

Posted on | December 5, 2011 | No Comments

Personal injury encompasses a wide range of accidents from medical malpractice to car wrecks. However, train injury cases can be among the most devastating and cause severe injuries.

Train accidents can happen for any number of reasons including:

• Defective crossing signals
• Negligent or poorly trained railway employees
• Defective highway rail and railroad crossings
• Inadequate train track/rail inspection
• Improper train operation practices
• Improper/erroneous switching
• Sleep-deprived operators
• Excessive speed

If you are injured in a train or railway accident you should:

• Contact the police following the accident
• If you are an employee of the rail company, report the accident immediately
• Get contact information of all the witnesses to the accident
• If possible, take photographs of the accident scene
• Get immediate medical attention – even if you feel okay, you may still have an injury
• Document any injuries you have sustained
• Consult an experienced Dallas railway attorney before:

o Giving a recorded statement
o Signing medical records authorization or other documents
o Accepting a settlement from the insurance company

If you have sustained injuries in a train accident you may be entitled to compensation including:

• Medical bills
• Lost wages
• Pain and suffering
• Disfigurement/impairment

Protect your rights—talk to a Dallas train injury attorney today

If you have been injured or have lost a loved one due to a train accident you should speak to an attorney immediately. An experienced railroad injury attorney can ensure that your rights and interests are protected. Contact Fuller & Eason online or call 214-638-0345 to schedule a free consultation today. We accept cases on a contingency-fee basis, and you pay no fee unless we win your case or negotiate a settlement for you.

Duncanville TX Bankruptcy Attorney

Posted on | November 21, 2011 | No Comments

In recent years the economy has been tough on everybody—especially consumers. Serious illnesses, loss of employment and shifts in business trends may have changed your financial situation so much that you are now at risk. An experienced Duncanville, TX bankruptcy attorney can help you resolve your financial problems whether through bankruptcy or alternative solutions.

Of course you can ignore your debts but you do so at your own risk and the consequences can be severe, including:

• Vehicle repossession
• Foreclosure
• Tax liens
• Debt collector harassment
• Wage garnishment

Although some people believe that bankruptcy is a personal decision it is really a financial decision. It enables you to protect your assets and your rights and provides the opportunity for a fresh start. And if bankruptcy is the appropriate solution for your circumstances you have the right to benefit from bankruptcy protection.

You may file a bankruptcy without the assistance of a bankruptcy attorney, however, bankruptcy can be complex, and a seasoned attorney who understands the process can help you get the best results possible.

Consumers typically file either a Chapter 7 or Chapter 13 bankruptcy depending on many factors. An experienced attorney will review your financial situation including:

• Income
• Expenses
• Debts
• Assets
• Tax and other liabilities

After carefully reviewing your situation, your bankruptcy attorney will help you determine which type of bankruptcy is most appropriate to file. Or your attorney may determine that you have other viable legal options and provide guidance on how you may use these options to remedy your situation.

Contact Fuller & Eason for free consultation today

We understand the emotional stress that financial problems can create and offer a free consultation to discuss your situation. Contact us online or call 214-638-0345 to discuss your bankruptcy matter today.

How Consumer Bankruptcy Is Different Than Commercial Bankruptcy

Posted on | November 7, 2011 | No Comments

Both individuals and businesses may obtain debt relief through bankruptcy. However, your circumstances, whether a business or an individual determine which type of bankruptcy is appropriate.

Commercial bankruptcy. If you want to reorganize your debt and continue company operations, a Chapter 11 may be appropriate. If you cannot continue company operations, then Chapter 7 liquidation is probably more appropriate. Sole proprietorships may reorganize debt and restructure their businesses under Chapter 13.

Personal bankruptcy. Individuals may file either a Chapter 7 or Chapter 13 bankruptcy. The most common type of bankruptcy for individuals is Chapter 7 which effectively wipes out your debt—with exceptions. Chapter 13 enables individuals with sufficient income to pay off some or all of their debt through a court-approved three or five year repayment plan.

Bankruptcy chapters explained

Although there are six forms of bankruptcy, the three most commonly filed types are:

Chapter 7 bankruptcy liquidates your non-exempt assets to pay some or all of your debt. The court-appointed trustee oversees the process, including the liquidation of your assets. A Chapter 7 filing puts an automatic stay into effect and creditors must cease all collection proceedings. Debts not paid through asset liquidation are discharged with some exceptions. Both individuals and businesses may file Chapter 7.

Chapter 11 bankruptcy is typically filed by businesses, but is also available to individuals. A Chapter 11 reorganizes debt while continuing business operations. The reorganization is determined by a court-approved plan and may help companies avoid going out of business. However a Chapter 11 is a complex and often very expensive procedure that requires the assistance of an experienced Dallas business bankruptcy attorney.

Chapter 13 bankruptcy is for debtors with sufficient disposable income and pays off some or all of the debt over a three or five year period. The debtor submits a repayment plan to the court and upon approval begins making payments. Upon completion of the plan, the bankruptcy is discharged by the court. Both individuals and sole proprietors may file Chapter 13 bankruptcy. Contact Fuller & Eason online or call 214-638-0345 for a free consultation to discuss your personal or commercial bankruptcy case.

Motorcycle Riding Lawyer Will Help With Your Motorcycle Wreck

Posted on | October 24, 2011 | No Comments

According to the Texas Department of Public Safety motorcycle accidents are most likely to happen:

• In intersections where an automobile is making a left turn in front of a motorcycle
• When a motorcyclist is driving in an automobile’s blind spot
• When hazardous road conditions are present
• During inclement (bad) weather
• During strong winds
• When large vehicles block a motorcyclist’s view

Under Texas motorcycle law a negligent driver who causes a motorcycle accident that results in injuries and/or damages, is legally liable. And a motorcyclist who has sustained injuries in a motorcycle accident caused by another’s negligence may recover compensation for his or her injuries including:

• Pain and suffering
• Scarring
• Disfigurement
• Loss of enjoyment of life
• Economic loss

However, the state of Texas uses the proportional comparative fault rule. Meaning that if you are 51 percent or more at fault for the accident you cannot recover damages from the other party.

Further, in the state of Texas you generally only have two years in which to file your claim. If you fail to file a claim in time you may lose compensation to which you are legally entitled.

Talk to a Dallas motorcycle accident lawyer today

If you or a loved one has been involved in a Texas motorcycle accident you should seek the advice of an experienced Dallas motorcycle accident lawyer. The longer you wait, the more likely you are to forget details, lose track of witnesses and documents necessary to mount an effective case. Contact Fuller & Eason online or call 214-638-0345 for a free consultation to discuss your motorcycle accident case with our motorcycle riding lawyer, Mr. Fuller.

Products Liability Attorney In Texas

Posted on | October 7, 2011 | No Comments

Designers, producers, and sellers of consumer products have a legal responsibility to provide products that are reasonably safe. When the faulty construction, improper labeling, or an unreasonable danger of a consumer product causes the injury or death of a person, products liability law provides that the injured person or their survivor has a right to seek compensation.

Common circumstances under which products liability law comes into play include:

Consumer goods. Ordinary, everyday products when defective can cause serious injuries. Common consumer products that have been known to cause injuries include:

• Defective appliances
• Power tools
• Children’s toys
• Aerosol cans
• Hair blowers

Vehicle defects. Vehicular accidents can be caused or made worse by defective vehicle products and contribute to injury or death. These can include items such as:

• Car seats
• Air bags
• Seat belts
• Crash-worthiness defects
• Tire blow-outs
• Roll-overs

Pharmaceuticals and medical devices. When drugs or medical devices are inadequately tested, lack proper safety warnings, or are otherwise defective, the effects can be devastating. Such drugs and devices may include:

• Antidepressants
• Arthritis medications
• Cholesterol medications
• Diet pills
• Vaccines
• Hip or knee replacement parts
• Pacemakers
• Artificial organs
• IUDs

Workplace accidents. In addition to receiving workers compensation, third parties may also be legally liable for defective equipment such as:

• Ladders
• Scaffolding
• Electrical equipment
• Heavy equipment
• Industrial machinery

Get legal help

A serious accident can cause severe injuries and even death. If you or a loved one has been injured or died due to a defective product contact Fuller & Eason online or call 214-638-0345 for a free consultation to discuss products liability case. An experienced Dallas personal injury law firm can help you obtain the compensation you deserve.

Texas Attorney to Sue Hospital for Medical Malpractice

Posted on | September 22, 2011 | No Comments

Unfortunately, sick people who go to the hospital to receive care sometimes die or sustain serious injuries at the hands of their caregivers. In simple terms, medical malpractice is when a healthcare provider deviates from accepted standards of practice whether through commission or omission and that deviation results in death or injury.

If you or a loved one has sustained injuries or died due to medical malpractice you may be entitled to receive compensation for your losses including:

• Pain and suffering
• Medical expenses
• Disability
• Diminished future earning capacity
• Lost wages
• Diminished quality of life
• Loss of companionship

Although medical malpractice can encompass numerous scenarios, common examples include:

• Anesthesia errors
• Inadequate burn therapy
• Improperly performed tests resulting in brain damage
• Delayed treatment due to failure to detect condition and admit patient
• Birth delivery errors
• Misdiagnosis
• Improper medication/drug reaction
• Unnecessary surgery resulting in injuries
• Undetected/untreated hemorrhaging
• Inadequate medication
• Infections
• Lab errors
• Nerve damage

A Texas medical malpractice suit generally must be brought within two years of the incident of malpractice. Further the state of Texas has comparative negligence laws in malpractice suits—meaning that to the degree a party is determined to be responsible for the injury he or she pays accordingly.

Talk to a Dallas medical malpractice lawyer

A medical malpractice lawsuit is complex and very difficult, if not impossible to navigate without an experienced Dallas medical malpractice lawyer. Often insurance companies are eager to settle quickly and can pressure you to agree to terms that are not in your best interest or fair. Contact Fuller & Eason online or call 214-638-0345 for a free consultation to discuss your medical malpractice case.

Dallas City DART Injury Lawyer

Posted on | September 8, 2011 | No Comments

Given the current economy and the price of gas, more and more Dallas citizens are turning to public transportation to fulfill their transportation needs. The Dallas Area Rapid Transit (DART) system services Dallas and twelve surrounding cities and their network of railway and bus services provides transportation to over 220,000 passengers a day across a 700-square-mile service area. With a system this large, utilized by so many people it is inevitable that accidents will occur and unfortunately accidents involving DART vehicles are all too common.

Pedestrians, passengers, and motorists can often find themselves in the wrong place at the wrong time and become injured through no fault of their own in a DART bus accident. Factors that may contribute and/or cause a DART bus accident include:

• Driver negligence/ recklessness
• Safety violations
• Failure to yield to pedestrians
• Driver fatigue
• Improper bus maintenance
• Negligent hiring
• Untrained personnel

Individuals injured as a passenger because of a collision with another vehicle can be very complex because liability may apply to more than one party and several injury claims may be made for the same accident. Individuals injured directly by or because of a DART vehicle may have a less parties involved but injuries could be more severe. Regardless of the type of accident, in a DART case you are essentially going up against government attorneys who seek immunity from paying a claim. For this reason you need the help of an experienced Dallas personal injury attorney to pursue a DART accident case.

You need someone in your corner

Unfortunately accidents happen and often result in severe injuries or even death. If you or a loved one has been injured in a DART bus accident you need someone in your corner, protecting your rights and interests. Contact Fuller & Eason online or call 214-638-0345 for a free consultation to discuss your DART bus accident case.

Dallas Consumer Bankruptcy Lawyer

Posted on | August 17, 2011 | No Comments

For individuals who face insurmountable debt and have exhausted all other possible remedies, the federal bankruptcy code may offer the solution of debt relief.

For consumers the two most common forms of bankruptcy are Chapter 7 and Chapter 13 bankruptcy.

Simply put, Chapter 7 liquidates your non-exempt assets to pay some or all of your debt. The bankruptcy court assigns a trustee who liquidates your assets and pays your creditors. Any remaining debt is forgiven through the bankruptcy. Debt that is discharged (forgiven) under Chapter 7 includes:

• Credit card debt
• Bank loans
• Judgments
• Medical bills
• Certain taxes

However, not all debt is dischargeable under a Chapter 7 including:

• Certain taxes
• Certain student loans
• Child support
• Alimony
• Debts incurred from crime or fraud
• Government fines

The Bankruptcy Abuse Prevention and Consumer Protection Act, imposes means testing to determine if your income level qualifies you for a Chapter 7. Our Dallas consumer bankruptcy lawyers can help you determine if you qualify for a Chapter 7 bankruptcy. If your income is too high for Chapter 7 eligibility or if you want to retain certain assets that you are behind on payments (such as your home or vehicle) you may file a Chapter 13 bankruptcy in which you propose a three or five year plan to pay your creditors through monthly installments.

Talk to a Dallas consumer bankruptcy lawyer

While filing bankruptcy is not the right solution for everyone if you find yourself swimming in debt where all previous remedies have failed, it may be the best solution for you. Contact Fuller & Eason online or call 214-638-0345 for a free consultation to discuss your case. Mr. Fuller is certified consumer bankruptcy lawyer by the Texas Board of Legalization and has spent 18 years helping clients resolve their bankruptcy issues.

When You Have Suffered Needless Injury Because Of Medical Malpractice

Posted on | July 28, 2011 | No Comments

When you have a medical problem, even if it’s an emergency, you expect that the doctors and nurses treating you will follow a standard of care that does not make your condition worse, or lead to other injuries. When the carelessness or negligence of medical professionals causes you harm, you need strong representation from an experienced medical malpractice attorney. We can help.

Protecting Your Rights after Medical Negligence

Medical malpractice claims can be extremely complex, as there can be challenges determining what injuries were caused by your original condition and what injuries resulted from medical negligence. To recover financial compensation, you must show that:

• The doctor or nurse failed to meet the standards commonly accepted in the practice. It is important to understand that doctors and nurses are compared to their peers when making this determination, not with the general public. A doctor or nurse will be held to the same standard as should be exercised by someone with similar training and knowledge.
• A failure by your doctor or nurse to meet commonly accepted standards must have caused an accident. This requires proof that the negligence was the actual cause of your injury, and that it was reasonable to expect that this type of injury would result from this type of carelessness.
• The accident must have resulted in injury to you. If a medical professional made an error, but you suffered no injury, you have no claim for damages.

Determining what the reasonable standard of care is can be challenging, and often requires the testimony of a medical expert. You want to work with an attorney who not only understands the intricate details of medical procedures, but who has effectively worked with medical expert witnesses in the past.

In a medical malpractice case, you have the right to seek recovery for all losses sustained as a result of careless or negligent act, from the loss of wages or income to the costs of any additional medical care required to bring you back to health. You can also seek compensation for physical pain and suffering.

Contact the Law Firm of Fuller & Eason

To set up an appointment, contact our office online or call us at 214-638-0345 to set up an appointment.

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