Here are some of the more prevalent of those fictions and some truths you need to know if you’ve been involved in an auto accident:

1. Auto injury laws are the same in every state.

TRUTH:  Auto injury laws vary from state to state. For example, some states including Texas require that you purchase liability insurance while others do not. And where some states have no-fault laws, others (like Texas) follow the tort system where one driver is deemed to be at fault when an accident occurs.

2. Big settlements are easy if you have severe injuries.

TRUTH: Unfortunately, auto accident attorneys see courts throw out plenty of  cases where victims who had serious, life-altering injuries received no compensation.  And because the recession caused huge losses for many insurance companies, many auto insurance defense teams are becoming more aggressive about challenging injuries. Every case is different and a good attorney will never guarantee you a specific award.

3. If you hold out long enough, your insurance company will settle for a higher amount.

TRUTH: Many factors can affect an insurance company’s reimbursement offer.

These include:

• internal company protocol;
• the reputation of the victim’s attorney; and
• the track record of the assigned judge.

By discussing your unique set of circumstances with a qualified auto accident lawyer, you can get a better understanding of the viability of your case.

4. Any personal injury lawyer can handle your case.

 TRUTH: The car accident laws in each state are subject to constant change.  This makes it difficult for attorneys who are personal injury lawsuit generalists to keep up with the latest developments in auto accident law. That’s why it’s crucial to the success of your case to select a lawyer who specializes in car, truck and motorcycle accidents.

Good legal advice will help you avoid the devastating loss of your medical benefits and ability to receive the best compensation for your pain and suffering.  At the Barrera Law Firm, you’ll find attorneys with up-to-date knowledge about Texas auto accident laws who will fight for your rights in court and get you the settlement you deserve. Don’t compromise your future.  Contact us today!

Photo credit: Bill Longshaw

Those around you may think they know what they are talking about because they or someone they know have been injured. They may even be acquainted with an attorney who practices personal injury law. But the bottom line is that you should never rely on the advice of individuals who are not legally qualified to discuss your situation, especially since every personal injury case is different.

Following are some of the most common myths you may hear about personal injury claims, the legal process surrounding them and the attorneys who handle them:

Myth #1 :  An insurance company will always make a reasonable settlement offer if you submit a reasonable settlement demand.

What you consider a reasonable settlement may be quite different from what an insurance company believes is so. Remember, an insurance company is ultimately looking out for its own financial best interests, not yours.

Myth #2:  If an insurance company asks you to give a recorded statement or sign a medical records authorization form, you have no choice because the company will not settle your claim until you do.

You do have a choice.  Your can consult an attorney before taking any action, particularly if it involves giving video or audio-recorded statements regarding the accident or signing any documents put forward to you.

Myth #3:  The insurance company for the person at fault in your case will pay your medical bills and lost earnings as you incur them.

If you are injured and require medical attention, you will need to make arrangements to take care of any bills. If you have health insurance, you can allow your provider to pay for your expenses. Most health insurance carriers have what’s called “subrogation” language in their policies, which  means that they will be reimbursed for any expenses they pay if you obtain a recovery from the party that is responsible for your injuries.  If necessary, a personal injury attorney can provide your medical insurers a letter of protection that offers assurances they will be paid their fees out of any compensation that is awarded.

Myth #4:  All attorneys who handle accident or injury cases have equal, ability experience and resources to deal with your case.

Never assume that all attorneys are the same. When seeking legal assistance, do some research on the lawyers you are considering.   You can learn more about them by visiting their websites and calling their offices for references. You can also call the Texas Bar Association to make sure they have a good record.

Myth #5:  All attorneys charge the same fee to handle personal injury cases.

This is false. Attorneys set their own fees and it’s up to you to find out what those charges are when you do your research.

Myth #6:  If you know someone who has received a settlement or judgment for an accident claim involving similar injuries, you can expect to get the same amount of money as that individual.

Individual insurance companies do use damages formulas to compute compensation packages.  However, the amount awarded to individuals will vary.  This is in part because the nature and extent of the injuries sustained will be different in every case. Insurance companies also have to figure in the percentage of fault to the compensation total. So if a company determines that you were not at fault, then a value of 0% gets assigned. But they determine you were partially at fault, then some other value (such as 10%, 25%, 50% etc.) gets factored in. The final figure that emerges is the amount you can expect to receive.

If you have been injured in an accident, the best thing you can do for yourself is to seek qualified legal assistance immediately. The attorneys at the Barrera Law Firm understand the needs of accident victims like you. Don’t let hearsay guide your actions. Let us examine the particulars of  your case and help you claim the settlement you deserve.

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Following is a list of some of the most common misconceptions couples have about divorce law and what to expect from the  marital dissolution process:

1. Only one parent has rights to full custody of the children.

In the state of Texas, courts talk about “conservatorship” and “access,” as opposed to “custody.” “Conservatorship” refers to the set of rights and duties that accompany being a parent. “Access” refers to the block of time when the non-custodian parent is able to visit with the children apart from the other parent.

Courts try to divide conservatorship between both parents wherever possible. However, one parent may be appointed the primary managing conservator who is in charge of making important life decisions for the children.

2. If one spouse doesn’t pay child support, then the other can block access to the children.

A parent cannot disregard court orders for visitation even if the other parent is delinquent on child support payments. Law is the law and you must follow it to the letter.

3. If a spouse leaves a household and family because of domestic violence, then that action constitutes abandonment.

This is false. Legally speaking, abandonment is defined as a failure to support children for six months or more OR living apart from the family unit for two years or more.

4.  A husband and wife who have not lived together for months or years are legally separated.

No legal separation exists in Texas.  If you don’t have the divorce decree, then you are still considered to be married no matter how long you have lived apart from your spouse.

5. A person who has cheated on his or her spouse automatically loses rights to all property in the marital estate.

While infidelity is grounds for divorce in Texas, it does not usually result in a division of assets that favors the  faithful spouse. The only time when infidelity may impact property issues is in cases where the cheating spouse exposes the children to highly inappropriate situations–for example, sexual activity or anything else that compromises their health, safety or welfare.

These misconceptions about divorce are just a few of the many that exist. That’s why it’s important to seek legal assistance when you decide that ending your marriage is the right step for you. At the Barrera Law Firm, our attorneys are divorce law experts who can help you deal with the many questions and challenges you will inevitably have throughout the dissolution process. Contact us today!

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DWI indicates that a driver:

• cannot safely operate a vehicle due to impairment by either drugs or alcohol;
• is intoxicated to a level that’s above established DWI standards, as determined by a blood-alcohol concentration (BAC) test.

In Texas–which is a zero-tolerance state–you can be charged with DWI even if your blood alcohol level falls below the accepted maximum of .08%.  A first offense for a DWI is a class B misdemeanor. However, if you are arrested with a blood alcohol of .12% or higher, you may face felony charges, particularly if you have been convicted of a DWI in the last 10 years or caused an accident with injuries.

If you are under the age of 21, then getting caught for drinking and driving can result in a DUI charge. For a 1st DUI offense, possible penalties may include a 60-day license suspension, a fine of up to $500, community service and mandatory enrollment in an alcohol awareness program.

If you are under 18, similar penalties apply but a parent or guardian must accompany you at all of your court appearances. If the blood alcohol exceeds the maximum .08%, a court may decide to fine you up to $2000 and impose a one-year license suspension as well as a 180-day jail sentence.

The best advice is not to drink and drive at any time. But if you do and get arrested, then you should seek immediate legal assistance. The attorneys at the Barrera Law Firm are experts in Texas criminal law and can  aggressively defend your rights. We’re there to stand by you when you need us most!

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A second marriage can fall apart for many reasons, if it does fall apart. One of the most common involves monetary problems that get carried over from a first marriage.  Even if this doesn’t happen, if the incomes and standards of living in the previous differ significantly, it’s possible that some family members may start making comparisons that will make the others feel uncomfortable.

Relationships that get created in a new family unit can also get complicated. If one or both of the spouses has children, then the couple will have to develop ways of dealing with each other’s offspring that are fair. And when it comes time to share the holidays with other relatives, coming up with a plan may prove exceptionally difficult.

The truth is that maintaining human relationships–whether in a first marriage or beyond–is difficult. And as the number of relationships increases, the opportunities for conflict grow and the task of keeping the peace gets harder. And even the best-intentioned people can get caught in interpersonal conflicts they could never have foreseen.

No one wants to see a marital relationship fail. But when a marriage does end, the Barrera Law Firm can help. Our experienced attorneys are here to ease you through a difficult experience with compassion and efficiency.  Contact us today!

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Fortunately, Chapter 55 of the Texas Code of Criminal Procedure offers those with a criminal past to clear their records through expungement and orders of nondisclosure. If you are granted either an expungement or order of nondisclosure (or in the case of those under 18, a motion to seal a juvenile criminal record), arrest records and convictions for certain crimes will be permanently deleted from your record. That means criminal information will no longer be available to the public when background checks of any kind are run on you.

Expungement means that records they are removed from all criminal history databases. An order of nondisclosure is slightly different in that it gives applicants the right to not disclose prior arrests, crimes for which he or she was acquitted or pardoned and convictions for which the applicant successfully completed conditions of public service, counseling or probation/parole. Both are designed to help applicants regain public respectability and the opportunities that come with it.

Where young people are concerned, Texas laws allow for the sealing of juvenile records under some circumstances, which makes those records unavailable for any purpose at any time.  This means that a child with an otherwise unblemished record can apply for scholarships, student loans, public educational grants and on-campus housing when he or she goes to the university.

Regardless of whether you are seeking either an expungement or order of nondisclosure for yourself or the sealing of juvenile records for your child, the Barrera Law Firm can help. Our attorneys understand the exacting nature of the application process for all three of these procedures and that proper filing of application materials is critical to success. When you’re looking for a new lease on a better life ror yourself or a loved one, let us be your guide.

Photo credit: Salvatore Vuono

When parents divorce, most state courts ask who will have child custody. In Texas, it’s slightly different. Courts in the Lone Star State will ask who will have child conservatorship. Wording is important here because  conservatorship speaks to caring for and protecting offspring rather than, as in the case of custody, possessing them.

A Texas court may appoint either joint managing conservators or a sole managing conservator. Joint managing conservatorship means that two people (usually the parents) share the traditional rights and duties of parenthood. In joint conservatorship, the court may give a particular right or duty to each parent independently or leave them to work out those duties together. In sole managing conservatorship, those rights and duties fall to just one parent.

If one parent is appointed the sole managing conservator, that individual can decide where the child live. The other may be appointed the possessory conservator or parent with the right to visit the child according to the conditions in the court order.

Texas law focuses on the child’s best interest and supporting continuing relationships with both parents wherever possible. However, the presumption favoring joint managing conservators can be overturned by three things:

• a history of family violence
• previous relinquishment of a child’s care for at least one year
• danger that joint appointment is not in a child’s best interest because it would impair a child’s physical health or emotional development

What all of this ultimately means is that if a mother and father were decent parents during the marriage, they will likely get a chance to continue to parent as joint managing conservators after the marriage is over.

The experienced and compassionate attorneys Barrera Law Firm understand the needs of people seeking marital dissolution. If you are considering divorce, make an appointment to talk to us. We will take the time to go over what conservatorship issues are likely to come up in your divorce. Contact us today.

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A  TDOT study conducted in 2010 showed that alcohol was the common denominator in  nearly all of these crashes. According to one TDOT official, about three-quarters of all the drivers involved in wrong-way crashes were under the influence.

The human toll these kinds of accidents take lingers long after the event itself. One woman named Gwen Edwards who lost her son Louis in a wrong-way crash a year a half ago on Interstate 35 still reports her feelings as, “Anger, yes. I still have a lot…[l]osing a child is a lot different than losing a mother, father, sister or brother.” Louis was just 22 years old and was the only one who perished.

Edwards is still grieving for her son. She has since “turned to Mothers Against Drunk Driving (MADD) for help and says that more needs to be done to protect drivers on the road.” In her view, “[t]he drunk driving laws keep the drivers safer than [they do] the victim. The laws need to be stiffer.”

This coming September, TDOT will begin to research countermeasures against wrong-way driving. “The main goals will be to identify what methods are most successful in getting the attention of impaired drivers, and finding out which countermeasures are most effective and properly orienting the wrong-way driver for alerting them to the fact they’re going the wrong way.”

These countermeasures won’t help you if you’ve recently been in a car accident, particularly one involving a drunk driver and/or wrong-way driving. At the  Barrera Law Firm, we are ready to fight for your rights in a legal system that too often seems to overlook the pain and suffering of car crashes victims. Let us help you get the settlement you deserve: contact us today!

How assets will be divided is of especial importance to older couples. This is because financial stability is a major issue for seniors. After a divorce, not as much time remains for former partners to recover monetarily. Sometimes, the two parties involved find that they either need to put off retirement or go back to work at least part-time to support themselves.

Here is a list of factors that must be considered when dividing the communal property of two divorcing seniors:

• maintenance costs for the family home and any other real estate the couple owned together,
• eligibility for reverse mortgages,
• property tax exemptions,
• whether or not either spouse will be able to get public assistance and have the residency will affect benefit eligibility,
• tax benefits for property ownership,
• eligibility for Social Security benefits,
• retirement benefits.

Another area of concern for divorcing seniors is health insurance and health care. How communal property gets divided may be impacted by the health situation of each respective partner. For example, spousal support may include requiring one partner to carry the other on his or her health insurance policy. And if a spouse has dementia or Alzheimer’s disease, the court may decide to appoint a legal guardian or attorney ad litem to ensure that the disabled spouse’s interests are being protected.

A divorce settlement for two seniors will likely also include issues pertaining to estates and estate planning such as:

• setting up trusts for adult children and/or grandchildren,
• creating a property life estate for one spouse that ensures the other will always have a place to live,
• providing death benefits from a trust, retirement plan or life insurance policy.

Divorce is never easy for anyone and the older you get, the more complex a dissolution may become. That’s why you need to contact the attorneys at the Barrera Law Firm. Our team of experienced and compassionate legal professionals can streamline the divorce process so that you can get on with the business of rebuilding your life. Make an appointment with us and let us help you today!

The Drugs
These drugs, usually called SSRIs, have been commonly prescribed to pregnant women and are associated with causing various birth defects in new born children. The most common defects are heart, lung or cranial defects, cleft lip or palate and club foot. “It is extremely troubling,” stated Ricardo Barrera, head of the firm, “that pregnant women have trusted in the manufacturers of these drugs to provide a safe and tested product only to find out that their children are now paying the heavy price.”

The Studies
In the recent past, the British Medical Journal published a study that infants born to women who were treated with SSRIs in late pregnancy carried twice the increased risk of a specific heart defect than infants born to women not on SSRIs. And the FDA, as early as 2005, issued a warning that Paxil, a prominent SSRI, “increases the risk for birth defects, particularly heart defects, when women take it during the first three months.”

The Help
It is sometimes difficult for qualified individuals to come forward but they may be entitled to compensation to offset the costly past and future expenses which can be associated with cases like these,” said Barrera. The companies involved need to be sent a strong message that their careless and dangerous products will not be tolerated,” he concluded.

Interested parties may contact the firm at (956) 428-2822 or on our contact page to see if they qualify.