Posts Tagged ‘Victim’

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Dallas Attorney On How To Protect Yourself From Fraudulent Census Bureau Workers.

April 26, 2010

Well a new decade has arrived and this means one thing……….the United States Census Bureau workers will begin knocking on our doors.

The general rule is to never give strangers your personal information. But assisting officials in getting an accurate 2010 U.S. Census Bureau count is an important exception. More than 140,000 census workers are charged with counting every person in the United States. The first step is a survey that household residents will receive in March. If the surveys are not returned, residents will be telephoned or visited by census workers. The goal is to gather information such as name, age, gender, and race of each person living at each address.

It’s important that each area’s population is accurately recorded. More than $435 billion in federal funds are distributed across the United States every year based on the population count. In addition, congressional redistricting hinges on decennial figures. All census information collected, including addresses, is confidential and protected by law.

How can you tell if you are talking to a legitimate census worker and not a con artist? It is important to follow these guidelines from the Better Business Bureau:

  • If it’s a U.S. census worker knocking on your door, he or she will be wearing a badge and carrying a Census Bureau canvas bag, a confidentiality notice, and a computer equipped with GPS software to reduce the number of geographic coding errors created by using paper maps. Ask to see the individual’s identification and badge before answering any questions.
  • While the Census Bureau might ask for basic financial information, such as a salary range, it will not ask for Social Security, bank account, or credit card numbers.
  • Do not pay any cash or checks to the census workers. Census workers to not solicit any donations.
  • Census workers will not contact you by e-mail, so be on the lookout for e-mail scams in which someone claims to represent the Census Bureau. Never click on a link or open any attachments in an e-mail that are supposedly from the Census Bureau.

For more information on the census and advice on avoiding identify theft and fraud, visit www.bbb.org and www.census.gov.

If you would like to read further articles on how you can keep your loved ones safe, please visit our website www.TexasJusticeForAll.com.

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Dallas Attorney On How All Parents Should Protect Children From Internet Predators.

April 26, 2010

Over the last decade, a bewildering assortment of laws have been passed recently to protect children from online pedophiles, Internet pornography, and advertisers. Some laws have been challenged and overturned; others have been upheld. Much of the proposed legislation never gets past the committee stage.

The bottom line is: The government is not going to protect your child. Thus, the purpose of this article is to urge you to abide by the checklist below to keep your children safe from predators.

Frightening Statistics Tell The Story: (According to the National Internet Safety Group “Protect Kids) –>

  • 6 Million American children between the ages of 6 through 17 years of age have their own personal Websites;
  • Only 1/3 of households with Internet access are proactively protecting their children with filtering or blocking software;
  • 75% of children are willing to share personal information online about themselves and their families in exchange for goods and services;
  • Approximately 25% of children who encountered a sexual approach or solicitation on the Internet have told a parent;
  • 1 out of 5 American teenagers who regularly log on the Internet say they have received an unwanted sexual solicitation via the Web;
  • 1 out of 33 children received an aggressive sexual solicitation within the past year (i.e. asked to meet the child somewhere, called on the phone, offered money or gifts, etc.);
  • 75% of the targets for online predators are age 14 or older. Another 22% are from ages 10 to 13;
  • 75% of children solicited online were not troubled children;
  • 10% of children solicited online did not use chat rooms;
  • Only 17% of children could name a specific authority, such as the FBI, CyberTipline or an Internet service provider, to which they could report and Internet crime;
  • Only 11% of parents could name a specific authority, such as the FBI, CyberTipline or an Internet service provider, to which they could report and Internet crime;

The following checklist is recommended to help protect your children:

  • Install software to filter out harmful Web sites;
  • Only provide child-safe search engines;
  • Never reveal, and make sure your child never reveals personal information online to anyone;
  • Do not share files with strangers;
  • Monitor children’s Web sites;
  • Avoid chat rooms; and
  • Consider spy software;

It is clear that the Internet provides a valuable service for our children, but it also poses great potential for danger. Parents must take appropriate precautions to keep children safe while using the Internet. We cannot rely upon our government to stop these Internet predators from harming our children.

If you have any questions or concerns regarding the foregoing, please contact our office at (972) 303-4529 or visit our website for other helpful tips in raising your children in today’s society www.TexasJusticeForAll.com.

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Scott Edgett, Garland Injury Attorney, on Tragic Interstate 30 Auto Accident

July 14, 2009

According to the Dallas Morning News, one man was killed and another was critically injured after they were struck by an SUV on Sunday, July 12th as they filled up their van which had run out of gas on a westbound Interstate 30 service road in Fort Worth.

Floyd Boortz, 78, and a 20-year-old man were filling up their tank near the Cherry Lane exit when a sport utility vehicle exited the highway and crashed into them at about 10 p.m., according to Fort Worth police.

The white van flew into the guardrail while the SUV hit a second vehicle, a Dodge sedan whose owner had stopped to help the stranded travelers, police said. Boortz died at the hospital about an hour later, according to the Tarrant County medical examiner’s office. The 20-year-old man was in critical condition according to police.

The 35-year-old SUV driver and the Good Samaritan were not injured, police said. A female passenger in the van was uninjured, and a 2-year-old boy also in the van was taken to the hospital as a precaution.

I offer my deepest condolences to the family and friends of Mr. Boortz during this tragic time. As for the other victim of this auto accident that survived this auto accident, I wish this victim the very best for a complete and speedy recovery.

In such types of serious interstate automobile accident cases it is important for the victims to consult an experienced civil litigation attorney, who can carefully examine and analyze the facts and determine whether there was any negligence or wrongdoing involved. I trust the local police department officials are looking into the motorist’s actions and how or why he collided with the other vehicles. Who had the right-of-way there? Was the motorist driving recklessly or under the influence? Was he or she distracted at the time of the car accident? All these are questions that need to be answered.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Garland, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Frightening DWI Statistics In Texas

June 8, 2009

In Texas, someone is hurt or killed in an alcohol-related automobile crash every 19 minutes. Even more astonishing, drunk driving claims an average of five lives each and every day here in Texas.

Drunk driving is a violent crime. In the United States, drunk driving crimes occur more often than any other crime. Approximately, every five (5) hours, someone is killed in an alcohol-related traffic crash in Texas.

Unfortunately, Texas continues to be among the national leaders when it comes to traffic deaths that involve alcohol. According to the National Highway Traffic Safety Administration, in 2004 in Texas, 1,642 motorists were killed in alcohol-related crashes, second to California by only a single death. In 2004, experts estimate that 70 Texans were injured or killed in alcohol-related crashes every day.

The Department of Public Safety reports that of the 98,349 drunk driving arrests made in Texas in 2004, 303 young people between nine and sixteen years old were arrested for drinking and driving. An additional 9,285 minors between ages 17 and 20 were arrested for driving under the influence. That means more than 11 percent of all the people arrested for drinking and driving were under 21 years of age, the legal age for alcohol consumption in Texas.

Recently, Texas has edged out California once again as the state with the most alcohol-related motor-vehicle fatalities and the highest number of fatalities with drivers over the .08% legal limit. However, these drunk driving statistics have shown improvement, but clearly not enough. In 1982, the highest number of alcohol related deaths were reported, when 2,801 of our fellow Texans died. The lowest numbers were reported in 2005, with 1,544. The percentage of traffic fatalities that were alcohol related was highest in 1982 also, with 66%. That percentage dropped to its lowest level in 2005 also, showing 45% of traffic fatalities as alcohol related.

In 2005 and 2006, out of all traffic fatalities, 39% involved a blood alcohol concentration (BAC) of 0.08 or higher, down from 61% in 1982.

As the hot summer days approach here in Texas, it is important to leave your automobile keys with a designated driver if you are going to drink any alcohol away from your home. Although these numbers are decreasing over the last few decades, the number of alcohol related fatalities and injuries in automobile are still quite frightening. Please be safe and don’t drink and drive!

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Don’t Be A Victim Of Auto Dealer Fraud In Texas

May 20, 2009

Auto dealer fraud is a term that describes deceptive and unlawful practices used by automobile dealers, at almost any stage of the vehicle purchase process: from advertising, to negotiation of vehicle pricing and financing terms. This fraud is plaguing Texas and consumers are being taken for hundreds, and often thousands, of dollars.

While a profitable operation of an automobile dealership is reasonable and necessary, these scams are adding millions of dollars each year to the profits of car dealers at the expense of consumers. Texas’ legislation provides that auto dealers shall not engage in bad actions which are arbitrary, in bad faith, or unconscionable. These violations of this legislation often occurs when dealers pressure consumers into purchasing additional products in the form of extended warranties, guaranteed auto protection insurance (also known as GAP insurance coverage), and car care plans on the premise that such products are necessary to purchase the car or to successfully finance your purchase of the vehicle. These additional products are quite often unnecessary and such tactics are in clear violation of the Texas legislature’s intent to protect consumers.

To avoid auto dealer scams, it is imperative that you adopt the following tips which will help protect all consumers from becoming a victim:

1) Never take “spot delivery” of a vehicle – do not drive it off the lot until you are absolutely sure that the financing is done and sealed. Shop during the weekdays when banks are open and be sure that the loan is approved by a bank in its final form before driving away with the vehicle. Most importantly, do NOT sign any form which allows a dealer a “right of recision” to change loan terms after you have taken possession of the vehicle.

2) Shop for the best loan (and loan terms) as carefully as you shop for the best sticker price. Shop around for the best deal and be sure of the following: the exact number of payments; the total cost of your credit in dollars; the name, address and contact information for the bank that holds the loan; and whether there will be any balloon payment at the end.

3) Collect a second opinion on the loan and be ready to use outside financing from a credit union or bank. Before you buy, ask a credit union or your bank what a loan for that vehicle would cost. Also, get a copy of your credit report from a rating agency, and know where you stand. Compare the dealership’s offer with your independent loan. If the independent loan is preferable, do not tell the dealership that you have arranged for other financing until after you have negotiated the sticker price and are on the verge of closing the deal.

4) Make a budget and stick to it. Before you go to the dealership, use what you know about the sticker price and loan to figure out the monthly payment and loan schedule you can afford. These days, most of this information can be found on the Internet.

5) Plan to go away and come back several times before you buy. Stop the transaction if you feel pressured or confused. Just walk away, and stick to your guns. Remember, you are in control, not the auto dealer.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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The Hidden Deadly Dangers Of Weight Loss Surgery

March 30, 2009

 

We live in a health and weight conscious society. One result of this new awareness has been a dramatic increase in the number of gastric bypass operations (also known as bariatric surgery) performed in the United States. Unfortunately, due to surgical errors and other types of medical negligence a number of gastric bypass patients suffer serious personal injuries from these surgeries each year.

According to the Center for Disease Control and Prevention, obesity has dramatically increased in the United States during the past 20 years. As waistlines continue to expand in this country, so do the number of dieters desperate to lose weight. A recent article published in the Boston Herald revealed that the number of bariatric surgeries, (also known as gastric bypass surgery) has quadrupled since 2000 to 171,000 in 2005, according to the American Society of Bariatric Surgery and the number keeps growing.

The American College of Surgeons is currently working on a program that will certify certain hospitals as “centers of excellence” for bariatric surgery. Hopefully, this will help reduce the number of complications and deaths resulting from weight loss surgeries in the United States. Current complications from gastric bypass surgery range from minor to major and include blood clots to the lungs, bowel leakage at the operation site, peritonitis and hernias. Tragically, these complications can and sometimes do lead to death.

Several types of gastric bypass operations are currently being performed in the United States. These include adjustable gastric banding (lap band surgery) and Roux-en-Y (stomach stapling). Another type of surgery, vertical banding, has for the most part been abandoned by contemporary surgeons.

Gastric bypass the most common form of weight loss surgery in the United States because it results in reliable weight loss. In gastric bypass surgery, the surgeon staples off a large section of the stomach, leaving a tiny pouch. Patients can’t eat as much as they used to before the surgery. The small pouch can only accommodate a few ounces of food at a time, resulting in weight loss.

Since 1997, the Center for Obesity Surgery has been performing a laparoscopic gastric bypass procedure. In this type of surgery, surgical instruments are inserted through small incisions rather than a large one. The patient benefits include a faster recovery time, a lower risk of hernia, and less scarring.

As with any surgery, gastric bypass surgery can have immediate and long-term complications and risks. Some of possible risks can include:

  • Bleeding;
  • Complications due to anesthesia and medications;
  • Deep vein thrombosis;
  • Dehiscence (separation of areas that are stitched or stapled together);
  • Infections;
  • Leaks from staple liens;
  • Marginal ulcers;
  • Pulmonary problems;
  • Spleen injuries;
  • Stenosis (narrowing of a passage such as a valve); and/or
  • Death.

Researchers at the University of Washington found that 1 in 50 people die within one month of having gastric bypass surgery, and that figure increases nearly five times if the surgeon is inexperienced.

Knowing how to distinguish between a bad outcome due to negligence and a bad outcome because of an unintended, but known and accepted risk of surgery, can only be determined by a review of the records by an experienced personal injury attorney and a qualified surgeon.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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An Attorney’s Outlook On How Insurance Companies Value Personal Injury Cases

March 23, 2009

All insurance companies have different methods for placing a value on your claim, but there are a few factors that are constants in every case. The insurance company will be looking at any property that was damaged, physical and or emotional damage to you, both long and short term, medical bills, and other damages.

To begin, medical bills, if applicable, are factored in separately. These are usually ranked in severity and long term, lasting effects. For example, trips to the ER would pay higher than regularly scheduled doctor visits. Likewise, an injury that took or will take a long time to heal is more “valuable” than an injury in which the victim recovers quickly.

It is very important that the doctors are told every detail about all injuries that may have been caused in the accident. The value of a case increases when the doctor assigns more than one injury code to a patient at the time of the first examination. These injury codes must be in the doctors chart notes. They will not get into the chart notes unless you, the injured party, tell the doctor what your physical complaints are.

There are two types of injuries. The first category comes from an injury that causes pain. Report all of your pain to your doctor. The second type of injury is one that causes functional loss. That means any condition after an accident that limits your normal functioning level in daily activities at home, at work and at play. For example, if you can’t turn your neck fully after an accident, then that is a limiting function that should be reported to your doctor.

Remember, it is in the insurance company’s best interest to set a lower value on your claim than you will want, since they want to limit the amount they have to pay out. It will be up to you (or your personal injury attorney) to build the case for your claim to be a higher value.

They key to building your case will be careful documentation of everything involved in your case. Keep diligent records of every expense, every doctor’s visit, every loss you feel you have suffered due to the accident. The more organized and prepared you are, the less “wiggle” room an insurance company will have in negotiating your settlement. For example if your case is based on your memory alone, or just verbal statements of losses, you case may have much less value, than if you had organized receipts, photographs, witnesses’ statements, etc.

The negotiation process can be very stressful and confusing if you are not used to dealing with these types of situation. Remember, to, that the insurance companies have people on staff who’s job it is to be the best at lower the exposure (financial losses) to the insurance company – they are not in business to be sympathetic to you or your situation. It is strongly recommended that you hire an attorney who specializes in personal injury cases.

It is both an art and a skill in successfully negotiating a personal injury settlement with an insurance company. Unless you have the experience and knowledge of the laws of your state regarding your case, you will find that you may settle for a lot less than you deserve if you try to represent yourself.

Protect yourself after any accident! Before you speak with anyone concerning your case, find out what your rights are and what compensation you may be entitled to.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.