What Must You Prove to Get Compensation in a Personal Injury Lawsuit?
The Texas Attorney
by Bailey & Galyen
4d ago
What Is the Legal Basis for a Personal Injury Claim? When you’ve suffered any type of injury because of the actions of another person, you have the right to hold them accountable by filing a personal injury lawsuit. What is the legal basis for recovering compensation for injury or loss sustained in an accident? What must you prove to successfully recover damages? The Legal Basis for a Personal Injury Claim Liability for injury or loss in a personal injury lawsuit may be based on intent, recklessness or negligence. As a practical matter, while personal injury claims occasionally allege intentio ..read more
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What Is the Difference between Lawful Permanent Residency and Citizenship?
The Texas Attorney
by Bailey & Galyen
1w ago
What Rights Come with Lawful Permanent Residency? What Rights Do You Get with Citizenship? When you’re seeking to make the United States your home, there are typically two goals you have in mind: lawful permanent residency and citizenship. Though many people confuse the two and others use the terms somewhat interchangeably, they are distinctly different, offering different levels of protection and a different set of rights. What Is Lawful Permanent Residency? Lawful permanent residency allows a person not born in the United States to remain in the country indefinitely, provided you do not enga ..read more
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What Are Your Rights in Texas if Your Employer Doesn’t Subscribe to Workers’ Compensation?
The Texas Attorney
by Bailey & Galyen
1w ago
How Can You Recover for Injuries Sustained in the Workplace? In every state, there are laws establishing a workers’ compensation system, which offers a streamlined process for recovering compensation after a workplace injury. In many states, most employers are required to maintain a policy of workers’ compensation insurance and provide workers’ compensation benefits to employees. Texas, however, does not compel private employers to subscribe to the state’s work comp system. What are your rights and options if you are hurt on the job, but your employer does not participate in the Texas workers ..read more
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Texas Divorce—Can You Be Compelled to Set Aside Money for Your Child’s Education?
The Texas Attorney
by Bailey & Galyen
1w ago
Will a Court Order You to Contribute? Your marriage is irreparably broken and the best way forward is through divorce. You have minor children and, like any parent, you want them to have every opportunity you can provide, including access to a college education. Who has the responsibility to pay for a child’s college education when a marriage terminates in divorce? Can the court force you to make contributions to a college education fund or compel you to pay a portion of your child’s tuition or other educational expenses? Does Texas Law Require both Parents to Pay for or Set Aside Money for a ..read more
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The Different Types of Damages Available in a Personal Claim
The Texas Attorney
by Bailey & Galyen
2w ago
What Losses Are Recoverable When You Have Been Injured? In the aftermath of an accident, where the wrongful acts of another person have caused you to suffer physical and financial loss, you have the right to seek compensation, commonly referred to in the legal system as “damages.” What types of damages are available in a personal injury lawsuit and how are they commonly calculated? What Types of Losses May Be Recovered in a Personal Injury Claim? There are generally six different types of losses for which a plaintiff (injured party) may be financially compensated: Loss of income or wages—This ..read more
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Am I still eligible for Worker’s Comp if the injury was my fault?
The Texas Attorney
by Bailey & Galyen
2w ago
Workers’ Compensation benefits are not based on whether it’s your fault or the employer’s fault, if they have Workers’ Comp coverage. So if you lifted something incorrectly or you didn’t know how to use a machine properly, and you got hurt because of it, you’re going to be covered under Workers’ Comp if they have coverage. Don’t worry about whether it’s your fault or not. There are instances where your Workers’ Comp can be denied such as when you are playing around at work or not doing something that is furthering the affairs of your employer; they are going to dispute your injuries. If you g ..read more
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How can you get a green card?
The Texas Attorney
by Bailey & Galyen
2w ago
There are multiple ways, I do family based. If it is a US citizen parent, they can do it. They can petition for their spouse and their children under 21. If you are a child over 21 and a US citizen, you can petition for your parents as well. There is also another category called preference category and they can petition for people as well. US citizen parents can petition for unmarried and married children. Green card holders over 21 can petition for their spouses, children under 21 and also adult children over 21 if they are unmarried ..read more
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Is it possible for my ex-spouse to leave the state with my kids?
The Texas Attorney
by Bailey & Galyen
2w ago
The court is going to be more concerned with protecting the rights of the children to have both parents. 99% of the time the court’s going to impose a geographic restriction on the residency of the children to require them to stay in the same county, or at least a county touching that county, because the court wants to protect the children’s right to frequent and continuing access to both parents ..read more
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What Are Your Rights When an Employer Fails to Pay Earned Overtime?
The Texas Attorney
by Bailey & Galyen
3w ago
Your Options in Texas You work hard to provide for your family, volunteering for overtime when it’s available. What are your options when you’ve clearly earned time and a half for your efforts and your employer either pays you your regular wage or chooses not to acknowledge any overtime at all? When Does an Employer Have to Pay Overtime in Texas? According to Texas law, an employer must pay an employee at the rate of one-and-a-half times regular wage for any time in excess of 40 hours in a given work week. Often, an employer will claim that you’re not an employee or that you are an “exempt” em ..read more
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Comparative Negligence in Texas
The Texas Attorney
by Bailey & Galyen
3w ago
What Happens If You Caused an Accident Where You Suffered an Injury? You’ve been injured in an accident, and it seems clear to you that the other party was entirely responsible for causing your injury. Don’t be surprised, though, if defense attorneys allege that you share some of the blame. What will that mean? If defense counsel can prove that you were careless, too, and that the accident wouldn’t have occurred if you hadn’t been negligent, will you be barred from recovering anything for your losses? In Texas, as in other states, that depends. Contributory and Comparative Negligence in Texas ..read more
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