Houston Lawyer Blog
BP Benzene Leak Lawsuits
Aug 5th
In a community of 44,000 residents, the British Petroleum (BP) benzene spill has caused panic and fear in Texas City. Many citizens complain of dizziness, fatigue, nausea and shortness of breath–while one woman described her symptoms as feeling like she is pregnant.
According to khou, two lawsuits have been initiated on the matter. Causation is the biggest factor to contend with, that is, the attorneys must show that the symptoms (i.e. the damages) were a direct result of the benzene exposure.
It helps to speak to an attorney on the matter simply to go over symptoms and possible remedies. If you have been affected by the benzene spill in Texas City, please call us for a free consultation. We have seminars available every Saturday in Texas City at Kelley’s on I-45 in La Marque, starting at 3:00 p.m. Or, you can call us directly and speak to an attorney: (281) 888-8888.
Some Kind Words from Intern Saman
Jul 16th
This summer, we welcomed Intern Saman to join the team at Ramji & Associates. Here, she worked closely with Attorney Ramji and Attorney Dunn organizing case files and reaching out to clients to ensure customer service. Here are some kind words Saman wanted to share from her experience:
Coming into Ramji & Associates not knowing what to expect was very challenging at first, but working for just a few weeks here completely changed my perspective. Being the new intern in this office, everyone did their best to make me feel at home. They trained me in every aspect possible and helped me learn SO much. I came into this office expecting to maybe do some data entries and paper work, but this office has provided such an amazing educational experience. From the people, to the work environment, and the work ethics Ramji & Associates have, it makes it hard for me to say I do not love this place.
Working with Ramji & Associates has shown me that this law firm really does do the best it can NOT for business, but for its people. They look at every case and fight for it in the best way they can, not because they get paid for it but because that is the difference between Ramji & Associates and other Law Firms. They try because they really do want to protect you from insurance companies and such. From being the new fish in the lake and coming this far, all I can say is that I am truly proud to be working in part with Ramji & Associates… there’s no one else like them. I just wanted to say thank you!
Contingent Fees in Personal Injury Litigation (Chinese Version)
Jul 13th
Traditional Chinese:
簡談人身傷害訴訟的 “勝訴取酬制”
人身傷害訴訟包括的範圍很廣，例如交通事故傷害，打架、僱用、產品質量等造成的傷害。值得注意的是， 人身傷害的訴訟是法律中很特殊的一個領域， 是窮人也可以打得起的官司。在這種訴訟中， 律師都採用“勝訴取酬制”，通俗一點講， 就是當事人事先無需交納代理費用，待案件勝訴後，按照事先約定從勝訴所得的賠償金中由當事人支付給律師一定比例的代理費用；如果判決未如人意或未能達到雙方確定的勝訴標準，當事人無需支付代理費，由律師自行承擔已墊付的各項費用和損失。在大多數的交通事故傷害訴訟中， 律師一般會收取1/3的賠償金作為律師費。
對於當事人來講，這種制度有幾大優點：
第一， 當事人事先不用繳納任何律師費，而只從最後賠償金中支付一定比例給律師。這就從很大程度上降低了當事人的經濟風險， 減輕當事人的心理壓力。
第二， 代理律師會竭盡全力打贏官司，為當事人爭取盡可能多的賠償金， 以使自己也能夠收取一定比例的律師費。
總而言之， “勝訴取酬制”是一種對當事人極為有利的製度， 它讓每一位人身不幸受到侵害的人都機會求助於法律，為自己討回一個公道。
Simplified Chinese:
简谈人身伤害诉讼的 “胜诉取酬制”
人身伤害诉讼包括的范围很广，例如交通事故伤害，打架、雇用、产品质量等造成的伤害。 值得注意的是， 人身伤害的诉讼是法律中很特殊的一个领域， 是穷人也可以打得起的官司。 在这种诉讼中， 律师都采用“胜诉取酬制”，通俗一点讲， 就是当事人事先无需交纳代理费用，待案件胜诉后，按照事先约定从胜诉所得的赔偿金中由当事人支付给律师一定比例的代理费用；如果判决未如人意或未能达到双方确定的胜诉标准，当事人无需支付代理费，由律师自行承担已垫付的各项费用和损失。在大多数的交通事故伤害诉讼中， 律师一般会收取1/3的赔偿金作为律师费。
对于当事人来讲，这种制度有几大优点：
第一， 当事人事先不用缴纳任何律师费，而只从最后赔偿金中支付一定比例给律师。 这就从很大程度上降低了当事人的经济风险， 减轻当事人的心理压力。
第二， 代理律师会竭尽全力打赢官司，为当事人争取尽可能多的赔偿金， 以使自己也能够收取一定比例的律师费。
总而言之， “胜诉取酬制”是一种对当事人极为有利的制度， 它让每一位人身不幸受到侵害的人都机会求助于法律，为自己讨回一个公道。
Texas Lemon Laws
Jul 12th
Have you recently experienced driving down the road in your new glistening, clean car scent, perfectly manufactured, immaculate, fresh off-the-lot vehicle, when all of a sudden–in the middle of rush hour traffic–your car hood explodes in smoke and shuts off? If this is your case, then you might have a Lemon Law claim against the seller. The Texas Lemon Law is a state law that allows consumers who buy new vehicles and have consistent problems getting the vehicle repaired. To declare your motor vehicle a lemon the following factors must apply:
- The vehicle has a defect or abnormal condition.
- The defect covered by a manufacturer’s written warranty.
- The owner reports the defect to the manufacture within the written warranty’s expiration.
- The owner gives the manufacturer a reasonable number of attempts to repair the defect.
- The owner gives the manufacturer a written notice of the defect and at least one opportunity for repair.
- The defect depreciates the vehicles market value, or creates a serious safety hazard.
The Lemon Law must be filed six months before the written warranty expires, or 24,000 after the day of purchase. This may sound like a lot of work that you might have to prepare for the manufacturer’s mistake. This is why many will advise getting an attorney to help assist you; it can also knock off a lot of that stress and get you the service that you deserve. The benefits of getting an attorney can be a refund, replacement, repair, and/or reimbursement of incidental expenses on your motor vehicle. One mistake can close your Lemon case, so don’t be the victim of a big manufacturing company. Get help and seek guidance from a professional who will represent you and handle it correctly all the way through.
Accidents Caused by Drivers on the Phone
Jul 9th
Studies show that you lose concentration on one task if you are performing another task at the same time. Talking or texting while driving distracts the driver. We all don’t do it, but we are all potential victims. This just isn’t fair. We drive to work, we drive to the store, we drive with our loved ones, we drive on vacation, etc. When some other person is driving talking or texting, they not only put themselves at risk, but others as well. They can cause major accidents which at times are fatal. Just last month, our office unfortunately witnessed a 7 car accident, in which a lady, distracted by texting, killed an individual on a motorbike. A cell phone accident attorney can help.
Many states have started banning the use of mobile devices while driving. Even pedestrians are at a major risk while texting and walking. Using a cell phone while walking into traffic, has unfortunately become a common cause of death.
Trying to perform many tasks at the same time is not only liked to negative effects on the brain. Many individuals feel that having a major accident will never happen to them if they just quickly send that last text out, or have that quick last conversation, or check an email really fast. Remember, it only takes one major accident, in one split second, to cause either you or someone you don’t even know to be dead or to become permanently disabled.
Please DO NOT use your phone for anything while driving. What happened to having a nice drive, enjoying the weather, listening to good music, etc? If you or someone you love is injured by someone using a cell phone, then you really need to call your cell phone accident attorney. Do not let this wait. Remember: Time is always against you when dealing with a personal injury.
Article Written by: Attorney Arshad Ramji – Doctor and Lawyer
Whiplash Compensation
Jul 8th
What is a Whiplash?
A whiplash injury can occur in many instances; the major cause of whiplash injures is from car accidents. The term “whiplash” comes from the actual whipping of the neck, similar to an actual whip. A central feature of such an injury or trauma is inflammation. Without such an inflammatory response, believe it or not, the healing process would be drastically slower or even nonexistent!
After a traumatic event, like a car accident, inflammation is a very quick response. Why does a damaged area become inflamed? Why does the area hurt? Why is movement of that area limited? Why is it so important to get immediate care?
Why Inflammation?
When, for example, the neck is involved in an “acceleration/deceleration” accident, or an extension/flexion injury, such as ‘whiplash,” there are minor tears in the muscles and in the capillaries that supply blood to the affected area. There is a vasodilation effect to the injured area. Basically, the area gets injured, there is internal tearing, there is internal bleeding, the body responds with ‘healing’ cells and protein. When all of the healing elements ‘meet’ in the injured area, there is a type of clog. This clog is what causes the area to swell, thus the inflammation. Then the pain begins…
Why the Pain?
The pain is present because there is intense pressure on the surrounding areas due to the inflammation. The pressure signals propriocepters in the vicinity that send a signal that there is pressure and the brain then computes this as pain.
Why a Lack of Movement or a Decreased Range of Motion?
Besides the pain generated by the pressure, the result of prolonged swelling is caused by deposits of fibrinogen into the tissue space, adhesions, ad decreased normal tissue flow. With all of this going on in a small area, everything tightens up and the joint in that area suddenly doesn’t have enough space to move, thus, decreased range of motion. Many times, a whiplash injury can even cause a disc lesion. A disc lesion can cause many other symptoms. (See disc lesions or sciatica for more information on this.)
Why Immediate Care?
If left untreated, it may take months and months to reabsorb and reorganize. The affected area can start to lock up as a body’s response to keep the area still so healing can occur. If the injured cells are not cleaned out of that area, then prolonged injury can result which you may be complaining of years down the road. Elevation and pressure are great immediate tools that should be implemented in the area if possible. Then cold therapy, also known as cryotherapy, is the next preferred step. Cryoptherapy decreases the flow by constricting the blood vessels and thus decreases the swelling. This gives the body a faster opportunity to start repairing the damaged walls. Once this is repaired, (sometimes takes 72 hours) heat is the next preferred treatment. Heat therapy causes the vessels to dilate, and thus causing increased blood flow. This increased blood flow washes out the area and allows more healing to occur.
How Can I Pay for all of this? How can I get Whiplash Compensation?
The term “whiplash compensation” is defined as money/compensation that an injured person/victim can receive when the injury is caused by another person or company. Whiplash compensation is essential for payment for medical expenses to treat whiplash injuries. Whiplash injuries, as stated above, if untreated, can cause long-term damage to the body. If you or someone you know is suffering from a whiplash injury that was caused by someone else’s negligence, then you need to seek out whiplash compensation.
Quick Summary
Whiplash trauma is a common result of a car accident. Treating the injured area quickly is very important.
Not having money for treatment, medicine, therapy, etc, should not be a barrier for your health.
There is nothing that you have to pay.
Hiring a lawyer to help manage payment for your care doesn’t mean you are law suit happy. Most of our cases are handled out of court. We assist to make the process smooth. We help find a good facility for your care, paying medical bills from the insurance proceeds, and giving you money for your inconveniences and for pain and suffering.
Article Written by: Attorney Arshad Ramji – Doctor and Lawyer
Texas Roadhouse Slip-and-Fall Case
Jul 7th
In 2008, I took my grandparents to a hearty Texas steak dinner at a local restaurant called Texas Roadhouse. I thought they would get a kick out of the chain restaurant’s western theme and Willie Nelson memorabilia. As soon as we walked in, we noticed the empty peanut shells littered all over the floor. When the hostess saw my snarled lip, she mentioned that the décor was intentional and that it was part of the restaurant’s charm.
I gingerly walked my grandmother across the floor thinking of all the potential liability of falling on the slippery shells. Another person in Temple, Texas, Angela Bishoff, did not consider the possibility of injury and literally ate the floor when she slipped on a section of the restaurant with hardwood flooring and tons of discarded peanut shells. The slickness from the oil in the peanuts caused Bishoff to fall down, and she ultimately suffered a broken kneecap.
The rule in Texas for slip-and-fall and premise liability cases is that the plaintiff must show that the restaurant knew of the dangerous condition and that the condition posed an unreasonable risk of harm. Opposing counsel clearly took issue with that claim, stating that the shells posed an “open and obvious” condition and that Bishoff should have appreciated that the floor could be dangerous to walk across.
Bishoff’s camp counter-argued that Texas Roadhouse created an “extremely dangerous condition” by allowing its employees and patrons toss peanut shells across the floor. This argument sealed the deal because the jury awarded Bishoff and her husband $185,000. The verdict included:
- Pain and Suffering;
- Mental Anguish;
- Future Medical Treatment; and
- Loss of Consortium—a fancy way of awarding a couple for their loss of relations during a certain period of time.
The same jury that awarded Bishoff the generous verdict also found her to be 50% responsible for her injuries because on the day of the accident, she wore high heels. The comparative negligence factor reduced Bishoff’s award to $92,500. Even with this large judgment in favor of the plaintiff, I am glad I held my grandmother’s hand and made sure she got to her seat safely.
Sources:
How to Sue in Texas Small Claims Court
Jul 6th
In the United States, you can practically sue anyone for just about any reason. In Houston, Harris County, Texas, if the recovery amount is over $500 but does not exceed $10,000, you can file in Small Claims Court. While you should seek guidance from an attorney before pursuing any matter in court–and you may have representation available in a Texas Small Claims courtroom–many people choose to defend themselves in Small Claims.
Before You File A Small Claims Lawsuit
Before you file a lawsuit in a Harris County Small Claims Court, have the following items ready:
- The legal name and address of the person you wish to sue
- Any evidence–paperwork, contracts, emails–that support your case
- A statement of facts alleging what occurred
- Money for administrative fees
Proper Venue for Small Claims Court
Venue is the proper or most convenient location for trial of a case. There are eight precincts in Harris County. In order to determine the proper court to file a lawsuit, consider these two factors:
- Venue must be brought in the county where the defendant (the person you are trying to sue) resides; and/or
- The county where the controversy took place.
The Cost of Small Claims
To initiate a lawsuit in Small Claims Court, one must pay a $34 filing fee. After you file paperwork in court, the court must alert the defendant (i.e. the person being sued) that they are to appear in court. This is called service, and it is a mandatory cost of $65. The Harris County Justice of the Peace accepts cash, cashier’s check, money orders, debit cards, and major credit cards: Visa, Mastercard, American Express, and Discover. To see a breakdown of costs and other potential fees, click here.
Ready for your day in court? Fill out the Small Claims Petition or download and print it here. Good luck!
Sources:
Harris County Civil Courts at Law
Plan Your Estate in Advance, Save Your Loved Ones Some Trouble
Jun 30th
Are you still at a young age, building up a prosperous career? Are you just about to start a family? For many people, it is distant and foreboding to even think about the phrase “estate planning.” However, writing a will and plan your estate ahead is really about caring for your loved ones, seeing they are provided for, and making sure your property will be distributed according to your own wishes.
Legal Consequences of Dying Without a Will
When a person dies without leaving a will, his or her estate goes through probate. Probate is a fancy term for the legal process that occurs after a person dies. The probate court system must first validate that the will is authentic, and then proceed to distribute the estate among the heirs. When a person leaves no will, the probate court must decide, according to the laws of the state, who gets what.
Probate is a lengthy and expensive process that can take anywhere from a few months to a few years, depending on how complicated the estate is. Without a will, the probate court will decide who the heirs are, and what each heir should receive. Under such circumstance, the deceased has no way of preventing certain persons from receiving assets. Sometimes, the outcome may be entirely against the deceased’s wish about what he or she wanted to happen and can also lead to fighting among the heirs. You can avoid this situation by creating a will, or you can avoid probate altogether by creating a living trust.
Tax Consequences of Dying Without a Will
There are negative tax consequences that may arise for your estate as well as your heirs if you don’t have a will and don’t provide for any tax avoidance methods. Both federal and state governments may impose taxes on the transfer of your property, and a tax may also be imposed on the property distributed to your heirs.
The easiest way to avoid this scenario is to create a will. Your will guides the court, the person you choose to administer your estate, and your heirs on how to distribute your property and pay your debts.
There are ways to limit the amount of taxes your estate will have to pay when you die. For example, you may transfer some of your property while you’re still alive. This is known as an inter vivos gift. It reduces your taxable estate because if you don’t own it anymore, it can’t be taxed. Other ways to avoid estate and inheritance taxes include creating a trust or purchasing a life insurance policy.
What Can You Do?
Generally speaking, the best way to make sure your loved ones will be properly cared for and your estate distributed according to your wishes is to consult an estate planning attorney who will advise you on how to best protect your assets and ease the tax burden on your estate and your heirs.
