How to obtain a judgment on the Pleadings in Federal Court

Our Law Firm has been representing victims of police violence in Federal Court with great success. Many times, our lawyers obtain judgments on the pleadings before going to a trial.

Our San Antonio Lawyers are here to help the victims of police brutality, specially when the victim is dead. Bellow is an example of pleading filed in Federal Court to help practitioners obtain a judgment on the pleadings pursuant the Federal Rules of Civil Procedure.

PLAINTIFFS' MOTION FOR JUDGMENT ON THE PLEADINGS

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COME Plaintiffs, Movants herein, and request the Court to enter Judgment on the Pleadings in favor of Movants on the claims set forth herein, and against Defendants (hereinafter Non-Movants), and in support thereof, show the Court the following:

After the pleadings are closed but within such time as not to delay the trial, any party my move for judgment on the pleadings. Federal Rules of Civil Procedure 12(c).The standard for deciding a Rule 12(c) motion is the same as a Rule 12(b)(6) motion to dismiss.

The court "accepts all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff." In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir. 2007), petition for cert. filed, (U.S. Nov. 26, 2007) (No. 07-713).

The plaintiff must plead "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, - U.S. -, 127 S.Ct. 1955, 1974 (2007).

"Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact). Id. at 1965.

Averments in a pleading which a responsive pleasing is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Federal Rules of Civil Procedure 8(d).

When the facts of the case are such that a judgment on the pleadings can be obtain, practitioners need to be aware of them.

If you, or someone you know has been a victim of police brutality, give us a call at (210) 979-9777. We care about your legal needs!

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Do you have to tell your insurance company?

In Texas, insurance companies have ways to get out of having to pay for the accident caused by their insured. This is so because, the insured has an affirmative duty to inform "or give notice" to the insurance company about potential exposure to liability.

For example, we represented an injured person and won at the trial. The insurance company filed an appeal, we won that too, yet, the insurance gets another bite at the apple when now, they are claiming that, the insured never gave them "notice." I guess they forgot that they filed the appeal.

This is just an example of how insurance companies used their power (money) to get out of paying for their responsibilities. This is why they are rich, and we are not! If you have a problem with your insurance company, give us a call (210) 979-9777 or visit our websites: http://www.thebaezlawfirm.com or http://www.san-antonio-lawyer-attorney.com

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Serious injuries, come and see us

Our San Antonio Lawyers have been helping people in Bexar County when they suffer serious injuries as a result of some one's negligence. Auto Accidents are the main culprit, but also injuries caused by doctors, police officers and others.

The Baez Law Firm helps victims of car accidents, even when the victims don't have health insurance. Our lawyers will negotiate your settlement, and if needed, will go to trial for you. Let us help you with your case, do not do it alone.

Our Personal Injury Lawyers help victims of medical malpractice in Texas. The law is very rigit, and our lawyers know how to litigate a case under the new law. Give us a call (210) 979-9777 to set up a free initial consultation.

We have helped victims of police brutality in Texas successfully. If you have been a victim of police brutality in Texas, you need a law firm that is able to handle the police "qualify immunity" issues that could end your case. Let us fight for your rights in court.

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Serious injuries, come and see us

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Had a police brutality case, come see us!

As a citizen of the United States, you have constitutionally given rights that protect you. Texans are not an exception. When police uses excessive force "police brutality" you need a law firm that knows how to handle the case.

Regretably, the law in Texas protects police officers. In Texas, there is a force continuum that allows the cops to always be in a position superior to any other. The reason is simple, but the results are catastrophic. Because this false sense of security for the cops, some cops missuses that power, and that is when your rights can be violated.

If you suspect that your civil rights have been violated, give us a call (210) 979-9777. We handle federal cases all throughout Texas.

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Helping you with your injury

Many times, prospective clients indicate to us that they need help with their personal injury cases. Often times the problems is that people think that they can handle their own legal problems, simply because they have seen it on television. The fact of the matter is, they cannot.

Lawyers go through intensive training and develop skills with time that the lay person cannot posses by watching television. If you think about it, insurance companies have top lawyers representing them. With that in mind, you should too.

We received a call today that the person wanted help. They wanted us to answer one question because the statute of limitations was tomorrow, so they needed advise. They mentioned numerous legal terms that were irrelevant to what they wanted to accomplish. We told them they did not need advise, they needed a miracle.

Our San Antonio law firm handles injury cases against negligent people. We often fight insurance companies to negotiate settlements on behalf of our clients. In every situation, the insurance companies tries to negotiate a case in order to minimize their exposure. Since we know that, we are able to use that tool for our client's advantage.

We also handle cases against police departments that have deviated from their principle duty to serve and protect. Although police forces enjoy what is called "qualify immunity," many times they have exceeded their authority which violates people's constitutional rights, and that is when we come in.

Please, if you have been injured in San Antonio, you need a lawyer that can handle your case. Do not do it alone. We offer free initial consultations in order to evaluate a case and give our clients the best possible answer.

Give us a try, and you will see the difference that our law firm has to offer.

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Let us handle your injury case

We are San Antonio Lawyers that handle your injury case. Our lawyers have litigated injury cases in Texas with great results for our clients. Do not do your case alone, let our experienced lawyers handle your injury case. You do not pay us, unless we win your case, it's that simple.

Insurance companies do not want you to contact us because we obtain settlements for our clients far greater than what they want to pay. In fact, they will contact you before you can contact us, in order to minimize their exposure. That is a common practice in the insurance industry, and one that does not help you, the injured party.

Do not trust the insurance companies when they tell you: "you are in good hands, we are always there, been local counts..." and many more slogans created by them. The fact is simple, they are there to make money, not to take care of you.

If you are a victim of an accident that left you with broken bones, lacerations, bruises, cuts, bleeding, fractures, or any injury, please contact us first. We can protect your case and ensure that you are taken care of properly.

Come see us, and you will know the difference from the moment that you walk through our doors. Your consultation is free. You have nothing to loose, and everything to gain. Give us a call today!

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Personal Injury Trial Lawyers

The Baez Law Firm has been helping injured Texans for several years. Our attorneys will take time to listen to your facts, and will take your case to trial when necessary. Many times though, our attorneys have the tough job to tell a client that, there is no case. When you have been wronged by someone, come see us. We will treat you with respect and dignity. When someone is responsible for their negligence, come see us. We can help, but if we can't, we often tell you who can. Come see us, and you will see the difference from the moment that you walk through our doors. Your personal injury consultations are always free. Visit our websites at http://www.thebaezlawfirm.com or http://www.san-antonio-lawyer-attorney.com

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Medical Malpractice law in Texas

The law has changed in Texas, sometimes to the detriment of the victims of malpractice. This is true in the area of wrongful death. Years ago, a victims family could file a wrongful death or survivor actions for the wrongful actions of a doctor that negligently procured the death of the loved one. Now a days, that is no longer the case.

Texas law changed with proposition number 12, which created section 74 of the civil practice and remedies code. This is a very broad law that pretty much swallows a wrongful death action against any doctor or medical treatment facility for that matter. The law created the infamous "caps" on non-economical damages.

The proponents of the law, falsely accused trial attorneys of filing numerous frivolous law suits which allegedly increased the premiums on doctors, making it impossible for them to practice medicine. With that lie, the public voted for proposition number 12 and the results have been catastrophic.

A victim of a doctor's negligence is only allowed a recovery of $250,000 no matter what the injury was. In other words, lets supposed that you were a prominent entrepreneur, making millions every year, and you had a stomach pain. You go to the doctor and the doctor negligently takes your kidney out, but you only had indigestion. Now you have to be on dialysis for the rest of your life, your sex life is gone and your wife left you. Now you are broke, can't work and are placed on disability by the social security. Your maximum amount of recovery against the doctor is $250,000. And you are expected to live the rest of your life with that.

Let's supposed that you are an avid dancer that loves to take your wife dancing every weekend. You have back pain, and decide to go to the doctor for pain management. A neurosurgeon tells you that you have pinched nerves, but tells you that he can help you with a simple surgery. You decide to go through with the surgery, but the doctor severs a nerve in your spine that leaves you with drop foot. Now, you cannot dance and you are in constant pain. You have to wear a boot for the rest of your life and of course, no more dancing for you or your wife. The doctor gets to continue to make the same mistake to other victims, and your life, as you knew it is over. But wait, you may get $250,000 form the insurance, assuming that you find an attorney that will take your case.

Medical Malpractice law in Texas has become an obstacle for the people who really needs it the most, the injured victims. Because of false information, victims are now facing the harsh reality that, they will never be compensated for he wrongful actions of irresponsible doctors. And by the way, doctors came to Texas by the thousands when the law changed.

We have been helping injured Texans fight for their rights. Let our experts handle your case and take it to a successful recovery for you. We will continue to fight for your rights, and we will continue to try to change the law as we know it for the better of the victims.

Visit our websites: The Baez Law Firm, P.C or San Antonio Lawyer/Attorney or San Antonio Injury Trial Lawyers.

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Homes evacuated in San Antonio

AP News- Thank God that no one was injured, or so the reports say, but what a nightmare. Construction crews, presumably from Centex Homes moved dirt to shore up a group of houses precariously perched on a crumbling hill in San Antonio on Monday as engineers tried to determine why the land below was shifting, causing dozens of homes to evacuate.

The City of San Antonio is saying that a wall that was supposed to retain the dirt in place to prevent what happened, was built without a permit. Gaping crevices, some 15 feet deep, cut across several yards as dirt cascaded into a towering stone retaining wall that nearly split in half.

Home buyers are wondering now whether the premiums payed for the supposed "view" were worth the trouble that now they face. Some lot owners payed $10,000 additionally for the upgrade that now it does not seem like an upgrade at all.

The Baez Law Firm will be representing home owners against the building companies in an effort to bring the buyers closure during this nightmare. If your house has been one affected, give us a call. Our San Antonio Law Firm can help you with your legal needs.

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Why do you need damages?

Many people comes to our firm and ask, can we sue the negligent party for what they wrongfully done to us. In many cases, the answer is yes but upon further analysis of the cases, it becomes clear that the damages are missing. In order to recover under the theory of negligence, the law is clear, the fact that you have to have damages is as important as the fact that some one was negligent.

When there are no damages, unfortunately for many individuals, that means that there is no case at all. We have found this result with many medical malpractice cases and premises liability cases. Not so much so on the area of auto accidents. The reason is clear, if there is a car collision, there are some damages, both to the property and the person.

As an attorney, one has to look at the case, specially for negligence cases as one that can potentially reward the risk that the lawyers takes on taking the case. Since these cases are often taken on a contingency basis, the lawyers needs to insure that all elements are present before taking the case.

In a nut shell, for negligence to be actionable, there has to be 1) duty, 2) a breach therefrom, 3) actual cause, 4) proximate cause, and 5) damages. Miss one element, you miss the case. Although many cases the damages be nominal, generally, the greater the damage, the greater the recovery.

So, next time you hear the hype from highly commercialized lawyers, don't think that they are better at recovery, they just take the cases with the greatest rate of return form them and make it appears as though every case is going to win big.

If you have suffered or been injured by some one, give us a call (210) 979-9777 we will evaluate your case free and we will treat you with respect and dignity because, we care about your legal needs.

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San Antonio attorney and legal team

When you are looking for an attorney in San Antonio, whether for an auto accident, or or a personal injury case of a love one, you have come to the right place. Our San Antonio law firm has the capabilities of handling your case with respect and dignity.

Our Bexar County attorneys have the experience that you need to win your case. Our lawyers in San Antonio handle complex cases of litigation and simple ones at an affordable rate. We offer payment plans. When you have a legal need, you need a law firm that can help you.

Don't face an insurance company alone, they have their legal team, and so should you. Come see our attorneys in San Antonio that handle cases in Bexar county and contiguous counties. We help you with your car accident, divorce, criminal case and many more.

Let our experience be on your side. Come see us and you will see why we say that "we care about your legal needs."

San Antonio attorney and San Antonio lawyer here to help you with your legal needs.

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Vehicle accident, come and see us

There are important things that need to be done when it comes to handling your personal injury case. The Báez Law Firm, P.C. has handle thousands of cases and we know what it takes to succeed.

If you had an accident, please, follow the list bellow:

1) Do not admit anything, even if you think that you are at fault. Being in an automobile accident causes a great deal of immediate emotion like stress, excitement and anger, you never know what you will say.

2) Please, take some time to cool off and think about what happened to cause the accident before you make any statements to others regarding what caused the accident or who was at fault.

3) Always take the other driver's name, address, phone number, driver's license number, license plate number, name of the registered owner of the car, state of license, and insurance information.

4) Immediately, inform your Insurance company - Make a thorough accident report to your insurance company without delay.

5) If you are injured, go to the emergency room or have a physician examine you ASAP. This step is critical for your personal injury claim.

6) If possible, take photographs of the damages and injuries. Remember that the insurance company will take their own pictures.

7) Contact The Báez Law Firm, P.C.- You should be cautious of any person or insurance company who offers to adjust your injury claim or tries to hurry you into a settlement. If you are involved in an accident and have a viable claim, you should not try to handle it alone. Be sure to consult with an attorney to ensure that your interests and rights are protected.

We are here to help during this difficult time in your life. We care about your legal needs.

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Are US vehicles still safe?

With so many bailouts by our government to auto manufactures, one cannot help but wonder, if the vehicles that are been produced are safe for the consumers in general. The government is bailing out the industry, but who would bail out the consumers?

According to the associated press, GM and Chrysler, which employ about 140,000 workers in the U.S., have to submit completed restructuring plans, but neither company is expected to finish its work. GM owes roughly $28 billion to bondholders. Chrysler owes about $7 billion in first- and second-term debt, mainly to banks. GM owes about $20 billion to its retiree health care trust, while Chrysler owes $10.6 billion.

With all of these crisis, who is monitoring the automakers products? How many lives are going to be at risk? Nevertheless, its a good thing that our law firm can help the families of those that have been damage, could be damaged, and will be damage by the poor quality of vehicles placed on the market by the automakers.

The Baez Law Firm, P.C. is committed to help those who have suffered from some one's negligence, either by manufacturing or simply by lack of safety standards implemented.

If you, or some one you love has suffered by the negligence of others, please contact our law firm today. Our attorneys are here to help you during this difficult times.

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Insurance companies not paying?

If you are like me, that deals with insurance companies all the time, you will know that insurance companies are not paying on their liability like they used to. Why is that? Maybe the economy is affecting them just like any other area of the market.

Although policy holders ultimately are the ones that will pay the increase in premiums, insurance companies nevertheless are not paying on accidents as much and as fast as they used to. What used to take our law firm one month to settle it's taking over six months in today's economy.

Unfortunately, the people affected by the accidents are the ones who suffer, while the shareholders of the insurance companies are getting richer. That is our free enterprise system, the rich get richer and the injured gets caps on damages.

If you have been injured in an accident, please contact our law firm. We are trained on handling insurance companies to get you the maximum amount for your claim.

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What not to do if you have a personal injury case

Misrepresenting Your Accident or Injuries.
Doctors document in their records how you describe the accident and your injuries. When your description varies from the way the accident happened to the way that injuries are described in the police report or other statements, the insurance company can use the descriptions to make you appear untruthful.

Hiding Past Accidents.
If you have been in other accidents, you need to say so, so that your lawyer can investigate and make a determination as to whether it is a valid problem in your case.

Hiding Previous Injuries.
If you have ever seen a doctor or other health care provider, then there is a record in existence that the insurance company will find, not that can find, but will find.

Not Having Accurate Income Information.
In many cases, a claimant will have lost income because of the accident. You will only be able to claim lost income if your income information is in good order.

Misrepresenting Your Activity Level.
If you claim that you cannot do certain things, but you are not been honest, you can jeopardize your claim. Personal injury lawsuits are serious business. Insurance companies are willing to spend a lot of money investigating claims.

If you have a personal injury case, please contact us, we can help. We are San Antonio Personal Injury Trial Lawyers and we are here to help you. That is why we say we care about your legal needs.

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Have a personal injury claim?

Insurance companies are well known for trying to minimize your personal injury claims. As we see it,there are no auto, trucking or motorcycle accidents. There are wrecks and crashes resulting from bad judgments, careless mistakes and—in some case—intentional violations of the law. For every collision, there is a party who is at fault and a party who has been injured or killed.

On the other hand, a life-changing injury or a loved one's wrongful death can turn your world upside down in an instant. The insurance company is not concern that you and your family have a lot to deal with: pain, grief, confusion; and many details involving insurance, property damage and an uncertain future. That is why you should have a law firm able to handle them, so you can get back to your normal life.

The most common type of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. We can help you with all of them.

It can be tough to set a dollar amount on injuries you suffer in an accident. There are so many things to consider: doctor's bills, time lost from work, medical costs for ongoing injuries, pain and suffering, and so on. Insurance companies consider all of these factors when deciding how much to offer, and ultimately pay, for a personal injury claim.

The Baez Law Firm, P.C. is a general practice law firm that is ready to help you during difficult times. We handle accidents, criminal law, personal injury, family law, business law, consumer law, litigation, and appeals.

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Our attorneys make the difference

We have been telling our clients that, "we care about your legal needs." And now, let other professionals tell you about one of our attorneys in particular. Please, click on the link bellow for more information.

http://www.avvo.com/attorneys/78213-tx-edgardo-baez-89329.html

Good job Mr. Báez

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Should you contact a lawyer?

The longer I practice law, the more I am amazed at the fact that people are trying to take care of their own legal matters. In my opinion, it all comes from too many television shows about lawyers and how they argue, and on TV, how they win all of the cases, all the time. Because of the media, people thing that they too can take care of their legal matters.

The problem with that is very simple. I tell all of my clients that ask me if they should have an attorney take care of their legal problems, my response is always the same. I ask them if they had a medical condition that would require surgery if they wold do it for themselves. I also ask them if they had to change the transmission on their cars would they do it and the response for both of examples is always the same, they would not. So I ask them, why then, would you think that you can do your own legal case?

You should always allow the people that have a specialty on something do what they are trained to do. Although you may think that you are perfectly qualify to handle your case, and even though you may be the most intelligent person in the planet, the fact remains that, when you argue your own case, you can never have an objective way to handle since you will subjectively be involved with the outcome of the case.

In law school they teach you that, only a fool has him/her selves are a client. Don't you be the one to be fooled. Please contact our lawyers if you have a legal problem, specially involving personal injury.

The Baez Law Firm, P.C. is a general practice law firm that is ready to help you during difficult times. We specialize in personal injury and handle criminal law, auto accidents, family law, business law, consumer law, litigation, and appeals.

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Wrongful Death actions in Texas

A wrongful death has occurred when a person is killed due to the negligence or other liability of a person or entity. Surviving beneficiaries and dependents are entitled to monetary damages in instances of wrongful death.

The Texas Legislature in 1860 enacted the original Texas Wrongful Death Statute. The Wrongful Death Act has been amended, codified and recodified over the years and is now Chapter 71 of the Texas Civil Practice and Remedies Code.

The Act provides the exclusive remedy for wrongful death in Texas, compensating the decedent's spouse, parents, and children for the losses they sustained as a result of the decedent's injury and death. Tex. Civ. Prac. & Rem. Code Ann. §71.004(a).

A wrongful death action is separate and distinct from a survival action, where the individual's cause of action for injury to his health, reputation or person survives in favor of his heirs, legal representative, and estate. See Tex. Civ. Prac. & Rem. Code Ann. §71.021.

"A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or agent's or servant's wrongful act, neglect, carelessness, unskillfulness or default." Tex. Civ. Prac. & Rem. Code Ann. §71.002(b).

Suit may be brought under the Act "only if the individual injured would have been entitled to bring an action for the injury if he had lived." Tex. Civ. Prac. & Rem. Code Ann. §71.003(a). Under Texas law, plaintiffs bringing a wrongful death action are in the procedural shoes of the victim, and the defenses to victim's personal injury action are defenses to plaintiff's wrongful death claim.

The wrongful death action is subject to all the conditions to which decedent's action would have been subject had he or she only been injured.

If a defendant to a wrongful death action dies while the suit is pending, or if an individual against whom an action could be instituted dies before the suit is filed, the individual's executor or administrator may be named as defendant in his place. Tex. Civ. Prac. & Rem. Code Ann. §71.008(a).

The surviving spouse, children and parents may bring the suit. Tex. Civ. Prac. & Rem. Code Ann. §71.004(b). If named beneficiaries do not bring an action within three (3) months of the death of the injured party, the executor or administrator of the estate shall bring the action on behalf of the beneficiaries unless instructed not to do so by all the beneficiaries. Tex. Civ. Prac. & Rem. Code Ann. §71.004(c).

A wrongful death cause of action accrues at death, if it exists at all, 2 years from death.

The two-year statute of limitations is absolute from the date of death. The so-called "discovery rule" does not apply in wrongful death and survival actions.

If you have a wrongful death action, please contact our attorneys. We can help you settle the case against the wrong doers. Visit our website www.thebaezlawfirm.com or www.sanantoniopersonalinjurytriallawyers.com because "We care about your legal need."

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Surviving a car accident

Even the best defensive driving classes and split-second decisions may not prevent you from becoming the victim of a life-threatening auto accident, but like the Mercedes Benz commercial says " you need to be ready in case it happens." According to the U.S. Census Bureau, the annual number of fatal collisions hovers around 40 thousand. As a driver, you should continually educate yourself and exhibit attentiveness and self-control on the roadways so you're more prepared to survive an auto accident.

We have collected information helpful for you, the driver, in order to survive a car collision, if it ever happens.

Step 1: Ready yourself mentally before you get on the road. Since you'll generally have little time to contemplate a course of action when faced with an oncoming collision, it is important to remain focused at all times. Turn off your cell phone, put away your hairbrush and turn down your radio. Be mindfully present when you're driving--not distracted.

Step2: Have your mechanic test and service your restraint and safety systems on an annual basis. Airbags and seat belts save countless lives each year, but only if they are in proper working order. If you purchase a used car, have the integrity of the safety systems evaluated before you begin to drive the car regularly.

Step3: Service your brakes, tires, transmission and suspension systems according to dealer recommendations, and sooner if you suspect a problem. Your car will only react as well as its systems are maintained. Driving with worn brake pads and bald tires may cause an accident to become serious, or even fatal.

Step4: Remain upright, gripping the steering wheel tightly at 10 and 2 o'clock and bracing yourself for a collision. Do not allow your body to go limp, as you need increased muscle tone and rigidity to protect your organs, spinal discs and skeletal system. It is better to suffer from sore muscles than a ruptured spleen or spinal fracture following an accident.

Step5: Get out of the vehicle and move away from the area if you can walk on your own. If you begin to smell smoke or see flames, run away from the car immediately to avoid an explosion. Your ability to survive may depend on your speed in extricating yourself from the vehicle and the accident scene.

Step6: Bail out of your vehicle immediately if it is headed toward or floating in a body of water. Once an automobile sinks below the water's surface, the doors and windows become nearly impossible to open due to the intense water pressure. If your door is stuck shut, kick out a window to exit the vehicle.

Step7: Resist the urge to duck toward the steering wheel before a collision. Upon impact, your head may strike the wheel and render you unconscious. In addition, if your vehicle is equipped with airbags, you could sustain serious burns from the airbag explosive or other damage due to the airbag's facial impact.

Step8: Sit at least 10 inches away from the steering wheel if your vehicle is equipped with an airbag. If you're seated closer, the airbag could break your ribs, or cause lung damage or other serious internal conditions. If you are too short to reach the pedals without moving the seat forward, purchase pedal extenders.

Step9: Adjust your headrest so it sits just above your ears. If your headrest is too low, you could incur serious or fatal cervical damage when your head impacts the rest.

Step10: Wear your seatbelt properly. Do not put the chest harness behind your back, as wearing only your lap belt subjects the spine to serious trauma upon collision impact.

This steps will help you prevent an accident; however, if you are involved in one, then please contact our law firm for help. Visit our website: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free case evaluation.

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Surviving a car accident

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