The Wright Firm's Weblog

Texas Casino Trip Bus Crash Blog

On the morning of April 11, 2013 a charter bus carrying senior citizens on a trip to Choctaw Casino in Durant, OK, crashed and flipped, killing 2 and injuring 40 others.  The crash happened on State Hwy 161 near the Beltline exit. According to witnesses the bus appeared to have hit something and then flipped on its right side. The charter bus company, Cardinal Coach Line, out of Grand Prairie had three safety violations in the last three years. The bus driver on April 11 was previously involved in a crash that killed a young man fifteen years ago. Currently, the National Transportation Safety Board and Texas Department of Public Safety are investigating the crash. A cause has yet to be determined. 

Family members of the survivors have been allowed to pick up the personal belongings left on the bus. However, any loose cash that was found on the bus is being held by Texas Department of Public Safety until the investigation concludes.

If you have been injured in a charter bus crash or other bus accident please give the personal injury attorneys at The Wright Firm a call. We are experienced and have locations throughout the Dallas/Fort Worth area.  Call us at (972)353-4600 or visit our website at thewrightlawyers.com.  

Why Should I Incorporate My Texas Small Business?

Why Should I Incorporate My Texas Small Business?

 

When Presidential candidate Mitt Romney said, “Corporations are people” the general public groaned and questioned the rational, while lawyers nodded in agreement.

Corporations are people in the sense that they are classified as their own legal entity and therefore have legal standing to bring lawsuits and be sued. Legal entities are associations, corporations, partnerships, proprietorships, trusts, or individuals.

So why should you incorporate your Dallas area business? For that very reason, the corporation can stand on its own as a legal entity.

Your personal assets and liability are separated from those of the business. All business activity is conducted as a separate legal entity; therefore, any legal actions taken against the business are only going to put the assets of the business at risk. Any assets in your name are only at risk in personal legal actions. Incorporating your Dallas area business creates a shield that protects you and your assets from any liability incurred by the business.

Corporations also get tax benefits and credit. Depending on profits and the specific class of the corporation, even the smallest corporation can receive tax benefits and breaks. Tax breaks for the corporation means more capital to invest in the growth of the corporation. That growth can be assisted through establishing credit. As a legal entity, corporations can obtain credit, solely in the corporation’s name. Being incorporated lends credibility when an investor or lender looks to invest into your business.

Texas is a corporation friendly state. In a recent survey of small business owners, Texas ranks as one of the most “business-friendly” states. See the survey: http://www.thumbtack.com/survey#2013/states. By incorporating your Dallas area business you are making it easier for customers and clients to do business with you. Why? Because corporations are governed by the Texas Business Organization Code, every corporation established under Texas law has the same rules of set-up, structure, filing with the Secretary of State and rules and regulations to follow. A corporation in Dallas is following the same rules as a corporation in Lewisville or Denton and every other corporation across the state.  As with investors, customers and clients may see your incorporated Dallas area business as more credible because of the uniform rules and regulations required.

If you have questions about incorporating your Dallas area business or other Texas business law questions please contact The Wright Firm at 972-353-4600 or visit our website at thewrightlawyers.com.

Self-Help Legal Websites?

More and more companies are offering cut rate legal services over the internet.  If you’ve ever heard the old adage, “you get what you pay for”, it definitely applies here.  A recent article in Consumer Reports did an evaluation of a few websites.  For a glimpse at the article click here: Consumer Reports.  To create the report, the magazine drafted four legal forms using the sites.  Three professors were then asked to evaluate the drafted documents.  The professors all came to the same conclusion, the documents just weren’t up to par. 

 

            Generally, an attorney will sit down with the client and go over several details in drafting a will, divorce decree, or estate plan, where legal websites only touch on the bare bones minimum amount of information in drafting.  The forms produced by legal websites are generally fill in the blank types of documents.  When you have such a general legal document, many problems arise.  Your needs may not be fully met.  Most of the time, for example in a divorce decree, there needs to be very specific provisions.  There is no “general” case.  Every client has a different work schedule, or the property varies.  General terms can raise questions as to interpretation when it comes time to actually use the document.  If you have a document that is very general, you will probably end up spending more money litigating in the interpretation of the document than it would have cost to just draft it right the first time.  A recent article was written about the Consumer Report and it can be found here: Article.  The article summed it up nicely, you are best off consulting an attorney, consult the websites at your own risk! 

 

To reach out to the firm, check us out on the web at www.thewrightlawyers.com or contact our office at 972-353-4600. 

Virgin Father says he’s “Donorsexual”

36-year-old Trent Arsenault is the father of 14 children.  Mr. Arsenault is also a virgin.  How did this happen?  Arsenault claims that he feels it is his duty to help childless couples by supplying them with sperm free of charge, and that he has devoted all of his sexual energy to this mission. He has coined the term “donorsexual” to describe his activities.  The Food and Drug Administration has ordered him to cease and desist.

                Does this mean that Mr. Arsenault is on the hook for child support for the 14 offspring he has helped create?  Under Texas law, that would turn on whether Arsenault falls within the definition of a “donor”.  Texas Family Code Sec. 160.702 says that a donor is not a parent of a child conceived by assisted reproduction.  A “donor” is a man who provides sperm to a licensed physician to be used for assisted reproduction.  If Mr. Arsenault provided his “donations” directly to the couples he is helping, then he may have a legal problem.

                Do you have questions about Texas Paternity issues?  The Wright Firm is here to help you!  Give our office a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

Huffington Post article can be found here: http://www.huffingtonpost.com/2012/02/03/trent-arsenault-donorsexual-sperm-donor-video_n_1251595.html?ref=weird-news

 

Weird Lawsuit Chicago Style: Injured by a Corpse

An Illinois court recently upheld a woman’s right to sue the estate of a dead teenager.  The woman was purportedly injured by the flying dismembered body part(s) of the teen who was hit by an Amtrak train.  The plaintiff sustained a broken leg and wrist and injured shoulder after being knocked down by a sizable chunk of teen’s body.

While the court noted that case law on “flying bodies” is sparse, it stated that it was “reasonably foreseeable” that the high speed train would kill the teen and hurl his remains into the crowd on the train platform. Allegedly, 18 year old Hiroyuki Joho was running across a set of tracks to catch an inbound commuter train, when he was struck and killed by an Amtrak train going about 70 mph in the other direction.

While it is true that is Texas you can under certain circumstance sue the estate of a deceased person for negligence, there is no telling how a Texas judge would rule under these circumstances.

Have you been injured in an accident?  The Wright Firm may be able to help you!  Attorney Andrew Sher, “of counsel” to The Wright Firm, handles a variety of personal injury cases.  Give our office a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com. 

Original Chicago Tribune article can be found here: http://articles.chicagotribune.com/2011-12-29/news/ct-met-train-fatality-suit-20111229_1_amtrak-train-high-speed-train-metra-train

 

Chasing Ambulances?

We’ve heard lawyers referred to as “ambulance chasers” before, but there is a technical term for the practice of using unethical methods to chase down potential clients:  it’s called Barratry and it’s illegal.  The full definition of barratry under Texas law is found in the Texas Penal Code section 38.12.  However, the bottom line is that an attorney is forbidden by law from soliciting employment.  Put another way, the client can to come to the attorney and hire him, but the attorney cannot seek out a client and beg to be hired.  For example, a personal injury attorney cannot just show up in someone’s hospital room uninvited and try to sign the injured person up as a client.

 A new law passed this legislative session is strengthening the existing rules against barratry and helping individuals who sue attorneys who commit barratry.  Under the new Texas Government Code section 82.0651, a person who was solicited by an attorney in violation of barratry laws, but who did not sign a contract with that attorney can sue the attorney and recover:  1) $10,000.00, 2) any actual damages, and 3) the attorney fees incurred in suing the attorney who engaged in barratry.  Similar remedies are available for persons who DID sign a contract with the offending attorney.

Lawyers across the state are taking notice of the new laws.  Many are taking steps to be extremely careful in tracking how clients come to their firm.  A full-page advertisement has even been posted in the Texas Bar Journal magazine warning that, “The legislature just made it a lot more dicey to chase ambulances in Texas.”

For full article from the Dallas Bar Association click here: http://www.dallasbar.org/content/bill-creates-new-civil-remedies-barratry

For the Texas Lawyer site (by Law.com) article click here: http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202513923807&slreturn=1&hbxlogin=1

If you seek information about your Texas legal case, contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com . 

 

Denton Personal Injury Lawyer: Denton Apartment Railing Collapses: Three Hurt

WFAA was reporting Saturday, September 3, 2011 that Denton police said that three people were injured early Saturday morning when a third-floor railing came loose at an apartment complex that caters to college students.

WFAA reported that the three men were standing outside smoking when “the balcony fell off the building” at the Grove Apartments at 701 Ft. Worth Drive, around 3:15 a.m.  The condition of the individuals is unknown. The actual cause of the incident is still under investigation. 

 

Denton is home to The University of North Texas.   As a college town, there are numerous apartments that provide off-campus housing for students.  Students need to be reminded that they have rights which are no different than any other citizen.  Students should realize that they have rights such as:

 

Health, Safety and Security

Texas law provides that landlords guarantee a habitable unit for tenants to live in. Tenants have the right to live under safe conditions free of health hazards. Tenants have the right to security devices such as keyed exterior locks, door viewers and working smoke detectors. They also have the right to live in the property free of harassment and violence from other tenants. Landlord must install the following security devices: window latches, doorknob lock or keyed deadbolts, sliding door pin locks, sliding door handle latches, or sliding door security bars and keyless bolting device (that only can be locked and unlocked from the inside).

Right to Repairs

Tenants also have the right to request the repair or replacement of items which threaten their right to safe, inhabitable conditions. Tenants have the right to make repairs on their own, for which the landlord is still financially responsible, if the damage resulted from normal wear and tear or was not the fault of the tenant or their guest.

The full store can be read at the link below:

 http://www.wfaa.com/news/local/Denton-apartment-balcony-collapses-three-hurt-129186483.html 

 

For information regarding personal injury law contact The Denton County law firm of The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com.  Our phones are answered 24 hours a day.  The Wright Firm, L.L.P. has offices in Dallas, Denton, and Lewisville, Texas.  Partners of the firm are both graduates of The University of North Texas. 

 

The Texas Small Estate Affidavit

Texas Small Estate Affidavits are authorized by Section 137 of the Texas Probate Code and are advantageous because the procedure allows the heirs to expeditiously transfer title to homesteads, automobiles, and pension/profit sharing plans, while avoiding costly probate proceedings. Small Estate Affidavits may be used in the following situations:

 1.       No petition for the appointment of a personal representative is pending or has been granted;

2.       Thirty (30) days have elapsed since the death of the decedent; and

3.       The value of the entire estate, not including homestead and exempt property does not exceed $50,000.

The Application for Small Estate Affidavit has strict requirements that must be met pursuant to the Property Code. If you need help filing a Small Estate Affidavit or simply have further questions regarding Small Estate Affidavits, please call the Wright Firm today at 972-353-4600 or visit our website at www.thewrightlawyers.com

 

Social Media “Unfriend”-ly to Kids’ Grades!

Most of us are already well aware of the highly distracting nature of Facebook, Twitter and other social media, but did you know that all this tech distraction could actually be causing your children to earn lower grades?  A recent study of middle school, high school, and college students has found that those students who checked Facebook at least once during a fifteen minute study period got lower grades.  Other studies have shown that student who are active social media users were less physically healthy, more prone to depression and had narcissistic tendencies as well as other psychological disorders. (It should be noted that the study could not confirm whether Facebook and similar sites merely attracted narcissistic individuals or actually created the narcissism.)

The findings were announced at American Psychological Association annual convention by Professor Larry Rosen.  Rosen remarked about a research assessment in which student were observed studying for 15minutes, “What we found was mind-boggling. About every 3 minutes, they are off-task.  You’d think…knowing that someone is observing you, that [the students] would be more on task.”

Parents, what do you think?  Have you noticed any depletion in your child’s attention span or lower grades when your child is permitted to use Facebook?

Social Media sites like Facebook, Twitter and Google+ are becoming more and more important in Family Law cases.  Family attorneys can use these sites as a gold mine of information both about the parents’ activity as well as a child’s.

If you need assistance with a Family Law case, give The Wright Firm a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

See the full article here:  http://healthland.time.com/2011/08/08/kids-who-hang-out-on-facebook-do-worse-in-school/

 

Oh No...SuperBowlSuit.com!

For those of you who watched the Super Bowl from home, you probably didn’t notice the rows of seats covered in black.  If you were reading your Twitter feed, you learned that many ticket holders were being denied their seats.  In fairness, the NFL made accommodations for many of these fans but can you imagine traveling all the way to the Super Bowl and having to watch the game on a video monitor.   NFL Commissioner Roger Goodell said, "We apologize to those fans that were impacted by this."

Reading the USAToday Article this morning we see that apparently one group did notice the vacant seats at Cowboys Stadium. The group called www.SuperBowlSuit.com launced a new website.  The SuperBowlSuit.com website states:  

"At the 2011 Super Bowl many people were denied seating even though they had a valid ticket. Fill out the form to let us know what you think."

Is a lawsuit next?  We will have to wait and see.  I do think it is interesting that the home page of SuperBowlSuit.com mentions that they are in contact with suesuperbowl.com to seek a proper resolution to "the NFL's unfortunate planning error."

Dallas TV Station WFAA reporter Brett Shipp tried to get answers and his report provides some interesting revelations. Read his report at WFAA Investigates Seat Closure.

So, what do you think? Let us know.  

 

The Wright Firm, L.L.P.  is a full service law firm and has no association with SuperBowlSuit.com or SueSuperBowl.com.  This article is not legal advice and reading this article does not create an attorney-client relationship.  Be sure to contact a lawyer to answer specific legal questions that you may have because each case is different.   The Wright Firm, L.L.P. has offices in Dallas, Lewisville, and Denton, Texas.   If you would like to reach The Wright Firm, L.L.P., we can be reached at 972-353-4600 or at our website at www.thewrightlawyers.com