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Personal Injury and Wrongful Death
The law allows recovery of money damages for injuries inflicted through the negligent or wrongful conduct of another. The most common, everyday example is the injury sustained in a vehicular accident where you, the plaintiff, are hurt by the irresponsible conduct of the other driver, the defendant. In such a case, the law permits you to claim damages for various items (lost wages, mental anguish, medical expenses, etc.) from the defendant or his insurance company. Of course, injuries may result from other causes such as a defective product, the condition of premises, professional malpractice, or through the intentional actions of someone in assaulting you. In each of these cases, the law gives you the right to seek justice in a court of law and to make the wrongdoer pay for the damages they have inflicted on you.
The cases that fall within the realm of personal injury law are limitless: automobile collisions, truck wrecks, crane collapses, trench cave-ins, roofing accidents, other construction site accidents, nursing home neglect, defective machine or product injury, toxic exposure, legal or medical malpractice, slander, libel, defamation of character, invasion of privacy, false imprisonment, sexual abuse, physical assault and battery, etc. Wrongful death is a category of personal injury law on a more tragic scale. Where death results from the negligence or intentional wrongdoing of the defendant, the law may permit certain surviving family members a right of recovery against the irresponsible party. We have taken several cases against 18-wheelers and defects in apartment complexes. The types of cases discussed here occupy that area of the legal field known as "tort" law. Tort law is based on a simple but important concept: that those who engage in irresponsible conduct that harms others are responsible for the damage they do. In other words, tort law (which encompasses personal injury and wrongful death) imposes a Code of Responsibility.
The Law Office of Domingo Garcia, P.C. has handled many such cases, with successful results for our clients. If you have a personal injury matter you would like to discuss with us, please call us immediately.
Employment & Labor
This area of the law is broad and intricate. Most laymen are familiar with concepts of employment law through suits involving sexual harassment or those for race, sex, age, disability, national origin or religious discrimination. Federal and state laws prohibit sexual harassment and the forms of discrimination specified above. For example, if you have been sexually harassed to the extent that it adversely impacts your employment opportunities or creates a hostile environment, you may have a claim enforceable in a court of law that will force your employer to pay for the damage done to you. The same is true if you have been fired, demoted, not hired, or have suffered other adverse consequences because of your race, age, disability, national origin, sex or religion. But there are other laws — many, in fact — that protect employees from the actions of their employers. For example, the Family & Medical Leave Act, which was passed into law by President Bill Clinton in 1993, provides protection for many employees of certain employers who must take off work because of a serioushealth condition, for the birth or adoption of a child, or to care for a close family member. The Fair Labor Standards Act protects you in the minimum amount of wages you receive and in the number of overtime hours you are required to work. The Employee Retirement Income Security Act is designed to protect your retirement and other benefits, including insurance benefits. And there are laws, like the Texas Whistleblower Act, that prevent certain employers from taking adverse action against you for reporting your employer's illegal activities to the authorities. Others, such as the Anti-Retaliation provision of the Texas Workers' Compensation Act, forbid an employer from firing or mistreating you because you have sought benefits for an on-the-job injury. Many employers fire employees when they change doctors. We take cases where an employee has worked at least 5 years for the employer. Although rare, employees sometimes have individual employment contracts, which may protect them from employer abuses. And, on some occasions, the National Labor Relations Act may protect you even if your company does not have a labor union. These are just some of the employment and labor laws designed to protect employees from abuse by their employers.
The Law Office of Domingo Garcia, P.C. regularly and successfully handles all types of labor and employment-related matters. If you have an employment or labor matter you would like to discuss with us, please call us immediately.
With increasing frequency, insurance companies deny payment of valid claims for what appear to be illegitimate reasons. This is particularly true in the case of health insurance claims, where a denial often leads to further injury to the insured. It means you have not been given what was promised to you, and the refusal of the company to pay results in a deprivation of needed medical care and leads at times to catastrophic losses. In some cases, the law will provide a remedy for the added injury caused by an insurance company's failure to deal fairly with you, the insured. Insurance litigation is not confined to this simple example. You may be a worker on workers' compensation whose weekly benefits are denied. Or you may be an individual seeking recovery under your homeowner's policy for the destruction of your home. Both situations may cause serious financial losses.
Whatever the dispute, The Law Office of Domingo Garcia, P.C. has often represented clients in an effort to force their insurance companies to behave in a responsible way in cases of substantial loss to you. If you have questions about a particular situation, please call us immediately.
Like personal injury and employment law, the field of civil rights law is broad. In fact, it often overlaps other areas of the law. On the one hand, it might describe the case of a fifth grade school girl who seeks damages resulting from sexual molestation by her band director because the school district, despite knowing of previous similar behavior of the director, deliberately fails to stop it. On the other hand, civil rights litigation may encompass a suit against a city for improperly damaging your home or denying you the right to speak on matters of public importance. The term "civil rights" might also encompass voting and political rights — the denial of the right to vote, the misapportionment of a political district in a way that deprives you of proper political representation, or the denial of your right to participate in political affairs. It may also encompass discriminatory housing policies. As with personal injury and employment law, the various matters that might give rise to civil rights liability are vast.
The Law Office of Domingo Garcia, P.C. has, since its inception, fought to protect the civil rights of our clients. We have represented individuals in all of the situations described above. We will continue to do so. If you have a case that you believe has resulted in a substantial denial of your civil rights, please call us immediately.
When you are arrested, our office can bail you out of jail and represent you through the entire legal process. Unlike civil cases, we charge a flat retainer fee which varies on the type of criminal case and whether you wish to plea bargain or have a jury trial. Never speak to a law enforcement officer without having a lawyer present. please call us immediately.
Many immigrants or U.S. citizens, who wish to legalize a friend or relative, can get lost in the immigration complex of laws. An immigration lawyer can advise you on whether you can obtain a visa, U.S. residency, or citizenship. If you have an immigration matter you would like to discuss with us, please call us immediately.
Texas Trial Lawyers Assoc
Dallas Hispanic Chamber
Dallas Hispanic Bar Assoc
Mexican American Bar Assoc of Houston
Odessa Hispanic Chamber
University of North Texas
Texas Southern University Law School
Al Dia Newspaper
Dallas Morning News