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I got hurt on the job in Dallas Texas.My employer says that I must arbitrate my claim against the company for negligence instead of filing a lawsuit. Can my employer force me to arbitrate a claim instead of letting a jury decide whether my employer was negligent and how much I should be compensated for my damages?

Answer: Yes

If you sign a contract usually at the beginning of your relationship with your employer that stipulates that you must use arbitration as a tool to resolve any dispute including on-the-job injuries against your employer, there is a strong likelihood that a court will force you to arbitrate your claim instead of taking your case in front of a jury.

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10 Best Award PI 2016On May 10, 2016, Eric Reyes was nominated by the American Institute of Legal Counsel as one of the “Top 10” attorneys in personal injury in the state of Texas for 2016.  This award celebrates the attorney accomplishing the highest degree of professional achievement in his field of law and an impeccable client satisfaction rating.

Consumers seeking legal representation are often at the mercy of the attorney’s self-serving statements in websites and other forms of advertisements.   Attorneys that have been recognized by an impartial third party organizations based on the  attorneys documented excellence in their field of law,  helps the consumer find the appropriate lawyer for their problem.

The American Institute of Legal Counsel  is an impartial third party attorney rating organization consisting of six departments from criminal, DWI, personal injury, family law and litigation, lawsuits and disputes.  This attorney rating organization concentrates on recognizing attorneys that have achieved the highest degree of professional achievement in their field of law and the attorney’s success in client satisfaction.  Membership in this organization is an exclusive honor that only few attorneys achieve and enjoy.

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Question:

I work for a roofing company in Dallas, Texas. I fell off the roof and suffered injuries to my neck and back. My employer did not carry workers compensation insurance. Two days after the accident, I signed a release when my employer paid me $500. When I signed the release, I had not even had a chance to see a doctor. My back now hurts and I want to go see a doctor but my employer refuses to pay for the medical bills. I live in Fort Worth Texas. What are my rights?

Answer:

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131002130836-cnnhealth-busy-er-horizontal-large-galleryI was injured in a car accident in Dallas, Texas on January 2, 2016, by someone else’s negligence. Who pays for my medical bills from this car accident ?

There is a misconception that if someone causes your injuries from a motor vehicle accident that they must pay your medical bills as you incur them. Unfortunately this is not true. Your medical bills are always your legal responsibility. However, the responsible party (we call this person a third-party) is legally liable to reimburse you for your medical bills at the time of settlement or as ordered by a court in the form of a judgment after trial. Normally, a person that causes the accident has liability insurance to pay the medical bills as well as the other damages that you suffered in the motor vehicle accident.

There is no legal process that transfers the responsibility to pay the medical bills to the negligent party. Instead what normally happens is you will be reimbursed for the medical bills that you paid out of your pocket or what you owe the medical provider or the third party (group insurance company, Medicare, Medicaid etc.) that paid your bills.

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On October 30, 2015,  Eric Reyes received his Board Certification in Civil Law by the National Board of Trial Advocacy ( NBTA).  He is already Board Certified in Personal Injury Trial Law by the Texas Board Of Legal Specialization (TBLS).  A person injured in an auto accident or other type of accident caused by someone else’s negligence in the Fort Worth and Dallas area can rest assure that Mr. Reyes is fully qualified and highly trained to represent them regarding their claim.

What is civil trial law?  First, civil trial law includes the body of law that regulates the legal duties and responsibilities between individuals and corporations. This includes personal injury litigation which he is already board certified in by the TBLS.   Second,  civil law normally involves monetary damages that are in dispute.

The NBTA is the first American Bar Association-accredited attorney board-certifying organization. The  NBTA offers board certification in civil trial law, civil pretrial practice, criminal trial law, family trial law and Social Security disability law.

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Dallas Car accidentOn April  26 2015, a fatal accident occurred on the southbound ramp of the Dallas North Tollway at the President George Bush Turnpike at approximately 5 AM.

According to the Dallas Police Department,  a Nissan Sentra crashed causing the vehicle to turn upside down on the roadway on the southbound exit ramp.  Two motorcyclists who were traveling behind the Nissan Sentra when they were unable to avoid the collision with the disabled vehicle and crashed into the Sentra.

One of the motorcyclists was killed in the collision and died at the scene of the accident. The driver of the Nissan was taken by ambulance to the Medical Center of Plano with serious injuries. The other motorcyclist was taken to Baylor Hospital in Plano also with serious injuries.

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Despite a local crackdown on tractor trailers regulations, just this past March, a Lares Trucking semi tractor trailer transporting an unpermitted over-height load on Interstate-35 near south Fort Worth caused the death of a southbound pickup truck driver. The driver of the eighteen-wheeler, who was himself unharmed, failed to comply with signs indicating the maximum load height for a local bridge that was then under construction, and  was traveling at a high speed when the load secured to the trailer struck the bottom portion of the bridge. While such an impact would be unlikely to cause any damage to a completed bridge, in the bridges state of partial construction, the impact was sufficient to knock loose several beams on the west side of the bridge. While there were no significant injuries on the east side of the bridge, Irving resident Clark Davis was killed traveling south when one of the beams crushed much of his vehicle. Furthermore, preliminary investigations show that Lares Trucking failed to obtain proper permitting for the load.

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In yet another tragic reminder of the dangers at hand for cyclists and pedestrians, a Haltom City cyclist was struck and killed by a motorist driving a large sports utility vehicle off of East Belknap Street this past week. According to the witness who called 911, the accident occurred shortly after 4 a.m. The witness further told law enforcement that driver stopped briefly after striking the cyclist and may have even got out of the vehicle, but drove off shortly after. A vehicle matching the description given by the witness was found little more than a mile from where the incident occurred, near the junction of Texas 183 and U.S. 377. Continue reading →