Category: Blog

Victims of Railroad Accidents and Their Legal Rights

Posted by Clay Hinds on

Railroad accidents can be devastating, and it is imperative for victims of railroad accidents to be aware of their legal rights so they can get the compensation they deserve. There can often be multiple parties at fault in a railroad accident. Generally speaking, there are two main types of railroad accidents: collisions between trains and vehicles at railway crossings and accidents caused by train malfunctions or derailments.

Victims of Railroad Accidents and Their Legal Rights

Intersection Collisions

Crashes between trains and motor vehicles at railway crossings occur all-too-frequently. In some cases, these crashes are caused by the negligence of the vehicle driver. In other cases, there was not an adequate warning to drivers that a train was approaching. And, sometimes a train was going too fast. There can be a number of reasons these accidents occur. Determining fault requires a thorough investigation of the facts surrounding the accident.

Equipment Malfunctions and Derailments

These types of cases are usually extremely complex. Equipment malfunctions, conductor error, negligent maintenance, and train track damage can all be causes of an accident. Often, several of these factors play a part. It can, therefore, be a difficult task to sort through the facts and determine who is to blame. An experienced railroad accident attorney will be able to investigate these types of cases thoroughly and figure out the best case for accident victims to make.

The Federal Employers’ Liability Act

The Federal Employers’ Liability Act (FELA) provides compensation for railroad workers who are injured during the course and scope of their employment. The FELA establishes certain safety standards that railroad companies must adhere to. When railroad companies violate these provisions, they can be liable to injured workers.

Victims of Railroad Accidents Need Experienced Legal Counsel

Railroad accident cases can be complex. There may be both state and federal laws implicated in a railroad accident claim, and an in-depth factual investigation may be necessary. If you or a loved one has been the victim of a railroad accident, an experienced railroad accident attorney can help.

Clay Hinds, Attorney at Law, is an Ellis County firm dedicated to getting clients the compensation they deserve. Clay has experience with railroad accident cases. If you would like to discuss your case, contact us for a free consultation.

A Successful Wrongful Death Suit Begins With An Experienced Attorney

Posted by Clay Hinds on

The loss of a loved one is never an easy thing to go through. Thinking back on happier days and wishing that you had more time with them is a constant thought running through your mind. What’s even more excruciating, is knowing that your loss is due to the actions or inactions of another person or entity. Luckily, there is a legal remedy for your pain and suffering, as well as the financial hardship that you have had to endure. With the help of an experienced attorney, you will be able to file a wrongful death lawsuit against those responsible for the early demise of your family member.

A Successful Wrongful Death Suit Begins With An Experienced Attorney

Under Texas law, surviving spouses, children, and parents may seek compensation if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another. According to well-known legal matters publisher, Nolo.com, grieving survivors can file a lawsuit by themselves or they can get together and file a lawsuit as a group. They may be compensated for the loss of comfort and companionship, emotional and mental anguish, loss of potential future earnings, loss of care, maintenance, and support, as well as lost inheritance.

Aside from monetary compensation, surviving family members can also ask for punitive damages. Punitive or exemplary damages are meant to punish the parties that caused the wrongful death. These damages send a strong message that gross negligence is unacceptable and will not be tolerated.

The executor of the deceased person’s estate or personal representative may file a wrongful death suit if the family of the deceased doesn’t file a lawsuit within three months of the deceased’s death. From the date of the deceased death, you have two years to file a wrongful death suit, according to Texas’ statute of limitations. There are exceptions to the two-year timeframe that should be discussed with a knowledgeable and experienced attorney to find out what your options are.

Clay Hinds is a passionate attorney that fights for the rights of his clients. He is dedicated to helping people who have suffered serious personal injury. He has also handled a wide variety of criminal and civil matters. Land boundary disputes, breach of contract, workers compensation; divorce, and mechanic lien enforcement are just some of the cases that he has tried.

Born and raised in Texas, Clay Hinds attended law school at St. Mary’s University of San Antonio and received his law degree in 1988. He is a member of the Ellis County Bar Association, the State Bar of Texas, and a 22-year member of the American Association for Justice.

If you have experienced the loss of a loved one, please accept our heartfelt condolences. At your earliest convenience, contact us to discuss legal strategies for your wrongful death lawsuit. Clay Hinds will see to it that justice is served.

Those Charged With a Crime Need an Effective Criminal Defense

Posted by Clay Hinds on

A criminal conviction carries serious consequences which can completely change a person’s life. Punishments can include fines and imprisonment. There can also be significant damage done to reputation, employment opportunities, and restrictions on public services.

Those Charged With a Crime Need an Effective Criminal Defense

Because the stakes are so high, every person charged with a crime has a right to an effective criminal defense. Unfortunately, our system of public defense sometimes falls short of fulfilling this right. Most public defense attorneys carry out their jobs admirably and with competence, but the sad truth is that they are typically overworked, sometimes handling several hundred cases per year.

If you or a loved one has been charged with a crime, it may be in your best interest to hire a qualified criminal defense attorney. This is especially true if there is a risk of a lengthy prison sentence. A private criminal defense attorney can devote more time and resources to a case. A qualified and experienced criminal defense attorney can guarantee that a case is fully investigated, that every possible defense is explored, and that every procedural and substantive right of a defendant is protected.

It is imperative for anyone charged with a crime to have effective an effective legal defense to guarantee that their rights are protected. Clay Hinds is an experienced criminal defense attorney that can handle any type of criminal case. If you would like more information about this issue or Clay Hinds’ law firm, please visit us at our website. For a free consultation about your case, contact Clay Hinds Attorney at Law today.

Injury Claims for a Motorcycle Accident

Posted by Clay Hinds on

The world around us can be both unpredictable and somewhat dangerous.  For motorcyclists, the danger they face is pretty obvious. The possibility of having an accident is much greater. Rest assure that a motorcycle accident attorney can help guide you with your personal injury case.

Injury Claims for a Motorcycle Accident

Not being surrounded by a protective shell, as you would be in an vehicle, can leave you vulnerable to serious injury upon impact with a car, truck, or asphalt pavement. Unfortunately, motorcycle accidents can occur at any time and any place. Besides the motorcycle rider being injured, there is the possibility of injury to the rider’s passenger, or even a pedestrian being in the wrong place at the wrong time.

According to trusted news source, United Press International (UPI), “Motorcyclist deaths in the United States topped 5,000 last year — a 10 percent increase from 2014.”

This is why you need an experienced attorney who will see that your best interests are being served. While you are recuperating from your injuries, you want to make sure that you will be able to pay your monthly living expenses, as well as your hospital bills. Many people have had to file for bankruptcy because of the medical expenses they incurred due to catastrophic illness or injury. Having a knowledgeable attorney in your corner can make all the difference in the world.

Simply put, Clay Hinds is an attorney that will fight for everything that you are entitled to. As a highly skilled litigator, he has the tenacity and grit to get the desired results for his clients. During his legal career, Clay has handled a wide array of criminal and civil lawsuits. His natural ability to help people with serious personal injuries has served his clients well.

Clay has been licensed to practice law in Texas since 1988, and he is able to practice all areas of law, as well as being able to practice in all parts of Texas. Contact us to set up a consultation to discuss your legal situation. Clay Hinds, Attorney at Law is here to help you.

Legal Assistance for Adoptions

Posted by Clay Hinds on

The subject of adoptions is one that brings about a myriad of emotions. Depending on where you currently are on your journey you’ve already begun to feel the roller coaster of hope, excitement, impatience and maybe even some frustration. Stay with it and soon enough you’ll experience the joy of a positive outcome as your family expands. It will be worth every bit of struggle you’ll take to get to that special day.

Legal Assistance for Adoptions

The process of adoption can be overwhelming. It’s far more than just paperwork. It’s important that you work with a firm that understands and is experienced coming alongside a family like your’s. The right lawyer will guide you through the adoption process smoothly and efficiently. You need to be with an experienced professional who knows how to navigate the legal system with ease.

The financial costs have kept some people from pursuing the miracle of adoption. We pride ourselves on being a firm that does everything in our power to keep costs low. We will be upfront and open as we go and if there’s a way to make things more cost-effective, we’ll suggest that to you.

Whether you are just starting to consider adoption or you’ve been working toward the goal of adopting for some time, contact us for a free consultation. We would be like to meet with you and answer the many questions you surely have. Adoptions are one of our favorite areas of law because it’s a happy ending for a family and we are proud to be a part of that story.

Do You Need a Personal Injury Lawyer?

Posted by Clay Hinds on

Deciding to get a personal injury lawyer can be a tough call to make. Not every personal injury case is clear or severe. This can confuse people who are entitled to health care or expense reimbursement. For example, if a guest slips and falls in a grocery store, they often know the store is at fault. If they fall in their friend’s driveway because they slipped on a puddle, they might not know what to do. If you are trying to decide whether or not your injury is “severe enough” to start a lawsuit, use this quick and easy guide.

Do You Need a Personal Injury Lawyer?

Expense Reimbursement

One of the most important factors in a personal injury lawsuit is treatment and care. Someone who was only treated for a minor sprain, for example, isn’t in the same position as someone who was treated for a broken leg and had to miss work for a month. The main goal of a lawsuit is to help compensate for your loss and help you get the treatment you need.

Understanding Fault

Fault isn’t always clear in every injury case, but it is in most of them. If a store didn’t place a wet floor sign or bother to clean up a spill, they are usually at fault if you fall. If someone is clearly responsible for your injury, you should consider taking legal action. This doesn’t just help you get reimbursement, it helps you notify the people at fault and inspire change. If they aren’t aware of a problem, they likely won’t fix it and other people could get hurt.

The decision to hire a lawyer can be very personal. If you have been hurt and need help trying to decide if you should take action, please contact us today.