I had a client come to me after he had a bone-breaking fall in a store, and as you might imagine, he had many questions and concerns. It’s not unusual for a slip and fall to produce such a serious injury, but what you do immediately after the accident is critical. First, take care of yourself! Seek out medical attention and get the treatment you need. Don’t talk to anyone about the facts of the fall, especially anyone from the store or the store’s insurance company (remember those folks are looking out for the store’s interests, NOT yours). Next, call me at (713) 370-7100 or email me at eric@ericgruetzner.com and let’s visit about your accident. Texas slip and fall law is stacked heavily in favor of the store-owners, so it is wise for you to consult with an experienced Texas slip and fall attorney as soon as possible about your case! Take care and until next time, stay safe out there, Eric
Hurt in a slip and fall accident…now what?
October 18th, 2011“After my accident the insurance adjuster is asking for a recorded statement. Should I give one or do I need an attorney?”
October 4th, 2011As an attorney I have represented hundreds of accident victims. Before becoming an attorney I worked for a large insurance company in the commercial claims department, so I’ve seen this issue from both sides and I can confidently say that before you speak to ANYONE from any insurance company, you should consult with an attorney first.
Why? Simple, an attorney has your interests first and will advocate for you. The insurance adjuster has the interests of his/her company and insurance policy holder first, NOT you.
But I don’t have anything to hide, you say. And I do not believe you do, but let me give you a short example. It is routine in a car accident for the adjuster to ask you how fast you were driving immediately before the crash. You may say something like “about 45 MPH.” Now unless you specifically remember looking at your speedometer and it said 45 MPH, you should reconsider answering with such certainty. In a number of cases I have seen the insurance company take that statement (45 MPH) and use an “expert witness” to calculate braking distances and then blame YOU for the accident.
If you had spoken with an attorney, he/she would have asked you when you last looked at the speedometer, etc….before letting you guesstimate your way through a statement.
If you have an Texas injury case that you would like to talk to me about, please feel free to call me at (713) 370-7100 or you may email me directly at eric@ericgruetzner.com.
SB 820 passed and is effective 9/1/2011
May 25th, 2011Recently I blogged that SB 820 was in the works, and it has now passed.
Let’s all hope that once it is in practice that it will provide a good groundwork for possession and access schedules for children under three years of age.
Here’s the link and history on the bill as passed: http://www.legis.state.tx.us/billlookup/History.aspx?LegSess=82R&Bill=SB820&Sort=A
Eric Gruetzner
Texas child possession & access orders for children under 3 years of age…change may be coming!
May 23rd, 2011The Texas Legislature is in session, and Senate Bill 820 may result in more guidance to judges and attorneys in crafting possession and access schedules. Essentially, it appears that the bill will amend the Texas Family Code by spelling out the relevant factors that a court must consider when making a possession order for children under three. Let’s keep watch on this one, because if it passes then there may be both more guidance on the issue, as well as more uniformity across the state
I encourage you to read the bill here (http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/SB00820F.pdf#navpanes=0)
Eric
Collecting your child support…it’s not always automatic!
April 29th, 2011So, you have a Divorce Decree or other final order that says that the child’s other parent is ordered to pay child support, but you are not receiving it. What can you do now?
If you are frustrated, and getting nowhere with your collection efforts with the Office of the Attorney General of Texas, then it’s probably time for you to consult with a family lawyer about the range of collection possibilities that may be available to you.
The good news is that with options like enforcement, child support liens, tax refund garnishment, and the like, you will likely get paid if you are two things: 1) persistent and 2) patient.
I would welcome the opportunity to visit with you about your matter if you are encountering child support collection problems. Eric
Law Office of Eric Gruetzner (713) 370-7100 or eric@ericgruetzner.com
False allegations in a Divorce/Custody case…what do I do?
April 26th, 2011All too often there are false allegations made in divorce/custody cases. If I had a nickel for every time I heard in court that the other parent is on drugs, assaulted them, is bipolar, and so on…….well, I’d retire from that mountain of nickels!
But seriously, if you are the victim of false allegations of this nature, this is a serious matter that can be used to keep you away from your children. And I would advise you to sit down immediately with your attorney to formulate a strategy.
If you don’t have an attorney and these types of allegations are made against you, I advise you to retain a good family attorney IMMEDIATELY. I have successfully defended a number of cases like this where my client’s spouse makes false allegations like this and we fight back until we win.
Family law is a different type of law because fundamentally the best interest of the child standard is the benchmark for suits involving children….but ask any Texas family lawyer precisely what ‘best interest of the child’ is defined as and a serious of ‘factors’ is usually the best that can be given. We often say….best interest of the child is in the eye of the beholder, and you don’t want a false picture of you painted in the judge’s eye (the beholder).
Don’t lose faith, call me today and let’s set the record straight together! Eric Gruetzner (713) 370-7100 www.ericgruetzner.com.
Texas Divorce…what happens to the house?
March 18th, 2011In most Texas divorces the house issue comes up….who wants it, who gets it, what’s it worth?
With the current down market, equity in homes is at a marked low in recent memory. In divorces now, the parties are having to deal with issues like little/no/negative equity.
Does it make sense to sell the home? Should one party try to buy out the other? Is an owelty deed the best method to resolve the house issue?
If you are facing a divorce and have more questions than answers about your house, please feel free to call me today at (713) 370-7100. My website has information and contact information at www.ericgruetzner.com and you can always feel free to email me at eric@ericgruetzner.com, take care, Eric
I was just served with a divorce petition/family lawsuit…what now?
February 21st, 2011The shock and swell of emotions can be immense…you were just served with court papers saying your spouse wants a divorce or your child’s other parent now wants to add/change/delete child support or visitation provisions!
It can be overwhelming yes, but it can be worked through. Like many Houston divorce attorneys, I regularly counsel people in just this position, and the goal is to resolve as many of their uncertainties as possible.
There are a tremendous number of “urban legends” about divorce and family law so beware. Your friends, neighbors, co-workers may be quick to tell you about what happened to them during their case, and most of the time these people in our lives are very well-intentioned and are trying to help and ease our minds.
Probably the thought that rattles me most is when folks say (or believe) that they don’t need an attorney even though their spouse has one. Trust me….99 times out of 100, you need an attorney if your spouse or ex has one. You can bet that their attorney knows family law, rules of evidence, and rules of civil procedure…all of which are instrumental to presenting your case to the judge. Even the most merciful judges cannot make-up for an unrepresented party not getting things right.
So take some time to process this…you were served, now you can consult with a family lawyer who can help you solve this problem. Call me today at (713) 370-7100. My divorce information page is also a good start. www.ericgruetzner.com/DIVORCEINTEXAS.pdf.
Take care, Eric (eric@ericgruetzner.com)
Criminal defense attorney consultations
February 10th, 2011Criminal law is scary, and for most of my clients a brand new world they have never entered before (and hope to get out of as soon as possible). I can’t tell you the number of times a new client looks like they are ready to pass out right in front of me when talking about their situation for the first time.
So before hyperventilating, take a moment to speak with a criminal defense attorney about your case. What is the charge, the penalty range, the possible outcomes? What evidence does the state have against you? Is any of the state’s evidence tainted and cannot be used at trial? Was the police’s stop and subsequent arrest legal?
You owe it to yourself, your reputation, and your future, to talk to someone today about your matter. If you wish to talk to me about your case, please feel free to call me at (713) 370-7100 or email me at eric@ericgruetzner.com. In the meantime, please visit my website (www.ericgruetzner.com) where you can preview some of the services I offer and get some insight about the matter. Eric
Do-it-yourself divorce resources from a Houston Divorce Attorney
January 31st, 2011In the current economy, my clients and prospective clients are taking stock of the costs associated with their case. All too often, due to loss of a job or other financial pinch, many people are choosing to represent themselves (do-it-yourself) in their divorce or family law matter.
Although people often represent themselves out of the goal of saving money, it is important to know that there are other ways to lower the cost of a divorce without leaving yourself exposed to bad outcomes that can happen in a do-it-yourself scenario. Oftentimes it just takes a frank, up-front conversation about the client’s goals to be accomplished and the budget that my client has to work within, in order for my client and I to come up with an affordable solution.
So before you just give up and go look for the latest do-it-yourself divorce guide at the bookstore in hope that you can get it right, take a step back and ask yourself the following questions:
- In this divorce/family law/child support/child custody case, what is it that I would really like to achieve?
- If I were to explain to a court why this outcome is best for my child(-ren), what would I say?
- How much emotional energy can I devote to this matter?
- Knowing that the court system may not move as quick as I wish, how long am I prepared to be involved in this matter, and how long is too long?
- How much money am I able to invest in this matter if it turns into a contentious fight?
If you are able to thoughtfully answer these questions then you should consider taking the time to consult with a veteran family law attorney. If you have read my materials and visited my site and believe you and I might work well as a team, then please please feel free to call me at (713) 370-7100 or email me at eric@ericgruetzner.com. Eric
To review the family law materials on my site, please go to www.ericgruetzner.com.
