 TO THOSE INJURED IN AN AUTO ACCIDENT: Call the Law Office of Christian Davila at 956-516-9044 or email at attorneychristiandavila@gmail.com to set up a free consultation. I will aggressively fight for the compensation you deserve.
Here are 4 injuries you don't know you could be suffering after an auto accident. 1. Concussion One of the injuries that is most frequently missed by doctors and victims is a concussion, which is commonly caused by a bump, blow, jolt, rattling, or whipping of the head. It's very difficult to recognize the symptoms of a concussion, especially if you're the victim. Untreated, a concussion could lead to swelling or blood clotting in the brain--a life-threatening symptom. 2. Whiplash and neck sprains Whiplash and neck sprains occur when your head is forcefully thrown backward and then forward or side to side. It can lead to chronic neck pain and other long-lasting complications that include loss of range of motion, blurred vision, tinnitus, memory problems, and more. You may not feel this injury until days after the accident--many report waking up with shocking pain and loss of range of motion in their necks. 3. Herniated disks and back sprains Back injuries are one of the most common--and one of the most painful and long-lasting--injuries that occur in auto accidents. Most back injuries last a lifetime. A herniated disk is when one of your spinal disks--the rubber-like cushion that sits between each vertebrae in your spine--slips out of place or tears. Just like neck injuries, the symptoms may not present themselves until days later. In many cases, the victim awakens to sharp, unbearable back pain and often cannot even get out of bed. 4. Muscle/ligament/tendon tears and sprains Soreness after an auto accident is definitely a sign that something is wrong. Auto accidents happen so fast, you might not remember that you got banged around hard. So, that soreness could actually be a muscle, ligament, or tendon tear or sprain. Many times, the soreness intensifies, and only after suffering excruciating pain, a victim will finally seek the medical treatment they need. 254,853 persons were injured in motor vehicle traffic crashes in 2017 according to the Texas Department of Transportation; but, those are just the reported injuries--many people suffer from injuries and don't realize it until it's too late. Don't let the insurance company brush off your injury as "just a sprain/strain" or "just back pain." If you've been in an auto accident, don't wait! Call the Law Office of Christian Davila at 956-516-9044 or email at attorneychristiandavila@gmail.com, and I will aggressively fight to get you the compensation you deserve. Remember, I know your rights!
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 ***TO ALL POTENTIAL SPOUSES AND WORRIED LOVED ONES: If your interested in marriage insurance, also known as a prenuptial agreement, call my office today at 956-516-9044 or email at attorneychristiandavila@gmail.com.***
Love endures all things. Marriages, however, aren't always so durable. And, while no one wants to start their marriage thinking that it might not work out, the reality is that the divorce rate is too high to ignore. Instead of getting gloomy and depressed about it, though, I always recommend thinking of it the same way you might think about any other type of insurance (e.g. car, life, accidental death)--you pray you never need it, but you and your loved ones feel much better knowing you have it. Here are 5 good reasons you need marriage insurance, also known as a prenuptial agreement. 1. You won't have to think about what would happen in the event of a divorce ever again. In most cases, after a couple has gone through the process of getting a prenup, they never think about what would happen if they got divorced ever again. They already know. That's because a prenup covers most aspects of a divorce--from future child custody to division of assets. Once couples go through this worst-case scenario with me, and we get it written down on paper, they often feel relieved and don't find a need to discuss it or worry about it again. If you'd like that same piece of mind, call the Law Office of Christian Davila at 956-516-9044 today. 2. It will make your relationship stronger. Knowing that someone isn't interested in marrying you for your assets--but because they actually love you and don't stand to gain anything from being married to you other than the joy of being married to you--will give you a magnificent feeling. That act of vulnerability is often seen as a real act of love, and most couples who get a prenup tell me that it helped their relationship solidify before taking the big leap into marriage. If you'd like to fortify your relationship before tying the knot, call the Law Office of Christian Davila soon at 956-516-9044. 3. It'll make your family and friends feel better. Even though their opinions should be taken with a grain of salt, know that having a prenup will make everyone who cares about you feel much better about your marriage. Let's face it--loved ones don't always agree with the decision to get married, but when they find out your protected if things don't work out, they'll find it easier to get on board with the wedding. If you're the loved one who's worrying about a soon-to-be spouse, tell them to call the Law Office of Christian Davila at 956-516-9044 immediately. 4. Your decisions regarding finances will be easier to manage. Most of the time, each spouse who enters into a prenuptial agreement will agree to manage their own financial affairs. That means that all debt, as well as assets and income, will be designated to those who accrued them. Since finances and assets have already been discussed in great detail before the marriage, there's no awkwardness about talking to each other about money. Most couples find it easier, therefore, to discuss and decide on who will pay which household expenses. Also, a spouse's act of helping the other spouse with their finances will be seen as an act of love, instead of an act of obligation. 5. If you do ever split, the process will be MUCH easier. It cannot be expressed in words how extremely challenging divorce can be. Those emotional challenges almost always give way to an explosive, expensive legal war that often lasts as long as the marriage itself or longer. Very, very few divorcing couples can agree on things amicably; however, almost ALL potential spouses can agree on almost EVERYTHING before they get married. If your able to make all the hard, logic-based decisions before you get married, it will free you from the burden of fighting for everything during a divorce. Prenuptial agreements often get a bad rap, but in the end, the benefits far outweigh any consequences. Just like all types of insurance, you hope you never need it, but you'll be VERY happy to have it if you do. Before you get married, call the Law Office of Christian Davila at 956-999-6545 or email at attorneychristiandavila@gmail.com. I'll help you start your marriage on the right foot!  ***ATTENTION ALL PARENTS: If you suspect your child is being neglected or abused, call The Law Office of Christian Davila at 956-516-9044 or email atattorneychristiandavila@gmail.com immediately. Your child's well-being is TOP PRIORITY, so even if it's just a hunch or a feeling, give us a call and get to the bottom of it.***
There are THOUSANDS of cases of CHILD ABUSE and NEGLECT by daycare workers across the country. Additionally, many children have been killed or have died while in daycare. Don't let your child become the next victim. Here are 3 signs daycare workers might be abusing or neglecting your child. 1. Your child is suddenly BEHAVING strangely. Not all abuse is physical, so whether its extreme mood swings, sudden withdrawal and shyness, an unusual interest in sexual matters, reoccurring nightmares, or reverting to outgrown, infantile behavior, your child's sudden change in behavior is often a major sign that something is wrong. Children don't know how to mentally process abuse and neglect, so their behavior often becomes strange and erratic when they're dealing with it. You know your child, so if you suspect something is wrong, don't hesitate to call the Law Office of Christian Davila at 956-516-9044 or email at attorneychristiandavila@gmail.com immediately. Your child's well-being is always a priority, so even if it's just a hunch, give us a call and get to the bottom of it. 2. Your child has PHYSICAL injuries, soreness, or infections. The most obvious signs of abuse and neglect are the PHYSICAL signs--bruises, welts, lumps, cuts, scrapes, burns, and other injuries. Some signs are not so obvious, though--rashes, infections (especially urinary tract infections), muscle soreness, soreness in the genital area, inexplicable vomiting, lethargy, glassy eyes, frequent crying for no reason, and other such ailments are also major warning signs. Don't ignore these things. Ask the daycare workers what happened to your child. You have the right to know why your child is hurt. If you don't believe them or suspect something is wrong, call the Law Office of Christian Davila immediately at 956-516-9044. 3. Your child is AFRAID of the daycare, the daycare workers, and doesn't want to go. There's a difference between children who don't want to be separate from you and children who don't want to be left with THEM--the daycare workers. So, pay attention to how your children react when you're dropping them off at the daycare or when they are approached by the daycare workers; FEAR of the daycare or the daycare workers is a dead giveaway that they might be abusing or neglecting your child. Also, pay attention to how they act when you pick them up from daycare. If your child is always unusually hungry or thirsty, or if the child's diaper is always soiled or wet, it may be a sign that they're being neglected. When it comes to our children, we must ALWAYS err on the side of caution. If you know, believe, or even just suspect that your child is being abused or neglected by their daycare, call the Law Office of Christian Davila at 956-516-9044, email at attorneychristiandavila@gmail.com, or simply stop by our office at 5310 Marcella Ave., Laredo, Texas. As your attorney--and a fellow parent--I will speak up for your precious children and AGGRESSIVELY FIGHT for their rights and well-being.  Preface: If you're reading this, chances are you or someone you know has been arrested. If that's the case, and you need immiedate assistance, call me right now at 956.516-9044 or email me at attorneychristiandavila@gmail.com, so we can start working on getting you or your loved one out of jail.
Being arrested is one of the most intimidating, intrusive, and sometimes painful processes our legal system has to offer--and, that's just the beginning of your journey through the criminal justice system. A lot rides on how you handle yourself before, during, and after an arrest, so here are 7 things you should do if you're being arrested. 1. BE CORDIAL TO THE POLICE. If you've been stopped and are being questioned by an officer, it is imperative that you be cordial. It may be hard to be nice to someone you know is either about to ticket you or arrest you, but consider this: being nice could be the difference between being asked to place your hands behind your back and being gently lowered into the squad car OR being violently thrown to the ground, having a 200-pound man's knee dropped on your back, having your arms forcefully yanked behind you, and having metal handcuffs placed uncomfortably tight on your wrists. Being nice will only work to YOUR benefit--and, if your case goes to trial, your cordiality will give the jury a favorable opinion of you (you are being recorded by the dashcam/bodycam after all). So, for the sake of your health, comfort, and legal defenses, be nice. 2. BE CAREFUL WHAT YOU SAY. Police officers are NOT your friends. They're NOT going to help you. Contrary to popular belief, they ARE allowed to lie to you. They will try to trick you. They will try to outsmart you. They will try to intimidate you. So, if and when you do speak, be very careful with what you say. Don't think you can talk your way out of getting arrested. After you've been arrested, don't think you can explain to the officer how it's all a big misunderstanding. They will egg you on and try chit-chatting with you because the more you talk, the more they have to use against you. Avoid all of this by simply saying, "I'd like to speak to my attorney," then call me at 956-516-9044 to get help. 3. YOU HAVE THE RIGHT TO REMAIN SILENT--USE IT. There's a reason you have the right to remain silent. One of those reasons is because no matter how careful you are about what you say, it's unlikely you'll know what's incriminating and what's not. For example, if you're under 21 years old, you might think telling an officer you just had half a beer will help you get off. What you might not know is that Section 106.041 of the Texas Alcoholic Beverage Code states, "A minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system." In that example, you just admitted to a crime to a police officer. So, if you're confronted by an officer, yes, you must identify yourself (e.g. give your name and date of birth)--and if you're driving, you must provide your driver's license, concealed handgun license (if you have one), insurance information, and vehicle registration--but you may remain silent after that. If they ask, "Where are you headed?" or "Do you know how fast you were going?" you have the right to not respond. If you feel uncomfortable doing that, simply state, "I have the right to remain silent, so I'm NOT going to answer any of your questions, officer." A few moments of discomfort and awkwardness are better than the alternative. 4. COMPLY WITH AN OFFICER'S PHYSICAL COMMANDS. If an officer tells you to step out of the vehicle, put your hands up, get on the ground, put your hands behind your back, or any similar command, do your best to comply. Officers are people, too. When people feel threatened, they sometimes do unreasonable things. If you follow the news, you'll know that this is true. So, if you're being commanded by an officer to do something, do it. If you feel like what's happening to you is unjust, unfair, unethical, unprofessional, or just plain wrong, call me at 956.516.9044 or email me at attorneychristiandavila@gmail.com, and we can discuss what option you may have; however, DON'T EVER try to resist or escape arrest or fight with an officer. That can be a fatal mistake. 5. DO NOT CONSENT TO ANYTHING. There's a difference between being commanded to do something, and being asked for something. For example, an officer might ask you non-nonchalantly if they can search your vehicle (e.g. "Mind if I take a look in your vehicle?"). It could seem harmless and simple, but if you consent to this, they might spend the next 20 minutes looking in every crevice of your vehicle. Another example--if they suspect you of drunk driving, they might ask you to perform a sobriety test, or consent to take a breath or blood sample. They may even make you believe you MUST do these things or that it's in your best interest--you don't, and it's not. All these officers are after is more evidence to use against you to justify their arrest and get a conviction. Don't be fooled. If matters become confusing or something doesn't feel right, simply state, "Officer, I do not consent to anything, and I'd like to speak to my attorney before answering any questions." If they give you the opportunity, call me immediately at 956.516.9044 for help. 6. KNOW YOUR BAIL BOND OPTIONS Bail bonds can be a complex topic, so let's start simply. "Bail" is the security given by the defendant (in this case, the arrested person) that he will appear and answer the accusation brought against him before the proper court. The "security given" could be many different things--money, a promise, property, etc. A court occasionally allows a defendant to promise he will show up--this is known as a "personal bond"--but most of the time the court sets a dollar amount for the bail. If you pay the entire bail amount, they'll release you from jail on what's known as a "cash bond." If you don't have the entire amount, however, you can get a surety (i.e. someone who will vouch for the defendant and has the financial ability to pay the entire bond amount, if called to do so). The surety and the defendant will jointly promise that the defendant will appear before a court to answer the criminal accusation (a.k.a. a "surety bond"). Because this makes the surety liable for the defendant's conduct, sureties will often collect a fee for doing this. If you need a surety, call me at 956-516-9044 or email me at attorneychristiandavila@gmail.com to see how I can help you. 7. CALL YOUR ATTORNEY IMMEDIATELY Much like all other legal matters, it is important to contact an attorney as soon as possible after an arrest has occurred. To demonstrate the importance of hiring an attorney early on, consider this: after arrest, you must be brought before a judge to determine if there was probable cause for your arrest and to set bail. In their haste to get bail set, many defendants forget that this is a hearing where the arrest must be justified. As a good defense attorney, I force the State to justify their arrest at this hearing--and if there was no probable cause, it will likely be determined that you are being unlawfully detained. That means you can be released, and the case is effectively over before it began. This is the power of having a good attorney. So, if you or someone you know has been arrested, don't wait, don't hesitate, don't think twice--call me at 956-516-9044 or email me at attorneychristiandavila@gmail.com to get the help you need. H.P. Lovecraft once said "[t]he oldest and strongest emotion of mankind is fear, and the oldest and strongest kind of fear is fear of the unknown." Being served with a lawsuit is often a shocking and frightening experience; but, if you arm yourself with knowledge about the civil legal system, you'll be better equipped to handle the situation appropriately and make the right decisions. Here are 5 things you should know if you've been sued.
1. THE LEGAL SYSTEM RUNS ON DEADLINES. Almost every legal case will have a set of deadlines throughout the entire life of the case. If you've been sued, the first--and arguably most important--deadline is for your response. The deadline depends on which court you've been sued in (i.e. district, county, justice, etc.) and what type of lawsuit it is. Generally, however, you must respond by 10:00 a.m. on the Monday next after the expiration of twenty days after the date of service. See Texas Rule of Civil Procedure 99. If you're being sued in the justice court, you must respond by the end of the 14th day after the day you were served. See Texas Rule of Civil Procedure 501.1. Again, the response deadline heavily depends on the type of lawsuit and court, so make sure you call my office at 956-516-9044 or email me at attorneychristiandavila@gmail.com as soon as you're served. The sooner you contact me, the sooner we can put together a comprehensive strategy for defending you, your family, and your assets. 2. YOU MUST RESPOND TO A LAWSUIT, OR THERE WILL BE CONSEQUENCES. People often believe that if they ignore the problem it will go away. In the case of a lawsuit, ignoring it will only make it worse. If you take a moment to read the first page of your lawsuit papers, you'll notice there is statutorily required language that warns you: "If you or your attorney do not file a written answer [by the deadline], a default judgment may be taken against you." See also Texas Rule of Civil Procedure 99. A default judgment can be generally defined as a judgment entered by the trial court, at the plaintiff's request, based on a defendant's failure to appear and file an answer within the time allowed by law. See Texas Rule of Civil Procedure 107, 238, 239. In other words, if you don't respond or show up, the person who sued you can "win" the lawsuit by default. This is possible because the law sees your failure to respond as an admission of all facts properly pleaded in the plaintiff's petition and a waiver of any affirmative defenses you may have. See Gardner v. U.S. Imaging, 274 S.W.3d 669, 671 (Tex. 2008). Getting "defaulted" is not always the end of the lawsuit, though. If you've failed to respond to a lawsuit or have a default judgment against you, call my office at 956-516-9044 or email me at attorneychristiandavila@gmail.com immediately to find out what options you may have. 3. FILING AN "ANSWER" FIRST ISN'T ALWAYS THE RIGHT RESPONSE. Contrary to popular belief, filing an answer in response to a lawsuit should NOT always be the first thing you do. The order in which you respond to a lawsuit is EXTREMELY important. For example, let's say you live in Laredo, and let's assume the proper venue for a lawsuit is in Laredo; however, you get a lawsuit filed in Amarillo. An objection to improper venue is waived if not made by written motion filed prior to or concurrently with any other plea, pleading or motion except a special appearance motion. See Texas Rule of Civil Procedure 86. That means that if you file an answer before objecting to venue, you can't object to the venue at a later time. So, for the rest of the lawsuit, you and/or I will have to make every single court appearance in Amarillo. That in and of itself is a major loss. Another example is if the court doesn't have jurisdiction over you; a special appearance may be made to object to the jurisdiction of the court, but the special appearance shall be made by sworn motion filed prior to motion to transfer venue or any other plea, pleading or motion. See Texas Rule of Civil Procedure 120a. These are just two examples--there are many factors to consider when deciding how to respond to a lawsuit. If you're unsure about how to respond to a lawsuit, call my office at 956-516-9044 or email me at attorneychristiandavila@gmail.com for help. 4. BEING PREPARED, ORGANIZED, AND COOPERATIVE IS USUALLY THE DIFFERENCE BETWEEN THE WINNER AND LOSER. Abraham Lincoln said, "[g]ive me six hours to chop down a tree, and I will spend the first four sharpening the axe." Don't wait until you go to my office to start thinking about the case. From the moment you are served with a lawsuit, you must begin "sharpening the axe." That means reading every single page of the lawsuit and understanding what the lawsuit is about; it means gathering all the documents and pertinent materials related to the lawsuit; and most importantly, it means mentally preparing yourself. Yes, I will be in charge of managing your case, but the results are almost ALWAYS better when the client is prepared, organized, and cooperative. If you're unsure about what you need to prepare for your lawsuit, call my office at 956-516-9044 or email me at attorneychristiandavila@gmail.com to get help. 5. YOU WILL NEED AN ATTORNEY. What do serious medical issues, dental problems, tax audits, and lawsuits have in common? You should NEVER try to handle them yourself. Attorneys are required to obtain an undergraduate degree, a juris doctorate, and have to take a FOUR different exams over the course of three days to get licensed in Texas. We have an extensive understanding of the legal system, a great deal of legal experience, and more ongoing legal training than you think. We WILL make short work of any layperson foolish enough to appear in court without an attorney. DO NOT assume you can just show up and explain your way out of a lawsuit. The matter is very serious, and it requires a serious professional to handle. Don't wait. Don't hesitate. Don't think twice. If you've been sued, call my office at 956-516-9044 or email me at attorneychristiandavila@gmail.com immediately. |
AuthorAttorney Christian A. Davila Archives
November 2018
CategoriesDISCLAIMER: In this blog, I outline various, common legal issues; however, this IS NOT actual legal advice! In order to get actual legal advice from THE LAW OFFICE OF CHRISTIAN DAVILA, call and meet with Attorney Christian A. Davila at your earliest convenience.
Additionally, no legal relationship will form between any individual and our law office until parties have discussed legal representation and signed off on an agreed contract. To discuss hiring our law office to represent you in a legal matter, call and meet with Attorney Christian A. Davila at your earliest convenience. |
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