Integrity Law Group PLLC

What to Do After a Slip and Fall Accident on Someone Else’s Property

If you have been hurt in a slip and fall accident due to a hazardous condition on another person’s property, you may be able to pursue compensation from the business or property owner. However, thorough preparation is required for your claim to be successful. Understanding the steps to take after an accident can help you build a strong claim and ensure that your recovery proceeds as smoothly as possible. 

On the other hand, failing to take the appropriate steps after a slip and fall can also hurt your claim. Our Houston personal injury lawyer knows what to do and what not to do after a slip and fall caused you to sustain injuries.

Report the Accident to the Property Owner or Manager

It is important to notify the property or business owner as soon as possible after a fall. If your fall occurred in a commercial establishment, they likely have an accident or incident report for you to fill out. Complete this form and ask for a copy. If you fall due to a hazardous condition on private property, such as if you were at a friend’s house, notify the property owner immediately.

When reporting the accident, do not make assumptions or embellish what happened. State only the facts you know with certainty. Also, refrain from acting accusatory or hostile when speaking to the owner. Immediately accusing the property or business owner can hurt your credibility and cause them to question your motivation for future legal action.

Document the Scene

Some of the strongest evidence is found at the accident scene. If possible, take photos and video footage of the entire accident scene, the hazardous condition that caused your injuries, any obstructions that blocked the hazard from your sight, weather conditions, lighting conditions, any warning signs or lack of them, and any visible injuries you suffered.

Look around for any surveillance cameras that may have caught footage of how long the dangerous condition existed before you fell, who created the hazard, and more. Take pictures of the locations of any surveillance cameras and ask the business or property owner to preserve any footage recorded on them.

After leaving the scene, also preserve the clothing and footwear you were wearing at the time of the accident. Do not throw them away or even launder them. Keep them in a bag in a safe location so the property owner cannot argue that your clothing or footwear contributed to your fall.

Locate Witnesses

Before leaving the scene, identify any witnesses who may have seen the accident. Ask them for their names and contact information so your Houston personal injury lawyer can contact them in the future. If possible, you can also ask them for a recorded statement or take notes about what they said. This evidence is often helpful in the event that you are unable to contact the witness later or if their memory fades.

Seek Medical Attention

After notifying the owner, documenting the scene, and locating witnesses, it is critical that you seek medical attention. If your injuries are very serious, call 911 so paramedics can be called to the scene. If you are able to leave the property on your own, visit an emergency room as soon as you leave the scene of the accident. This is an important step even if you do not believe you were hurt.

Many injuries, including concussions, do not exhibit symptoms right away. Seeing a doctor promptly will ensure that you receive a thorough examination so the physician can detect injuries and provide the immediate treatment you need. Seeking prompt medical attention will also document the nature and severity of your injuries through medical records. These are very important pieces of evidence in your case that can link your injuries to the accident.

Keep All Documentation Relevant to the Accident

As you recover, it is important to keep documentation of all invoices, bills, income statements, pay stubs, receipts, and tax returns. These can all provide proof of your losses so you can pursue compensation for them. 

Act Quickly

If you believe the property owner’s negligence caused your accident and are considering pursuing compensation, it is critical to speak to an attorney right away. The statute of limitations, or time limit, in slip and fall cases is generally two years from the date of the accident. Although there are some exceptions to the law, they are very limited. If you do not file your claim within two years of the date of the accident, you will lose your right to claim any compensation at all.

Two years may sound like a long time, but it is not. Your attorney will need time to conduct an investigation, collect evidence that supports your claim, and help ensure you receive the full and fair settlement you are entitled to.

Common Mistakes to Avoid

While the above steps are very important to take, there are also actions you should avoid. These include:

  • Do not delay or refuse recommended medical treatment. The insurance company or property owner will use this to argue that your injuries are not as severe as you claim or to challenge the amount of damages you are pursuing.
  • Do not post anything on social media. Do not talk about the accident at all and do not post any photos or videos. The other side will discover these posts and use them to show that you are not injured because you are publishing photos of you participating in activities that your injuries should prevent you from doing. It will not matter if the photos you are posting were from before your accident.
  • Do not speak to the insurance company. Insurance companies use many tactics to reduce, delay, and deny accident claims. Speak to an attorney first and direct the insurer to speak to them instead. Your lawyer will ensure that your rights are protected.

Call Our Personal Injury Lawyer in Houston Today

You may be able to obtain compensation for your injuries and other losses after an accident, but slip and fall claims are complex. At Integrity Law Group, PLLC, our Houston personal injury lawyer can prove the owner’s liability for your injuries and hold them responsible for paying the full settlement you are entitled to. Call us now at (832) 280-8874 or fill out our online form to schedule a consultation and to get the sound advice you need.

Truck Accidents and Serious Injuries: What Victims Should Know

When commercial trucks are fully loaded with cargo, they can weigh up to 80,000 pounds. Compare that with the average passenger vehicle that weighs approximately 4,000 pounds, and it is easy to see why truck accidents are so dangerous. The occupants of smaller vehicles typically sustain severe injuries during a truck accident. Sometimes, their lives are never the same. 

If you or someone you love has been hurt in a truck accident, you need legal help from an experienced Houston personal injury lawyer.

Common Injuries Suffered in Truck Accidents

Again, due to the sheer size and weight of transport trucks, it is highly unlikely that drivers and passengers inside smaller vehicles will walk away from a crash unscathed. Truck accidents cause many different types of severe injuries. The most common of these include:

  • Traumatic brain injuries (TBIs): Traumatic brain injuries, such as concussions, penetrating injuries, contusions, and more, are all extremely serious. TBIs are caused by a sudden jolt or impact to the head and can result in long-term physical and cognitive impairments.
  • Spinal cord injuries: Spinal cord injuries refer to any damage to the spinal column. The higher up on the spine an injury is, the more severe it is. In the worst of cases, accident victims may suffer from paralysis, which is not uncommon after a truck accident.
  • Broken bones: Truck accidents often happen at high speeds, and the impact occurs at high force. This often results in broken bones, which may require multiple surgeries to correct and cause chronic pain.
  • Internal injuries: Some of the most catastrophic injuries sustained during a truck accident are not easily visible. Damage to internal organs, such as perforation and internal bleeding are not uncommon after truck accidents. If not treated right away, these injuries can be life-threatening.
  • Burns: Fires, explosions, and chemical spills at the scene of a truck accident can all result in serious burns. Severe burns are not only incredibly painful, but they also require invasive treatment and have long recovery times.
  • Soft tissue injuries: Soft tissue injuries may sound minor, but they are not. Whiplash is the most common type of soft tissue injury, and it can cause persistent headaches and migraines, neck stiffness, and pain in the shoulders and upper back.
  • Amputations: Whether an amputation happens accidentally at the scene of the crash or surgically afterwards when an appendage cannot be saved, these injuries are some of the most catastrophic. Accident victims have to relearn basic daily tasks, and their life is forever changed.
  • Psychological trauma: Not all injuries after a truck accident are physical. The traumatic event can leave accident victims with emotional and mental trauma, such as anxiety, depression, and post-traumatic stress disorder (PTSD). Accident victims deserve compensation for these injuries just as they do for their physical injuries.

If you have suffered the above injuries or any other, it is critical to speak to a Houston personal injury lawyer.

Damages Available in Truck Accident Claims

If you suffered serious injuries during a truck crash caused by someone else’s negligent or careless actions, you have the right to file a claim for damages. The damages in truck accident claims are meant to compensate you for the losses you suffered as a result of the accident. The compensation available in truck accident cases is broken down into two main categories: economic and non-economic damages.

Economic damages refer to the losses sustained in a truck accident that have an actual dollar value. These include your medical expenses, lost wages, property damage, home modifications necessary to accommodate an injury, and more. Non-economic damages, on the other hand, include the losses you suffered in a crash that do not have a concrete dollar value. These include physical pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, and more.

In rare cases, punitive damages may also be available. Unlike other types of damages, punitive damages are not meant to compensate you. Instead, they are meant to punish gross negligence and deter liable parties from exhibiting that degree of carelessness in the future.

Steps to Take After a Truck Accident

Although you may be able to file a claim for compensation after a truck accident, the steps you take immediately afterward can greatly help or hurt your case. The most important things to do after a crash are as follows:

  • Prioritize safety: Check yourself and the occupants of your vehicle for any injuries. Do not move anyone unnecessarily, particularly if they are experiencing pain or numbness. Move your vehicle out of the road if possible to avoid a secondary accident.
  • Call 911: A 911 dispatcher will send paramedics and police immediately to the scene. Paramedics can check you for injuries and provide urgent necessary treatment until you can visit an emergency room. Police will write and file an official report, which could indicate fault and serve as useful evidence in your claim.
  • Take photos and video footage: Photos and video footage are also important pieces of evidence in truck accident claims. Take photos of all vehicles involved, including the license plate and Department of Transportation numbers on commercial trucks, if available. Also, take photos of any damage to all vehicles, skid marks, road conditions, and any visible injuries.
  • Refrain from saying too much: Provide basic information such as your name, contact information, and insurance details. However, do not say more than this. Anything you say after a truck accident can be used against you to minimize your settlement.

Call Our Personal Injury Lawyer in Houston

Another important step after any crash is to contact our Houston personal injury lawyer at Integrity Law Group, PLLC. Our experienced attorney will determine who is liable for your injuries, accurately value your claim, and negotiate with the insurance company on your behalf so you obtain the full and fair settlement you rightfully deserve. Call us today at (832) 280-9576 or fill out our online form to schedule a consultation and to get the sound advice you need.

Why You Need a Power of Attorney: A Crucial Tool for Managing Your Affairs

When it comes to estate planning, many people believe they only need a will. Although a will is an important component of any estate plan, you should also consider other important documents. A power of attorney is one of these.

A power of attorney is a legal document that allows you, known as the principal, to designate someone you trust, known as the agent, to make decisions on your behalf in the event that you are incapacitated or absent and unable to make decisions on your own. There are many different types of power of attorney in Texas, including a durable power of attorney that allows an agent to handle your finances or a medical power of attorney that allows someone to make health care decisions for you. Below, our Houston estate planning lawyer outlines the importance of powers of attorney.

Why Draft a Power of Attorney?

A power of attorney is critical when ensuring that an entrusted person can manage your affairs if you are ever unable to do so yourself. If one is not in place, your loved ones may have to petition the court for guardianship, which can be an expensive and lengthy process. The many benefits of drafting a power of attorney are as follows:

  • Plan for incapacitation: The main reason people draft a power of attorney is so they can be prepared for an unexpected injury, illness, or other incapacitation, such as Alzheimer’s and other forms of dementia.
  • Avoid court intervention: Many people assume that if they suddenly become incapacitated, their family members can immediately start making decisions for them. Sadly, this is not true. The court will need to appoint a guardian who can then make decisions on your behalf. The guardianship process involves background checks, legal fees, and the ongoing supervision of the court. A properly drafted power of attorney can help your family avoid this stressful and lengthy process.
  • Ensure your wishes are respected: When the court appoints a guardian, it may not align with your wishes. By drafting a power of attorney, you retain control over who will make decisions on your behalf and can ensure you designate someone you trust implicitly.
  • Manage financial affairs: A durable power of attorney allows your agent to make important financial decisions on your behalf. They can pay your bills, manage your bank accounts, file your taxes, and handle real estate transactions and insurance claims. This is helpful if you own investment property and need to travel abroad, and ensures that your mortgage is paid and that your utilities keep running if you become incapacitated.
  • Make medical decisions: A medical power of attorney, also known as an advance directive, gives your agent the authority to make healthcare decisions on your behalf when you are unable to communicate your preferences yourself. Your agent can make decisions regarding treatment, surgeries, end-of-life care, and more, and ensure your medical wishes are respected.
  • Provide peace of mind: A power of attorney can give you the peace of mind that your wishes will still be respected in the event that you become incapacitated or are absent. These legal documents can also provide your family members with peace of mind, as they will not have the burden of making decisions on their own.

Legal Requirements for Powers of Attorney in Texas

Although drafting a power of attorney has many benefits, you and your loved ones can only realize them if your document is drafted properly. To do this, it is important to work with a Houston estate planning lawyer who can ensure you meet the legal requirements. These are as follows:

  • You must be at least 18 years old.
  • You must have the mental capacity to draft the documents, which means you understand their purpose and potential impacts.
  • The document must be in writing.
  • You must sign the document in the presence of a notary.
  • You must include explicit statements regarding the powers you are granting your agent. General statements are often not sufficient for certain types of authority, such as managing real estate.
  • You must include language stating that the document remains effective even if you become incapacitated or disabled.
  • If your agent will have the power to manage real estate transactions, the document should be filed with the county clerk in the county where the property is located.

Certain types of powers of attorney, such as medical powers of attorney, must also be signed by two witnesses. These witnesses must both be at least 18 years of age and cannot be the designated agent, a relative or spouse of yours, your primary physician, an employee of your primary physician, your residential care provider, or anyone who has an interest in your estate.

How Can a Houston Estate Planning Lawyer Help with Your Power of Attorney?

You are not required to work with a Houston estate planning lawyer when drafting your power of attorney. However, it is always recommended that you do, as having a knowledgeable attorney on your side has its own benefits. A lawyer can help with your power of attorney in the following ways:

  • Provide expert legal advice, ensure your document meets the legal requirements in Texas, and help you determine which power of attorney is right for your situation.
  • Ensure the document reflects your wishes in clear language.
  • Help you choose the right person as your agent, as well as the fiduciary duty they have to you.
  • Protect you against power of attorney abuse.
  • Explain the potential legal implications of naming a power of attorney.
  • Represent you in court if your power of attorney is challenged.

Call Our Estate Planning Lawyer in Houston Today

If you need to draft a power of attorney or other legal documents, our Houston estate planning lawyer at Integrity Law Group, PLLC, can help. Call us now at (832) 280-9197 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can ensure you have the protection you need today, and in the future.

What You Need to Know About LLP Formation: A Flexible Business Structure for Professionals

Limited liability partnerships (LLPs) have been popular among professionals such as doctors, lawyers, dentists, and architects since the 1990s. These business structures offer an alternative to general partnerships (GPs) and limited partnerships (LPs). While the majority of states now legally recognize LLPs as a formal business structure, Texas was the first state in the country to enact laws allowing this type of business formation. Below, our Houston business law attorney explains this type of business structure in further detail.

What is a Limited Liability Partnership?

When two or more partners want to start a business, an LLP is one option for a business structure. Partners in an LLP can be individuals or another entity. In most cases, professionals such as accountants and attorneys form LLPs. Although some states, such as California, restrict LLP formation to professionals, any partnership can form an LLP in Texas, regardless of its occupation.

LLPs are similar to limited liability companies (LLCs), so they are often compared to each other. Each of these business structures provides owners with limited liability, pass-through taxation, and flexible management structures. However, they also have important differences, such as the extent of the owner’s liability and the governing documents for each.

Benefits of LLPs

There are many different types of business structures, but LLPs have several benefits over others. These include:

  • Limited legal liability: One of the biggest benefits of forming an LLP is the balance between management control and reduced exposure to legal liability. As in a general partnership, partners in an LLP can actively participate in business operations. While general partners are not protected by limited liability, partners in an LLP are. LLP partners generally only risk the finances they invested into the company and are not personally liable for another partner’s mistakes. Still, partners in an LLP can face liability for their own negligence, debts, and wrongdoing.
  • Provides flexible management roles for partners: All partners in an LLP have a right to manage the business and can shape their own role pertaining to business operations. There is a great deal of flexibility in how partnerships are managed in an LLP. Partners can designate a managing partner to oversee business operations or they can divide duties up according to experience, expertise, or personal interest.
  • Relatively easy formation: Forming an LLP is relatively easy in Texas. For example, a general partnership in the Lone Star State can convert to an LLP. Forming an LLP requires you to complete a registration form and file it with the Secretary of State’s office.
  • Pass-through tax relief: Under the IRS rules, LLPs share the limited liability of a corporation while also avoiding the double taxation associated with corporations. Instead, LLPs are considered pass-through entities. Although the LLP is not taxed under federal law, the partners report their share of the company’s profits and losses on their own federal tax returns and pay the applicable taxes.

Drawbacks to LLPs

LLPs have many benefits for the partners involved in the business, but they also have some drawbacks. The first of these is that there is no uniformity across all states. In fact, some states do not legally recognize the LLP structure at all. Not only can this lack of uniformity make it more difficult to understand the laws in Texas, but it may also matter significantly if you want to operate in different states. Even if you do expand into other states that recognize LLPs, such as California, you may have to comply with different sets of laws, which can make business operations very confusing.

The protection from liability is also limited, as the name of these business structures implies. You may be found liable for another partner’s debts in some cases, whereas in other case,s you are not. If you hire employees, you may also be held vicariously liable for their actions. These factors can also make this type of business formation very confusing.

How to Form an LLP in Texas

A Houston business law attorney can help you through the many steps involved in setting up an LLP. They are as follows:

  • Choose a name: In Texas, the name you choose for your LLP must be unique. Decide on a name for your business and then check to determine if it is available with the Texas Secretary of State.
  • Designate a registered agent: You must select a registered agent who will receive official government and legal documents on behalf of the company. The registered agent must have a physical street address in Texas.
  • Complete Form 701: You must complete Form 701, the Application for Registration. Using this form, you must complete the name of the partnership, the principal office address in Texas, the federal tax ID number, and a statement of the company’s activity. You can complete a physical form and submit it to the Texas Secretary of State by mail, or you can file it online.
  • Apply for an EIN: You must also apply for an employer identification number (EIN) from the IRS. Even if the LLP does not have any employees, it must still obtain an EIN because they are a separate legal entity.
  • Draft a partnership agreement: You are not required to file a partnership agreement when forming an LLP. However, a written contract can outline the rights and responsibilities of each partner, outline their roles in business operations, and more. Perhaps most importantly, a written contract can outline how to resolve disputes if one arises in the future. A Houston business law attorney can draft an agreement that will offer protection to all partners.

Call Our Business Law Attorney in Houston Today

If you want to start a business and are considering an LLP, our Houston business law attorney can help. At Integrity Law Group, PLLC, our experienced attorney can review your goals for the company, advise you of the different structures available, and help you determine which one is right for your business. Call us now at (832) 384-5207 or fill out our online form to schedule a consultation and to learn more about how we can help.

Common Mistakes to Avoid When Creating Your Will: Ensuring Your Wishes are Followed

Drafting a will is important, but if mistakes are made, it can result in legal disputes, emotional and financial challenges for your family, and other serious consequences. Overlooking state laws, failing to review and update your will, and neglecting to account for contingencies can result in family disputes and even render important provisions in your will invalid. Working with a Houston estate planning lawyer can help you avoid the most common mistakes, which are outlined below.

Not Regularly Updating Your Will

Too many people draft a will, store it, and do not think about it again. This is a big mistake. The only constant in life is change, and when your circumstances change, it is also often necessary to make changes to your will. You should review your will any time there is a change in your family circumstances, such as a birth, death, marriage, or divorce. You should also review your will any time your financial circumstances change significantly, such as if you purchase a home.

Not only is it critical to review your will at certain times, but it is also just as crucial that you make any necessary changes properly. Simply writing in changes or notes is not enough. You must create a codicil, or amendment to the will, or draft an entirely new document. Each of these must be signed and witnessed to be valid.

Using Ambiguous Language

The language used in your will must be very specific to ensure there is no confusion. For example, if you leave all of your property to ‘your children’ without naming each of them, it can unintentionally exclude your stepchildren. Likewise, vague descriptions such as ‘all of my property’ without listing each asset can leave the instructions open to interpretation, creating confusion about what you truly meant.

To prevent these issues, it is important to use specific and precise language. For example, instead of saying ‘my rings,’ say ‘my wedding ring’ and include the full name of the recipient and their relationship to you.

Failing to Account for Debt

Before your estate can be distributed after you pass away, your debts must be settled. Large debts, such as a mortgage, can minimize the value of an estate and impact the inheritance your beneficiaries will receive. For instance, if you leave one of your children an investment portfolio valued at $500,000 but it has a loan of $100,000 attached to it, they will only receive $400,000. Failing to account for the debts can result in certain beneficiaries inheriting property that is reduced in value.

To avoid these issues, you should clearly state within your will how you want your debts to be handled. A Houston estate planning lawyer can help with this. You can stipulate that you want certain property to be sold to cover your mortgage, loans, credit cards, and other types of debt.

Including Non-Transferable Property

Contrary to what many people think, you cannot include all of the property you own in your will. You can only include property you own and that is solely in your name. If you co-own property with someone else and you pass away, it will automatically transfer to the surviving co-owner. Additionally, you cannot include property that has a designated beneficiary, such as certain bank accounts and life insurance policies. 

To avoid confusion and ensure that no part of your will is deemed void, it is important to consult with an estate planning attorney. A lawyer can help you create an inventory of your assets and determine which ones to include in your will.

Choosing the Wrong Personal Representative

Your personal representative will have many responsibilities after you pass away. They must settle your debts, distribute your property, and handle many other legal matters. If you appoint a personal representative who is inexperienced or unreliable, it can create delays and cause disputes. Someone who is not equipped to handle these tasks may mismanage your estate, make poor decisions, and fail to follow proper legal procedures.

To ensure you choose a personal representative who is equipped for the task, it is critical to choose someone who is trustworthy, organized, and who can manage both emotional and practical demands. Although many people choose a close family member or friend, you may also consider a professional personal representative, such as an attorney, who has the necessary experience to manage your estate.

Not Understanding State Law

Like all states, the law in Texas provides many requirements that wills must meet in order to be considered valid. These requirements are as follows:

  • Wills must be typed or handwritten. If a will is handwritten, it must be entirely in the testator’s handwriting.
  • The testator must sign the will. Someone else may sign on their behalf, but only if the testator is present and directs the signature.
  • Two witnesses, who are credible and at least 14 years old, must sign the document in the presence of the testator.
  • The testator must be of sound mind and voluntarily create and sign the will.

To ensure that your will is legally valid, it is critical to work with a Houston estate planning attorney who can advise on the laws in Texas and execute your will properly.

Not Including Contingencies in Your Will

Reviewing your will periodically is important, but there may be times when you do not have a chance to do so before you pass away and after a significant life event. For example, you may outlive a beneficiary you included in your will. This can create unnecessary delays and confusion. To prevent this from happening, it is important to include contingencies, such as alternative beneficiaries and detailed provisions that cover unexpected situations.

Our Estate Planning Lawyer in Houston Can Help You Avoid Mistakes

If you are about to draft a will, you need legal help. At Integrity Law Group, PLLC, our Houston estate planning lawyer can review the facts of your case, execute your will, and ensure no mistakes are made so your wishes are respected. Call us now at (832) 280-8874 or fill out our online form to schedule a consultation and to learn more about how we can help.

Advantages of LLP Formation for Law Firms and Other Professional Services

Whether you are an attorney, doctor, or other professional, you must choose a business structure for your practice. Maybe you are just starting out and wondering what type of structure is right for you. Or, perhaps your current structure is no longer working for you, and it is time for a change. Whatever the reason that led you to consider the structure for your company, there are many reasons to consider a limited liability partnership (LLP). Our Houston business attorney explains what these are.

What is an LLP?

An LLP is a company established by two or more individuals or entities, known as partners. In most cases, LLPs are formed by a group of individual professionals. For example, four attorneys may decide to form an LLP and start their own law firm. There are many different types of professionals who choose to form an LLP, including:

  • Attorneys
  • Doctors
  • Dentists
  • Architects
  • Accountants

LLPs provide an alternative partnership structure to limited partnerships and general partnerships. Interestingly, Texas was the first state to create a law allowing the formation of LLPs, and approximately 40 states have now also adopted similar laws. While other states only allow LLPs for certain types of professionals, Texas law allows any group to use this business structure. This is very beneficial for many professionals, as LLPs have many advantages over other types of structures.

Limited Legal Liability

One of the biggest benefits of establishing an LLP is the balance of management control combined with limited liability exposure. As in general partnerships, LLPs allow the partners to actively participate when operating the business. Unlike general partnerships, however, LLPs provide partners with limited liability. Usually,  the partners in an LLP only risk the capital they have invested in the business. They are not at risk of being held liable for the mistakes of another partner. Still, partners in an LLP are liable for their own wrongdoing, negligence, and debt.

If a partner in an LLP fails to use reasonable care while conducting business, such as failing to supervise employees, and someone becomes hurt, that partner can be held liable for their negligence. As such, the negligent partner would be liable for personally paying damages. Under Texas law, LLPs are required to carry liability insurance.

Flexibility in Management Roles

Each partner in an LLP has the right to help manage the business. There is also a great deal of flexibility when shaping the roles of each partner in an LLP. This means that every partner has substantial freedom when determining how to manage the partnership. Partners can agree to delegate the daily operation of the business to a specific partner. They may also decide to assign specific duties based on a partner’s experience, expertise, and personal interest.

It is important to act proactively when forming an LLP to avoid confusion about the roles of different partners. A partnership agreement can outline the roles and responsibilities of each partner and create a framework in case there is ever a dispute. A Houston business attorney can draft your agreement and include all necessary provisions to protect all partners.

Relatively Easy Formation

Forming an LLP in Texas is relatively easy. Generally, partners need to only choose a name, file a Certificate of Formation, appoint a registered agent, file for registration, and obtain an EIN. While these are required steps, there are also recommended steps, such as drafting a partnership agreement. An attorney can help you through the process and make it even easier for you.

Tax Advantages

LLPs typically share the limited liability of corporations, but they also avoid the double taxation of a corporation. Instead, LLPs are treated as pass-through entities. As such, the LLP itself is not taxed as an individual entity under federal tax law. The laws allow the taxes to pass through the LLP to the individual partners who report their share of the company’s profits and losses on their individual tax returns. Owners of pass-through entities are often able to take advantage of the 20% pass-through tax deduction. Under this law, only 80 percent of your overall income is taxed rather than 100%, resulting in substantial savings.

Considerations Before Forming an LLP

While LLPs do have many advantages, there are also certain factors to consider before forming one. These are as follows:

  • Different laws in different states: The laws on LLPs vary significantly from state to state. Not all states even recognize this type of business structure. As such, if your company is going to operate in multiple states, you may not be able to register in all states as an LLP. 
  • Two partners are required: To form an LLP, there must be at least two partners. This means that if one partner dies, retires, or leaves the partnership for any reason, the LLP may have to be dissolved.
  • Costly insurance premiums: While partners are not required to carry liability insurance, it is recommended that all parties in an LLP have this type of coverage. Without it, a partner is personally liable for paying damages in the event of wrongdoing or negligence. The cost of insurance premiums can be high. Additionally, LLPs are required to carry a minimum amount of liability insurance of $100,000. These premiums can also be quite high.

While it is important to consider the above factors, there are ways to minimize the negative implications so all partners can reap the benefits.

Our Business Attorney in Houston Can Help with Your Case

There are many different types of business structures for law firms and other professionals in Texas. At Integrity Law Group, our Houston business attorney can advise on the different types of structures, help you determine which one is right for you, and guide you through the process so you can reap all of the benefits. Call us now at (832) 280-9197 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.

How to Draft a Will that Protects Your Family and Assets After You are Gone

There are many reasons people procrastinate when it comes to drafting their will. One of the most common is that many people simply think the task is too daunting. Wills are an important and necessary component of any estate plan. With a properly executed will in place, you can have the confidence knowing that your family is taken care of and will have the protection they need, when they will need it the most. Below, our Houston estate planning lawyer outlines how to draft a will that will protect your loved ones and meet your goals.

Understand if You Need a Will

It is a very common misconception that wills are only for the wealthy or the elderly. The fact is that most people need an adult, particularly when any of the following are true:

  • You are 18 years of age or older
  • You own property, such as a vehicle, a home, a bank account, or other personal property
  • You have a career
  • You have any investments or savings
  • You have dependents, such as children or adult parents, who rely on you financially

If any of the above apply to your personal situation, it is critical that you draft a will. Without this legal document in place, the probate court will make all of the decisions regarding your estate.

Identify Your Assets and Your Wishes for Them

The first step when it comes time to actually draft your will is to identify your assets and outline the beneficiaries you would like to receive them. Make a list of all of your personal property from the largest assets, such as your home, to the most minor, including your clothing, furniture, and other personal property.

After you have identified your assets, you should provide clear instructions for them. Identify your assets clearly, as well as the specific name of the beneficiary you would like to receive them. This will make it much more likely that your wishes will be fulfilled in the manner you intended.

Plan for Your Digital Assets

Your digital assets include any property you access using a smartphone, computer, tablet, or other electronic device. It is critical that you include these assets in your will. These assets include your social media accounts, email accounts, photo sites, cryptocurrency accounts, and more. While these types of assets are fairly new, it is still important that you include them in your estate plan so you can specify what you want done with them and to eliminate confusion. Just like with physical assets, identify all digital property and specify who you want to receive them.

Collect Necessary Documents

Drafting a will does not have to be a complicated process. You can make the process much easier by having a number of documents ready and on hand for your Houston estate planning lawyer. These include:

  • Necessary birth and death certificates
  • Marriage licenses and divorce certificates
  • Property deeds
  • Mortgage details
  • Insurance policy details, including beneficiaries on each policy
  • Inventory of all bank accounts, account numbers, and institutions
  • Investment information, including account numbers and brokerages

Carefully Select Your Personal Representative and Beneficiaries

Two of the most important components of your will are the personal representative and beneficiaries you select. The personal representative is responsible for administering your estate after you pass away. It is critical that you choose someone who is trustworthy and has the necessary skills to take on the necessary tasks, such as good organizational skills and an understanding of financial matters.

Your beneficiaries are the people you choose to inherit from your estate. To ensure your beneficiaries receive the property you intended for them, it is critical to be specific in your instructions. For example, simply stating ‘my children’ can lead to questions whether you meant only your biological children, or if you intended to include your stepchildren as well. Always be very clear and name all of your beneficiaries by name.

Designate Guardians

One of the most important, but also one of the hardest parts, of drafting a will is determining who you want to act as guardian for any of your minor children. It is critical to include this provision; otherwise, the court will make the decision for you, and it may not align with your wishes. This is a matter you should give very careful consideration. While no one wants to think about being unable to care for their children themselves, there is always the possibility that it could happen, and it is crucial that your entire family is prepared.

Ensure Your Will Meets the State Requirements

Just like in all other states, Florida has very clear requirements on all wills drafted in the state. Testators, or the people who draft wills, must be 18 years old and of sound mind when drafting the document. Testators must also sign the end of the document in the presence of two witnesses. After the testator has signed the will, the two witnesses must then also sign the document. While wills in Florida do not have to be notarized, doing so can help probate proceed more quickly and smoothly.

Store Your Will Properly

There are many different ways to store your will. The best are in a safety deposit box, in a fireproof safe in your home, or at your lawyer’s office. Just as storing your will properly is important, it is just as important to ensure that you inform your loved ones where it is stored. This will help them access it easily when necessary.

Update Your Will

Any time there is a significant life change such as a birth, death, marriage, or divorce, you should review your will and make any necessary updates. This will ensure the document still reflects your wishes and that your family is still protected.

Work with an Estate Planning Lawyer in Houston

You are not required to work with a Houston estate planning lawyer when drafting your will. However, it can help ensure your family has the protection you want to leave them. At Integrity Law Group, PLC, our experienced attorney can help you identify your goals and draft a will that will ensure they are met and that your family is protected. Call us now at (832) 280-8874 or contact us online to schedule a consultation and to learn more about how we can help you and your family.

How to Identify and Address Construction Defects Before They Become Costly Issues

Building your own home or moving into one that has just been built is very exciting. It is truly a blank canvas, and you can make it into whatever you envision. Unfortunately, not everything always goes according to plan in new builds. Construction defects may start to pop up, and they can greatly interfere with your vision for your home.

There are a number of construction defects that will not only dampen the dream you had for your new home, but that can also significantly damage the structure of it, as well. It is important to identify construction defects as soon as possible so you can take action right away and protect your home. Below, our Houston real estate lawyer outlines some of the most common defects, and your options after discovering them.

Structural Issues

Structural defects include cracks in floors, walls, and ceilings. Uneven or sagging floors, movement or settlement of the foundation, and other indications that the home’s structural integrity is compromised are also signs of construction defects.

Water Leaks

New homeowners should inspect for water infiltration or water leakage in areas such as windows, roofs, basements, walls, and doors. To spot water leaks, look for dampness, water stains, musty odors, and mold growth.

Issues With the Home Envelope

A home’s envelope consists of the windows, exterior walls, roof, and doors. These can contain defects that can compromise air sealing, insulation, or weatherproofing. Common issues include cracks, gaps, improper installation, and inadequate insulation.

HVAC System Problems

It is important to inspect the heating, ventilation, and air conditioning (HVAC) system for insufficient airflow, defective components, unusual noises, or inconsistent temperatures. Faulty or inefficient HVAC systems can impact the comfort of the occupants in the home and indoor air quality. The most common issue is that one room is extremely warm while the others are very cool. This is caused by an HVAC system that is not properly balanced.

Plumbing and Electrical Deficiencies

Assess the functionality of the plumbing and electrical systems in the home. Look for issues such as inadequate outlets, faulty wiring, defective fixtures or switches, leaks, low water pressure, and drainage problems.

Fire Safety Issues

Make sure that the proper fire safety systems, namely fire alarms, are in place and are functioning properly. All homes in Texas must also have at least one fire extinguisher and a carbon monoxide detector, so make sure these are in place, as well. If your home has a sprinkler system, also check it to ensure it is working properly.

Finish and Surface Defects

Closely inspect interior and exterior finishes for poor workmanship or defects. This can include cracked or uneven flooring, loose tiles, peeling paint, improperly installed or damaged siding, or other signs of inferior quality.

Safety Hazards

People do not often consider safety hazards in their homes, but shoddy workmanship, insufficient lighting, unstable handrails, and improperly secured equipment or fixtures are common hazards that can result in serious injury.

How to Address Construction Defects

After discovering a construction defect, it is critical that you address it as quickly as possible. Contractors, subcontractors, architects, and others responsible for building your home in a safe manner can be held responsible for construction defects. When addressing them, you have a number of options.

Mediation or Arbitration

The first thing to do is to review your construction contract. It may contain provisions regarding how to resolve your construction defect dispute. For example, many construction contracts stipulate that you must enter mediation or arbitration to resolve a construction defect dispute.

Filing a Lawsuit for Breach of Contract

If you file a lawsuit against a builder or developer, it will likely be based on a breach of contract. This essentially means that they failed to deliver the home that was initially promised to you. Purchasing a new home typically involves a great deal of paperwork. Any materials the builder or developer gave to you, such as photographs, descriptions of the home, drawings and plans, and emails outlining the wor,k can be helpful when establishing the home that was promised to you.

Before filing a lawsuit for breach of contract, it is important to speak to a Houston real estate lawyer. Under the statute of limitations in Texas, you have only four years from the date of completion to file a breach of contract lawsuit. If you do not file within this time, you will lose your right to file a lawsuit and collect any damages at all.

The law recognizes that not all construction defects are visible right away. As such, the discovery rule allows you to file a breach of contract lawsuit four years after you discovered or should have discovered the defect. Still, under the statute of repose, it is not possible to file a lawsuit for breach of contract at all ten years after completion.

Filing a Claim for Negligence

You can also file a lawsuit against a builder or developer based on negligence. If the builder or developer failed to exercise the proper care and adhere to the correct standard when designing or building your home, the legal theory of negligence may be more applicable. If you can show that your home was damaged by a defective or unsafe condition of the property, you have ten years after the property was substantially completed to file a lawsuit for negligence.

When filing a lawsuit based on negligence, you must prove certain elements of your case. A Houston real estate lawyer can explain what those elements are and knows the strategies to prove them.

Our Real Estate Lawyer in Houston Can Advise You of Your Legal Options

At Integrity Law Group, PLLC, our Houston real estate lawyer can further explain the legal options available to you after a construction defect and help you determine which one is right for you. We will then help you navigate the appropriate process and give you the best chance of a positive outcome. Call us today at (832) 280-8874 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.

Types of Power of Attorney: Understanding the Different Levels of Authority You Can Grant

When people consider the different estate planning documents they need, they often think of wills or trusts. Although these are important tools that can help distribute your property to your beneficiaries after you pass away and name guardians for your minor children, they will not protect you during your lifetime. In order to obtain this type of legal protection, you need to draft a power of attorney (POA). 

Many people have heard of POAs, but they are not aware of exactly what they do or that there are different types in Texas. Below, our Houston estate planning lawyer explains POAs in more detail.

What is a Power of Attorney in Texas?

A power of attorney is an important legal document. It gives an individual, known as the agent, to act on behalf of someone else, known as the principal. There are many different situations that may require an agent to act on a principal’s behalf, which is why there are so many different types available in Texas. Regardless of the types of POAs a person chooses to create, they all have one thing in common. With the aging population in Texas, these legal documents are becoming more and more important. 

Legal Requirements on POAs in Texas

Like all legal documents, state law places strict requirements on any power of attorney in order for a court to deem it enforceable. One of the main requirements is that the principal must understand the consequences of drafting and signing a power of attorney. They must also enter into the agreement voluntarily. Unlike wills, powers of attorney must also be notarized, verifying their validity. These requirements must be met, regardless of the type of power of attorney being drafted. A Houston estate planning lawyer can ensure that you meet the requirements when drafting your power of attorney.

Durable or General Power of Attorney

A durable or general power of attorney will usually stand in most situations. These documents provide the agent with universal powers until the power is revoked or the demise of the principal. For example, an agent has the authority to sign legal documents or manage the financial affairs of the principal with a durable or general power of attorney. However, the principal must be of sound mind at the time of drafting the POA or the document is void.

Special or Limited Power of Attorney

Unlike a general or durable power of attorney, a special or limited POA limits the authority of the agent to a very specific task, situation, or duration. Principals often draft these types of POAs when they are away or unable to manage a particular transaction. For example, a principal may have an investment property they need to manage while they travel overseas. They may appoint an agent with a limited power of attorney to act only in that situation and only for the duration of time while they are away.

Medical Power of Attorney

A medical power of attorney allows a principal to appoint an agent to make medical decisions on their behalf. This type of POA is activated when the principal is medically incapacitated and cannot make healthcare decisions for themselves. For example, if a principal is in a coma, the designated agent in the medical POA can make healthcare decisions for them. Medical POAs benefit not only the principal but also the principal’s family, who would otherwise have to make difficult decisions for their loved ones.

Springing Power of Attorney

A springing power of attorney works slightly differently from the others listed above. These powers of attorney only go into effect at a specific period of time. Although this is true with other types of POAs as well, the time period is much more specific in a springing power of attorney.

For example, a durable power of attorney may authorize an agent to act on a principal’s behalf any time they become incapacitated. A principal, though, may choose to draft a springing power of attorney after they are diagnosed with Alzheimer’s disease. The springing power of attorney may only ‘spring’ into effect when the principal advances into the later stages of the disease. A springing power of attorney often requires a court order or a detailed medical report, which places a heavier burden of proof on the agent.

What Type of Power of Attorney is Right for You?

Choosing the right type of power of attorney depends on your own personal situation and the scenarios you may face in the future. If you have complicated financial affairs, you may benefit most from a durable or general power of attorney. This provides the agent with broad authority to sign legal documents and ensure that matters are managed accordingly even if the principal is incapacitated or absent.

On the other hand, if there is a need to appoint an agent for a specific action during a specific period of time, a special or limited power of attorney may be more appropriate. A special power of attorney allows you to delegate specific tasks while still retaining control over other aspects of your life.

If you prioritize medical decisions, it may be more important to incorporate a medical power of attorney into your estate plan. This type of POA will ensure that your chosen representatives can make important healthcare decisions that are aligned with your directives.

If you only need to assign a POA to act in very specific situations, a springing power of attorney may be more suitable for you. Essentially, gaining clarity on the possibilities of each type of power of attorney can help you make an informed choice.

Our Estate Planning Lawyer in Houston Can Draft Your POA

While you are not legally required to work with a Houston estate planning lawyer when drafting your power of attorney, it is always recommended that you do. At Integrity Law Group, PLLC, our experienced attorney can advise on the type of document that may be right for you and draft it so it is enforceable by the court. Call us today at (832) 280-9197 or fill out our online form to schedule a consultation and get the legal help you need.

Understanding Compensation in Personal Injury Cases: What You Need to Know

Car crashes, slip and falls, and medical malpractice are just a few examples of accidents that can result in serious injuries. If you have been hurt, and the accident was caused by another person’s negligence, you may be entitled to damages, or financial compensation. Below, our Houston personal injury lawyer explains the types of damages that may be available in your case.

What are Damages in a Personal Injury Case?

Even the highest courts cannot undo the injuries or harm you suffered due to another person’s negligence. The only remedy then, is to award you damages that can compensate for the physical, emotional, and financial harm you sustained. In Texas, there are three different types of damages you may be eligible for. These are economic, non-economic, and punitive damages.

Economic Damages in Personal Injury Cases

After an accident, you will incur many expenses and financial losses. Economic damages are those that have an actual dollar value and so, they are fairly easy to calculate. Common types of economic damages in personal injury cases are as follows:

  • The cost of medical treatment and care, including physical, occupational, and rehabilitative therapy,
  • Lost income, including wages, salaries, bonuses, and benefits,
  • The cost of household services and personal care,
  • Out-of-pocket expenses,
  • Property damage, and
  • In-home care.

If your accident caused a permanent disability, you may also obtain damages for the following:

  • Reduced earning capacity, if you cannot return to the same line of work in the future,
  • Ongoing medical expenses, and
  • The cost of long-term personal care, nursing facility, or in-home care.

A Houston personal injury lawyer will document your expenses and financial losses to ensure you receive the maximum economic damages you are entitled to.

Non-Economic Damages in Personal Injury Cases

While many of the damages you incur will have a quantifiable dollar value, others will not. These damages are known as non-economic damages. Common examples of non-economic damages in personal injury cases are as follows:

  • Physical pain and discomfort,
  • Mental anguish,
  • Emotional distress,
  • Loss of enjoyment of life,
  • Diminished quality of life,
  • Permanent disfigurement or scarring, and
  • Disabilities and impairments.

Due to the fact that non-economic damages do not have a concrete dollar value, they are very difficult to calculate. A Houston personal injury lawyer will know how to accurately value your claim so you obtain the maximum compensation you deserve.

Punitive Damages in Personal Injury Claims

The third type of damages available in some personal injury claims is punitive damages. Unlike economic and non-economic damages, these are not meant to compensate you for your losses. Instead, they are intended to punish defendants for certain types of wrongdoing and to deter them from acting in a similar manner in the future.

To receive punitive damages, you must prove by clear and convincing evidence that the defendant acted with gross negligence, malice, or fraud. A case must also have specific circumstances in order for punitive damages to apply, and the burden of proof is also much higher. For these reasons, punitive damages are rarely awarded in personal injury cases.

Factors that Impact Damages in Personal Injury Cases

There are many factors that will impact the amount of damages you receive in your personal injury claim. These include:

  • The extent and nature of the injuries you sustained,
  • The severity of disabilities and impairments caused by your injuries,
  • Whether you can work and earn an income,
  • The duration of your expected recovery period,
  • The extent to which the injuries have disrupted your life,
  • The type of treatment you need for your injuries, and
  • If your injuries have adversely affected your ability to maintain and engage in your personal relationships.

Essentially, the more an injury has negatively affected your life, the greater the amount of damages you deserve.

Caps on Damages in Personal Injury Cases

As in many other states, Texas law places a cap, or limit, on the amount of certain damages you can receive. If you were hurt by medical malpractice, non-economic damages are capped at $250,000 from a single medical provider. However, if you were hurt by multiple facilities, you can file a claim against each of them and receive up to $250,000 in each claim. Still, the overall cap on non-economic damages in medical malpractice claims is $750,000. There is no cap on economic damages in medical malpractice claims.

When punitive damages are available in a case, they are capped at $200,000 or two times the value of economic damages, whichever is greater.

How Does Comparative Fault Affect Damages?

There are times when accident victims contribute to the accident. For example, you may have been distracted while driving, and you did not see that another driver was not going to stop for a red light. In this instance, you and the other motorist may be found at fault. Distracted driving is not typically viewed as serious an offense as running a red light, and you may be assigned 25% of the blame while the other driver is assigned 75% of the blame.

Under the comparative fault law in Texas, you can still receive damages in a personal injury claim as long as you are less than 51% at fault for the accident. However, the same percentage of your own fault will be reduced from the total damages you receive.

Insurance adjusters often try to shift the blame to accident victims to reduce the total amount of damages they are liable for paying. This is one reason it is so critical to work with a Houston personal injury lawyer who can refute these claims and ensure that you receive the full damages that are rightfully yours.

Call Our Personal Injury Lawyer in Houston Today

After an accident, you may be entitled to a number of different types of damages. At Integrity Law Group, PLLC, our Houston personal injury lawyer can accurately value your claim to determine the full amount of damages you are entitled to and will guide you through the process of obtaining them. Call us today at (832) 280-9576 or fill out our online form to schedule a consultation and get the legal help you need.

Back to top