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  • 10 Common Types of Personal Injury Claims - Gibbins Law

10 Common Types of Personal Injury Claims

Millions of people seek care in emergency rooms for personal or unintentional injuries every year. Several personal injury claims come from many of those E.R. visits. What is a personal injury, though? A personal injury case is when one person suffers an injury due to another person’s negligence or a purposeful act. We know this is a broad definition, and you probably think many things can fall under this category, and you’re right! That’s why Gibbins Law Firm is here to help you identify 10 of the most common types of personal injury claims. 

1. Due to Negligence

Everyone has a job to follow the rules with reasonable care. When someone fails to do so and an injury results, a civil suit is appropriate to recover compensation for injuries. 

2. Slip and Fall

Public places must make their property safe for patrons. If they fail to keep it safe, and you slip and fall on something that spilled or a wet floor, you’re probably eligible to file a claim. 

3. Due to Intentional Behavior

You are eligible to sue someone if they intentionally harm you, even if they didn’t mean to hurt you initially. If someone throws a rock at someone, and it hits you instead, you’re eligible to file a claim. 

4. Hazardous Drug

Drugs are supposed to adhere to safety protocol. If they do not adhere to protocols and people suffer injuries, drug companies can end up in class action lawsuits. 

5. Medical Malpractice

Doctors are required to treat patients with proper and complete care. Failure to do so can lead to things going wrong. Failing to treat patients with appropriate care usually leads to medical malpractice cases filed under personal injury claims. 

6. Dog Bites

Dog bites fall under a strict liability standard, so you can file a personal injury claim against the pet owner if someone’s dog bites you. 

7. Auto Accident

Suppose you are involved in an auto accident but are not at fault. In that case, your situation falls under the personal injury category, and you can potentially recover compensation for damages and injuries sustained in the accident. 

8. Misdiagnosis

As we mentioned before, doctors are responsible to you for complete care. If they misdiagnose you and your condition worsens, your situation is classified as a personal injury claim. 

9. Hazardous Conditions

Any private or public place identified as inhabiting hazardous conditions violates the law and can give rise to liability. Dangerous conditions are considered negligent and reasonably avoidable. 

10. Defective Product

All products are required under law to be safe upon proper use. Suppose a product cannot be used safely when properly utilized. In that case, the manufacturer can be liable for negligence even if they’re not negligent in producing the product. 


Contact Gibbins Law Firm today if you’ve endured any of the above situations and would like to seek professional assistance. Our attorneys can help you file a claim and start a lawsuit against those who wronged you. We care about your well-being and believe negligence is unacceptable. Contact Gibbins Law Firm to discuss your situation today.

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  • Personal Injury & Probate Attorney in Tyler TX

Texas Estate Planning: Key Estate Planning Documents

Texas Estate Planning
Estate Planning

Statutory Durable Power of Attorney

This is a popular document within estate plans. Many of you have likely heard of this power. In short, this power of attorney is a document than names an agent. The agent holds power to make financial decisions on your behalf. The power can become effective immediately or “spring” into effect when you become disabled or incapacitated. It is important to note, unless otherwise stated, an agent is entitled to be reimbursed for reasonable expenses and to reasonable compensation for service. Additionally, if co-agents are named, each co-agent may act independently from the other.

Medical Power of Attorney

This is another common power of attorney found dealing with Texas estate planning. This power of attorney names an agent to make health care decisions for you. Unlike the durable power of attorney, the medical power of attorney generally becomes effective when a doctor certifies that you lack competency to make your own health care decisions.

Directive to Physicians

This document is some times referred to as a “Living Will”. In summary, the directive deals with health care measures that you, the patient, wants imposed should you become unable to express your desires.

HIPAA Authorizations

A HIPAA authorization outlines the people, or agents, that you want to have access to your medical information. The use of this separate document can also alleviate concerns some medical professionals may have about relying on a medical power of attorney.

Declaration of Guardian for Oneself

The Texas Estates Code allows you to designate a guardian of the person and/or estate for you in case the you becomes incapacitated to the extent a guardianship is required. In addition, you can disqualify an individual who might otherwise have priority to serve as guardian under Texas law. Good estate planning typically aims to avoid a guardianship by having a statutory power of attorney or revocable trust, and a medical power of attorney.

Appointment of Agent for Disposition of Remains

This document is important because you can give special instructions as to your burial or cremation. Texas law provides a priority list of persons who have the right to control the disposition of your remains. This list begins with the person’s spouse, followed by an adult child, a parent, an adult sibling, executor, and then an heir. Therefore, this document can be important to you if you do not want a member of your biological family in control of your burial arrangement.

These are just a few basic Texas estate planning tools that are important to individuals regardless of their estate size. Learn More About the Texas Estates Code

Gibbins Law is Here to Help

Gibbins Law is here to help. We have experience helping individuals with various types of estate plans. Gibbins Law offers free consultations and appointments seven days a week. Initial consultations are always free.

To request a consultation, please contact us by phone or email and we’ll be with you as soon as possible.

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  • Estate Planning Attorney in Tyler, TX

Tyler Texas Estate Planning: Benefits of Estate Planning in Texas

Benefits of Estate Planning in Texas

  1. Control. Intestacy statutes determine the distribution of your estate if you do not have a Will or Trust. These statutes are found in the Estates Code and aim to distribute assets as a “normal” person would. In other words, if you do not have a plan, your estate will be distributed according to the Estates Code. Therefore, if you want to decide how your estate will be distributed, it is a good idea to plan now. Moreover, you can do this by contacting a Tyler, Texas estate planning attorney. Learn More About the Texas Estates Code
  2. Avoiding Probate. Probate can be avoided all together with proper estate planning. In contrast to a number of other states, Texas probate is not as expensive, time consuming, or complicated. To learn more about probate visit Learn More About Probate
  3. Worst Case. Among other reasons, you could become incapacitated due to a car accident or sudden illness. Consequently, you may not be able to manage your financial affairs or make medical decisions. You can plan for the worst case with estate planning.
  4. Efficient Distribution. Proper estate planning can avoid distribution delays. For example, if your estate goes through probate, your probate assets will not be distributed to your beneficiaries until the probate process is complete. This process often lasts months.
  5. Family Burden. Your estate plan can direct others how you want your end-of-life care to be handled. As you can imagine, such a directive can ease the burden on your family concerning these types of difficult decisions.
  6. Reduce your taxes. You may be able to reduce your estate taxes depending on the size of your estate. Of course, this usually involves not only your estate planning attorney but also an accountant. Overall,  both will work together to develop the best plan for you.


Daniel Gibbins is a Tyler, Texas Estate Planning attorney. We have experience drafting estate plans for clients with various needs and different sizes of estates. Gibbins Law offers free consultations and appointments seven days a week. Initial consultations are always free. We are committed to always being here for you.

To request a consultation, please contact us by phone or email and we’ll be with you as soon as possible.

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  • Dog Bite Attorney Daniel Gibbins

Smith County Car Accident Tips from Gibbins Law when Injured

Tip to Handle Smith County Car Accident 

Here are some tips for handling a Smith County car accident when injured. This is not meant to be an exhaustive list but a few tips to help you get through a tough time.


  1. DO seek medical treatment if in pain. If you delay doctor visits, insurance companies will later argue you were never in pain. Saying that, it is important to seek treatment if you are in pain.
  2. DO be honest with yourself and others. Don’t be a “tough guy”. Tell the police officer if you are in any pain. Despite experiencing pain, many people don’t tell the responding officer they are in pain. As a result, the officer will not report your injury on Texas Peace Officer’s Crash Report.
  3. DO exchange information with all parties: contact information (including all passengers in each vehicle) and insurance information.
  4. DO take photographs. Take photographs of any property damage. Also, take photographs of any of injuries, such as: bruising, cuts, and scarring that may appear later. This evidence will help prove your case.
  5. DO back up all information. Information can be easily lost. We recommend you save all important information on your computer and give a copy to your attorney.
  6. DO contact an experienced personal injury attorney. In addition to pain, a car accident can cause anxiety and be overwhelming. A personal injury attorney can help your case get on track while you worry about your road to recovery. Learn More About Personal Injury at Gibbins Law


Gibbins Law is here to help. We have experience handling personal injury claims and litigation. Gibbins Law offers free consultations and appointments seven days a week. Initial consultations are always free. We want you to choose Gibbins Law, because you believe in us and trust us to fight hard on your behalf every day to get you what you deserve. We are committed to always being here for you.

To request a consultation, please contact us by phone or email and we’ll be with you as soon as possible.

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  • Estate Planning Attorney in Tyler, TX

Tyler Texas Probate Lawyer: Probating a Will in Texas

Tyler, Texas probate lawyer, Daniel Gibbins guides clients through the probate process. Many people are unaware of what a probate lawyer does.  In short, probate is a court process that determines if a Will is valid. The court also oversees payment of creditors and ultimately distributes assets to beneficiaries. Typically, the executor named in the Will begins the probate process. Interested persons can file an application for probate in Texas. The probate of a Will should be filed in the county where the person lived at their time of death.

What is an Executor?

After a probate hearing requested by a probate lawyer, an Executor may be appointed to administer the estate of his or her loved one and issued “Letters Testamentary” by the Court. This person must be qualified and approved by the Court before taking any action or exercising authority over the estate. Banks, and other financial institutions will not turn over assets without Letters Testamentary proving the Executor has been properly appointed.

Executors have many responsibilities. First, they must gather all probate assets. Secondly, they notify estate creditors of their appointment as Executor. Additionally, Executors must pay final estate debts and distribute the remainder of the probate assets to named beneficiaries. Typically, Executors will also file a final tax return for the Decedent and create an inventory of all probate assets to be filed with the Court.

How long do I have to Probate an Estate?

Wills must be filed for probate within four years of death. If the Will is not filed within four years, the intestate heirs have an interest in the estate and must be notified.

What is a Probate Asset?

 A probate asset is any asset that is not transferred automatically after death through a beneficiary designation. Common probate assets include homes, land, and assets owned jointly as tenants in common.

Where do I start?

Overall, probate in Texas is not as expensive, time consuming, or complicated as in other states. If you have recently lost a loved one, and believe a probate may be necessary, Daniel Gibbins, a Tyler, Texas probate lawyer, can guide you through the probate process. By doing so, you can ensure assets are transferred efficiently to beneficiaries. To request a consultation, please contact us by phone or email and we’ll be with you as soon as possible.

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  • Dog Bite Attorney Daniel Gibbins

Tyler Dog Bite Attorney: What to do after a Dog Bite?

Tyler, Texas Dog Bite Attorney: What to do after a Dog Bite?

  1. First, seek Medical Attention. Dog bites cause significant injuries, including scars and other physical disfigurement. Therefore, it is important to seek immediate medical attention if you are injured.
  1. Secondly, Report The Bite. Reporting the bite helps local authorities enforce state and local dog bite laws. Also, reporting allows the public health authority to investigate whether the biting animal may have transmitted rabies.
  1. Thirdly, Obtain Witness Information. Witnesses provide statements to local authorities and help prove your case. Make sure to obtain this information as soon as possible.
  1. Fourthly, Take Photographs/Videos. Photographs can help identify the dog that bit you and help document your injuries. Make sure to save this type of digital evidence in a safe place.
  1. Fifthly, Consult With A Tyler, Texas Dog Bite Attorney. A Dog Bite Attorney helps you establish a claim with the at fault party’s insurance company. In addition, an attorney can guide you through the litigation process if necessary; including, proving the owner knew or should have known of the dangerous or vicious propensities of the subject dog.

 Avoiding Dog Bites in Tyler, Texas

Many people are unaware of leash laws in Texas. Leash laws are established in most areas for not only the safety of individuals but the safety of man’s best friend. It is important to check your area to see if you are subject to a leash law. The City of Tyler’s leash law requires dogs to be leashed when out and about. The leash law applies at apartment complexes, neighborhoods or anywhere outside of a fenced backyard. However, dogs do not have to be secured by a leash in dog parks. The City may declare your dog a public nuisance if your dog is unleashed within the City Limits or within 5,000 feet of the City Limits.

Daniel Gibbins is a Tyler, Texas dog bite attorney and does not charge for initial consultations, and Gibbins Law is ready and able to assist our clients in person or remotely. To request a consultation, please contact us by phone or email and we’ll be with you as soon as possible.