Beeton Shabot LLC Beeton Shabot LLC 2026-04-28T16:24:34Z https://www.beetonshabot.com/feed/atom/ WordPress /wp-content/uploads/sites/1304339/2020/02/cropped-3377696_site-ID-32x32.png On Behalf of Beeton Shabot LLC <![CDATA[Could a settlement constitute bad faith insurance practices?]]> https://www.beetonshabot.com/?p=67970 2026-02-09T22:20:36Z 2025-10-19T11:14:02Z Settlements can be inappropriate Bad faith insurance practices involve deliberate attempts to avoid upholding the terms of a policy. Misrepresenting what the policy covers, lying to a policyholder about their rights or manipulating them into accepting less than they deserve given their policy limits and losses could constitute bad faith insurance practices. If a settlement offer is substantially lower than the reported losses and the applicable policy limit, the situation could warrant bad faith insurance litigation. Policyholders may need to review the documentation submitted to the insurance company, the policy paperwork and any communications they had with insurance professionals. Successful bad faith insurance litigation can lead to increased compensation for those who might otherwise end up covering losses out of pocket. Reviewing the terms of a settlement with a skilled legal team could help policyholders assert their rights when insurance professionals put company profits ahead of upholding obligations to policyholders.]]> On Behalf of Beeton Shabot LLC <![CDATA[Texas law helps children who have lost a parent to a drunk driver]]> https://www.beetonshabot.com/?p=67969 2025-10-13T21:28:07Z 2025-10-13T21:28:07Z When a parent or guardian is killed in a crash, their surviving children’s lives are changed forever. Aside from the trauma, loss and grief, they may experience financial hardship – particularly if they depended on that parent or guardian’s income. That’s why just over two years ago, Texas became one of the growing number of states to enact what’s known as “Bentley’s Law.” The law requires judges to order anyone convicted of intoxication manslaughter to pay restitution for the support of minor children left behind by a parent or guardian killed in an impaired driving crash. Generally, this is done via monthly payments handled through the court so that surviving family members don’t need to have contact with the driver.

How do judges determine the amount of restitution?

When ordering restitution, judges can consider things like:
  • The financial needs and resources of any surviving parent or court-appointed guardian for the child
  • The educational, medical, psychological and other needs of the child
  • The child’s previous standard of living
  • The finances of the defendant
This restitution is to continue until a child reaches 18 (or 19 if they’re still in high school).  Since intoxication manslaughter also carries a potential prison term of up to 20 years, it’s possible that an offender may not be able to begin making payments until after a child is no longer a minor. They still owe the restitution.  The law gives them a year after they’ve been released from prison to begin making payments. Those payments must include what they’ve owed during their incarceration. Specifically, it states that they must pay “all arrearages regardless of whether the restitution payments were scheduled to terminate while the defendant was confined….” 

What about other damages?

The law requires that the “amount of restitution paid under this article be deducted from any civil judgment against the defendant….” Surviving family members may still be able to sue for wrongful death and to recover other damages. The aftermath of a fatal crash can be a time of shock, grief and confusion for loved ones. Having experienced legal guidance to help ensure that needed compensation is recovered can allow families the time and space they need as they move forward.]]> On Behalf of Beeton Shabot LLC <![CDATA[3 construction errors that lead to mold growth]]> https://www.beetonshabot.com/?p=67967 2025-09-29T06:53:10Z 2025-09-29T06:53:10Z 1. Improper material storage Proper storage of construction materials is of the utmost importance. Precipitation and even morning mist can be enough to introduce water to materials. That moisture could then fuel the growth of mold later.

2. Leaving the space open to the elements

Keeping the building dry and secure is important during a construction project. Tarps and other temporary solutions are necessary at every stage of the process. Otherwise, a rainstorm might moisten objects inside the edifice, and later work could seal that moisture into hard-to-reach locations.

3. Issues with windows and doors

Every access point to an edifice can allow water inside without proper sealing. The installation or replacement of doors and windows requires precision from professionals. When there are issues with sealing doors and windows, moisture can enter the building even after the project’s completion. Pursuing a construction defect lawsuit from mold development is possible in some cases. Property owners who can show that there were issues with construction work can request compensation for the damages they’ve sustained, including medical expenses and remediation costs.]]> On Behalf of Beeton Shabot LLC <![CDATA[How does Texas handle wrongful death from product defects?]]> https://www.beetonshabot.com/?p=67966 2025-09-19T21:23:31Z 2025-09-19T21:23:31Z When a defective product causes the loss of life, families are left searching for answers and justice. Texas law provides a path for certain family members to bring a wrongful death claim when a dangerous product contributes to a fatal accident. These cases often involve questions of design, manufacturing, or warnings, and understanding how the law treats them helps clarify what options exist.

Who can bring a claim

Texas law gives the right to file a wrongful death claim to a spouse, child, or parent of the person who died. If none of these family members file within three months, a representative of the estate may step in unless the family objects. This ensures that someone can seek accountability when a product defect leads to tragedy.

Types of product defects

There are three main ways a product can be considered defective. A design defect means the product was unsafe from the start and a safer alternative was possible. A manufacturing defect happens when the product strays from its intended design, such as a faulty batch of parts. A marketing defect involves missing instructions or warnings that could have prevented harm. Each category focuses on how the defect made the product unreasonably dangerous.

Damages and time limits

Families may recover both financial and personal losses, such as lost earnings, medical expenses, and the loss of companionship. In cases involving gross negligence or willful misconduct, state law also allows exemplary damages meant to punish and deter reckless behavior. A wrongful death claim must usually be filed within two years of the death, making timing an important factor. The loss caused by a defective product leaves lasting effects on families. The law recognizes the seriousness of these cases and provides legal avenues to hold manufacturers and sellers responsible for unsafe products.]]> On Behalf of Beeton Shabot LLC <![CDATA[Trucker fatigue can contribute to some semitruck crashes]]> https://www.beetonshabot.com/?p=67964 2025-09-11T12:46:01Z 2025-09-11T12:46:01Z Truckers operate large and heavy rigs, so they must be fully prepared to drive safely at all times. Fatigue is one factor that can contribute to crashes if they let it overtake them. In an effort to combat this, the Federal Motor Carrier Safety Administration has hours of service guidelines that govern the amount of time a trucker is allowed to drive before taking a rest break. The hours of service guidelines list the maximum amount of time that a trucker can be behind the wheel. It also gives truckers the opportunity to do other job duties as long as their driving doesn’t extend past a specific point in their shift.

How long can truckers drive?

Truckers who are carrying property can drive for 11 hours and then must take 10 consecutive hours off duty. Truckers who are carrying people can drive a maximum of 10 hours and must take eight consecutive hours off before driving again. If truckers are doing their job duties, they still must abide by those maximum driving hours. They also have to follow guidelines about how many hours total they are allowed to be on duty, including non-driving time. The limit is 14 hours of on-duty time for property-carrying truckers, which means that they can’t drive past their 14th consecutive hour working. The limit for truckers who are carrying people is 15 consecutive hours on duty. Hours of service regulations can be a central factor in some semitruck crash cases. Victims of these crashes will likely need to have significant medical care because these injuries can be catastrophic. The cost of care is often expensive, especially if long-term care and rehabilitation are necessary.  Getting assistance from someone familiar with these matters is often beneficial because they can help you to battle against the trucking company and any other defendants in the case. ]]> On Behalf of Beeton Shabot LLC <![CDATA[3 reasons you might struggle to drive again after a car accident]]> https://www.beetonshabot.com/?p=67963 2025-09-01T21:29:29Z 2025-09-01T21:29:29Z Recovering from a car accident often extends beyond physical healing. While medical treatment may help restore the body, emotional and psychological scars can remain long after the event.  For many survivors, getting behind the wheel again is a daunting task. The thought of driving, which once felt routine, may now trigger fear, anxiety or uncertainty. Understanding why this happens can help ensure you approach recovery with patience and compassion.

1. Psychological trauma

One of the biggest challenges survivors face is dealing with post-traumatic stress. Even minor accidents can create lingering fears of another collision. Some people experience flashbacks, heightened anxiety or panic attacks when they try to drive again. Others may avoid certain roads, speeds or traffic conditions. This emotional response is the mind’s way of protecting itself, yet it often interferes with daily life. 

2. Physical injuries and limitations

Physical recovery can also make driving difficult; injuries to the back, legs, arms or neck can limit mobility and reaction time. Tasks like turning the wheel, pressing pedals or checking blind spots may suddenly feel painful or impossible. Rehabilitation and physical therapy are critical in restoring strength and flexibility, helping to ensure survivors can manage the physical demands of driving. For some, adaptive driving equipment may also be necessary to accommodate long-term changes in mobility. 

3. Loss of confidence

Even without visible injuries, many survivors struggle with a loss of confidence. The accident may cause self-doubt about reaction times, judgment or driving skills. This lack of trust in one’s abilities often makes the road feel unsafe, even under normal conditions. Rebuilding confidence requires patience and gradual exposure.  Struggling to drive after a car accident is a normal part of recovery, shaped by both the body and the mind. Addressing these challenges and holding the at-fault parties accountable for the collision can help ensure driving becomes less intimidating over time. With patience, the right support and a focus on steady progress, many people find their way back to driving safely and with greater resilience. ]]> On Behalf of Beeton Shabot LLC <![CDATA[When can a car manufacturer be held liable for an accident?]]> https://www.beetonshabot.com/?p=67962 2025-08-20T20:47:36Z 2025-08-20T20:47:36Z Accidents caused by design defects A design defect means the vehicle was unsafe from the beginning. Even when built correctly, the design itself creates a risk of harm. Examples include vehicles with a high risk of rolling over, brakes that fail under normal use or airbags that deploy too forcefully. If the design makes the car unreasonably dangerous, accidents linked to that flaw may result in manufacturer liability.

Accidents caused by manufacturing defects

Manufacturing defects refer to errors during the production process. This can affect a single vehicle or a larger batch. Common issues include faulty wiring that can cause fires, improperly installed seatbelts or engine parts that break prematurely. If a crash happens because a car did not meet its intended design due to poor manufacturing, the company may be held accountable.

Failure to warn and inadequate instructions

Sometimes, a vehicle may have risks that are not obvious to the average driver. Manufacturers must provide clear warnings and instructions. If they fail to warn about dangers, such as how a safety system should be used, they may be responsible for resulting injuries. For example, if a manufacturer knows a certain feature only works under specific conditions but fails to explain this, drivers may unknowingly face increased risks. Car manufacturers play a major role in ensuring vehicle safety. When design flaws, manufacturing errors or inadequate warnings cause accidents, they can potentially be held liable for any resulting injuries.]]> On Behalf of Beeton Shabot LLC <![CDATA[Can families seek exemplary damages in a wrongful death lawsuit?]]> https://www.beetonshabot.com/?p=67961 2025-08-07T16:52:47Z 2025-08-07T16:52:47Z The standard for exemplary damages is higher In a wrongful death lawsuit, plaintiffs must show that a preponderance of the evidence supports their claims. They must show that the other party caused the tragedy due to negligence or misconduct. They generally also need to prevent documentation related to their financial losses. Exemplary or punitive damages are an option in special circumstances. Plaintiffs can ask the courts to impose a financial penalty on the defendant for the impact of their actions (or inaction). However, they must have clear and convincing evidence that the situation warrants an award of exemplary damages. Typically, they must have proof showing that fraud, malice or gross negligence caused the tragic situation. Those hoping to maximize their financial recovery and the consequences for the party at fault for their loss may need help developing a wrongful death lawsuit. Seeking punitive or exemplary damages is possible if survivors have the right support and evidence.]]> On Behalf of Beeton Shabot LLC <![CDATA[How are funeral expenses handled in Texas wrongful death cases?]]> https://www.beetonshabot.com/?p=67960 2025-08-04T17:53:04Z 2025-08-04T17:53:04Z After a wrongful death, funeral expenses often add financial pressure to emotional pain. These costs can escalate quickly. Knowing how the law addresses funeral expenses helps you plan effectively and assert your rights. Taking the right legal steps ensures you don’t shoulder these costs alone.

Who recovers funeral expenses?

The law allows specific individuals to file a wrongful death claim. The spouse, children, and parents of the deceased may pursue compensation. When they succeed in court or settlement, they can recover reasonable funeral and burial expenses. You should gather all receipts and documentation to support your claim. Keeping detailed records makes it easier to show the court what you paid and why.

What qualifies as a funeral expense?

Funeral expenses extend beyond the service. They include body transportation, cremation or burial, casket purchases, floral arrangements, and printed materials like programs. Courts examine these expenses for reasonableness and necessity. Excessive or unrelated costs may not receive approval for reimbursement. Sticking to industry standards can help ensure full recovery.

Who covers the initial funeral costs?

Family members or the deceased person’s estate usually pay for funeral expenses before resolving the legal claim. If the estate pays, it can later seek reimbursement through the wrongful death claim. When individual family members pay out of pocket, they may receive direct compensation from a settlement or court judgment. Either way, it’s important to keep a clear paper trail.

How do survival actions affect funeral expense claims?

Texas permits both wrongful death and survival actions. The estate files a survival action, which may also seek funeral expense reimbursement. Depending on who paid and how you structure the case, funeral costs can fall under either or both claims. However, only one party will receive reimbursement to prevent duplicate compensation. Coordinating claims avoids confusion and supports a smoother process.]]> On Behalf of Beeton Shabot LLC <![CDATA[3 dangerous types of distracted driving]]> https://www.beetonshabot.com/?p=67958 2025-07-23T16:03:16Z 2025-07-23T16:03:16Z It’s very common for people to equate distracted driving with texting and driving. And it’s also true that this is one of the most common types of distraction drivers face, as cellphones have become ubiquitous in modern society. That said, the Centers for Disease Control and Prevention notes that anything that distracts a driver from operating their vehicle can be problematic. It certainly extends far beyond cellphones, and there are three general categories to consider.

1. Visual distractions

First and foremost, some distractions are visual in nature, such as turning to talk to a passenger, looking at a child in the rearview mirror or looking down to switch the radio station or read a text message. The person is still physically driving their vehicle, but they’re not paying enough attention to where they’re going, which could cause them to run a stop sign, drift over the centerline and the like.

2. Manual distractions

In other cases, the driver is able to keep their eyes on the road, but they take their hands off of the wheel. An example could be a parent who hands a drink to a child in the backseat. Even though they’re looking at where they’re going, they’re still distracted by this activity.

3. Mental distractions

Finally, some distractions just happen in the mind, such as daydreaming. Drivers may not even realize that this is happening. They’re not paying attention, even though anyone who saw them would attest that they were holding the steering wheel and looking at the road. Cognitive distractions can lead to crashes even when the driver appears to be in control. If you’ve been injured in an accident caused by any of these distracted drivers, you may need compensation for lost wages, medical bills and more.  ]]>