The Law Offices of Michael M. Guerra handles cases in the following areas:
- Wrongful Death & Catastrophic Injury
- Automobile Crashes
- Product Liability
- Home Fires / Explosions & Burns
- Truck Accidents
- Brain Injuries
- Aircraft Crash Accident
- Medical Negligence
- Fair Labor Standards Act (FLSA)
Wrongful Death & Catastrophic Injury
Injuries that are considered catastrophic, due to the enormous impact they have on the lives of the individuals who experience them, include brain injury, spinal cord injury, accidental amputation, or other severe breaks, burns, and disorders.
Whether you are coping with a debilitating injury, such as a spinal cord injury, or are overcoming the sudden loss of a loved one following a fatal accident, our law firm will assemble the necessary resources and team members. We work with experts to evaluate long-term projections about the impact the injury or wrongful death will have on you and your family.
We fight hard to obtain the maximum compensation that you need and deserve for medical expenses, necessary modifications to your home, lost wages, funeral expenses, pain and suffering, and other damages.
Automotive defects can and do cause serious collisions, leading to catastrophic injury and death. Many otherwise survivable crashes result in severe injury or death due to safety system failures. A vehicle's occupant protection package includes things such as the seatbelts, airbags, side curtain airbags, rollover sensors, seatbelt pretensioners, electronic steering control systems, and many more developments. Properly designed and manufactured vehicles help drivers avoid collisions, and properly designed and implemented vehicle safety systems protect occupants from severe or fatal injuries in foreseeable crashes. Many deaths can be avoided when companies act responsibly in implementing safe products. Unfortunately, not all companies act responsibly.
Our lawyers have handled cases involving:
- Defective Tires
- Seat Belt Failures
- Airbag Failures
- Tire Blowouts / Aged Tires
- Defective Child Seats and Infant Carriers
A car accident can mean a lifetime of pain, lost earnings, and even paralysis. At their worst, car accidents claim lives of innocent victims. The lawyers of the Law Offices of Michael M. Guerra know that serious car accident injuries don't just affect the injured victim. Whole families are changed when a key person is catastrophically injured or killed.
If you have been seriously injured in a car accident, or if you have a family member who has suffered catastrophic injuries, let us help you put your life back on track. We fight aggressively to protect your rights, and we are not afraid to take on the largest insurance companies in court.
Car Accident Litigation may include the following:
- Accident injuries
- Commercial truck accidents
- Motorcycle accidents
- Injuries caused by Drunk drivers, DWI / DUI accidents
- Wrongful death, fatal car crashes
- SUV rollover injuries
- Passenger injuries
- Pedestrian injuries
- Ambulance errors, emergency room mistakes
When we put our trust in the hands of medical professionals, we have a right to expect proper diagnosis, care, and treatment of our illnesses. Unfortunately, thousands of people become critically ill or die every year in America because of negligence, carelessness, or incompetence by the very health care professionals to whom we entrust our lives. The lawyers of the Law Offices of Michael M. Guerra know that Americans enjoy the best health care in the world. When serious mistakes happen, however, you may be facing a lifetime of lost earnings, additional medical expenses, pain and suffering, and diminished quality of life. If a doctor or hospital was negligent, you are entitled to maximum compensation for the injuries you have suffered.
Medical Negligence and Malpractice Litigation includes such issues as:
- Cancer misdiagnosis, failure to diagnose
- Wrongful death, fatal doctor mistake
- Wrongful surgeries and improper surgical techniques
- Surgical errors
- Heart attack misdiagnosis, improper treatment
- Emergency room mistakes/negligence
- Medication errors
- Nursing home injuries
- Cosmetic surgery mistakes
- Medical device recall or product failure
- Injuries to Babies during Labor and Delivery
There are more than 3,000 death and more than 30,000 injuries resulting from accidents involving semi-trucks and other commercial vehicles every year. It takes experience and resources to maximize recovery for your clients from a major trucking corporation.
Most trucking accidents are caused by factors such as:
- Defects in the truck
- Unqualified drivers
- Fatigued Drivers
- Faulty Equipment and Maintenance
- Overloaded Trailers
Home Fires / Explosions & Burns
Fires and explosions are perhaps the most frightening and catastrophic events that can occur to a person. We at the Law Offices of Michael M. Guerra have seen first hand the devastating affects of fire in the workplace and in the home. The lawyers at the Law Offices of Michael M. Guerra have litigated and investigated home and work place fires all over Texas. We have successfully negotiated confidential settlements for many clients in this area. We have successfully litigated furniture flammability lawsuits and electrical malfunction cases. This type of case is one of the most difficult and expensive to pursue because the immense destruction caused by fires and explosions requires the use of extraordinary measures to collect and preserve evidence so that the sequence of events leading to the incident can be reconstructed. Our firm knows how to identify viable cases and commits the necessary resources upon being retained.
Aircraft Crash Accident
It is the duty of the aircraft and its operator to deliver passengers safely to their destination. In most instances, when an air crash occurs, the incident was preventable. Aviation disasters can raise complex issues involving multiple parties and complex questions regarding what happened and who is legally responsible.
Air crash investigations always involve state and federal officials and investigators, and also involve the aircraft and aircraft component manufacturers, as well as airline representatives. Without the assistance of competent legal counsel, victims and their families do not have a voice or advocate for their rights in these critical early stages of the investigation, and before state or federal authorities reach final conclusions about the root cause of a crash. The lawyers of the Law Offices of Michael M. Guerra stand ready to assist you in this difficult process and the prosecution of your claims against those who are responsible.
Fair Labor Standards Act (FLSA)
Under the Fair Labor Standards Act (the FLSA), most employers are required to pay their hourly employees a minimum hourly wage. The federal minimum wage is currently $7.25 per hour. The FLSA also generally requires most employers to pay their employees overtime or "time-and-a-half" for all hours worked in excess of forty hours in a workweek.
Some common areas where employers violate the FLSA include:
- Failing to pay salaried employees overtime - although many salaried employees are exempt from the FLSA, just because you are paid a salary does not necessarily mean you are not entitled to overtime pay;
- Switching hourly employees to salaried employees without any change in job duties;
- Treating employees as independent contractors by paying them their regular hourly rate for all hours worked instead of "time-and-a-half" for overtime hours;
- Requiring tipped employees (e.g., wait staff, bartenders, etc.) to share their tips with management or with non-tipped employees (e.g., kitchen staff, food prep workers, etc.);
- Requiring tipped employees to pay for walked tabs, glass or dish breakages, mis-pours, etc.;
- Requiring employees to work "off the clock";
- Altering employee time sheets to reduce the number of hours worked in a week;
- Requiring employees to arrive early to perform work-related tasks but not allowing them to clock in, or requiring employees to stay after they have clocked out to perform work-related tasks;
- Averaging hours worked over periods longer than a week or basing overtime pay on a period other than a single week (e.g., only paying overtime after 80 hours worked in a two-week period);
- Giving employees "comp time" off in a following week instead of overtime pay for overtime hours worked;
- Automatically deducting whether the employee actually takes a lunch or not;
- Allowing employees to work overtime hours and then denying them overtime pay because the work was not previously approved by management
If your employer has wrongfully denied you proper minimum wage or overtime pay, the law presumes that you are entitled to double the amount you should have been paid. The FLSA also prohibits your employer from retaliating against you for in any way for standing up for your rights under the FLSA. You must act quickly, though. Strict time limits apply to the amount of unpaid wages you can go back and recover. If you believe you may have a minimum wage or overtime issue, the attorneys of the Law Offices of Michael M. Guerra can help you determine your rights and maximize your recovery of unpaid wages.