What Are the Grounds for Modifying Child Custody in Texas?

According to Texas law, a court may change your child custody when the change is in the best interest of the child. This includes a set of criteria, which is as follows:

  • The child is 12 years of age or older and can directly present the reason for requesting the change.
  • The situation of the parent or child has drastically changed since the date of the original order.
  • The parent who holds custody has given the child to another person, this includes voluntarily having done so and the child has been in this new individual’s care for at least six months.

Examples of Changes

Some real-life scenarios where a child custody modification may be considered necessary include:

  • The parent has moved to a different city, state, or country and visitation is now difficult for the other parent. This is often the case when one of the parents lands a job in a different city or moves for other reasons and visiting becomes extremely challenging.
  • The parent has been convicted of illegal activity. This includes being arrested for possession of drugs or other criminal offenses. It’s necessary to remove the child from a bad environment.
  • A medical condition has impacted the parent’s ability to safely care for the child. Whether it be a chronic condition that has suddenly become worse or a mental condition that hinders the parent’s ability to care for another individual.
  • There has been a lack of supervision from one of the parents. Whether it is because of complete negligence or a new job with different hours, if one of the parents is no longer able to properly care for the child, giving up custody may be the next step.

Other Grounds for Modification

Sometimes the child may openly request changes in custody. However, in order for a judge to consider them, the child must be 12 years of age or older. The judge will determine if the request is in the best interest of the child.

Another valid need for a child custody modification includes military deployment or duty.

What Is Taken Into Consideration?

The court is ultimately concerned with the child’s needs and his or her best interest. The judge will examine the child’s emotional, physical, mental, social, and environmental needs. They are looking to see whether the change in the custody will benefit the child for the long term.

Seek Legal Assistance from a Family Law Modifications Layer

As a parent who may be on the other end of things, this can be especially difficult to grapple with. Taking the steps necessary to earn you and your child a favorable outcome is the best course of action. Here at The Rodrigo V. Ramos Law Firm, we will help guide your case and provide you with the answers you need. We know this process can be difficult but attempting to handle it all on your own will only make matters more intense. Contact our law firm today to discuss the next steps.    

Reasons You Need a Motorcycle Accident Attorney

There’s nothing like the feeling of driving on the open road on a motorcycle. Motorcycles have been long embedded in our culture. They represent freedom, adventure, excitement, and an attitude that’s often exclusive to the true riders. But when that freedom and excitement is threatened by an accident, everything is put on the line.

Motorcycle accidents are statistically more dangerous. Given the lack of a blockade between the pavement and your body, falling off a bike will result in much worse injuries than a car accident. There are numerous complications that can follow. From recovering from the injuries to proving your innocence in the accident, possibly losing your job, and the fear of financial instability, it can all feel like a nightmare. But having a reputable motorcycle accident by your side can make all the difference.

Determining Who is at Fault

The driver of the vehicle who hit you will do everything possible to prove their innocence. Since motorcyclists have a bad reputation for speeding or driving recklessly, it becomes easy to point the finger even if you weren’t at fault. An attorney’s role is to ensure that all of the facts are brought forward. This includes using the evidence to show how the events unraveled and who was at fault. Without an attorney’s defense, you will leave the outcome of the case up to fate.  

Your Health and Finances Are At Risk

You need time to recover. It’s stressful to spend even a couple of days not working and possibly not getting paid for those missed days. The stress of missing payments on your home, credit card bill, or providing for your family is very real. An attorney will help you seek compensation for the damages such as medical bills, loss of employment, pain and suffering, as well as other losses.  

Dealing With Insurance Companies is Time-Consuming and Stressful

Insurance companies aren’t concerned with your situation. Their bottom line is to give you the minimum settlement. Negotiating with them will be impossible on your own because a) they’re hard to reach and b) their offers are generally “take it or leave it.” However, an attorney with vast experience of dealing with insurance companies will be able to file a lawsuit against them OR they may recommend seeking an alternative route.  

Don’t Face the Hurdles Ahead Alone — Contact The Rodrigo V. Ramos Law Firm, P.C. Today

The Rodrigo V. Ramos Law Firm, P.C. in El Paso is dedicated to ensuring that motorcycle victims receive the representation they deserve. If you or someone you know was recently injured, please give our office a call. We’ll get to work right away!

Don’t Drown in Medical Bills After a Car Accident

recovering in hospital

Medical bills have grown so expensive over the last decade that even if you have insurance, it can still cost you a lot of money. High deductibles, out of network charges- even a simple ambulance ride can start anywhere from $600- $1000; and that’s not including supplies, treatment, and distance traveled. According to the CDC, an average emergency room visit after a car accident can start at $3300. That means that you can end up with a bill averaging $5000 if you are even just slightly injured in a car accident. If you require extended hospitalization, your bill can easily reach more than $50,000 in a matter of days. If you are involved in a car accident that wasn’t your fault and was due to another driver’s carelessness or distracted driving, it doesn’t seem fair that you should drown in these medical bills. That’s where the personal injury lawyer from Rodrigo V. Ramos Law Firm can help.

What Should I Do After a Car Accident?

As soon as you are in a car accident, the very first thing you should do is make sure you are safe, as well as any other people who are in the car with you. Call the police as soon as possible and make them aware if you or anyone in the car is in need of medical attention. If you are able, make sure you get the other driver’s personal information as well as insurance information. If you or anyone with you can, take pictures of the scene and document any damage that has occurred as well as pictures of the surrounding scene.

If you have suffered serious injuries, you are not going to be able to do any of this. The first priority of anyone who has suffered serious injuries is to get better. However, as soon as you are able, get a loved or trusted person to go out and get the information you need. Keep records of your medical expenses, police reports, insurance claims, missed work days- anything and everything that is related to your accident and subsequent injuries.

Insurance Claims and Good Faith

Many times after a car accident, insurance companies will be quick to offer payouts to those who subsequently suffer injuries directly related to the said accident. Many people are quick to accept the offer, taking in good faith that the insurance company is calculating a fair settlement for their pain. Unfortunately, the reality of most of these claims are not calculated to include your pain and suffering- they are calculated to pay out the minimum amount possible. That is why it is very important to contact a personal injury lawyer. A lawyer will help you look over any settlement and determine whether or not it is a fair amount when applied to your experience.

What Can a Personal Injury Lawyer Do?

If it is determined that the settlement by an insurance company does not equate or cover the resulting trauma or injury resulting from the accident, a personal injury lawyer will get to work. They can put together a case that accounts for your trauma, injuries, medical expenses, etc.. Our personal injury lawyer at Rodrigo V. Ramos Law Firm is well versed in putting together such cases in order to fight for the best possible outcome on your behalf.

Don’t Drown in Medical Bills – Contact Our Law Firm Today!

With today’s rising medical costs, it’s not fair that you end up in debt due to medical expenses related to an accident that was not your fault. Let us help you get the compensation you deserve for your pain and suffering. Make your appointment with a personal injury lawyer that knows how to fight for your rights. Call our offices today!

What to Do If You’re Terminated Following an Injury in El Paso, TX

workplace injury attorney

Getting injured at work is something no hard-working Texan wants to endure. Getting let go following that workplace injury definitely adds salt to the wound. All puns aside, we know this matter can feel extremely challenging. We’re here to tell you there’s help available. By seeking assistance from an experienced workplace injury attorney, you can prove the wrongful actions of your employer. Most importantly, you can be rightfully compensated for your financial losses and pain and suffering.

How to Take Action

Employers in Texas are not required to have workers’ comp insurance, which means some employers may elect to have private insurance policies or not have any coverage at all. First, you should ask your employer what type of insurance they have. Not to worry, a workplace injury attorney will be able to help you every step of the way, including the initial information gathering process. When looking for a lawyer, make sure they specialize in on the job accidents. Upon your initial meeting, it will be important to determine whether you have a valid case i.e., whether your employer wrongfully fired you.  

Knowing Your Rights

There are occupations where employers are unable to make accommodations for workers based on work available. For example, allowing an injured worker to perform office work until they’re recovered. However, when employers fail to provide an alternative or mistreat individuals based on their injury, legal action may be necessary.     

In Texas, you cannot be terminated for the following reasons related to workplace injuries:

  • Filing a workers’ comp claim.
  • Taking legal action against the employer.
  • False claims that the accident was due to your own negligence.  

Your employer may, however, terminate you for the following reasons:

  • Failing to follow safety procedures, which led to the accident.
  • Failing to notify the employer of any changes in your health that impacted your ability to perform your job.
  • Refusal to follow their set of policies.

If you have any reason to believe your employer wrongfully let you go, contact a workplace injury attorney today.

Contact the Rodrigo V. Ramos Law Firm, P.C.

Our law firm is dedicated to providing justice for workers who were wrongfully let go because of an injury. We will help you navigate the complicated legal system in order to win you a fair compensation and positive outcome. Your personal well-being may be on the line and taking action early on is the best way to get you back to health. Contact us today.  

Best Practices for Reporting a Car Accident in El Paso

car accident attorney

Car accidents can feel like they happen with a blank of the eye. Many El Paso drivers are faced with the challenge of what to do immediately following the accident. As car accident attorneys in El Paso, we can attest to the importance of how and when you report a car accident. The consequences of saying the wrong thing or failing to report the accident altogether can have a negative impact on your future.     

Texas Law Regarding Reporting a Car Crash

According to the Texas Transportation Code Title 7: Vehicles and Traffic, Subchapter B: Following an Accident, individuals are to report a crash that results in injury, death, or property damage of up to $1,000 or more. Failing to do so could result in penalties and a fine of up $5,000 and/or imprisonment. Even if you’re unsure whether the accident falls into those three categories, you’re in a better position if you report the accident.    

How to Report a Car Accident

Immediately following the accident is when you want to report the accident to the authorities. What you tell the authorities is important. You must provide truthful statements, leaving out who is to blame. If you do not know the answer to a question, simply say you cannot answer. A police officer may want to know the speed limit you were traveling, if you cannot provide an accurate answer, do not attempt to guess. Sticking to the facts is key.  

Be sure to follow these tips:

  • Be thorough in your description
  • Provide the number of people in the car, as well as that of the other drive, when the accident took place
  • Provide your name, vehicle and insurance information
  • Inform the operator of any injuries and property damage
  • If there are any witnesses present, gather their information, and ask them to stay until the police arrive

Failing to Report the Accident May Have Negative Consequences

If for some reason you do not report the accident to the police, you could have difficulty collecting compensation for damages. For one, your insurance company will question why there wasn’t a police report. There will be too many gaps in your claims without a report to support your statements. Compensation for your injuries, property damage, and personal well being will all be on the line.  

Contact the Rodrigo V. Ramos Law Firm, P.C. Today

After reporting the accident to the police and filing a claim with your insurance provider, contact your El Paso car accident attorney. The Rodrigo V. Ramos Law Firm has successfully represented victims of car accidents in El Paso County since 1995. We’ll help guide you in the right direction in order to secure you a maximum compensation.