The Law Office of Jeramie Gertz is dedicated to providing legal representation to people in Bexar County who are hurt in an accident or suffer from a violation of consumer protection laws. Mr. Gertz is a skilled and experienced San Antonio injury lawyer. He can help you protect your rights and pursue damages if you have been harmed by someone else's negligence, misconduct, or deception.Personal Injury Claims
People who are injured in a serious accident need time and money to recover. Often, the only way to obtain these necessities is by filing a lawsuit against the party responsible for the accident. Usually, you have two years from the date of the accident to bring a personal injury lawsuit in Texas. However, in order to avoid spoliation of evidence and to ensure your attorney has adequate time to properly investigate the facts, it is important to consult an attorney as soon as you are able.
In most cases, a plaintiff in a personal injury lawsuit will need to establish the defendant's negligence. Negligence occurs when a person or entity's conduct falls below the appropriate standard of care, causing someone else to be injured and incur damages. For example, all drivers of cars and trucks have a duty to use reasonable care by obeying laws and paying attention behind the wheel. Damages that may be recovered by filing a personal injury lawsuit include economic losses, such as medical bills, lost wages, lost earning capacity, and property damage, as well as noneconomic losses like pain and suffering and loss of enjoyment.Consumer Protection Actions
We also represent consumers who have been harmed due to misrepresentations concerning goods or services. The Texas Deceptive Trade Practices Act (DTPA) was designed to protect consumers against deceptive, misleading, and false business practices and unconscionable actions. It protects a broad range of consumers, including individuals, partnerships, corporations, the state, and subdivisions and agencies of the state that seek or acquire goods or services by purchase or lease.
Under Section 17.46(b), there are 26 practices and acts that are considered misleading, false, or deceptive. In addition to showing that the defendant engaged in a listed practice or act, you must also show reliance to the consumer's detriment. Failing to make a disclosure or improperly remaining silent may also be actionable under section 17.46(b)(23). In that case, you will need to establish that the defendant knew information about goods or services but failed to disclose that information, the defendant intended to induce you into entering into the transaction by failing to disclose it, and you would not have entered into the transaction had the defendant disclosed the information.
While you do not need to have a contract directly with the defendant, you cannot maintain a DTPA lawsuit against a party that does not have any involvement in the transaction that serves as the basis of your complaint. You must be able to show that the defendant's act or practice about which you are complaining occurred in connection with your transaction.Consult a San Antonio Lawyer for a Consumer Protection or Personal Injury Claim
Some businesses and individuals do not operate carefully or ethically to avoid injuries or losses to others. If you have been harmed due to someone's negligence or fraudulent conduct, San Antonio consumer protection attorney Jeramie Gertz may be able to bring a lawsuit for damages on your behalf. We represent victims and consumers throughout Bexar County, as well as in Maverick, Medina, Guadalupe, Cornal, Kendall, Bandera, and Atascosa Counties. Call us at (210) 807-4444 or use our online form to set up a free consultation.
- Car Accidents
- Truck Accidents
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- Spoliation of Evidence in a Personal Injury Case