KBTX Bryan College Station Legal Line

If you have suffered an injury, you may be approached by an insurance adjuster about settling your claim against the person that injured you. You may ask should I settle now and, if so, for how much? These questions can be very hard to answer if you’re inexperienced in the legal field or do not have knowledge of the value of cases similar to yours. It’s important to consider whether the person that injured you is at fault or not. Could you be at fault as well and maybe have shared fault in the accident or occurrence that caused your injury? How much are your medical expenses? Has your doctor fully evaluated the problems that you currently suffer or might suffer in the future? Will you incur future expenses? Are you able to work or have you lost time from work? Are you able to do normal tasks in life, like taking a walk or playing with children? Do you have embarrassing scars?

These are all considerations that should be taken into account when putting a value on your injury claim. The adjuster is aware of these things and will attempt to pay you money so that his or her company can avoid the exposure and costs of litigation. One thing to remember is that the insurance adjuster is looking out for the best interest of the insurance company and is not representing you. The determination of the value of your claim is dependent upon many factors and can best be answered by an experience attorney.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Nobody expects to be involved in an automobile accident, but many happen every day. If you’ve been involved in an automobile accident, there are important things you can do to protect your legal rights. Hit and run driving is a serious criminal offense. Never leave the accident scene without properly identifying yourself and exchanging important information.

You should also get immediate medical help if anyone is injured. After the accident, get the name, address and telephone number of the other driver or drivers and of any witnesses to the accident. Note the date, time of day, weather, and road conditions. Also record the make and model of the vehicles involved, their license plate numbers, and the drivers’ insurance company and policy number. Also notify the police of the incident and insist that they make a report. Do not move the vehicles until the police tell you to do so. Do not speak to any insurance adjuster about the incident. In fact, you should not speak to anyone about the incident except to answer questions by the police or to make sure no one is hurt. Report the accident to your insurance carrier immediately.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Injuries from automobile or motorcycle accidents present many concerns. Many times, serious injuries may not be immediately visible or doctors cannot determine the extent of your injuries immediately after an accident. If you have a serious injury, you must make sure that all insurance coverage available to you has been discovered. You usually can recover under the insurance policy of the driver at fault. If the negligent driver was working for his or her employer, the employer’s insurance may also provide coverage for your injuries. Your own uninsured, underinsured or personal injury protection insurance policy may also provide coverage for your injuries. Other specific out-of-pocket expenses such as property damage, medical expenses, lost wages, and other types of damage, such as pain and suffering, may all be part of your claim. You have a right to claim all damages that you have suffered in the past and will suffer in the future. You should seek the advice of your attorney immediately to make sure that your case is promptly investigated so that your rights can be protected.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

You have certain rights that are protected under the law, such as if you or your property has been damaged due to the negligence of someone else. In the United States, the only compensation for such torts or wrongs is usually money. The amount of recovery you may receive is based on the extent of the damages and injuries. There are different types of damages that you may be entitled to recover if you have been injured by the wrongful actions of another. Recoverable damages usually include economic and non-economic damages.

Economic damages are damages where a specific dollar amount can be attributed to the loss, such as property damages and the cost of medical care in the past, present and future for treating injuries related to your claim. It also includes lost wages, loss of earning capacity, loss of services, which is the loss of one’s ability to perform household and domestic duties, and other costs or expenses which you incur due to your injuries.

Non-economic damages include disfigurement, which impairs the beauty, symmetry or appearance of a person, such as scarring or deformity. They also include physical impairment or the loss of your ability to participate in sports, hobbies and other activities, and loss of consortium, which is the loss of love, care, affection, emotional support, and companionship that can occur when a family member is injured. You may also be entitled to recover for your mental anguish, emotional distress, and physical pain and suffering associated with personal injury claims.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

The death of a loved one is always a sad and traumatic event. Many times the death is the result of the negligence of someone else or the result of a dangerous product. The law generally permits money damages to be recovered by the parents, children and spouse of the deceased. Damages for the wrongful death of a family member are generally intended to compensate the family for emotional damage to the family unit and its surviving members rather than for physical injuries. You may also be able to recover damages for pecuniary losses, the loss of care, maintenance, support, services, advice, counsel and other reasonable contributions of a monetary value that the deceased would have provided had he or she lived. Wrongful death claims may also permit you to recover for mental anguish, loss of companionship and society, and loss of inheritance. To learn more about the specific damages to which you may be entitled, you should immediately consult with an attorney. Money damages cannot replace the life of the deceased, but such damages are the only means our society has to respond to the wrongful act that has adversely effected the family.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Simply put, medical malpractice and nursing home neglect involves substandard care that causes harm. While most doctors and nursing homes render good care to their patients, unfortunately this is not always the case.

The successful prosecution of medical malpractice claims begins with careful screening and investigation. This requires analysis by expert physicians and other skilled health care professionals to determine if malpractice has actually occurred and to ensure that all important aspects of every claim are fully developed before the case goes to trial. Individuals who believe that they or a loved one has been the victim of medical malpractice should consult with attorneys experienced in handling such cases.

Although family members often place their confidence and trust in a nursing home to care for an elderly relative, all too often, nursing homes place their drive for profits above the needs and rights of their residents. Our elderly are entitled to a dignified existence and when a loved one is placed in a nursing home, they should expect the degree of care that is appropriate for the well-being and dignity of the resident. Most cases against nursing homes stem from the facility’s failure to provide appropriate health care and protective and supportive services. These violations can result in serious injuries such as pressure sores, trips, falls, choking, and urinary tract infections, all of which can all contribute to an undignified existence for the elderly resident. In some cases, the resident may actually suffer no physical injury at all, but because of the violation, the resident is deprived of general well being and their right to a dignified existence while in the nursing home.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

In order to file a suit for divorce in the State of Texas, one of the parties to the suit for divorce must have a been a domiciliary of this state for the preceding six (6) month period and a resident of the county in which the suit is filed for the preceding ninety (90) day period. Divorces in Texas may be granted on the grounds of insupportability, which is the so-called “no fault” divorce. It can also be granted on the fault grounds such as cruelty and adultery. The Court may not grant the divorce before the sixtieth day after the date the suit for divorce was filed although most divorces require more than sixty days to complete.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

In a suit for divorce, the Court shall order a division of the estate of the parties in a manner that the Court deems just and right, having due regard for the rights of each party and any children of the marriage. The property that the Court shall divide is the community property of the parties. A spouse’s separate property consists of the property owned or claimed by the spouse before marriage, the property acquired by a spouse during marriage by gift, devise or descent, and the recovery for personal injuries sustained by the spouse during marriage except for recovery for loss of earning capacity during marriage. Community property consists of the property other than separate property acquired by either spouse during marriage. At the time of divorce, all property possessed by either spouse is presumed to be community property. If a spouse wishes to assert that some of the property possessed by him or her is separate property, that spouse must prove that claim by clear and convincing evidence.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

When a party files a suit for divorce, that party must include a statement of whether there are children born or adopted of the marriage who are under the age of eighteen (18) years or who are otherwise entitled to support. If there are such children, the suit for divorce shall include a suit affecting the parent-child relationship. The best interest of the child shall always be the primary consideration for the court in determining the issues of conservatorship and possession of and access to the child. It is a rebuttable presumption that the appointment of the parents of the child as joint managing conservators is in the best interest of the child. The Court shall designate which joint managing conservator has the exclusive right to determine the primary residence of the child and establish, until modified by further order, a geographic area within which the conservator shall maintain the child’s primary residence or may specify that the conservator may determine the child’s primary residence without regard to geographic location. Alternatively to appointing the parents as joint managing conservators of the children, the Court may appoint one parent the sole managing conservator of the child and appoint the other parent the possessory conservator. In such case, the sole managing conservator is the parent who has primary possession of the children and the possessory conservator is the parent who has visitation with the children. The parties may agree on conservatorship issues. If they do not, either party may request a jury to make such a determination. If a jury is not requested, then the judge of the trial court makes such a determination.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Until a Temporary Restraining Order is served on a party or until Temporary Orders have been issued by the Court, the parties are generally free to take such actions with property or with the children that would otherwise be legal. A Temporary Restraining Order is an order that is obtained by one party without the other party being present, generally for the purpose of maintaining the status quo. For example, a party going through a divorce may seek a restraining order forbidding the other party from canceling insurance coverage or from draining bank accounts. The parties could also seek a Temporary Restraining Order forbidding the other party from taking the children from the county of their residence. A Temporary Restraining Order is not effective against a party until he or she has been served same. Texas law requires that a hearing be held on the Temporary Restraining Order within fourteen (14) days after it is issued. This hearing is called a Temporary Orders Hearing. A Temporary Orders hearing may also be held without obtaining a Temporary Restraining Order. At a Temporary Orders hearing, the Court will make provisions for preservation of the property, support of the parties and conservatorship and support of the children. Often the Court will issue a Temporary Injunction preserving the property during the pendency of the divorce.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

The Court may order either or both parents to support a child. The support orders apply until the child is eighteen (18) years of age or until graduation from high school, whichever occurs later. Child support orders can end under other circumstances and may be modified for so long as the child is eligible to receive support. The Court can order retroactive child support under certain circumstances. The person who pays child support is referred to as the Obligor. The person who receives child support is the Obligee. After the Court has determined an Obligor’s net resources, the Court applies certain percentages against that figure known as net resources. For example, if the Obligor has no other children than the one involved in the suit before the court, the Court shall presumptively apply the guideline amount of twenty percent (20% ) of net resources to determine the correct amount of child support. The percentage to be applied is based on the total number of children for whom the Obligor has the duty of support.

Texas has a Standard Possession Order. There is a rebuttable presumption that the Standard Possession Order provides reasonable minimum possession of the child for a parent named as a possessory conservator or a joint managing conservator and that a Standard Possession Order is in the best interest of the child. Under a Standard Possession Order the non-custodial parent may request some additional overnight periods with the child and may be allowed to pick up the child from school rather than the custodial parent’s home.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

The Purchase Money Contract controls the transaction for the purchase of a Home. It determines which party pays for what fees, what liability a Seller may incur for failure to disclose prior repairs or damages to the Home, what damages a Buyer or Seller may incur for a breach of the Purchase Money Contract. If you want to minimize your expenses when selling your Home or maximize your rights when purchasing a Home, consult an attorney prior to signing the Purchase Money Contract.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

A party selling Rural Property is required to provide certain disclosures to a Buyer and should consider reserving minerals, including water rights. The Buyer of Rural Property should have the Title Policy insuring title to the Property examined by a real estate attorney to determine the existence of restrictions, pipelines, easements, and rights of third parties to enter the Property and to use the surface of the Property for drilling, storing or transporting oil, gas and other minerals and access to other property. If you want to protect your rights as a Buyer or Seller, you should contact an attorney specializing in real estate when buying or selling Rural Property prior to signing a Purchase Money Contract.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

A person selling Commercial Property should be very careful to limit their warranties and representations with regard to the Property being sold. T he failure to limit the warranties and representations may subject a Seller of Commercial Property to claims or lawsuits after the sale. A Buyer of Commercial Property should attempt to discover the existence of liens against the Property, restrictions or zoning that may prevent the Property’s intended use. If you want to protect your rights as a Buyer or Seller of Commercial Property, contact an attorney specializing in real estate prior to signing a Sales Contract.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

The purpose of Title Insurance is to guarantee the ownership of the title to a tract of land a person is buying. The Title Policy may guarantee that you own title to 100% of a tract of land or only a portion of the title to the tract of land. The Title Policy often references the rights of third parties to use the land, such as oil companies, pipeline companies or for access easements. If a title company fails to list a right or claim of a third party to the title to the land, you can make a claim against the title company. If the title company lists the rights of a third party in or to the title to the land, you will not have a claim against the title company if the third party decides to use their right to the land. To be sure you are receiving the maximum protection of a Title Policy, you should consult with an attorney that specializes in real estate law prior to buying the Property and have such attorney review the Title Policy for claims of others against the title to the Property.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

If you are building a new home or a commercial building, you should have a Construction Contract with the contractor. The Contract may provide for penalties if construction is not timely completed. The Contract should also require proof from the contractor that suppliers and sub-contractors are being paid. If suppliers and sub-contractors are not paid, liens may be filed against your Property. The Construction Contract should also provide you with a method to terminate the Contract if a dispute arises with your Contractor. To help insure that your rights as an owner are protected, you should have an attorney trained in real estate law either prepare or review your Construction Contract.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Every adult person who owns titled property should consider establishing an estate plan. Estate planning may include Wills, Trusts, powers of attorney and other documents as may be needed. By using a will, a person is able to direct who will receive his or her property at his or her death, who will be designated to represent him or her during lifetime including medical decisions during incapacity, who will represent his or her estate upon death and, if necessary, who will be designated to act as guardian of any minor children. A will may also provide for educational expenses for children and/or grandchildren, tax planning and business succession planning. If a person dies without an will, then the State’s laws of intestate succession will determine who is entitled to the property, who will be appointed to represent the person’s estate, and who will be appointed as guardian of the person’s minor children.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Basic estate planning consists of having a Will and/or Living Trust Agreement, Statutory Durable Powers of Attorney, Medical Powers of Attorney and Directives to Physicians. Depending on your particular circumstances, you may need additional planning in order to protect your family, your beneficiaries and the assets that you wish for them to inherit. Inheritance and gifts during lifetime can be made to individuals and/or charities either outright or in trust. By using a trust instrument, you are able to control the asset for a longer period and provide protection of the asset from your beneficiaries’ creditors. If your assets include a business, farm, ranch or other similar type asset that constitutes a majority value of your estate, you will want to consider implementing tax planning in your estate plan to avoid having to sell particular assets to pay debts and taxes in order to keep the business, farm, ranch or other asset intact for your ultimate beneficiaries. Tax planning can be accomplished in your Will, your Living Trust or other types of Irrevocable Trusts. Estate planning, tax planning and financial planning all work together in assisting a you in accumulating wealth during your lifetime and transferring the fruits of those labors to your beneficiaries at the end of your life.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Probate/Estate Administration is the legal process that allows a Will to be enforceable after a person’s death or, if a person did not have a Will (or Living Trust), it is the legal process where the Court determines who the person’s heirs are under the Texas Statutes on intestate succession. By probating a Will, a person is requesting that the court acknowledge the validity of a Will and grant an order authorizing the transfer of assets and appointment of executor, trustee and/or guardian as provided in the Will to the extent legally allowed. A Will must generally be probated within four (4) years after a person’s death. If a Will is not probated within four (4) years after a person’s date of death, the person’s property may be transferred pursuant to the Texas Statutes on intestate succession which may not distribute property to the same beneficiaries and may not designate the same individuals to act on behalf of the estate as the Will provided. Probate/Estate Administration is a more complicated and costly process without a Will.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

A mineral owner can add various landowner protection clauses to the standard Oil and Gas Lease. Those clauses should include surface use restrictions, damages for surface use, increased royalty and early termination for failure to timely produce your minerals. To protect your rights as a mineral owner, you should consult with an attorney prior to signing and Oil and Gas Lease.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

In Texas, oil, gas, other minerals and water are owned by the owner of the surface of a tract of land unless the oil, gas, other minerals or water have been previously conveyed away or reserved when the Property was sold. To determine if you own any oil, gas, other minerals or water, or are entitled to payment for oil, gas, mineral or water production, you should consult with an attorney that specializes in Real Estate law and is familiar with conveyances, reservations and ownership of oil, gas, minerals and water.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Many disputes arise within a business relationship. One of the most common is breach of contract. A contract may be oral or written. Although most contracts do not have to be written, a written contract is required in certain situations such as in transactions involving the sale of real estate or a promise which cannot be completed within one year of the date of the agreement. There are other circumstances that may also require a written contract, and you should consult an attorney if you have questions regarding whether or not your specific situation requires a written contract.

A breach of contract occurs when a party does not perform as he or she promised. A contract may also be considered breached in some situations where a party makes it clear that he or she does not intend to perform their contractual duties.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Another common type of dispute with a business occurs when a party misrepresents a product or a service. This potentially could give rise to fraud or negligent misrepresentation claims. You may have a right to recover damages if a party breaches a contract or makes a misrepresentation. If you have been involved in a situation where you think the other party has misrepresented their good or services, you should consult an attorney to make sure that your rights are protected

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Each business owner must consider the various liability issues that may arise in his or her business. In order to limit personal liability and provide for centralized management, a business can be formally organized or incorporated with the Secretary of State as a corporation, a limited liability company, a limited partnership, a professional corporation, a professional association or a professional limited liability company. Organizing and maintaining a formal business entity requires compliance with the Texas statutes creating the business entity and Texas law concerning the maintenance of corporate formalities in order to obtain the limited liability protection that these business entities provide.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Sexual harassment is unwanted conduct based on sex, whether directed towards a person of the opposite or same sex, and may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually oriented "kidding" or "teasing," "practical jokes," jokes about obscene printed or visual material, and physical contact such as patting, pinching or brushing against another person's body.

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other physical, verbal, or visual conduct based on sex when submission to the conduct is an explicit or implicit condition of employment, submission to or rejection of the conduct is used as the basis for an employment decision, or the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Employees that believe they have been sexually harassed or discriminated against should immediately report such behavior to their supervisor or the human resources department. Employers should promptly and thoroughly investigate all complaints of harassment. To the fullest extent practicable, the employer should keep complaints and the terms of their resolution confidential. If an investigation confirms that discrimination or sexual harassment has occurred, the employer should take prompt and appropriate corrective action against the discriminating employee, which may include immediate termination.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Employment discrimination laws seek to prevent discrimination by employers. Federal law forbids an employer from discriminating on the grounds of race, color, national origin, sex, veteran status, religion, age, pregnancy, disability or other legally protected group status.

Any such conduct that affects tangible job benefits, that interferes unreasonably with an individual's work performance, or that creates an intimidating, hostile, or offensive working environment is wrongful. Such harassment may include, for example, jokes about another person's protected status, kidding, teasing or practical jokes directed at a person based on his or her protected status. Prohibited conduct also includes: epithets, slurs, negative stereotyping, or intimidating acts that are based on a person's protected status; and may consist of written or graphic material circulated or posted within the workplace that shows hostility toward a person or persons because of their protected status.

Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. Retaliation for invoking a protected right is a cause of action that can stand on its own if proven.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

The relationship between and employer and employee in Texas is generally considered employment at will. This means that the employee may quit at any time and the employer may fire the employee at any time, for any or no reason, except for specific unlawful reasons set forth in state or federal law, or unless prohibited by contract. Most cases of wrongful dismissal come about due to discrimination and are a violation of an individual’s civil rights. This discrimination may take the form of sexual, racial, religious, nationality, and even age discrimination. Discrimination cases can be difficult to prove because there is usually not any physical evidence proving that the employee was fired for an illegal reason. Thus, it is often the employee’s word against the employer’s word.

It is also wrong to terminate an employee in retaliation for complaining about unlawful discrimination, for filing a workers’ compensation claim, or refusal to commit an illegal act. Wrongful dismissal due to personality clashes or disputes over job performance do not usually provide a valid basis for a wrongful termination claim.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Under federal law, if you work more than 40 hours in a work week, you must be PAID for your overtime at time-and-a-half. This applies to all non-exempt employees in all states. As soon as you cross the 'more than 40 hours in a week' threshold, you're entitled to overtime pay.
The federal minimum wage for covered, nonexempt employees is $5.15 per hour. The federal minimum wage provisions are contained in the Fair Labors Standard Act. Many states also have minimum wage laws. In cases where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

An employment contract is a legal binding document signed by an employee and an employer. These type of contracts bind the employee to specific obligations. It may specify the services the employee must provide, the length of employment, the reasons for which an employee may be terminated, and the other rights and obligations of the employer and employee. Many times, these agreements also include confidentiality and non-compete agreements. Such agreements can limit your ability to work for other employers even after you no longer work for your current employer. Therefore, it is very important that you understand your rights and obligations before signing any employment contract.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

If you’ve been involved in a dispute with an insurance company, you should immediately contact an attorney to discuss your options and legal rights. Disputes with insurance companies come in all forms: including auto accident claims, property claims, slip and fall claims, worker's compensation claims and many more. You may question whether the insurance adjuster is being fair to you. One thing you must realize is that insurance adjusters represent the best interest of their company and their goal is to hold down the amount of money paid out on claims. Because the insurance company’s goal is not necessarily to fairly compensate you for your loss, you should consult your attorney to protect your rights and make sure that the insurance company properly evaluates your damages.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Automobile Insurance is generally intended to pay for damage you cause to another person or another person’s car while using your car, but only up to the dollar amount of liability coverage you purchased. Without automobile liability insurance, or if the damages you cause exceed the policy limits, your personal assets could be at risk. Automobile insurance also pays for the cost of your defense if you are sued based on the operation of your vehicle. Defending this type of lawsuit can be very expensive, even if you are found not to be legally responsible for any damages caused. You may also purchase automobile insurance to pay for the repair or replacement of your car if it is damaged due to an accident or from other causes such as storm damage and theft.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Uninsured motorist coverage generally pays you if you’ve been the victim of a hit and run or in an automobile accident where the responsible person does not have insurance. However, Uninsured motorist insurance usually requires that there be physical damage to your vehicle before it pays for injuries you receive in a hit and run incident. These policies may also require that other conditions be met, such as the timely filing of a police report and filing a proof of loss form. So it is important that you notify your attorney or insurance company immediately if you have been involved in an automobile accident.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Homeowners Insurance generally provides coverage for damages to your home due to things like natural disasters such as fire and wind. It may also provide coverage for a wide variety of other things such as burglary or lawsuits by people injured in your home. You must read your policy thoroughly to be clear on what is and what is not covered.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.

Life Insurance generally provides a certain amount of money to the named beneficiaries in the event of the insured’s death. There are many different types of life insurance policies, so it’s important to discuss your specific needs with an insurance agent to make sure you get a policy that fits you and your families’ needs.

If you have additional questions and would like to contact the Law Firm of Payne, Watson, Miller, Malechek & Scherr, you can call us at (979)776-9800 or send us an e-mail message by going to the "Contact Us"link on this page.