Burgess Law Firm, PLLC Burgess Law Firm, PLLC 2026-09-18T16:37:37Z https://www.markburgesslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104904/2024/01/cropped-Burgess-Law-site-icon-new-32x32.png On Behalf of Burgess Law Firm, PLLC <![CDATA[How do mediation and arbitration differ in Texas?]]> https://www.markburgesslaw.com/?p=52707 2026-09-18T16:37:37Z 2026-09-18T16:37:13Z Who decides the result? In mediation, the mediator helps you discuss the problem and work toward terms both sides can accept. The mediator does not decide who wins. You decide whether to accept a settlement. That approach often gives you more control over the result. For example, you may use mediation to work through a contract dispute or an employment-related claim when both sides still have room to negotiate. Arbitration gives the neutral person more authority. You present evidence and explain your position, then the arbitrator decides the issues presented. Texas dispute resolution law also lets you agree in advance that the arbitrator’s award will bind both sides. Arbitration may also apply to disputes involving trade secrets or business real estate.

Why resolve a dispute outside court?

Mediation or arbitration may take less time and cost less than a full lawsuit. You can also avoid much of the formal court process and often have more flexibility when setting dates. Privacy is another possible benefit. Texas law generally protects communications and records from certain mediation sessions, with some exceptions. Arbitration happens outside a public courtroom, but your agreement or the rules that govern the case usually set the privacy terms.

Choosing a practical path

You may want to start by checking your contract for terms about mediation or arbitration. It also helps to gather the records tied to the dispute and note which issues you are willing to settle. These details can help you compare your options and decide which process makes more sense for your civil dispute.]]> On Behalf of Burgess Law Firm, PLLC <![CDATA[3 common causes of probate litigation in Texas]]> https://www.markburgesslaw.com/?p=52692 2026-08-27T17:11:28Z 2026-08-27T17:11:28Z Will contests One common cause of probate litigation in Texas is a will contest. This occurs when someone challenges the validity of a decedent’s will. These disputes often happen when a family member believes the will does not align with the decedent’s true intentions. A will may be challenged if there is proof of:
  • Lack of testamentary capacity
  • Undue influence
  • Forgery or fraud
For example, if a person signed a will while suffering from memory loss, their family may argue that the court should not enforce the document. Because probate courts take these claims seriously, will contests can lead to lengthy litigation.

Disputes over asset distribution

These issues arise when the will’s terms lack clarity or when children from different marriages or other beneficiaries have competing interpretations of the estate plan. Disagreements may also develop if ownership documents are not consistent with the will. When that happens, the court may need to determine what property belongs to the estate and how it should be distributed to the heirs.

Executor misconduct

Another cause of probate litigation involves disputes over the actions of the will’s executor. In Texas, executors have a legal duty to act in the best interests of the estate. This includes gathering assets, paying debts and distributing property according to the will. Litigation may arise if an interested party believes the executor has mismanaged estate assets or delayed administration without cause. Beneficiaries can ask a court to remove an executor or make them financially liable for estate losses if they suspect a breach of fiduciary duty.

When it is time to take a dispute to court

Probate litigation is not always avoidable. If there are signs of fraud, executor misconduct or disagreement among heirs, it may be the only way to protect an estate’s assets and ensure a fair outcome. Because Texas probate law can be complex, anyone involved in a dispute should consult a lawyer as soon as possible. With their guidance, they can help family members determine whether a claim is valid, what deadlines apply and what legal measures can safeguard their rights.]]> On Behalf of Burgess Law Firm, PLLC <![CDATA[When can a business dispute move from mediation to trial?]]> https://www.markburgesslaw.com/?p=52582 2026-07-28T06:50:19Z 2026-07-28T06:50:19Z Why does mediation end without a settlement? Mediation succeeds only when both sides agree on terms, and the mediator cannot force either party to accept a proposed resolution. An impasse often develops over liability, the amount of damages, the interpretation of a contract provision or future obligations between the businesses. If no agreement emerges, the underlying claims and defenses remain unresolved. A pending lawsuit then continues through any remaining discovery, motions and pretrial steps, although both sides can still negotiate while the case advances toward trial.

What must happen before a trial is scheduled?

A contract may call for another form of dispute resolution or additional negotiations before litigation can continue, so those terms can affect whether the disagreement reaches trial at all. If the provision is enforceable, the court may pause the lawsuit until the parties complete that step. Once the case proceeds, a scheduling order can set deadlines for discovery, motions and other required steps, along with a court date. The judge may also refer the parties to another settlement procedure while evidence gathering is still underway.

How does the trial progress?

At court, each side begins with an opening statement outlining its position and what it expects to prove. The party carrying the burden then presents witnesses and exhibits, which may include expert testimony on damages, causation or industry standards, while opposing counsel can cross-examine those witnesses. After both sides finish presenting their cases, the court provides instructions on the governing law and the lawyers make closing arguments. Jurors then deliberate and return a verdict; without a jury, the judge resolves the disputed issues and enters a judgment.

When does going to trial make business sense?

A trial can bring a favorable judgment, but preparing and presenting a case is often costly, so you should weigh those expenses against the amount at stake and the possible outcome. Litigation can also consume staff time and draw attention away from daily operations, making the practical effect on your business another factor to consider. The strength of your evidence also shapes that assessment, because clear documents and credible witnesses can support your position while disputed facts create greater uncertainty. Your attorney can assess those strengths and risks alongside any remaining opportunity to settle, helping you decide whether proceeding to court makes practical and financial sense.]]> On Behalf of Burgess Law Firm, PLLC <![CDATA[Why you need an official police report after a car accident]]> https://www.markburgesslaw.com/?p=52577 2026-07-20T01:22:39Z 2026-07-20T01:22:39Z A car crash can turn your day upside down in seconds. Once you check for injuries and move to safety, you need to call the police. That report you get afterward can protect your rights and strengthen any claim you file later.

Documenting the scene

When an officer arrives at the scene, they gather facts you might miss in the chaos. They record names, contact details and insurance information for everyone involved. They note weather conditions, road hazards and vehicle damage. They often include a diagram of how the crash happened. This document becomes an unbiased account of the accident and insurance companies and courts take it seriously.

Following Texas law

If a crash leaves someone hurt, takes a life or racks up $1,000 or more in property damage, Texas law requires drivers to report it. If law enforcement officers do not respond to the scene, you cannot file a driver's crash report through the Texas Department of Transportation (TxDOT). The agency no longer accepts or retains driver-submitted reports. Instead, you should exchange information with the other driver and fill out a personal crash log or retain a copy of a driver's report for your own insurance records.   Either way, get that report on record. Skipping this step can hurt you later if the other driver disputes what happened.

Strengthening your claim

If you need to sue after an accident, the police report gives your case a solid foundation. It captures details while they're still fresh, before memories fade or stories change. Insurance adjusters rely heavily on these reports when they decide fault and payouts. If your case goes to trial, your attorney can use the report to support your version of events and challenge inconsistencies from the other driver.

Protecting yourself early

Never assume a minor fender-bender doesn't need documentation. Injuries sometimes show up days later, and vehicle damage often costs more to fix than it first appears. A police report creates a paper trail that protects you if the situation escalates.

Final thoughts

Getting a police report isn't just a formality after a Texas car accident. It gives you evidence, protects your legal rights and builds the groundwork for a strong claim if you ever need to pursue legal action.]]> On Behalf of Burgess Law Firm, PLLC <![CDATA[How trade secrets get stolen and what Texas businesses can do]]> https://www.markburgesslaw.com/?p=52575 2026-07-02T17:31:37Z 2026-07-02T17:31:37Z Your customer lists, formulas and pricing strategies may be the most valuable assets your company owns. When a departing employee or competitor takes that information, the damage can spread fast. Knowing how theft happens and what Texas law offers can help you respond with confidence.

How trade secrets get taken

Most trade secret theft does not come from distant hackers. It often starts with people who already have access to your information. Common ways trade secrets leave a business include:
  • Departing employees: A worker may copy client lists or files before joining a competitor.
  • Data scraping: Automated tools can extract pricing databases or other proprietary content from your systems.
  • Third-party misuse: Vendors, contractors or investors might share information beyond what an agreement allows.
  • Physical theft: Prototypes, blueprints and printed documents can walk out the door.
Each route leaves different evidence, so your response may depend on how the theft occurred.

What Texas law offers

The Texas Uniform Trade Secrets Act gives businesses a civil remedy for misappropriation. Courts can issue injunctions that stop a person or company from using stolen information. You may also recover actual damages and compensation for unjust enrichment. Willful theft could support exemplary damages and attorney fees. Trade secret theft can also be a crime under state and federal statutes, including Texas Penal Code § 31.05. This matters because the law only protects information you actively protect. Courts may refuse to treat data as a trade secret if you took no reasonable steps to guard it.

Steps that strengthen your position

Restrict access to sensitive files on a need-to-know basis. Require employees, vendors and partners to sign non-disclosure agreements. Watch for red flags during employee departures, such as mass downloads or unusual printing. These measures can deter theft and prove your secrecy efforts in court.

Keeping your competitive edge secure

Trade secrets often disappear through employees, third parties or scraping and Texas law offers injunctions and damages when they do. Your own security measures can decide whether courts will protect you at all.  A business litigation attorney can review your safeguards before problems arise. If a dispute becomes contested or crosses state lines, legal guidance may help you weigh your options.]]> On Behalf of Burgess Law Firm, PLLC <![CDATA[3 common amputation complications due to motorcycle accidents]]> https://www.markburgesslaw.com/?p=52568 2026-06-26T15:58:00Z 2026-06-08T07:52:28Z Residual limb neuromas Severed nerves attempt to heal after a surgical amputation. Sometimes, these tiny nerve endings misfire and form a highly sensitive, tangled ball of tissue called a neuroma. This growth creates severe electric shock feelings upon the slightest touch. A neuroma makes the use of prosthetic devices painful and may require a second surgery to fix.

Chronic phantom limb pain

Amputation triggers a cruel nerve issue known as phantom limb pain. This happens when the brain continues to send painful signals to nerves that no longer exist. This condition requires intense pain care, specialized physical therapy and expensive nerve-blocking medications.

Deep tissue infection

In addition, motorcycle wrecks can force road dirt, oil and germs deep into torn muscle tissue. This dirt creates a massive risk for bone infections or local tissue necrosis. Doctors must closely watch the wound site for months. If these infections resist strong medications, surgeons must perform a revision surgery at a higher level on the remaining limb.

Evidence to prove a claim

To prove an injury claim, it is essential to present solid evidence of the crash, the loss of the limb and its consequences. Accident scene photos and police reports can show who is at fault for the wreck. Additionally, certified medical charts can verify the trauma of the amputation. Meanwhile, specialists can confirm the need for long-term life care plans, which map out the future costs of prosthetics, home renovations and ongoing medical needs.

Pursuing full and fair compensation

The loss of a limb due to a motorcycle accident fundamentally alters a person's career and well-being. Following an amputation, the process of safeguarding financial security can be difficult during physical rehabilitation. With legal guidance, amputees may fight for their rights as they pursue full and fair compensation from negligent parties.]]> On Behalf of Burgess Law Firm, PLLC <![CDATA[Do I need medical treatment after a fender bender?]]> https://www.markburgesslaw.com/?p=52564 2026-05-21T17:08:35Z 2026-05-21T17:07:09Z fender bender seems minor. The metal crunches, the glass may shatter and your body absorbs the force. Many drivers dismiss these low-speed collisions and assume they are fine. This assumption carries risk. Impact forces travel through the vehicle frame and strike the human body. This can result in injuries that become more apparent after the shock of the accident wears off. Low-speed crashes are often dismissed as “just a fender bender.” In reality, collisions at 5 to 15 mph can still generate significant force. Modern bumpers protect vehicles, not the bodies of those within the vehicle, and even a minor jolt can trigger painful injuries, time away from work and unexpected medical bills. Understanding why these accidents happen, what injuries look like and who is responsible for the cost can help you protect your health and your rights.

Common causes of “low-speed” accidents

Low-speed accidents frequently occur in everyday settings where drivers feel the least threatened. Distractions and tight spaces can turn a routine maneuver into a costly impact. Common scenarios often include:
  • Stop-and-go traffic rear-end collisions  
  • Parking lot backing accidents and door-zone conflicts  
  • Left turns at intersections where speed is low but angles are harsh  
  • Sudden braking due to tailgating or distracted driving  
  • Low-visibility conditions like rain, glare, dusk and crowded lots
Even when vehicle damage appears minor, the human body may absorb more energy than you would expect, especially if your head strikes any object during the accident or your head and neck snap forward and back.

Common injuries after “low-speed” accidents and estimated cost of treatment

Injuries from low-speed crashes often involve soft tissues, joints and the spine. It can take time to notice symptoms, which is why medical documentation matters. Below are common injuries and broad cost ranges, which vary by location, insurance rates and severity.
  • Whiplash and soft-tissue strain: Costs include evaluation, imaging and therapy  
  • Concussion or mild traumatic brain injury: Costs vary depending on severity but can include imaging and follow-up care  
  • Herniated or bulging discs: Costs often include injections, therapy or surgery in more serious cases  
  • Shoulder or knee sprains and tears: Costs include MRI, rehabilitation and surgical needs  
  • Wrist, rib or facial fractures: May include specialist treatment
This illustrates a key point: “low-speed” does not mean “low-impact” on your body or your finances.

Determining who is responsible for covering the cost that result from the accident

Responsibility for medical bills and other losses depends on fault rules in your state, insurance coverage and evidence. In many cases, the at-fault driver’s liability insurance is intended to cover medical expenses, lost wages and pain and suffering. To determine who pays, insurers and attorneys evaluate police reports, vehicle damage, medical records, witness statements and sometimes crash data. Some states reduce recovery if you share fault. If insurance does not fully cover the harm, a personal injury claim or lawsuit may be necessary to pursue remaining damages. Low-speed accidents can be medically serious and financially disruptive. If you are hurt, seek prompt medical care, document symptoms and preserve evidence so coverage decisions reflect the true impact of the crash.]]> On Behalf of Burgess Law Firm, PLLC <![CDATA[Proving that a third party was to blame for a construction incident]]> https://www.markburgesslaw.com/?p=52562 2026-05-13T23:53:57Z 2026-05-13T23:53:57Z A thorough review can identify issues Performing a forensic review of a major construction site incident is common practice, especially when workers or members of the public sustain injuries because of an incident. A forensic analysis may include a thorough review of the actual building, as well as the design for the edifice. The process may involve a review of construction site practices and also chemical testing of the materials used at the job site. The goal is to identify non-conforming elements of the project that can explain what went wrong. Once the underlying cause is clear, the workers involved can take steps to request compensation from the right party. They may be able to take legal action against an outside business for poor-quality work, improper equipment maintenance or other forms of negligence that contributed to their serious injuries. Issues ranging from how employees from other companies handled materials to oversights in the design process could explain why something went wrong and workers got hurt. The result of a forensic construction site incident analysis can both guide future safety practices and provide the basis for a compensation request. Construction professionals hurt due to a major workplace incident may have the right to request compensation for their injuries and lost wages. Reviewing a forensic report regarding an on-the-job incident with a personal injury lawyer can help those with catastrophic work-related injuries understand their options for recovering their losses.]]> On Behalf of Burgess Law Firm, PLLC <![CDATA[Seeking fair compensation for degloving injuries]]> https://www.markburgesslaw.com/?p=52560 2026-04-16T15:06:50Z 2026-04-16T15:06:50Z Degloving injuries can be genuinely horrific. These injuries occur when layers of skin and tissue are torn away from underlying structures, often as a result of car crashes, workplace accidents or machinery malfunctions. While the physical damage is immediate and visible, the long-term financial impact of such injuries can be challenging. The medical treatment required for degloving injuries is extensive. Victims generally need emergency surgery, skin grafts, reconstructive procedures and ongoing wound care. In many cases, recovery involves months or even years of treatment. Beyond direct medical bills, these injuries often interfere with a person’s ability to work. Some individuals are unable to return to their previous jobs due to physical limitations, chronic pain or reduced mobility. Others may need to take extended time off or transition to lower-paying roles. Lost wages, diminished earning capacity and interrupted career paths can impact both an injured adult and anyone who depended upon them for financial support before the injuries at issue. 

Beyond medical bills and employment concerns 

Degloving injuries can also lead to additional expenses that are easy to overlook in the immediate aftermath of sustaining trauma. Home modifications, assistive devices, transportation needs and ongoing personal care may become necessary. So may care for related psychological trauma, additional child or dependent care expenses for services originally provided by the patient, etc. These challenges can ripple outward, affecting family finances and daily life in ways that are not always immediately obvious after an initial injury occurs. When seeking compensation, it is important to account for the full scope of these losses. A claim should not be limited to immediate medical expenses but should also address future treatment needs, lost earning potential and the broader impact on quality of life. Pain and suffering, as well as emotional distress, are also important considerations, given the potentially profound and lasting effects of these injuries. Insurance companies may attempt to resolve claims quickly, often before the full extent of an injury and its consequences are understood. Accepting an early settlement can leave injured individuals without the resources they need for ongoing care and recovery. Taking the time to fully evaluate the injury and its long-term implications with the assistance of a skilled legal team is, therefore, generally necessary in such cases. ]]> On Behalf of Burgess Law Firm, PLLC <![CDATA[How arbitration and mediation can reduce Texas business disputes?]]> https://www.markburgesslaw.com/?p=52527 2026-03-25T10:22:47Z 2026-03-25T10:18:42Z Running a business in Texas often means juggling contracts, partners and clients. Sometimes disagreements come up and taking every issue to court can drain time and money you could spend growing your business. Many business owners turn to alternatives like arbitration and mediation. These options can help settle conflicts quietly and efficiently without the stress of a full trial.

Understanding the differences

Arbitration and mediation are both ways to resolve disputes outside of court, also called Alternative Dispute Resolution or ADR. They work differently:
  • Mediation: A third-party mediator helps both sides talk through their concerns and explore solutions. You and the other party usually decide together what the outcome should be.
  • Arbitration: An unbiased arbitrator listens to both sides and makes a decision. In many Texas contracts, the arbitrator’s decision can carry the same weight as a judge’s ruling.
Both methods give a clear ADR structure and process to settle disputes while keeping the process private and focused on finding solutions.

Saving time and money

Going to trial can take months or even years, which can pull your attention away from running your business. Arbitration and mediation often finish faster, helping you save time and reduce costs. This allows you to focus on your work instead of court deadlines.

Keeping things private and professional

Arbitration and mediation also have other advantages:
  • Lower costs: Legal and administrative fees usually run lower than full trials.
  • More privacy: Sessions stay private, and confidentiality agreements protect sensitive business information.
  • Flexible scheduling: Meetings often fit around your work schedule instead of waiting for court dates.
  • Better relationships: Less confrontation helps keep professional relationships intact, which can matter for future partnerships or deals.
These benefits can help you manage disputes more efficiently while protecting your time, money and professional relationships.

A practical way forward

Arbitration and mediation may not work for every dispute, but they often provide a practical way to handle business conflicts while keeping costs and interruptions low. Considering these options could help protect your time, money and relationships, keeping your business moving even when disagreements happen.]]>