Check out the latest edition of our newsletter!
THE BRASHER
BULLETIN
January 2024
Beaumont Office (Main Office) 1122 Orleans St. Beaumont, TX 77701 (409) 832-3737 New Orleans Office 1555 Poydras Street, Suite 1600 New Orleans, LA 70112 (504) 527-8291 Lake Charles Office 2201 Oak Park Blvd, Lake Charles, LA 70601 (337) 284-9998 Houston Office 1415 North Loop West, Suite 1000 Houston, TX 77008 (713) 714-5014
THE FIGHT FOR FAIR COMPENSATION FROM INSURANCE COMPANIES Setting Precedents at the Texas Supreme Court and US Fifth Circuit Court of Appeals It would be impossible to start 2024 without looking back at what an amazing 2023 our firm had. him to trial to testify that he did not see any of these damages before the hurricane that Church Mutual claimed were preexisting.
through the litigation process. If either the homeowner or insurance company requests an appraisal and suddenly gets an award significantly more than the initial payment or determination, who pays the incurred attorney fees? If the insurance companies had their way, they should not be responsible for paying attorney’s fees after an appraisal award is entered and paid. Yet, this leads to an absurd and unjust result. As a result, our firm filed an amicus brief supporting homeowners with the Texas Supreme Court on this exact issue. It was important for the firm to work on this brief and file it as it has a direct impact on the exact type of cases we do and because we firmly believe that justice needs to prevail. We will never get paid for the work put into this amicus brief, but we’re so passionate about this area of law that we felt it was necessary to do so. It’s important for our clients to know that when we take on their case, we will take it all the way and are not scared of a fight, whether that’s at trial or at the appellate level. We hope to see the fruits of our labor in 2024, and we honestly can’t wait to share all the victories and life- changing wins we’re sure to have in 2024. Happy New Year, and we hope to bring good news your way very soon on these two cases!
Recently, Nishi had the opportunity to defend a Hurricane Laura verdict at the U.S. Fifth Circuit Court of Appeals in New Orleans. It was in August of 2020 when a Dry Creek, Louisiana, church first filed an insurance claim after Hurricane Laura, the first Category 4 hurricane to strike the state of Louisiana. Our client, the Sugartown United Pentecostal Church, underwent severe property damage — structural damage to the brick, significant internal water damage in almost every room, the roof damaged by hurricane winds, and its HVAC unit pushed off the slab. Its insurance company, Church Mutual, only paid $4,138 after its first inspection in September 2020. The actual cost of their repairs added up to about $220,000. Clearly, its insurance company wasn’t playing fair. Church Mutual told Sugartown that it believed the damages were not from this Category 4 hurricane but rather due to construction defect issues,
After working up the case, we tried the case in a federal court in Lake Charles in August 2022. After four days of trial, the jury returned a verdict of $223,000 in additional damages owed to Sugartown and found that the insurance company acted in bad faith, which subjected it to a 50% penalty on the claim plus our full attorney’s fees and costs. This ended up in a judgment of about $502,000. Yet, despite receiving that judgment in early September 2022, to date, Church Mutual has not paid a single dime over its initial $4,138. Eventually, Church Mutual appealed this case to the U.S. Fifth Circuit Court of Appeals. In early December 2023, Nishi had the opportunity to defend our verdict in front of a three-judge panel at the Fifth Circuit. Mind you — we don’t get paid until our client gets paid. This was an important case, as it is the first Hurricane Laura and/or Delta case to be heard by the Fifth Circuit and will set an important precedent with these cases. We’re not just setting precedent in Louisiana but also here in our backyard in Texas. When a homeowner files a property damage claim and tries to do it on their own, they usually only receive a few thousand dollars. Then they go to an attorney who files suit and goes
Dallas Office 6160 Warren Pkw Suite 100 Frisco, TX 75034 (985) 261-2880
wear and tear, or some other excuse. In order to win at trial, our team put together a team of four different experts — an engineer, an adjuster, a water damage consultant, and a claims handling expert — and brought all four to trial. We also found the bank appraiser who did the inspection seven months prior and brought
–Clint Brasher & Nishi Kothari
(409) 832-3737 || 1
LIGHTS, CAMERA, ACTION!
Innovative Family Movie Night Ideas Family movie nights are a cherished tradition in many households, offering a chance to bond over cinematic adventures and entertainment. While the classic movie night with popcorn and your go- to films is always enjoyable, why not shake things up with creative and unique ideas to make these evenings even more memorable? Here are some imaginative ways to enhance your family movie night experience. OUTDOOR MOVIE NIGHT Take your movie night under the stars by setting up an outdoor screening. All you need is a projector, a white sheet or screen, and comfy outdoor seating. Enjoy the fresh air, watch the stars above, and immerse yourself in the magic of outdoor cinema. THEMED MOVIE NIGHT Select a theme for your movie night. It could be based on a film genre, a specific actor, or a series. For example, a “Harry Potter” theme could include all the movies from the series along with themed snacks and decorations. CLASSIC FILM NIGHT Introduce your children (or spouse) to classic childhood hits or rediscover them together as a family. From “The Wizard of Oz” to “E.T.,” these movies offer timeless entertainment for everyone. COSTUME MOVIE NIGHT Encourage your family to dress up as characters from the movie on deck for the night. It adds a layer of fun and immersion to your film- watching experience. MOVIE BINGO Create bingo cards with scenes, quotes, or characters from the film you’re about to watch. As you watch the movie, mark off the items on your bingo card as you see them. The first person to get bingo wins a prize. MOVIE TRIVIA NIGHT After watching the movie, have a trivia game based on the movie you just watched. Whoever answers the most questions correctly gets to choose the next movie! With these creative ideas, your family movie nights will become even more special. Whether you’re enjoying the great outdoors, dressing up as your favorite characters, or challenging each other to movie trivia, these memorable experiences will bring your family closer together while creating lasting memories.
We’re Ready to Continue Fighting for Our Communities Looking back at all 2023 had to offer, we can’t ignore everything planned for 2024. We still have people to help and cases to fight for, so we’re looking to expand our Houston office and surrounding area. We also have an upcoming trial in February 2024 we’re excited about. Our client was taking the Galveston ferry boat to Port Arthur. She had taken this ferry thousands of times before. After it was safe to do so, she exited her vehicle and went to take in the scenery and the dolphins. She was standing in a populated area where people were permitted to stand. There was not a single sign that said she couldn’t stand there. Suddenly, she slipped and fell, which caused multiple back and neck injuries and a collapsed disc in her spine; she required surgery. This kind of accident puts your entire life on hold, and we’re working hard to ensure she receives the justice she deserves. We’ll face the Texas Department of Transportation in February 2024 and are actively preparing this case for trial and have no fear of standing up for our client and what she’s been through. We have multiple cases we’ll be working diligently on in 2024, some involving bad faith insurance and others where the opposing side simply refuses to offer any decent compensation despite their negligence. This is precisely what we love doing: Fighting for the underdogs and helping them triumph over big businesses and corporations. Of course, we do more than just storm damage. We also work with people who have lost their homes to unexpected fires, those who have been wrongfully denied life insurance, and victims of car wrecks. As we continue supporting more clients, we also need to expand our offices! Our Houston office will grow in 2024, and we’re thrilled to start helping more people in a larger work area. We currently have offices in Beaumont, Houston, Lake Charles, and New Orleans and are excited to continue to grow in 2024 and beyond! For anyone needing to speak with an attorney in the coming year, finding the right person for your case is essential. Be sure to ask, “Have you handled this kind of case before? How many? Have you tried these kinds of cases before in court?” We work on these types of cases every day and have certainly gone to the courtroom for them. If you or someone you know ever needs help, call our team for a free consultation. We’d be happy to look at your case and find the best options for you. A LOOK INTO 2024 AND THE CASES WE CHAMPION
2 || brasherattorney.com
ICY ROADS AHEAD! How to Safeguard Your Commute on Slippery Roads
Navigating icy roads demands heightened attention and increased safety measures to ensure your commute is accident-free. As winter weather transforms streets into slippery surfaces, it’s crucial to adopt safe driving practices that prioritize your safety
cause skidding and loss of control. If you do end up skidding, steer into the skid to regain control. Avoid overreacting, and resist the urge to slam on the brakes. WHAT TO DO IF YOU GET INTO A WRECK? Despite precautions, accidents can happen. If you find yourself in a collision on icy roads, follow these steps: • Stay Calm: Take a deep breath and try to remain calm. Panicking can hinder your ability to assess the situation. • Check for Injuries: Assess yourself and others involved for injuries. Call for medical assistance if necessary. • Move to a Safe Location: If possible, move vehicles to the side of the road to avoid additional accidents. Turn on hazard lights to alert other drivers. • Exchange Information: Exchange contact and insurance information with the other party involved. Document the scene with photos if you can do so safely. • Contact Authorities: If there are injuries, significant damage, or disputes, contact law enforcement to file a report. • Notify Your Insurance Company: Report the accident to your insurance company promptly, providing them with accurate details. If you find yourself in an accident, you should also contact an attorney to better understand your situation. You can contact our team, and we’ll help you learn what next steps you need to take to protect your case.
and that of others sharing the road. SAFE DRIVING TIPS ON ICY ROADS
BREAK TAKE A Next, ensure you’re using your winter tires. These tires enhance your vehicle’s grip and responsiveness. As for lights, keep your headlights on, even during daylight hours, to enhance visibility. This helps other drivers spot your vehicle, reducing the risk of collisions. Lastly, it’s important to avoid any abrupt movements. Sudden acceleration, braking, or sharp turns can During winter, the best thing you can do for yourself and others is to slow down well below the posted speed limit. Maintaining a slower pace allows you more time to react to unexpected situations. Additionally, increase your following distance. It takes longer to stop in icy conditions, and having ample space helps prevent rear-end collisions.
Baked Salmon With Garlic and Lemon
Prepare to tantalize your taste buds with a zesty dish that combines salmon with the vibrant flavors of garlic and lemon!
Ingredients: • 2 lbs salmon fillets • 4 cloves garlic, minced • Juice of 2 lemons • 2 tbsp olive oil
• 1 tsp dried oregano • 1 tsp dried thyme • Salt and pepper, to taste
Directions: 1.
Preheat oven to 375 F. 2. Line a baking dish with parchment paper. Place the salmon fillets on the baking dish. 3. In a small bowl, mix together the garlic, lemon juice, olive oil, oregano, thyme, salt, and pepper. Pour the mixture over the salmon. 4. Bake for 15–20 minutes or until the salmon is cooked through. Serve and enjoy!
Boots Candles Carnation Furnace
Garnet Hockey Insulate Janus
Opposite Resolution
Skating Sweater
(409) 832-3737 || 3
PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
1122 Orleans St. Beaumont, TX, 77701 (409) 832-3737 brasherattorney.com
ISSUE IN THIS
1.
A Recap of Our Biggest Achievements in 2023
2.
How to Elevate Your Family’s Movie Nights
Big Plans, Bigger Offices, and New Cases for 2024 Essential Tips for Safe Driving in Icy Conditions
3.
Baked Salmon With Garlic and Lemon
4.
Meet Kupata, Georgia’s Street- Roaming Pup Hero
KUPATA’S ROAD TO FAME The Stray Dog Who Captured the World’s Heart
We often think dogs live the good life, as they seem to do nothing but play, eat, and sleep. Yet, some dogs are busy at work, some without being asked to do so! Take Kupata, the stray dog in Georgia, for example. This street- roaming pup takes it upon himself to guard a crosswalk all day, every day . In the town of Batumi, this stray stays by a single crosswalk and forces traffic to stop to allow pedestrians to cross the street. He’s especially protective of children! If Kupata sees a car isn’t slowing down, he’ll bark at the driver as they drive away and run to protect the person crossing the street. One local even shared that Kupata will cross the road with children and stay at the park to protect the youngsters. Kupata, which in English means “sausage,” has become a staple in the community due to his hard work, and locals all pitch in to care for and
feed the stray dog. His consistently round belly shows just how loved he is. You’ll even see a massive painting of the beloved animal on a nearby building. Now, after tireless days of guarding his street, Kupata has his own doghouse provided by the city with an accompanying star on the road with his name on it. Kupata’s dedication made him go viral on social media, and now travelers from all over the world come to see Kupata. Don’t distract him, though. He’s busy at work! Sadly, even though Kupata remains cherished by his community, thousands of stray dogs in the country need shelter, food, and companionship. According to activists, around 500,000 stray dogs and cats roam the streets of Georgia. While stray animals may get a bad reputation for being dangerous or unfriendly, Kupata proves that even these furry friends deserve love and recognition.
4 || brasherattorney.com
Published by Newsletter Pro • www.NewsletterPro.com
Page 1 Page 2 Page 3 Page 4Made with FlippingBook Ebook Creator