Tips for Filling Out Commerical Water Damage Claims

People passing by floody street 

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Respected litigator Anastacio ‘Trae’ Mindiola founded the Mindiola Law Firm in 2011. As an attorney at law, Anastacio Mindiola handles disputes involving denied or undervalued insurance claims for water damage to commercial properties. 

Business owners take out water damage policies to protect themselves against costly repairs and income loss. Even after years of making faithful premium payments, business owners can still be denied claims. In addition to working with a qualified insurance claims attorney, policyholders should consider the following precautions. 

Mitigate Damage - Once the source of the water damage has been identified, business owners must take all necessary steps to prevent the damage from spreading. However, owners must strike a balance between preventing further damage and incurring repair costs that may or may not be reimbursed. 

Document the Damage - It is crucial to collect as much evidence as possible to substantiate the claim. Policyholders should refrain from throwing out water-logged items and take photos and videos of the damaged area. 

Hire Professionals - Filing a claim and repairing water damage requires the input of several professionals, including plumbers, restoration specialists, and public adjusters. While some insurance companies may encourage policyholders to use their vendors, business owners are better off contracting with independent professionals.

Filing a Grievance with the State Bar of Texas

Anastacio Trae Mindiola is a graduate of the South Texas College of Law and a member of the State Bar of Texas. For the last eight years, Anastacio Mindiola has managed his Houston practice while overseeing several unique civil lawsuits.

Any individual who has had a negative experience with an attorney affiliated with the State Bar of Texas can visit www.texasbar.com and begin filing an official grievance. With a few exceptions, grievances must be filed within four years of the incident in question. A person does not need to have been a client of an attorney at any point to file a grievance. Rather, any individual with knowledge of unethical behavior is encouraged to elevate standards of the state’s legal service by filing a complaint.

Grievances can be filed online or by mail. All grievances are reviewed by the Chief Disciplinary Counsel and responded to within 30 days of filing. Following the classification stage, a complaint is either filed as an “inquiry,” and subsequently dismissed, or as a “complaint,” in which case the grievance is more thoroughly investigated over a series of additional stages. Inquiries can be appealed through the Board of Disciplinary Appeals (BODA) or by amending the initial complaint, though amendments must contain new, pertinent information.

The Three Main Types of Product Defects

For more than seven years, Anastacio Mindiola has been working as an attorney at his own practice in Houston, Texas. Anastacio “Trae” Mindiola represents clients involved in civil cases such as mass torts, insurance claims, and product liability claims.

In product liability claims, design defects, manufacturing defects, or marketing defects may be deemed liable by courts for injuries. A design defect is a mistake in a product's design that makes the product inherently dangerous. For example, top-heavy cars that have a high risk of tipping over are defectively designed. 

All products with design defects are dangerous to consumers even if the products are perfectly made by the manufacturers. In the event of a design defect, the engineers and designers are generally held liable for resulting injuries.

Products that are designed safely but manufactured incorrectly are said to have a manufacturing defect. Manufacturing defects, which are introduced when the product is being made, do not apply to an entire product line. 

To make a manufacturing injury claim, the injury must be caused by a manufacturing defect that made the product reasonably unsafe. Product manufacturers are liable for manufacturing defects.

Marketing defects apply to incorrectly labeled products. This includes problems with the instructions and with product warnings written to protect consumers from a possibly unsafe aspect of the product. Distributors, manufacturers, and retailers may be held liable for marketing defects since they all are responsible for the proper labeling of products.

A Brief Biography of Attorney and Federal Judge James DeAnda

Attorney Anastacio (Trae) Mindiola represents clients in civil matters through his Houston law firm. A graduate of the South Texas College of Law, Anastacio Mindiola garnered numerous honors while pursuing his JD, including the Judge James DeAnda Houston Hispanic Bar Association Scholarship.

Born in Houston in 1925, James DeAnda enjoyed a distinguished law career that saw him advance the civil rights of Hispanic people, and later accept a seat on the federal bench. 

To many, he is best known for his work as a young Houston lawyer in the 1950s. During this time, Mr. DeAnda played a leading role in Hernandez v. Texas, a case in which the Supreme Court unanimously ruled Hispanic people have the same constitutional protections under the 14th Amendment as other racial groups.

Mr. DeAnda subsequently served as lead counsel in another landmark case affecting the civil rights of Hispanic people. Decided in 1957, Hernandez v. Driscoll Independent School District culminated in a federal court ordering that the district, which comprised so-called Mexican schools, desegregate.

Continuing his advocacy for Hispanic people into the 1960s, Mr. DeAnda assisted in the formation of the Texas Rural Legal Assistance Organization and the Mexican American Legal Defense Fund. In 1979, he accepted an appointment from President Jimmy Carter to serve as a judge for the Southern District of Texas. Mr. DeAnda became chief judge of the district court in 1988, maintaining this post until his 1992 retirement.

James DeAnda returned to private practice in Houston following the end of his tenure as a judge. A longtime resident of the city, he continued to call Houston home until his death in 2006.

An Overview of Houston's Seven Professional Sports Teams

When not busy advocating for people who have been harmed due to corporate negligence, Houston civil attorney Anastacio “Trae” Mindiola enjoys following sports. The city of Houston offers year-round options for sports fans like Anastacio Mindiola, with no fewer than seven professional teams.

Astros

Formed in 1962, this Major League Baseball club won its first World Series in 2017. Astros fans enjoy a retractable roof at Houston’s Minute Maid Park.

Dash

Local soccer fans can make their way to BBVA Compass Stadium to support the Dash, a team that has competed in the National Women’s Soccer League since 2014.

Dynamo

Also calling BBVA Compass Stadium home, the Dynamo have won two MLS (Major League Soccer) Cup championships and the Lamar Hunt U.S. Open Cup since moving from San Jose, California, in 2005.

Rockets

Recent years have seen star player James Harden consistently guide the Rockets, who play in the downtown Toyota Center, to the National Basketball Association playoffs. The Rockets won the NBA championship in 1994 and 1995.

SaberCats

Formerly the Strikers, the SaberCats have long entertained local rugby fans and since 2018 have competed as a member of Major League Rugby.

Skeeters

Along with the SaberCats, this Atlantic League of Professional Baseball team plays at Constellation Field, a family-friendly outdoor venue in Sugar Land.

Texans

Professional football fans can cheer on the Texans at NRG Stadium, where over the years star players like JJ Watt and Andre Johnson have showcased their talents.

A Brief Introduction to Wage Theft

A Texas-based attorney with 13 years of experience, Anastacio Trae Mindiola has managed operations at his Houston law firm since 2011. In this position Anastacio Mindiola practices in a variety of areas, including wage theft.

Wage theft is a term used to describe situations in which employees receive lower pay than the law requires or that has been contractually agreed upon. One of the most common forms of wage theft in the states of Texas, New York, California, and Pennsylvania in particular involves employers neglecting to pay time-and-a-half wages to employees who have worked more than 40 hours per week. In these states, attorneys may be able to reclaim lost wages extending as far back as six years. Furthermore, employees may be legally entitled to up to double their lost wages.

Other forms of wage theft include failure to issue a final paycheck after an employee is let go or leaves the job, and not paying an employee for the total amount of time worked. Employers paying less than minimum wage can also be charged with wage theft. Failure to pay for services rendered is, of course, the most extreme wage-theft scenario.

An Introduction to the MABA Attorney Mentorship Program

Anastacio “Trae” Mindiola has worked as an attorney in the state of Texas since 2005 and as the leader of his own law firm since 2011. In addition to representing clients in personal injury cases and civil cases against insurance companies, Anastacio Mindiola engages with the local legal community as a member of the State Bar of Texas and the Mexican American Bar Association.

The Mexican American Bar Association (MABA) was established in 1959 with a mission of educating and professionally empowering the Latino community. The organization maintains a number of resources for both practicing attorneys and law students, including an attorney mentorship program. The MABA Attorney Mentorship Program (AMP) allows student members to discuss a range of topics with accomplished MABA attorneys, from effective bar exam study tips to important insights into establishing a legal career following graduation. Student members are typically paired with practicing attorneys who share similar academic interests and professional goals.

Attorney information forms and student information forms can be found online at www.mabaattorneys.com. MABA memberships are free for students.

MABA and CHRCL Partner to Reach Detained Immigrant Children

An experienced attorney working out of his private practice in Houston, Texas, Anastacio Mindiola helps clients in personal injury cases and civil suits against insurance companies. Active in his professional life apart from his daily work, Anastacio “Trae” Mindiola is a member of the Mexican American Bar Association (MABA).

Earlier this year, MABA and the Center for Human Rights & Constitutional Law (CHRCL) rolled out a new initiative to help children who have been separated from their parents and detained under current immigration policy. Working with the CHRCL, children who are being held in California, Arizona, New Mexico, and Texas will have the opportunity to be interviewed by MABA volunteers. 

There is still a need for volunteer lawyers to assist in the effort, with priority given to attorneys who are fluent in Spanish. For more information, visit mabattorneys.com to get access to a Google Document registration form and the Ice Code of Conduct form, which should be sent to MABA Administrator Claudia Perez at mabalaco1957@gmail.com once it has been completed and signed.

Basics of the Texan Stowers Doctrine

South Texas College of Law alumnus Anastacio Mindiola has over a decade of litigation experience and has been a member of the State Bar of Texas since 2005. Anastacio Trae Mindiola operates a private law firm that focuses on insurance law and routinely prosecutes bad faith insurance claims on behalf of his clients.

The Stowers Doctrine is a complex aspect of bad faith insurance law that increases the amount an insurance company can pay if a claim is brought to trial and decided in favor of the plaintiff. In the 1929 G.A. Stowers Furniture Co. v. American Indemnity Co. case, the plaintiff offered to settle within the policy limit of $5,000. The company refused and after the case was tried, American Indeminity Co. was ordered to pay more than double the settlement offer. The plaintiff later sued the insurer for negligence for refusing to take the initial offer and ultimately won after a series of appeals.

Before the aforementioned case was decided by the Texas high court, insurance companies would only be responsible for paying out an amount up to the policy limit. This would disincentivize insurers from settling out of court. Today, the Stowers Doctrine is used by attorneys to convince insurers to pay appropriate claims or risk owing a much larger amount if the claim goes to trial.

Survey Ranks Texas Third in Most Active Lawyers

Concentrating on handling civil lawsuits, Anastacio “Trae” Mindiola has served as a practicing attorney for more than a decade. In addition to holding a juris doctor from South Texas College of Law Houston, Anastacio Mindiola maintains membership with the State Bar of Texas and the American Bar Association (ABA).

According to the recent National Lawyer Population Survey of the ABA, the number of attorneys in the United States has increased by 15.2 percent over the last 10 years. As of December 2017, there were 1,338,678 lawyers in the US, according to the survey. A decade ago, this number was 1,162,124.

New York reports the highest number of active lawyers, with a total of 177,035 resident practicing attorneys. California comes in at second place, with 170,044 lawyers, while Texas sits in the third spot, at 90,485. In 2007 the number of practicing lawyers in Texas was just 73,308, according to the State Bar of Texas.

American Bar Association Rolls Out New Clemency Information Website

An attorney with his own private practice, Anastacio Mindiola possesses more than 15 years of experience in law. Mr. Mindiola helps clients in personal injury cases and civil cases against insurance companies. In addition to his work with clients, Anastacio “Trae” Mindiola stays active in his field through membership in the American Bar Association (ABA).

In late March of 2018, the ABA Capital Clemency Resource Initiative (CCRI) rolled out a new website aimed at raising awareness and educating the public on the ways clemency is handled in death penalty cases. The website also contains information for attorneys and other individuals who have a stake in clemency decisions. 

The move comes as ABA research finds that public knowledge and access to information about clemency is fundamentally lacking. The website has a searchable database and contains state-specific information, court decisions, and scholarly journal articles. To learn more, visit www.capitalclemency.org.

A Brief Explanation of Legal Torts

A graduate of South Texas College of Law in Houston, Anastacio “Trae” Mindiola has worked as an attorney for more than a decade, managing his own Houston law firm since 2011. Over the course of his career, Anastacio Mindiola has gained experience in a variety of legal matters, including torts.

A component of United States civil law, a tort can be simply defined as a harmful and/or irresponsible act that leads to personal injury or property damage. Tort law throughout the country is based on three specific types of torts: intentional, negligent, and strict liability. Intentional torts include purposefully harmful acts such as assault, and negligent torts occur when a person’s careless behavior causes injury or loss.

Unlike cases involving negligence, tort cases based on strict liability impose liability on a defendant regardless of whether he or she was at fault. The court’s main focus in a strict liability case is determining if harm occurred. Defective consumer products are often at the center of strict liability suits.

Regardless of the type, all torts are recognized as civil wrongs, so punishment does not include incarceration. Rather, a court typically will order a defendant found guilty of a tortious act to restore the plaintiff’s damage or loss monetarily. In addition to compensatory damages, some tort cases also result in an injunction, a court order designed to prevent a specific act from taking place again in the future.

State Bar of Texas Considering New Information Request Policy

An accomplished attorney with over a decade of experience in insurance civil litigation, Anastacio “Trae” Mindiola has worked with clients out of his private law practice in Houston, Texas, since 2011. Active in his local legal community, Anastacio Mindiola maintains membership in the State Bar of Texas. 

In January of 2018, the Board of Directors for the State Bar of Texas began considering a new policy that will create a new procedure for handling internal information requests from officers and directors of the organization. The new policy would only apply to information not already covered by the Texas Public Information Act.

According to State Bar president Tom Vick, the organization does not currently have a uniform policy in place that governs the flow of this information, particularly when the executive director may have certain misgivings about the public release of certain information. Vick says the new policy would promote greater transparency in the organization while also giving the executive director final say over whether or not a particular piece of information should be released.

ABA Releases New Book All About PDFs

An attorney based in Houston, Texas, Anastacio Mindiola has worked at his own law firm since 2011, helping clients deal with contract, insurance, and other civil disputes. Alongside his everyday litigation work, Anastacio “Trae” Mindiola stays active in his profession through membership in the American Bar Association. 

The Portable Document Format (PDF) has long been the industry standard in the business and legal professions for transmitting and storing digital documents. Most court systems also make use of PDF in their electronic filing procedures. With this in mind, the American Bar Association has released a new book aimed at helping law practices learn how to work with the PDF format more effectively. 

In “The Ultimate Guide to Adobe Acrobat DC,” the book’s authors, Daniel J. Siegel and Pamela A. Myers, help novices learn how to share and send PDFs, redact sensitive information, and navigate the revision process with colleagues. The book is available for purchase in the ABA online bookstore at shopaba.org.

Top-Ranked Moot Court - South Texas College of Law Houston

Texas-based attorney Anastacio “Trae" Mindiola represents clients of his law practice in Houston. In preparation for his career as an attorney, Anastacio Mindiola earned a juris doctor from South Texas College of Law Houston, where he competed as a member of the school’s moot court team.

To prepare students for their future legal careers, South Texas College of Law (STCL) Houston oversees a number of training programs focused on several areas of law. Over the years, STCL’s moot court has been ranked among the top moot court programs in the country. 

In 2016, STCL earned the title of Best Moot Court of this Decade from preLaw Magazine. The publication made its decision using a scoring system that evaluates moot court teams from schools across the United States. Based on its overall competition performance, as well as the size and quality of the competitions it participated in, STCL’s moot court was ranked at the top of preLaw Magazine’s list of the best in the country.

One of the top-performing law schools in the area of advocacy training, STCL’s team has won more than 120 moot court competitions, which is over twice as many as any other school in the United States. Additionally, the college is one of only a few schools in the country that is consistently listed among US News & World Report’s top-10 rankings for trial advocacy.