Business Description
Hernandez & Baggett is committed to providing exceptional legal representation that takes into consideration the unique plight of its clients. Whether they are up against the experienced prosecutors of the State of Texas or the seasoned attorneys of a large corporation or insurance company, prospective clients come to our firm in an unequal position with the opposition. Hernandez & Baggett has proven to be the equalizing force for its clients.
By providing its clients with representation that is anchored in the knowledge, skill and integrity of its attorneys, Hernandez & Baggett has consistently achieved outstanding results for its clients. Whether it is a car accident or a multi-million dollar injury case, a first degree felony or a misdemeanor DWI, Hernandez and Baggett’s approach is the same.
Hernandez & Baggett employs a unique team approach to each case, whether a criminal defense case or a personal injury matter, which allows both named partners in the firm to be involved and provides a more detailed representation to the client.
The key to success in every case is having an attorney who has the knowledge and skill to properly prepare and try the case. While some cases need to be tried, others do not. However, only by being prepared for a possible trial can a client maximize their result - be it through a trial, a settlement, or a plea agreement.
The attorneys at Hernandez & Baggett are nationally recognized, award-winning trial attorneys who will aggressively fight for their clients.
In criminal cases, the key to properly evaluating a case and maximizing the possibility of trial success is fully understanding the burden of proof involved. Whether it is a felony assault charge, misdemeanor DWI, or a traffic ticket, the burden of proof is always on the State of Texas. What does this mean? It means that the State of Texas, and not the defendant, must prove every element of the charge against the accused. If the State fails to do so, then the judge or jury must return a verdict of Not Guilty. The burden of proof is always on the State and it is always the same: Beyond a Reasonable Doubt. It is the highest standard under the law. If after hearing all of the evidence against a person the jury is left with any doubt at all based on reason and common sense, then it is required to acquit the defendant and find them Not Guilty. Hernandez & Baggett endeavors to aggressively protect its clients’ rights by attacking the State’s version of facts and holding the State to its burden of proof.
In civil cases, the key to maximizing success is understanding the burden of proof as well. A civil case typically involves two private parties fighting over monetary damages, such as in a personal injury or car wreck case. The plaintiff in a personal injury case is alleging that he or she has suffered damages due to a physical injury caused by the defendant. Such damages can consist of things like loss wages, bill for past medical treatment, the need for future care and general pain and suffering. The Plaintiff carries the burden of proof in a personal injury case. The burden on the plaintiff is to prove their case by a preponderance of the evidence. Essentially a Plaintiff must present evidence showing it is more likely than not that what the Plaintiff is claiming is true. The jury doesn’t have to be convinced beyond all reasonable doubt; rather, if the jurors feel the evidence points every so slightly in favor of the plaintiff then the plaintiff prevails. Hernandez & Baggett understands the importance of presenting the correct and most persuasive facts to a jury to make them understand the reality of each case and why their client is entitled to recover for their injuries.
