Areas of expertise

Our Practice Areas

BUSINESS
LITIGATION

CONSTRUCTION
DISPUTES

EMPLOYMENT
ISSUES

PERSONAL INJURY
WRONGFUL DEATH

PROBATE & TRUST
LITIGATION

REAL ESTATE
LITIGATION

TRUCKING
ACCIDENTS

UNPAID
OVERTIME

business litigation

At Young & Newsom, PC, we provide comprehensive representation for business clients involved in litigation.  Mr. Young began his career in Dallas, Texas litigating claims against large adversaries, including Fortune 500 companies.  The lawyers at Young & Newsom, PC have particular expertise in contract dispute and business litigation.  With over 40 years of combined experience, the lawyers at Young & Newsom, PC have the requisite knowledge and advocacy skills to successfully represent your interests in any business litigation matter.

Contracts are an essential component to operating nearly any business.  When a dispute arises over terms, validity, enforceability, or payment obligations, a contract that was executed to earn profit for a business can have the opposite effect.  Litigation can be a costly consequence for a business and its shareholders, requiring an experienced attorney to achieve favorable results.  With over 40 years of trial experience, Young & Newsom, PC regularly helps business clients litigate their contract disputes.

We represent plaintiffs & defendants

across a spectrum of business litigation disputes including:

  • Contract Disputes
  • Construction Disputes
  • Real Estate Disputes
  • EASEMENT DISPUTES
  • BUSINESS DISPUTES
  • PARTNERSHIP DISPUTES
  • COLLECTION MATTERS
  • SHAREHOLDER DISPUTES
  • CONTRACT DISPUTES
  • CONSTRUCTION DISPUTES
  • REAL ESTATE DISPUTES
  • EASEMENT DISPUTES
  • BUSINESS DISPUTES
  • PARTNERSHIP DISPUTES
  • COLLECTION MATTERS
  • SHAREHOLDER DISPUTES

CONSTRUCTION DISPUTES
Crafting Innovative Solutions

Litigation over a construction project involves complex issues that turn on a number of factors. The parties to the dispute are often heavily invested in the construction project relying on swift resolution to ensure their business objective is preserved and maintained. We give clients much-needed reassurance that their case is in good hands, approaching each matter with a level of construction expertise vital to litigation these complex disputes.

Employment Issues

We have extensive experience handling employment law matters for employers who are accused of unfair wage and hour compensation, discrimination, harassment, and other employment violations. We routinely counsel our clients on proactive measures to avoid potential litigation, including establishing company policies, and educating clients on the applicable employment laws.

WAGE AND HOUR CLAIMS

As an employer, you have a legal duty to adequately compensate your employees. Employers are required, under the Fair Labor Standards Act (FLSA), to pay correct wages to every employee. Nonetheless, many employers do not provide proper compensation, often due to erroneous company policies or errors in calculating overtime pay. We assist clients in avoiding common employer mistakes, including:

  • Improper treatment of bonus and shift pay
  • Cash off the books
  • Misuse of “Comp” time
  • Employee misclassification
  • Calculating incorrect rates of pay
  • Failing to properly pay for medical attention
  • Failing to properly pay for overnight travel
  • Shortchanging hours
  • Unpaid overtime
  • Allowing off-the-clock work

Although the FLSA provides some exemptions from overtime pay for certain types of employees (e.g. professional, executive, administrative, computer and high-tech), the criteria for determining whether a particular employee is exempt are numerous and complex, and often become the subject of intense litigation. Written job descriptions and other documentation are important, but the employee’s actual job duties carried out on a daily basis carry the most weight. It is also important to understand that it is the employer’s responsibility to make sure that employees only work when authorized. Even if overtime has not been approved, an employee who continues to work on his or her own initiative may be entitled to overtime if not stopped by the employer.

Penalties and interest for failing to correctly pay wages or overtime can far exceed the employee’s original compensation. In addition, auditors can go back several years when looking for wage violations, and it is not uncommon for a misclassification or other error to affect a large class of workers. It is easy to see how the assessment of wage and hour penalties, even regarding only a handful of employees, can be devastating to a company’s financial resources.

DISCRIMINATION AND HARASSMENT CLAIMS

Young & Newsom, PC also consults with employers in equal employment and discrimination matters. Employers must be vigilant and pro-active in making sure that discrimination, harassment and retaliation does not occur in the workplace. Young & Newsom, PC has extensive experience with the laws governing all types of discrimination, including age, race, national origin, gender, sexual orientation and religion, along with issues involving disability accommodation, equal pay, harassment and retaliation. We regularly interact with the United States Department of Labor, the Equal Employment Opportunity Commission, and other federal and state agencies charged with the enforcement of employment laws.

SEEKING EXPERIENCED LEGAL REPRESENTATION

Integral to any successful business is an understanding of fair employment standards — without this knowledge, you may be subject to financial liability and costly litigation. Our experienced employment law compliance practice offers clients the legal assistance needed to protect their financial interests and operate a profitable business.

If you are an employer in need of experienced representation to ensure compliance with employment law standards, contact Young & Newsom, PC today.

Young & Newsom, P.C. has its principal office in Amarillo, Texas.

Call for a Free Consultation

On Certain Matters

You don’t pay unless we win. We accept cases on a contingency fee basis, which means that you won’t pay any out-of-pocket fees when you hire us.

Call our personal injury lawyers today at (877) 895-2937.

PERSONAL INJURY & WRONGFUL DEATH

The lawyers at Young & Newsom, PC have represented individuals and families who have suffered the life-changing events of suffering a catastrophic injury or losing a loved one because of negligence by another person or a company.  We are compassionate, responsive, and innovative in seeking appropriate results for your injuries.  Tim Newsom became Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization in 1997, his first year of eligibility.

Personal injury claims require an in-depth understanding of the legal issues, medical damages, and life care needs to fully evaluate the extent of financial damages. Our firm’s lawyers have more than 40 years combined years of experience and the necessary legal and financial resources to maximize a financial settlement to recover your damages when you have been injured in a collision caused by the kind of careless behavior.

We handle claims for a variety of situations

The types of claims and cases our firm handles include:

  • AUTO ACCIDENTS
  • TRUCK ACCIDENTS
  • INDUSTRIAL INJURIES
  • INSURANCE CLAIMS
  • DRUG & MEDICAL DEVICE INJURIES
  • MEDICAL NEGLIGENCE
  • CONSTRUCTION ACCIDENTS
  • OILFIELD INJURIES
  • PRODUCTS LIABILITY
  • WORKPLACE ACCIDENTS

Probate & Trust Litigation

Young & Newsom, P.C. will help protect your rights as beneficiary of a Trust or an Estate.

Probate Law and trust litigation matters often pit one family member against another, and are some of the most contentious and emotional disputes we encounter. Disputes may arise for a number of reasons, including perceived inequities over the division of an estate, challenges to the construction or validity of an estate planning document, or allegations of fraud, coercion, undue influence or elder abuse.  Disagreements also commonly arise between beneficiaries of a trust or estate and a fiduciary. Family members may disagree over who should act as the fiduciary, or the beneficiaries may be concerned about financial decisions or investments made by the fiduciary, or other property management issues. We have significant experience in prosecuting and defending probate and trust litigation matters and represent heirs, beneficiaries, trustees, executors and administrators in all manner of probate law and trust disputes.

There are a number of circumstances where your rights as a beneficiary of a Trust or an Estate may be in jeopardy

Missing Will

A parent has died and another family member refuses to provide your parent’s Will.

Trustee Conflicts

You are a beneficiary of a Trust and:

  • the Trustee will not provide information regarding the assets, liabilities, and distributions of the Trust;
  • the Trustee has stopped or refused to make distributions to the Trust’s beneficiaries;
  • the Trustee is violating the rules of the Trust;
  • the Trustee is embezzling or using Trust property for the Trustee’s own benefit or in a way that’s harmful or not fair to beneficiaries.

Trust Problems

The language in the Trust no longer matches what the Settlor (creator of Trust) intended

Intestacy

A parent or spouse has died without a Will.

Executor Malfeasance

You are a beneficiary under a Will or the laws

  • of intestacy (when someone dies without a will) and:
  • the Executor or Administrator of the Estate will not provide information as to Estate assets, liabilities, and distributions, or
  • you suspect the Executor or Administrator is misusing or embezzling Estate property.

Unnatural Distribution under Will

A parent’s Will leaves a greater share to one of Decedent’s children that is:

  • inconsistent with previous Wills or the Decedent’s overall estate plan;
  • was signed after the Decedent was diagnosed with Alzheimer’s, dementia, or some other illness affecting Decedent’s mental faculties; or
  • was signed at the direction or influence of the person(s) benefitting under the new Will, such as a new spouse or a caregiver.

Contrary to Decedent’s Wishes

A parent or spouse’s Will leaves property to other beneficiaries inconsistent with discussions with the Decedent as to how the Decedent wanted his or her property distributed upon death.

Beneficiary Designations

A Decedent’s beneficiary designation on a bank account, life insurance policy, retirement account, or brokerage account is inconsistent with the Decedent’s Will or the Decedent’s overall Estate plan.

REAL ESTATE LITIGATION

Young & Newsom, PC is adept at analyzing claims and working with industry experts to craft innovative yet practical resolutions. We have represented clients facing a wide variety of construction disputes, including bidding disputes, defective construction, defective building products, scope and specification disputes, warranty claims, delay damages, mechanic’s liens, insurance issues, and mold issues. Young & Newsom, PC is a comprehensive legal resource for clients involved in any construction dispute.

REAL ESTATE LITIGATION

At Young & Newsom, PC, we have experience handling a multitude of real estate litigation matters. Whether residential or commercial, a real estate transaction is a complicated matter involving multiple parties, including buyers, sellers, agents and brokers, lenders, inspectors and insurers. Despite the best of intentions, sometimes disagreements arise the cannot be resolved without help.

From title insurance and escrow litigation to eviction, our negotiation and trial skills will help secure a favorable settlement, judgment or verdict that protects our clients’ rights and investment.

SEEKING EXPERIENCED LEGAL REPRESENTATION

If you have a legal matter pertaining to the above practice areas and need an experienced attorney, contact Young & Newsom, PC for a free initial consultation (available on only certain matters). Mr. Young is personally involved in each client’s matter and is devoted to comprehensive client support for the duration of each matter.

CALL US NOW TOLL FREE 877.895.2937

Unpaid Overtime

The Fair Labor Standards Act requires that all non-exempt employees who work more than 40 hours in the workweek be paid at least one and one-half times their regular rate of pay for the overtime hours worked. All time that is considered hours worked must be counted when determining overtime hours worked and wages.

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Trucking Accidents

When a trucking accident occurs, the job of the trucking company and its insurance company is to limit their liability. They are not concerned with providing fair compensation for your injuries or your family member’s death. The experienced lawyers at Young & Newsom, PC will protect your right to a fair settlement or trial verdict for your injuries and related damages.

Causes of Trucking Collisions

There are a number of issues that can lead to a catastrophic truck collision:

  • Truck driver negligence.  This includes fatigue, drug or alcohol abuse, speeding, reckless driving and other careless behavior.
  • Inadequate hiring practices.  To make sure that it is hiring reliable and safe drivers, a company is responsible for conducting adequate background checks and installing hiring practices that identify potential problems with employers.
  • Failure to properly train drivers.  A trucking company must also provide appropriate training to its drivers to make sure they have the necessary skills to handle all aspects of their job.  This includes training for driving in all weather conditions and capably handling unpredictable situations such as road hazards and other emergency situations.
  • Unbalanced/overloaded cargo.  Properly loading a truck’s haul is an extremely important aspect of ensuring safety.  Cargo that is loaded improperly may spill over onto the road or cause the truck to jack-knife.
  • Improper or inadequate truck and trailer maintenance.  Comprehensive and timely maintenance is critical to ensuring safe operation of a truck. An engine malfunction at high speeds can quickly lead to catastrophe.
  • Defective truck equipment and tires.  The manufacturers of truck tires and equipment are responsible for providing safe products that perform as expected.  If they have not done so, they are at least partially responsible for what occurs as a result.

Results

The following is a list of results from truck accident cases handled by lawyers in our firm:

  • Confidential: A multi-truck collision occurred after one truck pulled onto the highway at a slow rate of speed in the fog while a second driver talked on his cell phone. A catastrophic collision occurred resulting in one death and permanent debilitating injuries to the passenger car driver.
  • Confidential:  This truck collision occurred on Thanksgiving Day morning and took the life of a husband and wife who were the parents of two fine young men.  The trucker was driving too fast for the conditions, lost control, and veered into our clients’ lane.  A catastrophic collision occurred.
  • $1,700,000.00: A drunk driver killed a husband and a father of three minor children. A lawyer with Young & Newsom, PC helped secure the family’s financial future. The district attorney prosecuted the driver who pled guilty to criminally negligent homicide and was sentenced to prison. $566,817 in fees and expenses; $1.15 million to clients.
  • $1,800,000.00: A truck driver changed lanes into our client and ran her into the opposite lane of traffic resulting in a head-on collision. The client died leaving a husband and three minor children. $420,983 in fees and expenses; $1.399 million to clients.
  • Confidential: A trainee driver with his supervisor asleep in the sleeper ran into the back of a grain truck killing a husband and a father of two children.
  • $1,000,000.00: This was a rear-end truck collision that caused the death of a retired cattleman leaving a widow and no children. $399,516 in attorney’s fees and expenses; $608,000 to the client.
  • $1,100,000.00: This was an intersectional collision on difficult liability facts. The client sustained a traumatic brain injury. The case settled during the second day of trial. $384,350 in fees and expenses; $715,650 to client.

Top 10 Things To Do After A Wreck

  • Stop. Stop and turn on your flashers. Do not leave the scene until it is appropriate to do so. In some instances, you can face serious penalties for leaving the scene of a collision.
  • Assess Injuries. Figure out whether anyone is injured. If people have been injured, they need immediate medical attention, so you should dial 911 as soon as possible. You should not move them unless you are a trained first responder or you feel the person is in imminent danger if you do not move them.
  • Move to Safety. It is important that everyone move to safety. Again, do not move anyone who is injured unless trained to do so.
  • Contact Authorities. Once people have been moved to safety, you should contact authorities. When they arrive, you should give them a complete, factual statement of the collision.
  • Exchange Information. Get the contact information from every driver involved in the collision. Get insurance information and driver’s license information as well. If there are any witnesses, get their contact information too.
  • Protect and Document the Scene. Take pictures of all cars and trucks involved in the collision, and the scene itself. Take pictures of the damage to all vehicles, guardrails, embankments, and other fixed objects that may have been hit. Also, take pictures of any skid marks.
  • Report the Collision, but Don’t Talk to Other Driver’s Representatives or Insurance Company. Notify your insurance company as soon as possible. After you have given an official statement, you do not have to continue sharing information with others including the other driver, his/her representatives, or his/her insurance company.
  • Get Medical Attention. Even if you think you are not injured, you should make an appointment anyway. A wreck can subject your body to tremendous forces that can cause many types of injuries some of which are obvious while others may take time to make their presence known.
  • Get a Property Damage Valuation. Obtain your insurance company’s damage valuation. If you are not satisfied with how your insurance company has valued your vehicle, do not give up. Get two additional independent repair estimates or replacement quotes. Then, inform the adjuster of your concern. If you cannot agree on the car’s value or repair costs, consider hiring an attorney.
  • Protect Your Rights. You should consult an attorney who can protect your rights and evaluate your legal claims and defenses. If you have questions about your rights, you are welcome to contact us for a free consultation at (877) 895-2937 or visit our website at www.youngfirm.com.