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Navigating The Aftermath of The Central Texas/Hill Country Flooding: Legal Experts Share Their Insight
 
LeagalEASE accompanies two of our partnering attorneys - Katherine Morton Gonyea and Courtney B. "Corky" Smith with Dooley Noted Law Firm assisting us with providing advice to those affected by the devastating impact of the recent July 4th, 2025, flooding in Central Texas/Hill Country area.
 
Speakers for this webinar.
LegalEASE Network Attorney, Katherine Morton Gonyea with Dooley Noted
LegalEASE Network Attorney, Courtney B. "Corky" Smith with Dooley Noted Law Firm
LegalEASE Director of Operations, Network Management, Charlie Jacquo
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Katherine Morton Gonyea
A native Texan and has been practicing civil litigation for over 16 years. Katherine is experienced in handling commercial litigation, insurance matters including personal injury, employment law, and real estate litigation. Katherine has achieved successful results for her clients at all stages of litigation from pre-litigation settlements to successful jury verdicts. Katherine graduated from St. Edward’s University, Magna Cum Laude, in 2003. In 2008, she graduated from South Texas College of Law-Houston, where she was a varsity advocate participating in both moot court and mock trial competitions. Katherine was a Texas Super Lawyer’s Rising Star from 2017-2021. She is licensed in the State of Texas, United States District Courts for the Southern and Western Districts of Texas, and the Federal Court of Claims. Katherine is dedicated to her clients and takes pride in assisting them with their legal issues. In her spare time, she enjoys spending time with her partner Andrew, his son, and their dog.
Courtney “Corky” Smith, JD, MBA, LLM
A native of Mississippi, and former resident of Lakeway, Texas in Travis County, and has been practicing civil litigation for over 13 years. Corky is experienced in handling complex litigation across the Country in both trial and appellate Courts. Corky received his B.A. in History and M.B.A. from Mississippi State University, his Juris Doctorate from Mississippi College, his LL.M. from the University of Alabama, and is a member of the American Association for Justice (AAJ). Additionally, Corky is a former player agent for both the NBA and NFL. Corky is a proud member of the JAG Corps as an Officer in the Mississippi Army National Guard. He serves with the 155th ABCT and is an active member of the NGAMS and NGAUS. Corky believes in service above self as a former Rotary Club President, a Mason, and as a member and volunteer attorney for various non-profit organizations. Corky is a proud father and enjoys spending time with his son. He enjoys the outdoors, watersports, and SEC football. Corky has received awards such as the Top 50 Under 40 and Leader in Law from the Mississippi Business Journal. He has received numerous military awards on a State and Federal level. 
Topics Discussed: What you'll learn
  • [5:02] What are your legal rights as a flood victim in TX?  As a flood victim in Texas, your rights vary based on your situation. Renters are entitled to habitable conditions and can give written notice to landlords if a property is unlivable, with the option to end a lease without penalty. Homeowners should immediately file claims under their flood or homeowners insurance. Victims in federally declared disaster areas can also access FEMA grants, SBA disaster loans, and state or local aid. In all cases, keeping written documentation of damage, notices, and communications is key to protecting your rights.
  • [8:25] What applications should you complete for disaster relief and insurance claims? Is there any tax relief for flood victims?  To get disaster relief, flood victims should first file a flood insurance claim (or homeowners' insurance if applicable), documenting all damage with photos, videos, and receipts. Only after insurance options are exhausted can they apply for FEMA grants, and they may also seek SBA disaster loans, which must be repaid. Additional help may come from the Texas Division of Emergency Management, USDA programs, and local resources like the Red Cross or 211. For taxes, the IRS often offers deadline extensions, penalty waivers, and casualty loss deductions, though specific guidance for this disaster is still pending.
  • [15:30] What documents do you need to file a flood insurance claim? What if you don’t have flood insurance?  To file a flood insurance claim, you’ll need proof of ownership or residence (such as a deed, lease, or government-issued ID), along with thorough documentation of damage—photos, videos, receipts, and any other records showing the value of your property and belongings. If original documents were lost in the flood, replacements can be obtained from local courthouses, government offices, landlords, or online records. For those without flood insurance, the process is similar when applying for FEMA aid or SBA disaster loans—you’ll still need to show proof of your connection to the property and document the damage. FEMA, SBA, and state agencies provide standardized, easy-to-access forms online, at local offices, or through emergency management agencies.
  • [20:28] What legal documents should you secure for FEMA and other Disaster Recovery Assistance? Can the firm assist with completing the applications?  For FEMA and other disaster recovery assistance, you’ll need many of the same legal documents required for insurance claims—proof of ownership or residence (deeds, leases, titles, or government-issued IDs), along with damage documentation like photos, videos, and receipts. This helps verify eligibility for aid. If documents were lost in the flood, they can be replaced through courthouses, government offices, or landlords. The attorneys confirmed that their firm can assist victims' step by step with completing FEMA applications, SBA disaster loan forms, and other recovery paperwork to ensure all requirements are met.
  • [21:50] Do you still have to pay your mortgage/rent/care note? If renting a home or apartment, do you have any protection from eviction until you’re able to pay rent?  You are still required to continue paying mortgages, rent, and car loans—there are currently no broad payment moratoriums in effect. However, it's crucial to communicate proactively with lenders, landlords, and finance companies. Many are willing to negotiate options such as forbearance (temporary payment suspension), waived late fees, or payment extensions—just be sure to get all agreements in writing and clarify details like duration and repayment terms. While there is no official eviction moratorium, tenants have rights: you can request necessary repairs and may be eligible to terminate your lease if your rental becomes uninhabitable—such requests cannot legally trigger eviction.
  • [25:05] What support is available for families who lost loved ones? Can you sue for wrongful death if a child, spouse or family member died in the flood? When is Probate required in TX? For families who lost loved ones, emotional and practical support includes mental health services via organizations like the Red Cross, support from National Guard chaplains, and local church and community aid. These resources aim to help families cope with grief and loss.
    •    Regarding wrongful death suits, it may be possible to sue someone if negligence contributed to a death in the flood—but it depends on the specific circumstances. In Texas, the statute of limitations is two years from the date of death, so it’s important to consult an attorney promptly.
    •    As for probate in Texas, it is generally required when someone passes away and leaves property behind; probate validates a will (if one exists) and ensures proper transfer of assets. Exceptions include when assets are held in a trust or under the value threshold for small estate affidavits, but these are limited and situation specific.
  • [31:15] If pets were harmed or lost in the flood, will insurance pay for veterinary treatment or compensation for loss/death?  If pets were harmed or lost, pet insurance—if you have it—can cover veterinary treatments. Homeowners insurance generally does not cover pets. However, if your policy includes additional living expense coverage and you’ve been displaced, it may pay for pet-friendly temporary housing. For other pet-related needs—injuries, food, or shelter—check with local shelters and veterinary clinics, as many may offer reduced-cost services or assistance during disasters.
  • [32:39] How can you protect yourself from fraud or scams targeting disaster victims?  To protect yourself from fraud and scams after a disaster, always research contractors, get multiple bids, and remember that price gouging is illegal. Be cautious of anyone asking for upfront payments for FEMA or SBA aid—legitimate organizations and charities won’t request money in exchange for assistance. Stick to well-known resources like FEMA, SBA, the Red Cross, and local government agencies. If something feels suspicious, trust your instincts and verify before agreeing. Report any scams to the Texas Attorney General’s Office, which aggressively pursues disaster-related fraud to prevent others from being targeted.
  • [36:55] What have you learned from representing other flood victims?  From representing other flood victims, the attorneys emphasized that while disaster recovery can feel overwhelming, government aid programs generally work efficiently, and many people and organizations are willing to help. Victims should not feel alone—there are multiple remedies available, even if insurance initially denies a claim. They also highlighted the resilience of communities, the generosity of volunteers, and the importance of taking the first step toward seeking help. Acting quickly is crucial, especially with time-sensitive matters like insurance disputes or legal claims.

Thank you to our firm for their willingness to educate and provide general advice to those impacted by these recent flooding. 
 
1. Stay Safe
Avoid floodwaters and downed power lines.

Return only when local officials say it's safe.

 
2. Call For Help
Dial 911 for emergencies.

Use 2-1-1 for non-emergency assistance, local info & services.

 
3. Document Everything
Take detailed photos/videos of all damage before any cleanup begins.

Keep all repair receipts, hotel stays or emergency purchases and begin a written inventory of losses.

 
4. Find Shelter
Temporary shelters are open.
 
5. Reunite with Loved Ones
Red Cross Reunification Centers are always open.
 
We are heart-broken by the devastation of the recent flooding in the Central Texas/Hill Courtry area.  LegalEASE stands ready to help any employee in any of our client companies with extra help, consultation, and advice in dealing with the insurance claims or insurance companies related to a wildfire loss.
Email: Membersupport@legaleaseplan.com
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