What is a “Cost & Necessity” Affidavit in Texas? In Texas, a “cost & necessity” affidavit is used in the litigation process as evidence of expenses or damages incurred in a civil suit. The use of this affidavit is governed under Texas Civil Practice and Remedies Code, Chapter 18. It is routinely referred to by […]
“Cost & Necessity” Affidavits in Texas. Read More »
Who Decides Fault in an Car Accident under Texas Law? Fault is a big decision in a car accident. It either makes or breaks a case and can mean whether you win or lose. But who decides “fault” in a car accident? Well, the short answer is that fault is a decision made by many
How is Fault for a Car Accident Decided in Texas? Read More »
Does a Pedestrian Always Have the Right-of-Way? There is a common understanding that pedestrians always have the right-of-way over vehicles on the roads. When a someone gets hit by a car, pedestrian injuries tend to be very serious and even fatal. Because of this, most people believe that they should automatically be compensated for their
When Do Pedestrians Have the Right-of-Way Over a Vehicle? Read More »
What is “Negligence” under Texas law? Negligence is a theory of legal liability that may hold a person responsible for damages caused to another person. It is probably the most common grounds for legal liability. Simply put, negligence is the failure to use reasonable care resulting in damages to some other person of property. The
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“Discovery” the process where each party has an opportunity to investigate the facts relevant to the claims and defenses in a pending lawsuit. The Texas Rules of Civil Procedure (TRCP), starting with Rule 190, generally govern the discovery process and the obligations of the parties in Texas litigation. In a personal injury case, Texas discovery
What is “Discovery” in a Texas Personal Injury Lawsuit? Read More »
Since 1994, I have been helping injured Texans handle their injury claims throughout the Dallas area. Through the years, I have also heard almost every reason why insurance companies deny claims. Here are some reasons why an insurance company might deny your injury claim and what you can do to avoid it. 1. No Fault
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Question: I was recently in a car wreck where I rear-ended someone. However, their brake lights were not working. I thought the car was moving, but it turns out it was stopped. Am I still liable? Answer: Just the fact that the vehicle had an expired inspection sticker is not a defense. That fact alone
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Let’s say you are at a dog park in Dallas, Texas. Although your dog was on a leash, it accidentally slipped out of your hand. The dog then runs up to another person an bit him on the leg. The dog has never bit anyone before and never showed aggressive tendencies. Are you still liable
Is There a “First Bite” Rule in Texas? Read More »
Question: My daughter was a pedestrian that was hit by a car and suffered some serious injuries. She is a minor. I want to bring a claim or lawsuit against the responsible party. But I was told that the money would be placed in an account set up by the court until she is eighteen
How is a Minor Child’s Money Handled in a Personal Injury Settlement? Read More »
Question: I have a car accident attorney in Dallas. I was told that a lawsuit must be filed. How long will that take? Robert’s Answer: That’s a hard question to answer. I’ve had cases where settlements took a matter of weeks and nobody ever saw the inside of a courtroom. I’ve also had cases that
How Long Does Car Accident Litigation Take? Read More »
