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 »
I hear it all the time: “My case is clear.” We have a “cut and dry case.” However, the insurance company is denying the claim? “Let’s just go to trial. We can’t lose!” Since 1994, when I started as a personal injury lawyer in Dallas, I hear so many clients tell me that there is
“We Can’t Lose!” The Myth of the “Cut & Dry” Case. Read More »
In a perfect world, witnesses will present themselves and cooperate. They will cooperate with you and your attorney while preparing for your big day in court. They will deliver the perfect testimony without any hesitance or hostility. However, not all personal injury cases are perfect. Nor is any other legal case perfect. Helpful witnesses handle
How to Handle Eye-Witnesses in your Injury Case Read More »
Many times I have potential clients call me and say that they were injured in a car crash that was not their fault, but the “adjuster is putting some percentage negligence on me….” This is called comparative negligence. Under Texas law, comparative negligence may be a partial or total defense to a civil claim for
Comparative and Contributory Negligence Read More »
In 2015, the Texas Supreme Court ruled in Nabors Well Services v. Romero that the non-use of seat belts is admissible in an auto accident case. The History of the Case The case involved an accident in which a Suburban collided with a semi-truck. There was one fatality and others sustaining serious injuries. No one in the
Can the Non-Use of a Seat Belt Be Used Against Me in a Car Accident Case Read More »
Casey Anthony was found “Not Guilty” of murder. O.J. Simpson was found “Not Guilty” of murder. Being a trial lawyer in the Dallas / Fort Worth area since 1994, it seriously concerns me when I see jury after jury deliver questionable verdicts. It’s about time that we as a nation reconsider our jury system before the United
Time for Professional Jurors Read More »
Now, let’s assume you are one of the “lucky” ones selected for jury duty. I will follow a typical case in Dallas / Fort Worth, Texas, although other jurisdictions are still very similar. You will be asked by the judge to take a seat in the jury box at which time you will be sworn
Jury Duty – Part IV of IV Read More »
Now the jurors are back in the hall and the attorneys are in the courtroom conferring with the judge about some of the responses from the panel members. The judge will ask the bailiff to individually call one or more of the panel members back into the courtroom to further discuss the juror’s answers or comments during the voir dire process.
Jury Duty – Part III of IV Read More »
You have been summoned for jury duty and made it through the administrative stage. Now, you are seated in the courtroom awaiting jury selection. It is at this point that the attorneys and the judge finally get to personally converse with the panel members. This process is called “voir dire,” which, translated from French, means “to speak the
Jury Duty – Part II of IV Read More »
Many people call me to seek advice about what to do if they are called for jury duty. Likewise, I thought I would write a series regarding jury duty, starting from receipt of the notification all the way through the trial and verdict. Parts I-III will deal primarily with the jury selection process, while part IV will
Jury Duty – Part I of IV Read More »
