Litigation Issues

What is “Discovery” in a Texas Personal Injury Lawsuit?

“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 …

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How Long Does Car Accident Litigation Take?

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 …

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“We Can’t Lose!” The Myth of the “Cut & Dry” Case.

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 …

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How Does the Police Report Work in My Car Accident Case?

If you are involved in a serious car accident, the investigating officer will prepare an accident report. Car accidents in Dallas are not normally reported unless someone needs an ambulance or the vehicles need a tow truck.  This is also true of car accidents in Fort Worth and other surrounding areas.  But, when the police …

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Medical Bills in a Personal Injury Case: “Paid or Incurred”

Collecting medical bills in a personal injury case in Texas has become more complicated.  In the “old days” you could just add up your bills from the hospital and doctors and that’s what you were entitled to collect.  It is not that simple anymore.  Therefore, many Dallas personal injury attorneys have become very careful on …

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How to Handle Eye-Witnesses in your Injury Case

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 …

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Who do I Sue? The Driver or the Insurance Company? A Discussion about “Direct Actions.”

You just had a car accident.  You make a claim against the other driver’s insurance company.  They do their investigation and lead you to believe that they will take care of your claim.  Instead, the insurance company either fails to pay a fair amount for your claim or they deny your claim altogether. What if …

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Comparative and Contributory Negligence

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 …

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