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 […]
Who do I Sue? The Driver or the Insurance Company? A Discussion about “Direct Actions.” 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 »
Every personal injury case in Texas has a time limit. This is called the statute of limitations. The statute of limitations for a personal injuries is two years from the date of the accident. But there are some ways that the statute of limitations may be extended. This is known as “tolling.” Temporary Absence from
Can the Statute of Limitations be Extended? Read More »
Cases pending in the Dallas / Fort Worth area courts are almost always ordered to mediation before going to trial. That is because judges know that mediation presents the best chance for the parties to resolve their dispute and move the case off their already crowded dockets. Statistically speaking, legal disputes settle without ever going
The Mediation Process Read More »
I get many questions from people who have been involved in car accidents and were later sued by the other person or the other person’s insurance company. What should you do? If you had liability insurance at the time of the accident, then promptly refer the matter to your insurance company. All you have to
I Got Sued For a Car Accident. 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 »
If you choose to hire a personal injury lawyer, your agreement will most likely provide for reimbursement for the actual costs and expenses advanced by your attorney in connection from your claim. Although these litigation costs are relatively manageable, some expenses can get quite high thereby effecting your net recovery in the event of a
Litigation Costs in Personal Injury Cases Read More »
Medical expenses are one of the most important elements of damages that are recovered in a personal injury case. With the passage of Section 41.0105, of the Texas Civil Practice and Remedies Code (“CPRC 41.0105”) in 2003, the Texas legislature greatly affected the way medical expenses are recovered and the way settlement funds are distributed among
Paid or Incurred Medical Expenses Read More »
One thing I have noticed in my years of practice as a car accident lawyer in the Dallas / Fort Worth area, is that eye witnesses to car accidents do not want to get involved. Likewise, they just keep driving. If you happen to witness an accident, you should stop and give your information. As
Eye Witnesses Should Cooperate Read More »
“Statute of Limitations” refers to the time period in which a legal claim may be asserted. There are different time periods depending on the type of case. For instance, the time period for a personal injury or wrongful death case is different than the time period for a breach of contract case. If the statute
Statute of Limitations Read More »
