Litigation Articles

Jun
17

Statute of Limitations for a Car Wreck.

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The Scenario…. You were injured in a car wreck.  Your car was totaled.  You treated with a doctor for about 4 months and did some physical therapy.  A few weeks after being released from medical treatment, you started having more pain and other issues related to the car wreck. You haven’t been able to get […]

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May
03

How Long Does Car Accident Litigation Take?

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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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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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Jul
19

Comparative and Contributory Negligence

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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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Jun
15

Can the Statute of Limitations be Extended?

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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 […]

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Sep
26

The Mediation Process

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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 […]

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Aug
15

Car Wreck Cases in Small Claims Court

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Because the courts are bogged down with so many cases, more and more Dallas car accident attorneys are choosing to file car wreck and personal injury cases in small claims court.  Since the Texas legislature raised the jurisdictional limit in small claims court from $5000 to $10,000, small claims court provides an efficient alternative to […]

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Jul
30

I Got Sued For a Car Accident.

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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 […]

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The Texas Supreme Court has granted review of a case regarding the admissibility of the non-use of seat-belts in a trial of an auto accident case.  The case involved an accident in which the driver and passengers were seriously injured a collision with a semi-truck.  The driver and passengers were not wearing seat belts.  The trial […]

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Jul
04

Litigation Costs in Personal Injury Cases

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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 […]

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Mar
18

Paid or Incurred Medical Expenses

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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 […]

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