Court & Trial Articles

Jul
13

How to Handle Eye-Witnesses in your Injury Case

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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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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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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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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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Jul
09

Time for Professional Jurors

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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 […]

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Aug
01

Jury Duty – Part IV of IV

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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 […]

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Jul
19

Jury Duty – Part III of IV

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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.  […]

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Jul
09

Jury Duty – Part II of IV

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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 […]

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Jul
02

Jury Duty – Part I of IV

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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 […]

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