Texas personal injury victims not only have to prove that a defendant is liable for their injuries but also the extent of the victim’s damages. In a recent personal injury case on appeal, the court considered the standards for awarding certain damages under Texas law, and whether the $2.8 million…
One of the most critical decisions a Texas car accident victim must make when pursuing a claim for compensation is which parties should be named as defendants. Naming all potentially liable parties is important for several reasons. First, plaintiffs typically only get “one bite at the apple,” meaning that an…
Recently, a state appellate court issued a written opinion in a Texas truck accident case requiring the court to determine if the lower court properly excluded evidence of the plaintiff’s mental health diagnoses. Ultimately, the court concluded that such evidence was relevant and that the probative value of the evidence…
Earlier this month, a federal appellate court issued a written opinion in a Texas truck accident requiring the court to determine if the jury verdict in favor of the plaintiff should be reversed based on inadmissible expert testimony from a state trooper. Ultimately, the court concluded that the trial court…
Any party in a Texas bicycle accident claim or other legal proceeding is required to preserve evidence relevant to that claim. Texas courts have held that a duty to preserve evidence arises when a party knows or reasonably should know “that there is a substantial chance that a claim will…
Filing a claim in one state rather than another may have a number of benefits for a Texas plaintiff, including convenience and more favorable laws. In a recent Texas Supreme Court decision, the court explained why a case arising from an accidental death in Mississippi could be filed in Texas.In…
Recently, a state appellate court issued an opinion in a Texas truck accident case discussing an important issue regarding what constitutes inappropriate comments with respect to a plaintiff’s ethnicity or immigration status. The case required the court to determine if the plaintiff should be granted a new trial after defense counsel…
Common Links to More and More Trucking Accidents With a 20% increase in trucking accidents over the last two decades according to the Federal Motor Carrier Safety Administration (FMSCA), there are more and more trucking accidents occurring across Texas. And when these types of accidents occur typically the result is…
Liability in Texas car crashes is generally governed by negligence principles. Negligence refers to a party’s failure to act in a way that an ordinarily prudent person would act under the circumstances to prevent an unreasonable risk of harm. Under Texas law, the elements of a negligence claim are: 1)…
In a recent Texas wrongful death case, a car that drove into oil-based mud cuttings slid from the roadway and rolled over. A passenger was ejected and killed. An oil company had loaded mud into a dump trailer operated by an independent trucking company. Neither the trucking company nor the…