The separation of powers doctrine is central to our democracy. Unfortunately, however, the application of the doctrine can mean that some Texas personal injury cases cannot be resolved by the courts because they concern unreviewable decisions made by the executive and legislative branches. In a recent case against a military…
In a recent dram shop case before a Texas court of appeals, the appeals court considered whether the bar could be held liable for over-serving a customer who was later involved in a car crash. The Facts According to the court’s opinion, the plaintiff was driving his motorcycle one night…
In some accident cases, a personal injury claim may be brought against a minor who is claimed to have been at fault. Such cases can be complicated, and the laws concerning the liability of minors vary from state to state. In Texas, minors are generally liable for their own torts;…
Drunk driving is a serious concern throughout the country, but the issue is even more concerning in Texas. According to the Centers for Disease Control and Prevention (CDC), 13,138 people were killed in crashes involving a drunk driver in Texas from 2003 to 2012. The rate of drunk driving deaths…
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…
Earlier this year, the Supreme Court of Texas issued a written opinion in a case involving a fatal Texas pedestrian accident, requiring the court to discuss the damages cap provision of the Texas Tort Claims Act (TTCA). Specifically, the court had to determine if the damages cap provision applies individually…
Injury claims against Texas government entities can be complicated, since many agencies are protected by governmental immunity, precluding recovery in some situations. However, there are certain exceptions that can allow plaintiffs to successfully file a claim against a government entity.In a recent case before the Texas Supreme Court, a plaintiff…
A win at trial is not always the end of the road for plaintiffs. Mistakes at trial can result in personal injury plaintiffs enduring a lengthy appeal process and, in some cases, even a new trial. In a recent case, the Texas Supreme Court ordered a new trial for a…
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…
Unfortunately, Texas personal injury cases can take years to resolve, in some instances, and plaintiffs may not live to see the final disposition of their case. This can implicate a number of procedural rules and requirements in order to ensure that the right type of case is being brought and…