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March 13, 2019

Top Defenses to Personal Injury Claims


Even the best personal injury claims, with the strongest possible facts, will undoubtedly be met with some sort of defense along the way. In many cases, possible defenses are presented during the negotiation stages prior to ever making it to the courtroom – often as a way to attempt to deter the plaintiff from continuing. However, our team of experienced personal injury practitioners is ready to meet and overcome any defenses thrown our clients’ way, which could include any of the following:

Defense #1: Contributory Negligence: In Texas, there exists an “affirmative defense” known as contributory negligence. To assert this defense, the defendant must take the position that “yes, this occurred, but the plaintiff was at fault too!” In other words, the plaintiff in some way contributed to his or her own injuries. In considering this defense, the fact finder (usually a jury) would review the evidence to determine if, but for any of the plaintiff’s own actions, the injuries could have been minimized or avoided all together.

March 13, 2019

What is a Subpoena?

A subpoena is a formal demand to appear in court, appear for a deposition, or provide documents. It is an order of the court that must be followed. Failure to adhere to the requirements of a subpoena may result in a civil contempt of court proceeding, which is both time-consuming and may result in fines.

If you read the subpoena carefully, it should provide all of the instructions and information you need to comply.

March 13, 2019

Dog Bite Injuries in Texas


Is the owner liable if a dog bites me in Texas?

Texas leads the nation in dog bite fatalities according to DogsBite.org, a national website devoted to reducing the number of dog attacks.  Between 2005 and 2013, 34 fatal dog attacks occurred in Texas, exceeding the national average.  Since that time, over 15 fatal dog attacks have claimed the lives of victims ranging in age from just six days to 85 years old.  Dog bites can lead to a wide array of serious injuries, leaving victims with lasting damages.

March 13, 2019

Texas Bacterial Meningitis Death Sparks Medical Malpractice Suit


Q: Can a missed diagnosis be the basis for a medical malpractice lawsuit?

No parent should have to bury their child. While a child's death is always tragic, it is particularly devastating when it results from preventable medical malpractice. Medical malpractice results when a healthcare provider departs from the accepted medical standard of care and a serious personal injury or death results.

March 13, 2019

Personal Injury Statute of Limitations in Texas


Virtually every legal cause of action has a “time limit” by which you must assert your claim. Failing to bring your legal case before this time runs out will bar your claim forever. This time limit is commonly known as the “Statute of Limitations,” because the restriction is specifically set out by statute. 

The amount of time that you have to sue the defendant will vary depending on the type of claim that you want to assert.

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March 13, 2019

Taxes and Personal Injury Settlements


The IRS defines income as any money, property, or services that you receive. Generally, all income is taxable unless it is specifically exempt by law. Technically speaking, personal injury settlements are income based on the IRS’s definition.

March 13, 2019

Exploring Texas’ Dram Shop Laws

Can I sue a bar after an alcohol-related accident?

Each year, over 10,000 people die in alcohol-related crashes in the United States, according to the Centers for Disease Control and Prevention.  On top of alcohol-related car accidents, excessive consumption of alcohol also commonly gives rise to slip and falls and acts of violence.  If you have been injured by an intoxicated individual, you may wish to pursue a claim against the bar or other establishment that served him or her alcohol.  The law in Texas concerning the liability of sellers of alcohol for negligent acts committed by customers is known as the dram shop law.

March 13, 2019

Calculating Damages for Pain and Suffering in Texas


Many of the damages in personal injury cases are the same. They usually involve medical bills, lost wages from being away from work, and pain and suffering. You may also have other damages as well, such as property damage and loss of enjoyment of life.

March 13, 2019

Texas Chemical Plant Explosion Raises Safety Questions


Could the Crosby, Texas chemical plant explosion have been prevented?

Following Hurricane Harvey, which made landfall in Texas as a devastating Category 4 storm, the Arkema chemical plant in Crosby, Texas was rocked by two explosions.  The plant produces liquid organic peroxides that are used mainly in the making of plastic.  Due to the nature of the peroxides, when the molecules become heated enough, they start to break down, generating heat and leading to fires.  After Harvey, the floodwaters caused the plant to lose power.  Its backup generators failed, and everyone in the immediate vicinity was evacuated.