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Articles Posted in Personal Injury

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Trial Court Was Wrong to Dismiss Case Against Business Whose Employee Allegedly Caused Accident, Says Texas Court of Appeals

Fully recovering from a serious car accident in East Texas or elsewhere can require the assistance of multiple professionals. Obviously, receiving proper medical attention should be first and foremost in an accident victim’s mind. However, there are other concerns that are likely to arise along the way. How will the…

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Texas Appeals Court Holds That New Trial in Uninsured Motorist Car Insurance Case Was Unwarranted

When a Texas car accident lawsuit is tried to a jury, it is highly likely that one party or the other will be dissatisfied with the verdict. When this happens, one side or the other (or sometimes both) may seek a new trial. While new trials are sometimes granted, this…

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Texas Appellate Court Partially Affirms Verdict in Truck Driver Negligence Case but Issues Remittitur as to Some Future Medical Expenses Damages

A Texas truck accident can be devastating to an innocent motorist and his or her family. Medical bills can quickly mount, and finances can quickly spiral out of control with little or no money coming in due to the accident victim’s inability to work, either temporarily or permanently. Fortunately, truck…

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Texas Appeals Court Holds that Summary Judgment Was Improper in Drag Strip Participant’s Negligence Law Suit

Not all motor vehicle accidents happen on a street or highway. Car, truck, and motorcycle accidents can happen in parking lots, on other private property, and even on racetracks. Just as in other negligence cases, the burden in a Texas car accident case is on the plaintiff to show that…

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Verdict in Favor of Family Injured in East Texas Car Accident Reversed on Appeal

Proving negligence in a car accident case requires several elements of proof. In addition to providing evidence regarding the duty of care owed by the defendant(s) to the plaintiff(s) and the defendant’s alleged breach of that duty, the plaintiff must also provide competent evidence of any physical injuries for which…

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Trial Court Was Wrong to Deny Directed Verdict to Plaintiff in Texas Car Accident Case

A Texas car accident case is usually pursued under a legal theory known as “negligence.” To prove negligence, a plaintiff must establish four basic elements: duty, breach of duty, damages, and causation. In the legal sense, a “duty” arises when one person has a responsibility to another to act in…

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Texas Appeals Court Holds that Statute of Limitations Was Tolled During Car Accident Defendant’s Out-of-State Vacation

Surely everyone knows by now that those who have been hurt in a Texas car accident or other vehicular wreck have only a limited time in which to file a lawsuit. Still, too many people put off talking to a lawyer about their case, making it more likely that their…

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Texas Appeals Court Affirms $650,000 Verdict in Car Accident Case, Despite Mention of Liability Insurance in Closing Argument

It may come as a surprise that, during the trial of a Texas car accident case, the jury will most likely hear very little, if anything, about whether the defendant was insured at the time of the accident. The thought behind the rule generally prohibiting such evidence is that, if…

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Texas Court of Appeals Says That Student’s Injury from Uncovered Fan Under School Bus Seat Resulted from “Use” of Bus, Triggering Jurisdiction in Trial Court

Most east Texas motor vehicle accident cases arise from a collision of some sort – typically, one vehicle striking another, as in a rear-collision or T-bone accident. Of course, there are other ways in which a person can be hurt by a vehicle. For example, a recent appellate case involved…

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Texas Car Crash Victims’ Suit Against Negligent Driver Dismissed Due to Failure to Exercise Due Diligence in Service of Process

The importance of retaining an attorney as soon as possible after being involved in an east Texas car or truck accident cannot be overstated. There are many deadlines that must be complied with, or else the injured party may forfeit his or her right to pursue fair and just compensation…

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