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Articles Posted in Personal Injury

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Car Accident Lawsuit Dismissed Due to Failure to Comply with Texas Statute of Limitations

In a Texas automobile accident case, the plaintiff has only a certain amount of time in which to file a lawsuit against the negligent driver whom he or she believes caused the accident at issue. The plaintiff must also take timely steps to see that this paperwork is served upon…

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Texas Appellate Court Refuses to Excuse Untimely Service of Process, Saying Hurricane Harvey Only Caused Small Portion of Delay

Getting started on an east Texas car accident case as soon as possible is very important. When a would-be litigant sits on his or her rights, he or she risks possible dismissal of what might otherwise be a valid and potentially valuable claim, if certain procedural hurdles are not met.…

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No Vicarious Liability to Employer of Motorist Who Stopped by Future Work Site When Off-the-Clock, Per Texas Appellate Court

Generally speaking, when a motorist causes an east Texas car accident while he or she is “on the clock,” the motorist’s employer may be named as a defendant in a resulting lawsuit and potentially held vicariously liable to the injured party for his or her medical expenses, lost earnings, and…

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Texas Court of Appeals Says Failure to Give Timely Formal Notice Was Fatal to Claim Against City

Timeliness is extremely important in the litigation of an east Texas automobile accident case. Even if you are already of aware of the date that the statute of limitations runs in your particular case, there may be other requirements (with earlier deadlines) that require your attention – especially if a…

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Texas Court of Appeals Says Jury Should Have Been Asked to Assign Percentage of Responsibility to Parties in Intersection Car Crash Case

Even in a “simple” east Texas car accident case in which one driver seeks monetary compensation from another motorist whose negligence obviously caused the crash, things can get complicated.This is all the more so when two drivers blame each other for an automobile accident. In such a situation, it is…

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Car Accident Victim’s Deceptive Trade Practices Act Claim Was Time-Barred, According to Texas Court of Appeals

State law places an outer limit upon the time that victims of an east Texas car accident may assert their rights in a court of law. Referred to in legal parlance as the “statute of limitations,” this time period is absolute in most cases. While there are a few, limited…

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Jury Sides with Defendant in Car Accident Case in Which Plaintiff Had Pre-Existing Medical Conditions -Texas Appeals Court Affirms

Even in situations in which liability for an east Texas car accident is clear, there are several factors which can potentially jeopardize the plaintiff’s case. For example, if a plaintiff has pre-existing medical conditions, this can be a factor considered by the jury in determining whether the physical problems about…

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Texas Court Deals With Issue of Allegedly Prejudicial Reference to Injured Woman’s Immigration Status in Truck Accident Case

Immigration is a hot-button issue these days. From the feasibility of building a wall to the propriety of separating parents and children at the border, it seems there is a story in the news pertaining to immigration nearly every day. The subject of immigration can even arise in an east…

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Texas Court of Appeals Says Cause of Action for Medical Expenses Incurred While a Minor Belonged to Parents, Rather than Child

When someone brings a lawsuit seeking compensation for injuries suffered in an east Texas automobile accident, he or she may ask for reimbursement for past medical expenses, along with compensation for medical costs that may reasonably be expected to be incurred in the future. However, even in cases in which…

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Texas Appeals Court Says No Damages Should Have Been Awarded After Tire Comes Off Truck and Causes Accident

In most east Texas car accident cases, the plaintiff must prove, by a preponderance of the evidence, each of the four distinct elements of negligence:  duty, breach of duty, causation, and damages. Occasionally, however, a case arises in which a legal doctrine known as res ipsa loquitur applies. Res ipsa…

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