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Articles Posted in Personal Injury

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Mandamus Relief Granted After Texas Court Shortens Discovery Period by Nearly Half in UM Benefits Case

Under Texas law (Texas Rule of Civil Procedure 169, to be exact), there is an “expedited actions process” through which parties to certain civil litigation may ask the court to fast-track their claims. East Texas car accident cases in which $100,000 or less is sought in damages are among the…

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Texas Supreme Court Rules in a Car Accident Case Arising from Accident Allegedly Caused by Drilling Company Employee

An issue that sometimes comes up in an east Texas car accident case is whether or not a certain business or company is vicariously liable for a crash caused by someone who worked for that business or company. The resolution of this issue can greatly affect the amount of monetary…

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Texas Court Denies Mandamus Relief to Defendants Who Sought Dismissal of 2010 Car Accident Case

There are many issues of timeliness in an east Texas car accident case. First, there is the statute of limitations, which governs the time the injured party has to file his or her claim in court. The statute of repose may also come into play if there is a product…

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Injured Woman’s Claim Against Allegedly Negligent Driver’s Employer Failed Due to Lack of Evidence, Per Texas Court of Appeals

Everyone knows that the outcome of a divorce case is often based on the resolution of “he said, she said” factual disputes. East Texas car accident cases are similar in this regard, although it may be “he said, he said” or “she said, she said,” depending on the gender of…

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Clause in Lease Agreement Pertaining to Work at Entertainment Venue Required Arbitration of Texas Dram Shop Claim

When alcohol is a factor in an east Texas car accident, the defendant in the case is usually an allegedly intoxicated driver whose negligence or recklessness caused or contributed to the crash. This is not always the case, however. Under the Texas Dram Shop Act, an establishment that “over-serves” a…

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Texas Court Holds that Car Accident Case Was Properly Dismissed Due to Untimely Service, Even Though There Was Compliance With the Statute of Limitations

Most people who have been injured in an east Texas auto accident are at least somewhat aware that there is a deadline for filing a negligence claim against the at-fault driver. Called the “statute of limitations,” this important deadline is non-negotiable; if you miss it, your case is going to…

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Twelfth District Court of Appeals of Texas Affirms “Take Nothing” Judgment in Car Accident Case in Which Only Part of the Defendant’s Deposition Was Admitted at Trial

When people outside the legal field think about an east Texas car accident case, they may envision a courtroom scene with the parties giving their respective testimonies to a jury while a black-robed judge looks down from the bench, glaring at counsel when an objection is sustained. The truth is,…

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Texas Appeals Court Affirms Take-Nothing Judgment, Even Though Defendant Backed Into Plaintiff’s Vehicle

The right to a trial by jury is fundamental to our legal system. In an east Texas car accident lawsuit, the possibility of a jury determining fault and assessing the amount of damages due to an injured person can be a strong encouragement for negligent drivers and their insurers to…

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Texas Court Denies Mandamus Relief to Trucker and Trucking Company That Sought Leave to Designate “Responsible Third Party” in Accident Case

In a Texas truck accident or car crash, it is possible that the negligence of two or more individuals may be found to have contributed to the wreck. Under the principles of proportionate responsibility and comparative fault, the plaintiff may receive less than his or her total damages in such…

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