The primary reasoning behind the civil tort of negligence is that those who fail to act in a reasonably prudent manner should be held accountable to those hurt by their actions (or inactions). Just as direct negligence can be used to hold a careless individual liable in court, vicarious liability…
In order for a trial court to adjudicate a case, it must have jurisdiction (both personal jurisdiction and subject matter jurisdiction) over the matter at hand. The same is true for an appellate court. It also must have jurisdiction over an appeal before it may proceed. The mere fact that…
Truck accidents hurt or kill thousands of motorists, passengers, and pedestrians each year. Sometimes, even truckers themselves perish in these accidents. A recent case illustrates the challenges that arose when a deceased trucker’s family attempted to seek compensation for their loved one’s wrongful death in a lawsuit that claimed a…
When a driver’s negligence or recklessness causes a vehicular accident that results in an injury or death, the at-fault driver can be held financially liable for damages resulting from the accident. In personal injury cases, these damages include lost wages, medical expenses, pain and suffering, and more. In wrongful death cases, the deceased accident victim’s…
When pursing a personal injury case against a negligent or reckless driver, it is in the plaintiff’s best interests to thoroughly investigate all theories of liability and identify all potential defendants prior to filing suit. If the driver was employed and arguably “on the job” at the time of the…
One of the most important reasons to contact an attorney as soon as possible after a car accident is so that the injured person, or the family in the case of a fatal accident, can be represented during the critical investigation phase of the case. Since the negligent party’s insurance company…
Before a court can render judgment in a lawsuit, it must have both subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction, also called in rem jurisdiction, refers to the general category (i.e., subject matter) of the case. For instance, a state probate court lacks subject matter jurisdiction over a federal criminal…
The success of any motor vehicle negligence case depends in large part on the facts surrounding the accident and the knowledge and experience of the plaintiff’s counsel. In order to state a claim on which relief may be granted, the injured victim must also anticipate and address any potential defenses…
Farmers Insurance Group has agreed to pay $84,000,000 in damages to settle a 2002 lawsuit which alleged that Farmers violated the Texas Deceptive Trade Practices and Consumer Protection Act as well as the Texas Insurance Code by charging unaware policy holders higher premiums for less coverage. The Texas Department of…
The Texas Wrongful Death statutes fail to compensate many legitimate injuries while preserving the right to make a claim of many who have no damages. One example is the case of Syleta Harkins. In July of 2013 Syleta Harkins, an autistic, nonverbal, disabled adult, was left in a group home…