Comparative Negligence in Texas

What should I do if I think that the accident was partly my fault? Texas is a comparative responsibility state. That means if your case goes to trial, there will be a question that will go to the jury asking them to assign a percentage of liability to each of the parties involved. Once the jury has assigned a percentage …

Car Accidents with Uninsured Motorists

What can I do when it turns out that the driver who caused the accident does not have insurance? There are sometimes other responsible parties against whom we can make a claim. For example, if the other driver lost control of the vehicle because of a defect with that car, then there may be a claim against the party who …

Workplace Injuries and Third-Party Actions

What if I am injured while I am working by a person or entity who is not my employer?   If you are within the course and scope of your employment, you will be covered under your employer’s workers’ compensation coverage.  In Texas, if you are in the course and scope of your employment and you are injured by the negligence …

Future Medical Care, Future Lost Wages and Annuities

What circumstances typically lead to higher pain and suffering judgments?  Typically, what higher pain and suffering damages result from injuries that are visibly painful. By that I mean broken bones, cuts, stitches, burns or surgery. These are the types of injuries that a jury can look at and automatically understand the pain involved.   I can work, but I can …

Workers Compensation FAQs

Q: What types of injuries qualify for workers compensation? Texas is a no-fault workers compensation state. Generally, this means if you work for a company that carries workers’ compensation insurance, then you will be compensated regardless of how or why you were injured in the workplace. How Are Workers Compensation Benefits Calculated? As an injured employee, you will be entitled …

Damages in a Car Accident Lawsuit

If I’ve been injured in an auto accident, what goes into determining what the value of my case is? When evaluating a car accident case, we consider primarily the following issues: type of injuries, medical expenses, past and future, amount of property damage, and lost wages, past and future.   What can I recover from the other driver’s insurance company …

How soon after the death should I meet with an experienced wrongful death lawyer?

It is best to meet with an experienced wrongful death lawyer quickly so that there is an opportunity to preserve as much evidence as possible.  A statute of limitations specifies the time you have to file your case and we want to make sure that we secure any evidence out there before it disappears. If we take the case, we …

Settlement Offers from Car Accident Insurance Companies

What should I do if an insurance company makes me a settlement offer? You should certainly talk to a lawyer if you have been offered a settlement from the other driver’s insurance company. Ideally, you want to speak with an experienced car accident lawyer immediately following your accident so that the lawyer can assess your damages and determine the correct …

Two Different Causes of Action: Survival & Wrongful Death

In Texas, we have two types of actions arising from the death of an individual: wrongful death and survival. They are two separate causes of action and, oddly, survival goes to the estate of the individual who died and wrongful death goes to the surviving beneficiaries. A survival action allows for damages that the victim suffered from the time of …

Working with Insurance Companies After a Car Accident

Should I notify my insurance company of the accident? Yes, if you’ve been in an accident, you have to let your insurance know about the collision to make sure that you do not void any insurance coverage that you might have.   Should I also make contact with the other driver’s insurance company? You should make contact with the other …