Archive for the ‘General Personal Injury Law’ Category

Preemption laws remove right to sue those responsible

December 18th, 2008

In considering the Bush administration’s last minute regulations, examining the the efforts at pre-empting lawsuits in state courts, MSNBC with Keith Olberman (12/16, 8:32 PM EST) reported that in “the little of one month remaining in the administration, the American Association for Justice, a group representing America’s trial lawyers, have identified a dozen rules published for public comment, which [...]

Texas insurers lay down a smoke screen in fire case

December 18th, 2008

Great American Insurance Company has given a whole new meaning to the term “smoke screen.” Not to mention the words “great American.”
Earlier this week, the Houston Chronicle’s Mary Flood reported that the Cincinnati-based insurer asked a federal court judge to help it avoid a potential $25 million liability in a Houston office fire last year [...]

Do Texas Police Have to Make An Accident Report?

December 1st, 2008

Question:  I was hurt in a car wreck, but I never got a police report.  Does a police officer have to write a police report after a car accident?
I am sorry to hear about your car accident and resulting injuries.  I am also sorry to hear that you are having problems with the at-fault driver’s [...]

Texas Intentional Torts, Assaults and other Bad Acts

November 26th, 2008

I was violently assaulted at a night club; can I bring a claim against the person who assaulted me, or the night club?
People who commit intentional actions such as assaults are liable for damages due to such bad actions under Texas law.  An assault can constitute not only a physical beating, but even a threat [...]

Texas Employer Liability for Employee Actions

November 24th, 2008

I was injured by an employee of a company.  Can I sue the employer of that person?
What you are asking seems to be whether an employer can be liable for the acts of his employee.  Under general tort law principles, an employer can be liable for the acts of his employee.  This legal principle is [...]

Can I be held responsible for my children’s negligent actions?

November 19th, 2008

 
“Will my child’s torts make me liable?”
Tort comes from the Latin word “tortus” which means “wrong”.  A tort is defined as a private or civil wrong or injury resulting from a breach of a legal duty that exists by virtue of society’s expectations regarding interpersonal conduct, rather than by contract or other personal relationship.  In [...]

Texas Paid Versus Incurred—what is the proper measure of injury damages?

November 4th, 2008

I was seriously injured in a car accident, but my insurance paid most of my medical bills; can I still bring a claim against the at-fault driver, and how much could I collect?
If a person is seriously injured due to the negligence of another, and their insurer pays any part of their medical bills, they [...]

Texas Road Rage - Learn Your Rights.

October 23rd, 2008

Question:   How prevalent is “Road Rage” and just how serious a problem is it?
Road rage is also known as “aggressive driving.”  It’s important to note just how dangerous road rage related accidents are and how serious the resulting injuries can be.  Oftentimes, the high speed and abrupt maneuvers that occur during road rage accidents can [...]

Texas Statute of Limitations for Personal Injury Cases

October 20th, 2008

What is a personal injury and what is the timeframe to bring a claim forward?
In a previous post, we talked about the steps to bring a lawsuit.  However, before a personal injury claim is made, there must be an injury. 
Black’s Law Dictionary defines personal injury as “a hurt or damage done to a man’s [...]

How Federal Preemption is Seeking to Destroy Your Rights

October 15th, 2008

Today, the American Association of Justice (AAJ) released a series of documents that detail how helping negligent corporations escape accountability has been a top priority for the Bush Administration. The documents were obtained through repeated Freedom of Information Act requests by AAJ and reveal how the Bush Administration has silently ordered federal agencies to usurp state [...]

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