FAQ: What is the Preponderance of Evidence?
In Texas personal injury lawsuits, the burden of proof is based upon a preponderance of evidence standard. In other words, the plaintiff must show that it is more likely than not that the defendant caused the accident, and that injuries received by the plaintiff were as a result of that accident. The actual amount of
Read MoreFAQ: What is Loss of Consortium?
Loss of Consortium is a damages claim, where a family member has lost companionship with the injured party. Damages can be recovered for both past and future losses, but the injured person must have received an actual physical injury. Mental anguish is insufficient for a Loss of Consortium claim. Typical forms of loss of consortium
Read MoreFAQ: What is a Letter of Protection?
Settling a personal injury claim can take considerable time. And, if the sides cannot reach an agreement and the case goes to trial, the time to resolution can be even longer. Meanwhile, the injured party’s medical bills are stacking up, especially if she does not have insurance. And even if she is insured, her insurance
Read MoreFAQ: What is Just Compensation?
Just Compensation is the Fair Market Value that the injured party receives in compensation of their injury. The calculation of Just Compensation is specific to every case, but generally includes: Medical costs and property damage Future medical expenses and lost income Emotional distress from the injury Non-economic damages Naturally, insurance companies are not inclined to
Read MoreFAQ: What are Intentional Wrongs?
A tort that occurs when someone intentionally hurts another person. While such actions may result in criminal charges, they can also lead to a CIVIL personal injury lawsuit. The most common Intentional Wrongs in Texas are: Battery Assault Trespass to Land False Imprisonment Intentional Infliction of Emotional Distress Trespass to Chattels Conversion Defamation There are
Read MoreFAQ: What is Gross Negligence?
Under Texas law, the defendant in a personal injury case is guilty of gross negligence when he or she consciously and voluntarily fails to use reasonable care in a manner that is likely to cause grave injury or harm to person or property. The defendant must have had actual, subjective awareness of the risk, yet
Read MoreFAQ: Can I File a Claim Against the Texas Government?
If your injury results from the potential liability of a State of Texas agency or its employees, your case is a complicated one and does not conform to many of the timelines and amounts you can sue for when compared to a standard lawsuit. You need to file a formal claim with the governmental agency
Read MoreFAQ: What is Full and Fair Compensation in Texas?
Full and fair compensation refers to the total amount of restitution an injured party deserves for the injuries he or she received. Types of damages in Texas include: Economic Damages Medical expenses, property replacement, lost income, loss of earning capacity Non-Economic Damages Pain and suffering, mental anguish, disfigurement or impairment, loss of enjoyment of life
Read MoreFAQ: Can you Sue for Emotional Distress in Texas?
Emotional distress claims attempt to address the damage cause by mental anguish. Beyond the emotional trauma caused immediately by the injury, the injured party can be distressed by changes in lifestyle the injury causes. Such claims can be hard to prove as jurors are unable to see these injuries, as you can with broken bones
Read MoreFAQ: What is the Duty to Mitigate Damages?
A person that is injured by another has the legal obligation to take reasonable steps to minimize the effects and losses caused by the injury. The defendant in an injury case may claim a breach of this in order to reduce the amount of compensation awarded. Examples of a failure in the duty to mitigate
Read More
