FAQ: What is Modified Comparative Fault?
Texas is a Modified Comparative Fault state. An injured person who seeks compensation must prove that the other party is at fault. If more than one person is at fault for the injuries, each party is responsible for compensating the injured person based upon the percentage of responsibility. If the injured party is partially responsible
Read MoreFAQ: What is a Contingency Fee?
A form of payment for a lawyer, where the lawyer agrees to accept a fixed percentage of any recovery. If there is no recovery, the injured party is not required to pay their attorney for work done on the case. A Contingency Fee is a pre-determined percentage of any recovery achieved. The division is often
Read MoreFAQ: What is a Bad-Faith Claim?
An assertion that one engaged in an intentionally dishonest act of not fulfilling legal or contractual obligations, mislead another person, entered into an agreement without any intention or means of fulfilling it, or violated basic standards of honest behavior. Bad-Faith Claims are most commonly applied against insurance companies, which have a duty to deal fairly
Read MoreFAQ: What is an Assumption of Risk?
Assumption of Risk is an affirmative defense against a claim that asserts that the injured party “freely and knowingly” engaged in risky activity, relieving the defendant of having to act with Reasonable Care. In Texas, the Defendant must prove that the Plaintiff gave express oral or written consent before encountering the risk. This is known
Read MoreFAQ: When can I sue for false advertising?
Companies and businesses frequently make bold assertions in their marketing campaigns, and sometimes the products or services marketed do not measure up to what is promised. You can generally bring a lawsuit for false advertising against a business even if they include disclaimers in their marketing or make accurate statements, as long as the advertising
Read MoreFAQ: Is it possible to sue a city or county?
Because government entities in Texas are typically protected by sovereign immunity, it can be challenging to bring a lawsuit against a city or county. However, state law does allow it under some circumstances, including for motor vehicle accidents. You can hold a government entity or municipality liable for specific types of damages, which are outlined
Read MoreFAQ: Is Texas a no-fault insurance state?
No. Texas is a “at-fault” state. In a no-fault insurance state, victims of car accidents turn to their own auto insurance provider to pay for medical expenses and lost wages. In Texas and other “at-fault” states, victims of traffic collisions file a claim against the insurance provider of the person who caused the accident. The
Read MoreFAQ: How long does a Texas judgment last?
How Long Does A Judgement Last In Texas? A Texas judgment is valid for 10 years once it has been signed by a judge. It can be renewed indefinitely. A judgment can go dormant after those 10 years have elapsed, but you can revive it by filing a motion with the court. Do judgments show
Read MoreFAQ: What is “full and fair compensation?”
Full and fair compensation refers to the total amount of restitution you deserve for the economic and non-economic losses you have suffered as the result of an accident. These losses could include medical bills, damaged property, lost income, diminished earning potential, and pain and suffering, among others. Obtaining full and fair compensation is complex. Insurance
Read MoreFAQ: How do I maximize my personal injury settlement?
The easiest way to maximize your personal injury settlement is to hire a personal injury attorney. About Personal Injury Settlements … Insurance companies are tough negotiators, and their ultimate goal is to save themselves and their shareholders money. Insurance companies employ many tactics to minimize the amount they pay out, one of the most common
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