FAQ: 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 MoreFAQ: 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
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