FAQ: Is the information I share with my attorney confidential?
Attorney-Client Privilege ensures that anything you tell your lawyer in relation to your case cannot be shared with any outside party without your expressed permission. This even includes sharing information with the court, although revealing certain information will likely be required in order to proceed with a personal injury lawsuit. In order for a conversation
Read MoreFAQ: What if I am injured by an uninsured person?
The Texas Department of Insurance (TDI) estimates that 20% of Texas drivers do not have insurance. In other words, roughly one in five car accidents are caused by an uninsured driver. These can be some of the most difficult situations from which to recover your losses. Doing so will almost certainly require the help of
Read MoreFAQ: Should I speak with the At-Fault Party’s Insurer?
No, you should not speak to the insurance company of someone who injured you or damaged your property. The insurance company represents the At-Fault Party. They are not inherently good or bad, but they do not have your best interests at heart. Lower settlements mean higher profits. If you speak to an adjuster at the
Read MoreFAQ: What is Maintenance and Cure?
Maintenance and Cure is an aspect of the Merchant Marine Act of 1920 (aka The Jones Act). It states a seaman who is injured on the job is entitled to certain benefits: Maintenance – Day-to-day living expenses (food, rent, necessary utilities, homeowner’s insurance) Cure – Medical expenses (hospital and doctor bills, medication, medical tests, medical
Read MoreFAQ: What is a Gross Recovery?
The Gross Recovery is the amount either awarded by the courts or agreed upon in a settlement. From this number, Attorney’s Fees, Attorney’s Expenses and any Medical Subrogation (reimbursement) are subtracted. The remaining amount is the Client NET Recovery. In other words, this is the amount the Plaintiff receives upon a case successfully concluding after
Read MoreFAQ: What is Actual Cause?
Actual Cause is the most simple form of causation in an incident. For instance, Car A t-bones Car B. The actions of the driver of Car A are the actual cause of the accident. A court considers proximate, or legal, cause when evaluating an accident. They must examine any series of actions and events that
Read MoreFAQ: What is the Burden of Proof?
The Burden of Proof is the legal standard required to prove a case in court. In Texas civil cases, which include personal injury lawsuits, the Burden of Proof is known as “preponderance of the evidence”. This standard requires that a jury or judge find a greater than 50% chance that the Plaintiff’s version of the
Read MoreFAQ: What is Transferred Intent?
The issue of Transferred Intent occurs when a defendant intents to harm one specific person, but instead injures another person (or both). It falls under TEX. PEN. CODE ANN. 6.04(b)(2) (Vernon 1994); Manrique v. State, 994 S.W.2d 640, 647 (Tex. Crim. App. 1999). The classic example of Transferred Intent is Dowden v. State. Although a
Read MoreFAQ: What is Vicarious Liability?
In a normal personal injury case, Person A engages in a negligent act and injures Person B. As a result, Person A is liable for the injuries. Vicarious Liability is a form of indirect liability that occurs when parties have a particular relationship or agency between them. The most common forms of Vicarious Liability are:
Read MoreFAQ: What is Strict Liability?
Strict Liability… … occurs when a person engages in certain actions, and requires neither negligence, recklessness nor intent. The most common actions to incur Strict Liability include: Abnormally dangerous activities such involving things like explosives, chemical materials or radiation. Product defects where injury was reasonably foreseeable. Animal bites that occur beyond the One Bite Rule.
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