FAQ: What is the Statute of Repose?
Under Texas law, a potential plaintiff has two years to file a lawsuit from the time an injury is discovered. This is the statute of limitations. A statute of repose limits the time to file a lawsuit based factors separate from when the injury occurred and/or was discovered. For instance, the statute of response for
Read MoreFAQ: What is Respondeat Superior?
Respondeat Superior applies liability to an employer for the actions of its employees in certain cases. Generally, the injury must have occurred “within the scope of employment”. Specifically, the plaintiff must prove that the employee’s actions were: Within the general authority granted by the employer, In furtherance of the employer’s business, and For the accomplishment of
Read MoreFAQ: What is Reasonable Care?
Reasonable Care is a duty held by both individuals and businesses, to provide reasonable care in their actions. Unreasonable actions that result in injury may be a cause for a negligence claims. In the case of an individual, Reasonable Care requires a driver to stop at a red light. If the driver runs the red
Read MoreFAQ: What are Punitive Damages?
Punitive Damages in Texas As opposed to Compensatory Damages, which aim to make an injured party whole, Punitive Damages are intended to punish a defendant and serve as a deterrence to others. Such damages are not always awarded, but are most often granted in cases of gross negligence, extreme recklessness or malicious motives. In Texas,
Read MoreFAQ: What is Proximate Cause?
Texas courts break down causation into two types: actual and proximate. Generally a plaintiff must prove both types to win a case. Actual cause is fairly straightforward. Suppose the defendant is texting while driving, and rearends the plaintiff. The defendant’s actions are the actual cause of the accident. Proximate cause is usually more complex, and
Read MoreFAQ: 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
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