Commonly, lawsuits that involve the death of a plaintiff are called wrongful death lawsuits. But in Texas, personal injury death lawsuits can be filed as a wrongful death cause of action or as a survivorship cause of action. Often, death lawsuits combine both causes of action, but understanding the distinction between wrongful death and survivorship […]
Category Archives: Blog
The Million-Dollar Slip and Fall Case
The internet has a handful of stories of injured individuals who recovered a million dollars or more from a slip and fall case. But slip-and-fall cases are still looked down upon as lesser lawsuits. A plaintiff slipping on a banana peel in the supermarket comes to mind, but slip-and-fall cases are usually much more serious […]
Why Do So Many Lawyers Advertise for Truck Accident Cases?
Simply put, these cases are worth more than other types of motor vehicle accident claims. Truck drivers have larger insurance policies and often do more damage when they crash into much smaller cars. Most potential jurors have had or know someone who has had a bad experience with a semi-truck. Insurance companies pay a premium […]
Uber, Lyft, and Rideshare Liability for Accidents and Assaults
I am often asked if the parent company, Uber or Lyft, is liable for an accident or assault caused by their driver. In Texas, the answer to this question does not matter in most accident cases because the legislature has incentivized Uber and its drivers to carry higher amounts of insurance to cover most claims. […]
The Texas First Bite Rule for Dog Bite Cases
Many in Texas mistakenly believe that you may not sue over a dog bite if the dog has never bitten before. While Texas has a law commonly referred to as the “first-bite” defense, there are many ways around this defense. If the dog has known dangerous propensities the owner can still be held liable even […]
Tips for Passing Day One of the California Bar Exam
DOWNLOAD FULL TEXT ARTICLE Only 32.5% passed the February 2023 California Bar Exam. Failure to know the law after three years of law school and an extensive bar review course is not a logical reason for a 67.5% failure rate. Knowing the law is not enough. You must also be able to approach the law […]
Why Will No Attorney Take My Personal Injury Case?
Attorneys hear it all the time: “You are the 5th attorney I have talked to. No one will take my case. Why?” A good personal injury case, like a bar stool, needs three legs to stand. Those legs are: An injury Liability, and A person or insurance that can pay the damages. Cases that lack […]
The Five Theories of Product Liability.
Product liability law varies from state to state, and it is best to consult a board certified personal injury lawyer in your state about your claim, but the five most common ways to prove product liability are: Strict liability Negligence Warranty Misrepresentation and Intent Strict liability, the most often pursued avenue of liability, requires the […]
A Brief Overview of the Personal Injury Tort of Business Defamation
Defamation is an intentional tort cause of action handled by personal injury lawyers. While most people are aware that a person can be defamed, a business can also bring a case for defamation. The minimum requirements for a defamation claim include: A statement that is false, A statement that tends to hold the business up […]
Why are Intentional Tort Personal Injury Claims Often Overlooked?
The short answer is insurance coverage. Most insurance covers negligence claims but does not cover intentional tort claims. As a result, there is often no insurance money to pay on an intentional tort claim. As a rule, insurance is designed to protect a victim of an accident or mistake. If you are injured because of […]
