Articles related to Texas personal injury law, produced by our Dallas law firm, to help answer important questions you may have about personal injury in Texas.
A demand letter is a powerful negotiating tool. Find out how our personal injury lawyers write one to help maximize an injury settlement.
Your demand letter is possibly the most critical tool in the settlement negotiations process besides your lawyer themselves.
Don’t worry, you won’t be writing it. Your lawyer will because it’s critical to present all the facts and circumstances in a way that positions you well.
We’re not talking about manipulation or exaggeration here. This is a settlement tool we need to use on your behalf to make sure you don’t get run over by the insurance company.
Once we’ve compiled all the information and facts about your case (all medical bills and records, any necessary witness affidavits, etc.), we can create your demand letter.
Here’s some tactics that might be used to craft the strongest possible demand letter on your behalf:
The Individual Facts of Your Case
The insurance company will always […]
How does compensation for “pain and suffering” work? It’s pretty murky. You should have a good personal injury lawyer.
You get hurt in a car accident. And of course it’s going to cause you plenty of mental distress.
You’ve heard about people in other lawsuits who seek money for “pain and suffering.” You know the stereotypes associated with those damages.
So should you, in your unique situation, be entitled to recover damages for “pain and suffering?”
How can anyone put a dollar amount on your personal level of pain and suffering anyway?
As you may already have guessed, this is not a clear or easy-to-resolve issue. We can’t say how your situation will play out. But, we can give you the basics of how “pain and suffering” usually works.
What Factors Affect How Much You May Recover for “Pain and Suffering?”
Here are a few factors that can impact damages for pain and suffering:
How severe your […]
$85,000 gross recovery for injury following premises liability accident at apartment complex in Fort Worth, TX. Outstanding settlement by attorney for client injured when a portion of her living room roof collapsed.
Our client was injured in the living room of the apartment she rented in Fort Worth, Texas. She sustained her injuries when a portion of the ceiling collapsed and struck her head, neck and shoulders, causing her to fall. She had to be taken to the hospital by ambulance.
Comments from Attorney Joseph Morrison: I moved quickly to secure the evidence necessary to demonstrate apartment complex employees and management were negligent. We obtained evidence of a prior roof repair in the kitchen of the apartment unit. This suggested that, had apartment complex employees performed a thorough inspection of the premises at the time of the prior repair, they would have discovered the living room also had structural integrity issues.
Remember: Premises liability […]
Outstanding $907,500 settlement by attorneys for an injured worker who didn’t have health insurance. Construction accident resulted in a lumbar spine injury and foot/ankle injury that both required emergency surgery.
Our client was injured when he fell from a substantial height while working on a large construction project due to a board not being properly secured. He was rushed to the hospital and underwent two emergency surgeries. He was left with hardware in both his spine and foot/ankle.
Remember: If you have been injured in a construction accident it is imperative to contact an attorney as soon as possible. Many projects involve countless contractors and subcontractors. These parties need to be quickly identified to best protect your legal rights.
Comments from Attorney Joseph Morrison: It was obvious from the onset that our client had suffered truly significant injuries. He didn’t have health insurance and our first order of business was assisting him to […]
The insurance company wants you to give them a recorded statement. But, you don’t have to give them one! Find out when you should and shouldn’t in this post.
By this time in your life, you’ve probably given at least one recorded statement to an insurance company before.
Did you know you don’t have to do that at all?
Yes, the claims adjuster comes into the situation and approaches it like they make all the rules. They don’t give you a choice. They recite what they have to and ask you to give a recorded statement about your car accident.
Here’s the thing: they know most people say “yes” because they feel obligated to.
But, there’s no written law anywhere that says you have to. It doesn’t exist in Texas. And the Federal Government has not written any such law. It simply does not exist.
The Big Problem with Giving Recorded Statements to Insurance Companies…
Insurance companies […]
Telecommuters suffer workplace injuries too – but do employers have to cover them with worker’s comp?
A construction worker falls off some poorly built scaffolding. He breaks his leg and severely sprains his ankle. A truck driver at a work site hits another worker. He’s bruised and battered, but thankfully he’ll be okay.
You work at a computer from home all day. Your wrists hurt too badly to keep typing. Or your back is too sore to sit in an office chair, so you need to see the doctor.
Everyone thinks of construction site injuries as one of the most common types of worker’s compensation injuries.
But what about the growing telecommuting force?
This chart shows 1.8 million people telecommuted to work in 2005. That number doubled to slightly more than 3.6 million in 2014, accounting for 2.5% of our nation’s total workforce.
And that trend’s expected to grow explosively over the next 10 years.
So there’s […]
In any potential personal injury situation, the defendant may be able to use an “assumption of risk” defense. Learn what it is and how it works.
It’s easy to think that, based on what you see on the news and investigative reporting, most personal injury suits are frivolous.
The truth? Some certainly are. That’s just a fraction though.
But most aren’t. Again, the media distorts our reality.
Legally, there is a defense the other party can use called “the assumption of risk.”
This means that if you “knew, or should have known” something was dangerous or wrong, you can’t recover money for your injuries.
So let’s say you’re at your friend’s house in the winter, and you decide it’s a good idea to sled off the roof into a snow bank. You can’t sue them if you break an arm. Or if you go hiking together and you severely sprain your ankle, you can’t sue them […]
What happens when both you and your family member, or multiple family members, get injured in a car accident? Can you all have the same lawyer?
You and your family member both receive injuries in a car accident.
Can a personal injury lawyer represent both of you?
Most likely, yes.
But, some exceptions exist.
Check out why and what they could be.
The Biggest Problem: A Conflict of Interest
Legally, a “conflict of interest” happens when a lawyer represents one client, but that could harm the interests of another client. It could happen in a car accident case where either you or your family member had partial fault for your injuries.
Another situation where this could happen is when not enough money’s available to compensate both you and your family member for your injuries. For example, if the vehicle that caused the accident had 2 passengers in it that were also injured and only $60,000.00 was available to compensate […]
Workers’ comp gets tricky and confusing. Learn which kinds of injuries are and are not covered in this post.
You’re at work at your construction job. A truck driver backs over your foot. That’s an obvious work-related injury. Workers’ comp has to cover it.
Now, let’s say you’re getting depressed. The people you work with aren’t the nicest human beings. Fights and arguments are common where you work. You don’t like what you do all that much.
Does worker’s compensation cover your depression?
Workers’ Compensation Covers Injuries that Happen on the Job
Not all on-the-job injuries are covered by workers’ compensation (more on that in a second), but most are. Generally, if you’re doing something related to your employment, and you get injured, you should be covered by workers’ compensation.
Anything at your physical workplace should be covered. If you’re injured while traveling for work, or if you’re at a conference, or you run to the […]
You won your lawsuit, but will you actually receive your check? Find out how the process of collecting money after the judgment works.
90% of injury cases settle without going to trial, but if yours does involve litigation, here’s how the money is collected.
After months, maybe even years, of long and hard work, you’ve finally won your lawsuit. So when’s your check going to come?
It’d be great if you got it as soon as possible. But remember, your personal injury lawyer has processes to go through yet.
Let me explain how it works:
First, The Defendant Must Let Their Right to Appeal Pass
After the verdict, the defendant has 30 days to file an appeal. Appeals rarely happen, so you don’t have to worry about them. But it is their legal right. So it may take at least another 30 days before you get your check.
Will the Debtor File Bankruptcy?
Many times, […]