Being sued is certainly stressful, yet most of the time, needlessly. If this claim stems from an auto accident, contact your insurance company and let them handle the case and worry about it. If you have coverage, the insurance company will provide a qualified attorney to handle the matter. The... View More

Generally, the insurance carrier for the negligent party will only pay up to their policy limits on a claim. If you have underinsured motorist coverage on your auto policy, that policy can provide coverage on top of the limits from the adverse insurer. There are certain very limited circumstances... View More

I am sorry for your loss. The law in Texas allows parents, children and spouses to bring a wrongful death claim for the loss of the family member.

Proper defendants usually are the truck driver and the trucking company. Others can be a potential defendant, depending on the facts, like the maintenance company (if the truck is improperly maintained) or the leasing company in some circumstances. I am sorry for your loss.

Contact your auto insurance company right away and make sure you tell them about the lawsuit being filed against you.

This is a question you should cover with your attorney if you have one. If you don't have a lawyer look for a good one close to your home.

In Texas, wrongful death claimants are limited to parents, spouses and children. See CHAPTER 71. WRONGFUL DEATH, Texas Civil Practices and Remedies Code.

The best approach is for your girlfriend to speak with a personal injury attorney. Whenever there is a drunk driver involved there is a possibility of punishment or exemplary damages. Insurance companies do not want to try a case to a jury that involves a drunk driver. There's too much risk on... View More

Texas is a proportionate responsibility state. Which means a jury will usually decide who caused the accident and the percentage of fault (if any), for each party. Wearing headphones would not disqualify someone for the right to bring a lawsuit after an accident.

In Texas and the wrongful death statute provides the basis for the wrongful death lawsuits. In effect, a wrongful death case is the person's personal loss of their family member. So it is not as easy as calculating the lost wages of the decedent. Pecuniary losses are provided for and those... View More

There is not enough information here to answer your question definitively. Generally, dismissal without prejudice allows one to refile a case if there is not another bar to re-filing. You should consult with an attorney in your area about the specifics of this claim.

In Texas, the people who are proper wrongful death beneficiaries are the spouse, children and parents. Companionship legally in Texas is basically the love, affection and companionship one has lost and is determined on an individual basis.

Most likely yes, but it will depend on the insurance you have for work. Most policies have subrogation rights requiring a person who collects money from a 3rd party from an accident to pay them back for the bills they paid for you. It depends on the specific policy paying your bills. Many of the... View More

The general statute of limitations in Texas is 2 years for car accidents. There are a few exceptions such as minors.

Generally, there are three factors that attorneys use to evaluate a personal injury claim. They are, liability, damages and ability to pay.

Liability

the first analysis is always liability because if you do not get past liability the analysis stops. In effect, the plaintiff or injured... View More

You can look at the public records of the case which will reflect the verdict. Many courts allow such searches online.

This type of civil case is based upon a negligence cause of action- and the allegations are usually that the owner of the business was negligent in how they handled security or negligent for failing to provide security.

In most cases the injuries need to be very serious in order to justify... View More