The Attorneys at our Law Offices Discuss Mediating a Personal Injury Lawsuit in Texas

In the movies and on television, the practice of law is usually done in courtrooms with a charismatic lawyer screaming out “Objection, Your Honor!” In reality, many methods exist to resolve a case and most are far less complex and stressful than taking the case to court. An expert personal injury lawyer begins preparing his or her case as soon as he or she takes it, but the purpose of building a strong case is not to go to court, but to force the defendant or their insurer to reach a fair settlement without going to trial.

While an assertive attorney is never afraid to take the matter to court, most commonly, the best way to settle a case is through mediation.

If you have suffered a personal injury, mediation may be the best venue for you to seek restitution. Texas attorney and his team of lawyers at our Law Offices are here to explain mediation to you and help you decide if it’s the best option for settling your personal injury claim.

What is Mediation?

Mediation is designed to cut down on the amount of litigation by permitting attorneys for both the victim (plaintiff) and defendant to meet personally with an unbiased third party and see if the case can be resolved without going to trial. Both sides have the opportunity to present the evidence that would use in court, if the case comes to that.

Generally, the two parties in a lawsuit agree to mediation after the suit has been filed but before the trial is scheduled to begin. Both parties are […]

Intervening Causes in Personal Injury Cases

Houston Personal Injury Lawyers » Intervening Causes in Personal Injury Cases

What is an Intervening Cause in Relation to a Personal Injury Claim or Lawsuit?

One of the elements of proving negligence in a personal injury claim is causation. To be awarded damages, the plaintiff must prove that the defendant had a duty of care, he breached that duty, the victim suffered damages, and those damages were directly caused by the defendant’s actions.

The defendant can only be held liable for the plaintiff’s injuries if the defendant’s actions were the direct cause of the victim’s injuries. This means that a direct link must exist between the defendant’s actions and the injury. Occasionally, the defendant will be able to assert an affirmative defense such as an intervening cause. An intervening cause may absolve the defendant from liability; however, it typically will not absolve the defendant on the sole argument that it is an intervening cause.

What is an Intervening Cause?

Generally, an intervening cause breaks the link between the defendant’s action and the injury caused. There are several requirements that must be satisfied before an event can be labeled an intervening cause. To be classified as an intervening cause the event must have occurred after the defendant’s negligent action, but before the victim’s injury occurred. Additionally, this intervening cause must have actually caused the injury. If all these elements are met, the event can be deemed an intervening cause by the court and relinquish the defense from liability. For example, say you own a restaurant that is occasionally run by a generator located in the back alley. You spill […]

Do You Need A Texas Car Accident Injury Lawyer?

As a general rule, if you suffered no personal injuries, you should be able to settle your case with the opposing insurance adjuster for approximately the same amount of money that a Car Accident Injury Lawyer in Texas could obtain for you. In this type of case, you are entitled to money to repair or replace your car and for the use of a rental vehicle until your car is repaired or replaced. It does not require legal or a Car Accident Injury Lawyer skill to obtain repair estimates for the damage to your car or to determine the fair market value of your car. For repairs, simply get quotes from reputable repair shops and compare them to the amount offered by the adjuster.

If your car has been totaled, determine the fair market value of your car by consulting reference sources such as the Kelly Blue Book, NADA Used Car Guides or Edmunds. These publications provide accurate information for most makes and models of cars. In this case, it is safe to proceed with your negotiations without the representation of a Car Accident Injury Lawyer in Texas.

If your case involves personal injuries from the accident, a more detailed analysis is required. If the injuries are minor and you fully recover from the injuries in a few days, you probably do not need a Car Accident Injury Lawyer in Texas. Minor injuries are ones that result in less than $1,000.00 in medical bills. To obtain a fair settlement for your minor Car Accident Injury claim, educate yourself sufficiently to negotiate with the […]

Serious Injuries – Call the Personal Injury Lawyers

As personal injury attorneys who handle many cases involving very serious injuries, we are frequently asked questions by clients and family members about matters commonly of concern to them. In order to provide our readers with some general guidance about serious injury cases inTexas, we have decided to do a series of blogs on frequently asked questions in the context of such cases. This entry shall address the first of many of such questions, with future blogs on other FAQs to follow.

1. Who pays for my medical bills while I am recovering from my injuries?

Answer: You do. In Texas, we do not have a “Pay As You Go” rule. In a hypothetical automobile accident where it is admitted that the other driver is at fault, there is still no duty of that driver or his insurance company to pay medical expenses for the injured victim as they are being incurred. Instead, the injured individual is required to use his or her own resources to pay for medical expenses as they are being incurred. If the expenses incurred exceed available insurance coverage, the insurance carrier for the at-fault driver may decide to tender available coverage without further delay, but there is no legal requirement that they do so. However, if the medical expenses being incurred do not exceed available coverage, typically, such bills will not be paid until all medical reports are made available for review to make sure that the incurred medical expenses are related to the injuries caused in the hypothetical collision. Thus, in Texas, as in many other states, […]

San Antonio Personal Injury Lawyers » Three Ways a Personal Injury Case is Defended

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Common Arguments Used by the Defense to Lower the Value of Your Claim

San Antonio Texas Lawyer

There are a number of different ways that a defendant can attempt to limit the success of your lawsuit, and these are called defenses. Our Law Offices, has dealt with a great many of cases and our attorney has identified some of the common ways that a case can be defended. Please visit our website here

What Are the Common Ways a Case is Defended?

When you file suit against someone, you are known as the plaintiff and the person you are filing suit against is known as the defendant. The plaintiff has what is called the burden of proof, which means that they are responsible for proving the case. Naturally, since you are trying to accuse the defendant of doing something that is wrong, they go on the defensive. There are three main ways that our attorneys have identified that a defendant can use to defend a case: 1) the plaintiff fails on his own merits, 2) Ordinary defenses, and 3) Affirmative defenses.

The Plaintiff Can Fail on His Own Merits

The plaintiff has the burden of proof to show that the defendant is guilty of whatever the plaintiff is accusing them of. For example, if you got into a car accident and the defendant caused the crash you would be suing him in a negligence cause of action. Therefore, as the plaintiff, you would have the burden of proof to […]