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Tangible vs. Intangible Damages

What are Damages?

In Texas civil cases, a party who suffers loss or harm due to negligent actions of another party may be entitled to monetary compensation, or damages.[1] The purpose of damages in a lawsuit are to make the injured party financially “whole” or help them return to their pre-incident state.[2] If the court finds a plaintiff presented sufficient evidence of compensable damages, the person or company at fault for the accident will be responsible for the payout. Damages under Texas law are codified in Section 41.001 of the Texas Civil Practice and Remedies Code.[3]

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Rideshare Liability

Today, “Rideshare” companies like Uber and Lyft have become a primary mode of transportation for busy Americans.[1]  With people relying on the convenience of Rideshare transportation more than ever before, the industry is estimated to be valued at almost $186 billion by 2026.[2]  However, the convenience of this type of modern transportation comes with a host of problems.

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Rear-End Auto Accident Settlement

Several years ago, our Attorney Mark Fassold prosecuted a simple rear-end personal injury action against a Fortune 100 company. The matter settled for $4,000,000, and that Fortune 100 company’s in-house counsel and outside counsel both began referring cases to him after they saw the work our team could do. Most recently, one of their employees were injured on her drive home and our team was called in again to help.

During her drive home, our client was struck head-on at highway speeds by a wrong way driver who fell asleep at the wheel because his employer required him to drive fourteen hours straight. Incredibly, our client survived and returned to work within two weeks but that did not mean she was fully recovered.

Mark and Attorneys Mike Murray and Alexis Garcia along with their team went to work and helped our client receive justice. After countless hours into the litigation process and proving the defense at fault, the case settled outside the courtroom for $5,250,000. Although our team was ready to go to trial if they could not reach an agreement, the strong case that they laid out left no room for questions. Keep fighting the good fight!

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Military Housing Verdict

This month we had the opportunity to represent the Vinales family against one of the largest military housing landlords in a Federal Court trial located in our hometown, San Antonio. While stationed at Randolph Air Force Base from 2017-2019, the Vinales family rented on-base housing from AETC II Privatized Housing LLC and AETC II Property Managers LLC, which conduct business as Hunt Military Communities. The Vinales family experienced ongoing issues with mold, ant infestations, HVAC failures, and electrical problems, which the landlord failed to address properly.

Our team of partners, Bob Brzezinski, Jennifer Neal, Caleb Rackley, Alicia O’Neill, and Frank Guerra along with other attorneys and staff worked tirelessly in order to prove that the Vinales family did their part to uphold their end of the lease agreement. Last Friday, the hard work paid off, and the jury returned a verdict in favor of our clients. The Vinales family was finally able to experience justice from a living situation that plagued them for years and consumed their life when they were stationed in San Antonio. Jennifer Neal was ecstatic with the verdict, “This family has been put through the wringer at the hands of Hunt Military Communities—both while living in Hunt-managed housing and throughout this litigation process. I am glad to finally see the relief on their faces.”

This is the first of 16 cases involving families from Randolph and Laughlin Air Force Base that have similar allegations of the landlord failing to remediate mold and other issues. It was an honor representing Lt. Col Shane and Becky Vinales in our hometown—commonly referred to as Military City, USA–and being able to fight for a family that fights for our freedom each day. The countless hours that were put into this case helped set the precedent for future cases that arise with similar issues. Great job, team!

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Summer 2023 Law Clerks

Our law clerks, also known as “grasshoppers”, are all aspiring attorneys with big dreams. We have a mixture of undergraduate and law school students that are trained by and get to work with our attorneys on a daily basis. See who is joining our firm for the 2023 summer in our Law Clerk packet!

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