Picture this: You just purchased a brand-new toaster oven. It did not come with a warranty, but you have heard great things about this brand and know several people who own the same model, so you trust it will work just fine. The toaster oven works great for a while, but one day, it explodes. The toaster did not hurt anyone or damage anything else, but you spent a lot of money on it! However, you probably cannot sue the manufacturer. Why?
Tag: Personal Injury
Can You Sue for Future Personal Injuries After an Accident?
For many reasons, accidents may cause personal injuries that do not arise directly after the time of the incident. Increased energy or shock may mask pain, mental anguish may take time to understand, and physical injuries like back pain or reduced range of motion may develop and worsen over many months.[1]
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Using Criminal Proceedings in Personal Injury Cases
Many personal injury cases arise from criminal conduct. For example, if you are hit by a drunk driver, you have a negligence claim against the drunk driver, and the driver can be arrested for drunk driving. If the drunk driver is arrested, the criminal charges against him will likely be resolved before the civil trial. While the jury is still out on what the average time of civil and criminal cases are post-COVID, [1] Texas law requires courts to prioritize criminal cases over civil ones to protect a defendant’s right to a speedy trial.[2] Since the criminal charge and the personal injury lawsuit arose out of the exact same accident, much of the evidence useful in one lawsuit will be useful in the other, too. Criminal cases produce a number of documents and evidence that can help a personal injury plaintiff win her case: police reports, police investigatory documents, evidence seized from the defendant, witness statements, material disclosed voluntarily by third parties, and even information shared by overseas authorities.
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How House Bill 19 (HB-19) Affects Personal Injury Law
September 1, 2021 House Bill 19 (HB-19) takes effect in Texas. The commercial trucking industry and how personal injury law is conducted. Below is an overview of what the bill encompasses and the changes that will take effect.
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The Difference Between Filing a Personal Injury Suit in State Versus Federal Court
When filing a personal injury lawsuit, attorneys are sometimes, depending on the state citizenship of the parties, presented with the question of whether filing in state or federal court is more advantageous for their client. While state and federal courts have many similarities, the distinctions between the two may become the difference between winning or losing a case. Prior to filing a suit, an attorney should consider the structure of both court systems, the similarities, and differences between the two, and the perceived advantages and disadvantages of filing your personal injury case in either.
