If a settlement is reached in a personal injury lawsuit, the trial court may appoint an ad litem for the interest of the minor or incapacitated person. Typically, personal injury claims for minors or incapacitated persons are prosecuted by their next friends (generally the parents) pursuant to Tex.R. Civ. P 44. Tex. R. Civ. P. …
The Different Types of Damages Recoverable in a Typical Personal Injury Lawsuit in Texas
The following are typical damages which may be recoverable in a typical personal injury lawsuit: (1) Physical Pain and Suffering In a personal injury case, the plaintiff can recover for both past and future physical pain and suffering caused by the defendant’s wrongful conduct. The injured person can only be compensated, however, for the pain …
The Admissibility of the Failure to Wear a Seatbelt During A Motor Vehicle Collision
In Nabors Well Services, Ltd. v. Romero, occupants of a vehicle sued an oil services company for negligence after a collision which killed one of the vehicle’s occupants and injured the other seven. Several of the occupants were ejected from the vehicle, and there was evidence that many were not wearing seatbelts. The trial court excluded all …
Bystander Recoveries
When a person has been injured or killed by another’s negligence, a closely related person may have witnessed the event. The person who witnessed the incident may have a “bystander” claim. To determine whether a person has a valid bystander claim, courts consider the following: (1) whether the person making the bystander claim was located near the …
Paid or Incurred: After Haygood v. Escabedo
This is primarily intended for lawyers practicing in Texas; however, I strongly encourage everyone to read this article and understand the implications of the decision by the Texas Supreme Court in Haygood v. Escabedo. Under the Texas Civil Practice & Remedies Code, recovery of medical expenses is limited to the amount actually paid or incurred. …
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