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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 and suffering of which they were conscious. Las Palmas Med Ctr. V. Rodriguez, 279 S.W.3d 413, 417 (Tex. App.—El Paso 2009, no pet.) (2) Mental more

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 evidence of nonuse of seatbelts pursuant to the Supreme Court’s 1974 decision in Carnation Co. v. Wong, which held that a plaintiff’s nonuse of a more

Ellis County to receive FEMA disaster assistance

Ellis County to receive FEMA disaster assistance— Ellis County, TX (@EllisCounty_TX) July 6, 2015 more

FEMA Disaster Recovery Centers Now Open through July 11th in Dallas County

FEMA Disaster Recovery Centers Now Open through July 11th in Dallas County— Judge Clay Jenkins (@JudgeClayJ) June 26, 2015 more

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 scene of the incident; (2) whether the shock resulted from a direct emotional impact upon the plaintiff from the sensory and more

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