Voir Dire is a French phrase that means "to speak the truth." Blacks Law Dictionary 1569 (7th Edition 1999). What is it? Voir dire is the first exposure members of the jury panel have to a lawsuit wherein panel members will be selected to serve on the jury. The Voir Dire is the primary tool to address the issue of securing an impartial jury to hear the case. The purpose of voir dire is to allow each party to the lawsuit to have an opportunity to examine the members of the panel to determine if...read more
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 An...read more
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 sea...read more
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 contemporaneou...read more