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Guardian Ad Litems in Personal Injury Cases

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. 173 provides for appointment of a guardian ad litem  when both the minor or incapacitated person and the next friend have separate claims for settlement funds in a per...read more

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 An...read 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 sea...read more