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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 contemporaneou...read more

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. Tex.Civ.Prac. & Rem.Code §41.0105. The exact language of the statute is as follows: In addition to any other limitation under law, recovery o...read more

Dallas County officially added to Presidential Disaster Declaration for Individual Assistance

Dallas County has been added to the Presidential Disaster Declaration....read more

Dallas County Judge, FEMA Assess Recent Flood Damage

Judge Clay Jenkins is  assessing the recent storm and flood damage in various towns of Dallas County.  Click here to read the full story....read more

Uninsured (UM) and Underinsured (UIM) Motorist Coverage in Texas

If you are involved in an accident with another driver who does not have insurance or does not have sufficient insurance to cover your damages, you should determine whether you have uninsured motorist coverage (UM) or underinsured motorist coverage (UIM). In Texas, if you purchase UM/UIM, your insurance company will assist with payment for your damages – up to the policy limits — if the other driver does not have insurance or sufficient insurance to compensate you for all damages. Uninsur...read more

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