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 …
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 …