Articles Tagged with Fort Worth

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As Rockwall and Kaufman counties continue to see record growth and our roads become increasing clogged with traffic, we are seeing more and more accidents that involve catastrophic injuries resulting in the death of a loved one. When these types of accidents occur, the family is often left wondering what to do now. Most people have heard the term “wrongful death” and maybe some have some familiarity with what a “survivor” action is, but they are often confused about the difference between the two types of claims. We understand that the differences can be a little convoluted and that is why we aim to better inform you of the different types of claims if you or a loved one is killed in an accident.

It is really important to understand that wrongful death and survival actions are two separate causes of action when a loved one has been killed in a Texas auto or truck accident. The family may have the ability to file both types of actions in Texas, but they have a similar effect, which is where the confusion typically lies. The purpose of this article is to provide you with a better understanding of the types of claims that may be made and how the claims may be brought and administered by the family and their representatives. Here are the basics:

What is a Wrongful Death Claim?

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Dram-Shop43 states, including Texas, have laws that impose a duty on bars and restaurants not to serve intoxicated patrons alcohol, and if they do, then the statute provides a means for injured individuals to sue the liquor licensee for their own negligence. The law is very good for a lot of reasons.
For those of you who may not be familiar with the reasons why dram shop laws are so prevalent, you may be wondering, “why should the bar be liable for the actions of their patrons? That is not fair?” Well, let me ask you this: is it fair that the injured party will likely not have enough money from the drunk driver’s insurance policy to cover their medical expenses, but the bar that took the drunk driver’s money and continued to serve him or her to the point of and passed the point of intoxication gets off Scot-free? Who was in a better position to protect themselves from such liability? Why should an injured victim be unable to hold a bar accountable for over-serving a drunk patron who’s inhibitions are lowered to a point where they can no longer make good decisions and competently drive home?
Serving Alcohol is a Privilege; Not a Right
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Wet Roads TexasEvery year, thousands of drivers around the country are injured in car wrecks where weather played a role in the accident. Dallas-Fort Worth is not an exception to this trend. Especially with the amount of rain we have received over the last two years. Now, after a fairly dry summer, the wet weather has returned and our forecast calls for rain straight through the end of next week.

For local farmers this is exciting news. For most everyone else it means cooler weather. For personal injury attorneys, it means lots of phone calls. Why? Lots of car wrecks occur on North Texas roads when they become wet from the rain.

Under Texas law, “An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.” This means that our State requires drivers to maintain a speed that is safe under the conditions. If you get into an accident in Texas, whoever the police officer believes is at fault will usually receive a ticket for “Failing to Maintain Speed”. If you get into an accident and receive one of these tickets, it is vital to your case against liability to have this ticket dismissed. Your personal injury attorney will usually get you in contact with a ticket attorney to defend the ticket.

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Damages: What Kind of Compensation is Available?

Most personal injury cases seek financial damages to compensate for an injury. This will compensate for medical costs, lost wages, future lost pay, and pain and suffering both physically and mentally, disfigurement and disability as a result of the negligence of another, as well as for loss of consortium.

Statutes of Limitations