Texas Injury Lawyers Blog

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Proportionate Responsibility in Texas Work Accidents

In Hassan v. Rock, a plaintiff appealed from a judgment awarding him $212,136.64 in damages because he didn’t think the trial court should have reduced the award by his proportionate responsibility for the accident. The defendant had hired the plaintiff as a day laborer to clear brush out of an…

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Were Exemplary Damages Appropriate in Texas Forklift Accident Case?

Exemplary damages (also known as punitive damages) are unusual, but may be awarded in personal injury cases involving gross negligence. In contrast to compensatory damages such as lost wages, medical bills and pain and suffering, exemplary damages are meant to punish a defendant for egregious behavior. In 4Front Engineered Solutions,…

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Texas Court Affirms Judgment for Traumatic Brain Injury Plaintiff

In the recent case West Star Transportation Inc. v. Robison, a Texas appellate court considered a personal injury case in which the defendant appealed a judgment for the plaintiffs for damages totaling more than $5 million. The plaintiff had suffered a traumatic head injury after falling headfirst from a flatbed…

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Texas Supreme Court Reconsiders Ban on Seat-Belt Evidence

Over the past 40 years, evidence of a plaintiff’s failure to use a seat belt was inadmissible in Texas car accident lawsuits because, even though it could exacerbate the plaintiff’s injuries, it could not, in and of itself, cause a car accident. This rule was a way of protecting plaintiffs from…

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Statute of Limitations Bars Texas Failure to Diagnose Cancer Case

Texas Civil Practice and Remedies Code section 74.251 sets forth the statute of limitations on health care liability claims. The limitations period is measured from the occurrence of the breach or tort, or the last date of treatment, or the last date of relevant hospitalization. The plaintiff can’t choose the…

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