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Premises Liability

I’m spending a little time today preparing for a jury trial in a couple of weeks, and due to some circumstances, it got me thinking about the things about a case that a jury doesn’t get to know.  These issues sometimes come up when talking to new clients. One of the common comments I hear is, “If the…

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A mediation is a settlement conference led by a neutral third-party, the mediator. The mediator is often, but not always, a lawyer.  In Texas, most courts require you to go through a mediation before you can get a trial in your case. Generally, the mediation starts with an opening session where all the parties are present. In many cases,…

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Several new studies being released this week find a relationship between head injuries or brain injuries and dementia or Alzheimers.  Two of the studies, release Monday, establish that brain injuries suffered by football players and by soldiers in battle likely boost the risk of dementia later in life.  I think the use of the term “traumatic brain…

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Sunday’s Austin American Statesman had a wonderful article about hospital liens, a problem that can really muck up a car wreck or other personal injury claim. Texas law provides that if a person is injured in an accident and is admitted to a hospital within 72 hours of the accident, then the hospital has a…

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A favorite insurance company ploy in personal injury cases is to request that an order from the Court that the plaintiff be required to undergo an “independent” medical exam — an exam by a doctor hired by the insurance company. Despite the implications of the name, these are not indpendent.  The doctors are hired by…

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I always encourage accident victims to talk to personal injury lawyers as soon as possible to make sure that their rights are protected, but it’s even more important now. As you may know, the Texas legislature is in session.  What you probably don’t know is that yesterday was the Texans For Lawsuit Reform’s lobby day…

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As part of his efforts to adopt more strict DWI laws, Austin Police Chief Art Acevedo has been routinely claiming that Texas leads the nation in drunk driving fatalities.  Today, the Austin American Statesman and Politifact put that assertion to the test and confirmed that it is mostly true.  On a raw numbers count, Texas…

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This week, Jay Feinman, a Distinguished Professor of Law at Rutgers University, was a guest blogger at the TortsProf blog (one of my favorites, and not just because friend and fellow UT alum Bill Childs is one of the authors).  In his guest post, Professor Feinman explained one of the shifts in the insurance industry…

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I don’t normally post about legal opinions because I generally think my readers don’t care about the details of claims.  But last week, personal injury victims who have Medicare won a huge victory in a federal court. If you read this blog or follow me on Facebook or Twitter, you’ve heard my gripes about Medicare. …

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