Articles Posted in Texas

According to a Jury Verdict Research study that was published this month, the average compensation for a personal injury lawsuit in Texas over the last six years is compensatory median award for personal injury trials in Texas is $826,892. The highest verdict was over $100 million which, obviously, inflated the average verdict. The median verdict is only $12,281. Certainly, medical malpractice reform in Texas has not helped this number in recent years.

Value of Personal Injury Cases

I’ve written in the past about personal injury verdicts in Texas. A recent Jury Verdict Research found that the average verdict in a personal injury lawsuit in Texas is $826,892. But Texas is a particular example of the differences between the median and average jury verdicts: the median award is just $12,281. You can always drive a truck between the difference between average jury verdicts and median jury verdicts. But in Texas, this gap would not covered by a fleet of trucks.

The average is also distorted by huge verdicts that are not collectible. A Texas jury awarded $118 million – the highest verdict included in this Texas jury verdict study – to the widow of a worker who died in Phillips Petroleum Co. explosion but the Texas cap on punitive damages reduced that award to under $12 million.

Sample Settlements and Verdicts in Texas

A jury in Texas found that the Texas Motor Speedway was negligent in an accident that left a boy with traumatic brain injuries, awarding more that $11 million in damages for his injuries.

The boy was hit by child while driving a miniature race car in the parking lot of the Lil’ Texas Motor Speedway, a paved one-fifth mile at the race track. The jury found the Texas Motor Speedway 80% responsible for the accident (and the boy’s parents 20%).

I would like to know how fast they kids were driving. My kids are too young but they are going to want to drive go-carts and the like just like I did as a child. Should I let them? Depressing issues to digest.

A drilling company in Texas paid $16 million to settle a lawsuit by the family of a woman killed by gas well equipment that fell from a company truck. The settlement was reached after the Pioneer Drilling truck driver admitted that he had given conflicting testimony in the case. The driver also admitted – and I’m sure this added millions to the case – that he and Pioneer officials attempted to falsify documents following the accident.

The Texas Supreme Court, in an 8-1 ruling, upheld a jury verdict that found Nationwide Insurance responsible for covering injuries sustained to a Texas family involved in a collision with one of its policyholders.

Nationwide’s insured was chased by police before the accident where he collided with the Plaintiffs. Nationwide refused to pay the claim, arguing that their policyholder had forfeited his right to coverage when he began the chase. Plaintiffs’ Texas accident lawyer argued that the logic of Nationwide’s argument is if you try to run a red light, speed or take any other intentional act not intended to cause an accident in Texas, that would also be an intentional act for which there would be no insurance coverage. The Texas Supreme Court agreed ruling that “Texas mandates liability insurance for drivers but if ordinary Texans are unprotected from those who speed or run red lights, but intend no harm to others by doing so, then Texas is replete with non-coverage notwithstanding its mandatory-coverage requirement.”

A spokesperson for Nationwide said the insurance company is “glad the high court has resolved the issue of whether a high-speed chase falls within the ‘intentional acts’ exclusion in Texas. Nationwide intends to comply with the courts ruling on this complex issue.” So Nationwide just wanted the issue resolved – that was their goal in all of this? Please.

Buffalo Wild Wings Grill & Bar was named in a lawsuit following a fatal alcohol-related car crash. In the lawsuit, plaintiff claims the bar overserved a man on the night of the accident and was negligent in the death of her daughter.

This is an awful case. The man’s pickup truck collided with a car occupied by three teenagers, killing two people of them and seriously injuring the third. The drunk driver was also killed in the car accident.

As tragic as this case is, I do have some concern with dram shop laws that hold bars accountable in these case just because I think it is so difficult to track who has been served what at a bar.

The Texas Supreme Court heard arguments yesterday in a strange rehearing of a ruling that Texas lawmakers and other groups say deprives injury victims of their rights. The issue of whether contract employees covered by workers’ compensation are able to seek damages against work site owners for on-the-job injuries. A bipartisan group of Texas lawmakers, labor groups and accident victims have protested the decision saying the Texas high court erred in granting extended immunity provisions that were not part of legislative intent.

Interesting case. The Texas Supreme Court decision was unanimous but they get a rehearing because everyone thinks it was an awful call. Probably the best approach would be for Texas lawmakers to rewrite the law.

A Jury Verdict Research study found that the median compensation award for personal injury case that go to trial in Texas is $22,360. Plainitffs recover about 52% of the time (which is consistent with the national average).

If you have been injured and need a personal injury lawyer anywhere in Texas, call our malpractice, product liability and car accident lawyers at 800-553-8082.

When a lawyer gets a verdict or settlement in a 7 figure case, the lawyer can join the Million Dollar Advocates (of which I am a member). Last week, after a Texas jury awarded $1.5 million in a truck accident involving two men seriously injured after a semi crashed into their car, an Indiana based trucking company entered a more ignominious group of trucking companies that have had million dollar truck accident verdicts entered against them based on truck accidents that occurred within a year, both Texas truck accidents. In 2005, Celadon took a $17.5 million jury hit in a truck accident case involving the death of a U.S. Army lieutenant, who was killed after getting rear-ended by a Celadon truck. The venue? Texas.

In this most recent case, two men were driving in their car on a highway in Waxahachie, Texas (near Dallas) when a Celadon Trucking Services tractor-trailer struck their car. The Plaintiffs’ Texas truck accident lawyer alleged in Plaintiffs’ lawsuit that Celadon negligently hired the truck driver and that its driver caused the truck accident. The jury agreed.

One of the men suffered a fractured vertebra; the other sustained a serious injury to his right knee, which required several reconstructive surgeries. The latter man also suffered a mild traumatic brain injury and damage to his collarbone.

If you have talked to a personal injury lawyer who handles a lot of car accident cases in the last six months, you will hear complaints that car accident cases are drying up. Yet, unfortunately, there is no indication we have less automobile accidents in this country. So why?

I think the main reason is that car insurance companies are getting better at reaching out to clients before they find a lawyer. Insurance companies are absolutely entitled to do this. Moreover, I think this works mostly with smaller auto accident cases. The reality – and this is something a lot of car accident lawyers don’t want prospective clients to know – is that you can often handle small auto accident cases without a lawyer.

Our car accident lawyers handling your case will increase the value of your case. In fact, the mere involvement of our law firm, given our reputation, is going to increase the value of your case. But how much? If you have a big case, it will increase the value a great deal. Our car accident lawyers have been referred cases by other lawyers that already have an offer and we have gotten more than 35 times the offer given to the original lawyer. But our accident lawyers’ ability to add value to your case is directly proportional to the size of the case. If you have a case with an ER visit and a few physical therapy sessions, our car accident lawyers will increase the value of your case. And it certainly will make your life easier because you have someone to process everything for you. But is it enough to make it worth hiring us? The answer to that varies from case to case. Our car accident lawyers used to take these kinds of cases because we thought it was a bad idea to deny anyone the right to a lawyer if they had a valid claim. Now, I’m telling at least a third of the people that call us with legitimate cases that they certainly can hire a lawyer, but they also have the option to proceed without a lawyer, and we tell them what they should do to continue bringing their car accident claim without a lawyer.