What Is the Thin Skull Rule in Texas Personal Injury Law?
A discussion of the Eggshell Plaintiff Rule (Thin Skull Rule) And Its Effect On A Personal Injury Case We've all met "sensitive" people in our lives---those who cannot take criticism, good-natured joking around, or any perceived slight about them. If you're like us, these folks can drive you crazy. But in personal injury cases, courts...
How Do Defendants Use the Sudden Emergency Defense in Texas Personal Injury Lawsuits?
How The Sudden Emergency Defense Works In Texas Law In our continuing series on damages, we're going to look at how courts apply the sudden emergency doctrine. This defense is not often employed successfully, but it's commonly invoked by defense attorneys seeking to lessen their clients' potential exposure. Questions Answered on This Page: What exactly...
Can the Suicide Defense Impact my Wrongful Death Case?
How suicide can change how your wrongful death case is decided: Suicide is always a tragedy, impacting countless victims left behind. Why people take their own lives is a dark mystery, and we've all known the collateral damage it causes. It may seem insensitive to even ask, but: How does suicide impact a wrongful death...
Does Texas Law Recognize a Workers’ Compensation Defense?
Workers Compensation Shields Employers from Lawsuits. Therefore, it Can Be Raised as a Defense. This is a tricky subject to explain since it runs afoul of most people's understanding of what workers' compensation is, but lawyers who defend companies can argue workers' comp participation as a defense. Here's how... Questions Answered on This Page: Can...
How Does the Competitive Sports Doctrine Defense Works Under Texas Law?
How The Competitive Sports Doctrine Defense Works Under Texas Law In our continuing series on defenses, we now look at what is known as the "competitive sports doctrine." Below, we explain what it is, and also how it has exceptions. Questions answered on this page: What defines the "competitive sports doctrine" defense in Texas personal...
How Does the Consent Defense Work?
An overview of the defense known as consent, and how it impacts Texas personal injury claims: In our continuing series on damages, we're going to examine how the concept of consent can be used to try to bar your personal injury claims. Questions answered on this page: How is the consent defense used in Texas...
What is the Plaintiff’s Duty to Mitigate Damages?
The injured party has a duty to mitigate their injuries following an accident. If you've read our main page on defenses (be sure to click here for our Comprehensive Guide on Defenses, you've probably figured out that most of these arguments seek to place blame for the accidents on victims for one reason or the...
What Is the New and Independent Cause Defense to a Personal Injury Lawsuit?
How The New And Independent Cause Defense Work In Texas Personal Injury Cases. In our series on defenses, we're now going to be looking at what the new and independent cause defense is, and how we can fight back against the highly-paid defense lawyers who want to unfairly ruin your case. Questions answered on this...
How Do Evidentiary Hearings Work In Texas?
How Evidentiary Hearings Work In Texas Personal Injury Cases A lot of lawyers are great at disagreeing with each other, that's for sure. One of the many things many lawyers like to argue about is whether some piece of evidence should be allowed in before the jury. The rules of evidence can be a little...
What Are the Most Commonly Used Defense Arguments In Texas Injury Law?
An Overview Of The Most Commonly Used Defense Arguments In Texas Injury Law From the time we were small children, we've understood the benefits of shifting blame to others. We all said something like "he made me do it!" or "she started it!" by the time we were in 1st grade. And in fact, sometimes...