Articles Posted in Wrongful Death

Xarelto case filings are skyrocketing as over 3300 cases have now been filed in Louisiana under Multi District Litgation No. 2592 headed by Judge Fallon or the Philadelphia Court of Common Pleas, overseen by Judge New. Acute and deadly bleeding events have affected thousands of individuals and their families as new information reveals that the…

Do you remember the OJ Simpson criminal and civil trials of the 1990s? In that case, in June 1994, Nicole Simpson and Ronald Goldman were found stabbed to death. Criminal charges were filed shortly thereafter against OJ Simpson for murder. What people fail to remember is that in May 1995, a wrongful death civil lawsuit…

There are various types of losses a Texas personal injury attorney can recover for an injured claimant. In San Antonio wrongful death cases , for example, medical, funeral, and burial expenses can be recovered in a survival action brought by the executor of the estate. Medical and funeral expenses are also recoverable in wrongful death…

Most Texas medical malpractice cases require experts to prove causation. There are exceptions where a jury does not need an expert to decide causation. Those medical malpractice cases are limited to those cases where a jury can use its own experience and common sense to determine causation. For example, a jury will not need an…

The lost chance of survival doctrine in medical malpractice cases does not exist in Texas. Ultimately, Texas medical malpractice laws state that a plaintiff’s ability to recover monetary and punitive damages for personal injury is barred where the medical practitioner’s negligence deprived the plaintiff of only a 50% or less chance of survival. To illustrate,…

In San Antonio and greater Texas, there have been several key personal injury cases in the area of premises liability in 2009. In one case, a guest at a condominium severed his finger while sitting in a pool-side chair. The court held there was no evidence that the condo association had actual or constructive knowledge…

Although Texas reforms have put the breaks on a lot of Texas medical malpractice claims , there are still several great examples of medical negligence cases which can be brought by a Texas medical malpractice lawyer. In one case, a patient fell from a hospital bed and alleged several acts of negligence. After initially being…

Many plaintiffs now ask what can be recovered in a Texas wrongful death medical malpractice case . Under Texas Civil Practice and Remedies Code (TX CPRC ) Section 74.301, there is a cap of $250,000 on “non-economic” damages. Non-economic damages compensate an injured plaintiff for physical pain and suffering, mental or emotional pain, loss of…

There are certain non-economic damage elements that a San Antonio Texas personal injury lawyer can obtain for you in varied cases including wrongful death, medical malpractice, and Texas trucking accidents. For seriously injured Texas citizens, they may be able to recover damages for pain and suffering in San Antonio Texas auto accident lawsuits . In…

Texas Civil Practice and Remedies Code (CPRC) 82.008 creates a rebuttable presumption of no liability in certain Texas product liability personal injury cases. However, section 82.008(d) makes exceptions for certain manufacturing flaws o defects from the rebuttable presumption. If the seller has properly demonstrated the presumption, then it is up to the Texas personal injury…