1. Who is a "wrongful death beneficiary"? There is no recognized common-law cause of action for "wrongful death" in Texas; however, such a cause of action has been established by statute, which is codified as Chapter 71 of the Texas Civil Practice and Remedies Code....
Firm News
Watch Your Six!!
Watch your Six! A military term to watch out behind you. The term is equally applicable to truck drivers. Although rear underride guards (a/k/a ICC bars or rear bumpers) have been required for more than 65 years, they are not included on the list of safety related...
What is the Current Burden of Proof for Recovering Future Medical Expenses?
For years, Plaintiffs seeking to recover future medical expenses have had to show a "reasonable probability" that medical expenses will be incurred in the future. See Sanmina-SCI Corp. v. Ogburn, 153 S.W.3d 639, 642 (Tex. App.—Dallas 2004, pet. denied). This included...
Application of §18.001 Affidavits in Federal Court
Section 18.001 of the Texas Civil Practice and Remedies Code governs affidavits and counter-affidavits regarding the reasonableness and necessity of medical services. While §18.001 is characterized as procedural in Texas state courts, Federal Courts in Texas are...
Death Without a Will Part II: Administering the Estate
In the first part of this series, Death without a Will Part I: Identifying Heirs, we provided an overview of what occurs when a person dies without a will—when a “decedent” dies “intestate,”—and we analyzed the heirship proceeding that must be completed following the...
Death without a Will Part I: Identifying Heirs
“Everyone needs a will.” It’s a statement most have heard numerous times from attorneys, insurance agents, and financial/estate planners. Despite this common advice, many people do not draft a will or do any estate planning. But does it even matter? What happens when...
Discovery of a Defendant’s Net Worth is not Automatic
When pursuing or defending a personal injury claim, it is important to keep in mind that claims for exemplary damages do not automatically justify digging into a defendant’s financial information. A defendant’s financial information may very well be relevant such...
Texas Supreme Court Revisions of the Texas Rules of Civil Procedure
The Texas Supreme Court has recently issued an order amending the Texas Rules of Civil Procedure ("TRCP"). These amendments take effect on January 1, 2021. Through the Court's comments in its order amending the rules, it seems that the Supreme Court of Texas is moving...
When is Drug and Alcohol Testing Required for CMV Drivers?
The Department of Transportation (DOT) has established new regulations for drug and alcohol testing that pertains to CMV drivers. If your diver is governed by the Federal Motor Carrier Safety Regulations (FMCSR), he/she is subject to pre-employment drug and alcohol...
The Itsy Bitsy Spider: Texas Supreme Court Decision on the Farae Naturae Doctrine
The farae naturae doctrine, also known as the wild animal doctrine, protects the property owner from a claim by an invitee claiming that the owner has a duty to warn. Specifically, it limits the liability of an owner for any harm caused by indigenous animals on the...