When a person considers filing a personal injury lawsuit over a car accident, slip and fall, or any other kind of injury, it is reasonable to ask "What is my case really worth?" The answer comes down to "damages" and figuring out what your injuries have cost you monetarily, physically, and mentally.
Sunday morning New Caney, Texas mourned the loss of seventeen-year-old Jose Damien who was struck by a drunk driver while helping his family change a flat tire. According to the victim's family, the driver veered towards the family's truck, smashed into it, and killed the New Caney ISD student. The driver, who has been identified as Charles Baxter, has been charged with intoxication manslaughter. Baxter is not only facing jail time, but also a potential lawsuit for the family's loss of their loved one.
Dexter Culclager, the widower of Yakel Culclager, brought a lawsuit against the driver of a Peterbilt truck and several other companies involved in the death of his wife and step-children. Mr. Culclager filed a $10 million personal injury and wrongful death lawsuit. Along with the truck driver, Judson Humphries, Mr. Culclager sued General Motors, Hobit Express, Sunteck Transport Group, Sunteck Transport Co., and the service shop that checked Mrs. Culclager's 2007 Chevrolet Tahoe prior to the incident.
In June, an Oklahoma jury awarded $14,000,000 to an injured man who lost his arm while operating a crane within the course and scope of his employment. $9,000,000 was awarded for economic damages, and $5,000,000 was awarded for non-economic damages (i.e. pain and suffering). The jury was shocked when the judge announced that the award was reduced from $14,000,000, to $9,350,000. What the jury was not aware of, was that all civil actions filed in the state of Oklahoma after November 1, 2011, have a non-economic damages cap of $350,000, when a defendant's liability is found to be neither grossly negligent nor intentional.
A woman was hurt after an amusement park ride flipped over. Claiming the ride operators did not keep the riders safe, she is now taking legal action.
A new project at New York University Law School is studying and promoting public discussion of the continuing decline in the number of civil jury trials in American courtrooms. The school is giving voice to the sentiment of countless lawyers who view the phenomenon of "the vanishing jury trial" with dismay, believing it disserves clients and the broader citizenry, whose right to a jury trial was codified in the Seventh Amendment to the U.S. Constitution.
The scenarios described below are common mistakes made by victims or lawyers in personal injury lawsuits. Avoiding mistakes like these can improve your chances of receiving maximum compensation.
Forty-six million Americans are at risk daily. Not members of the military or police, but people who do not have health insurance. According to the Health Affairs Journal, uninsured patients are charged up to 10 times more than insured or government assisted patients for care. In a recent article, Health Affairs listed the top 50 hospitals that engage in the excessive charging practice. Of the 50 hospitals on the list, 5 are right here in Texas. Lake Grandbury Medical Center, South Texas Health System, Dallas Regional Medical Center, Laredo Medical Center, and Texas General Hospital all made the list of hospitals that bill the maximum prices to patients who can afford it least. In some instances, uninsured patients have been charged nearly $20,000 for X-ray images that would only cost insured or government assisted patients $500.00. The term given to this unfair practice is "price gouging".
Countless personal injury cases are brought to lawyers every year, but many are turned down. Whether or not a case is accepted is defined on 6 points, according to John Day, a personal injury attorney from Nashville, TN.