Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 04-13-2023
Case Style:
Case Number: 1:21-cv-253
Judge: Marcia A. Crone
Court: United States District Court for the Eastern District of Texas (Jefferson County)
Plaintiff's Attorney:
Defendant's Attorney: Roger Dudley Oppenheim
Description: Beaumont, Texas personal injury lawyers represented Plaintiff who sued Defendants on auto negligence theories.
Texas is a modified comparative negligence state. This means that if you are injured in a car accident, you can still recover damages from the other driver even if you were partially at fault for the accident. However, your recovery will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your recovery will be reduced by 20%.
To recover damages in a car accident in Texas, you must prove that the other driver was negligent. Negligence is defined as a failure to use reasonable care, which causes harm to another person. To prove negligence, you must show that the other driver:
owed you a duty of care
breached that duty
their breach caused your injuries
you suffered actual damages
The duty of care is the obligation that one person has to another to act with reasonable care. The duty of care owed by a driver to other drivers is to drive safely and obey the rules of the road.
Breach of duty occurs when a driver fails to meet their duty of care. This can happen in a number of ways, such as:
Driving while intoxicated
Speeding
Running a red light
Distracted driving
Causation is the link between the other driver's negligence and your injuries. In order to recover damages, you must prove that the other driver's negligence was the proximate cause of your injuries. This means that your injuries would not have happened if the other driver had not been negligent.
Actual damages are the losses that you suffered as a result of the accident. These can include medical expenses, lost wages, pain and suffering, and property damage.
If you have been injured in a car accident in Texas, it is important to speak with an experienced personal injury attorney as soon as possible. An attorney can help you understand your legal rights and options and can fight for the compensation that you deserve.
Outcome: 03/14/2023 33 REPORT of Mediation. Mediation result: settled(bjc, ) (Entered: 03/14/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: