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Cain Law Firm > Blog

What is Modified Comparative Fault?

Car Injury Lawyer Granbury Texas

If you’re hurt by someone else in an accident, you deserve to be compensated for your injury. It's an unwelcome surprise to have an insurance adjuster tell you they’re willing to pay for only 80% of your loss instead of 100%. The insurance company is allowed to make this type of offer because of the modified comparative fault law in Texas. What is modified comparative fault, or comparative negligence? In Texas, the amount you receive in a settlement can be reduced by up to 50% if your negligence contributed to the loss. For instance, if someone who ran a stop sign...

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Statute of Limitations for Personal Injury in Texas

Personal Injury Granbury Lawyer

The statute of limitations for personal injury in Texas is 2 years. The period typically starts on the date the accident took place. However, a judge can set a later starting date for the statute of limitations in certain circumstances. It is important to keep this in mind if you intend to file a lawsuit. If you try to file a lawsuit years after a car accident, the respondent’s lawyers or the legal representatives of their insurance company may try to have your case dismissed on the grounds that it has passed the statute of limitations. Although not the only...

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Tips to Avoid a Devastating Motorcycle Accident

granbury motorcycle attorney

Motorcyclists are the most vulnerable motorists. When they are involved in an accident they are especially vulnerable to injury and death. The best way to protect everyone on the road is to enact strategies that can help avoid accidents. These are steps that all motorists can use in order to make the roads that we share more safe. Below we will discuss some of these safety measures in hopes that we can decrease the amount of devastating accidents that involve motorcycles. Additionally, we will discuss what to do if you have been involved in an accident. Tips for Motorcyclists Education...

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How long do I have to file a Wrongful Death Suit?

Granbury Wrongful Death Lawyer

When a loved one dies, it is a terrible time for everyone in the family. The fact that the loved one died because of someone else’s negligence makes the grieving process even worse. In Texas, a loved one has the right to file a wrongful death claim. A wrongful death is any type of death caused by neglect, wrongful act, unskillfulness or carelessness. Texas gives a family member a limited amount of time to file a wrongful death claim. The time frame is called statute of limitations. The statute of limitations for a wrongful death claim is normally two years. This...

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How is Fault Determined in a Car Accident in Texas?

Car Accident Attorney Texas

Unfortunately, car accidents are very common and happen every single day. This is no exception in the state of Texas. If you have been involved in a collision, you may want to speak to an attorney to initiate a lawsuit, especially if you sustained a personal injury and your vehicle has suffered damages. It’s important to know how fault is determined in your state to be able to prove your case. Required Minimum Insurance Coverage in Texas Texas is one of the states that requires all drivers to buy auto insurance as per its financial responsibility law. Generally speaking, the minimum...

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Most Common Causes for Truck Accidents in Texas

Semi Truck Crash in Texas

In 2017 data from the Texas Department of Transportation (TxDOT) reported fatal truck accidents for the State of Texas. Although pickup trucks accounted for more accidents last year, the severity of injuries is much higher with large trucks. Pickup trucks – statewide 1303, rural routes 770, and urban streets 533 Semi-trailers - statewide 433, rural routes 284, and urban roads 49 Trucks – statewide 126, rural routes 62, and urban streets 64   At the end of 2016 the National Highway Traffic Safety Administration (NHTSA), Fatality Analysis Reporting System(FARS) stated fatal crashes by vehicle configuration. Trucks were defined with a gross...

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How Can I Prove Someone Caused My Loved One’s Death?

Bedford Wrongful Death Lawyer

In a wrongful death case, the person bringing the lawsuit isn't the victim, but a personal representative acting on behalf of the victim's family. While that fact differentiates a wrongful death case from other types of personal injury cases, they are all governed by tort law. This means a plaintiff in a wrongful death case must be able to prove the same four elements of a personal injury lawsuit, but with minor variations. The Four Elements of Proving a Wrongful Death Case Duty of Care The first of the four elements in a wrongful death case is showing that the defendant owed...

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5 Tips to Stay Safe on the Roads

Two cars with damage after a crash

When you’re driving, you want to stay as safe on the road as possible. Unfortunately, it isn’t always possible to avoid an accident because unexpected things happen all the time. There may be a distracted driver sharing the road with you, another car may be speeding, there may be an obstruction on the road, or something else can occur. As a driver, you should always expect the unexpected while behind the wheel. Here are five tips for staying safe on the road. Avoid Driving Distracted Avoiding distractions while behind the wheel is key to staying safe on the road. Always pay...

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How Are Damages Calculated in a Wrongful Death Case?

Granbury Wrongfull death Lawyer

Individuals that have lost a loved one due to the negligent actions of another part may be entitled to financial compensation from the negligent party. Statute section 71.001 defines wrongful death in Texas as a death that is caused by the carelessness, default, neglect, or wrongful act of another person. Spouses, children, and parents of individuals that have lost their lives under the conditions outlined by statute 71.001 are eligible to file wrongful death claims in Texas. Potential defendants can be persons, corporations, or government entities. Brett Cain at the Cain Firm are experts at these types of legal matters...

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Questions to ask Your Personal Injury Attorney

Personal Injury Lawyer Fort Worth

When you’re looking to choose the best personal injury attorney in Fort Worth for your case, it can often feel like an interview process. You sit down with a few different attorneys, ask them questions, then at the end of the process, you choose the attorney you believe will be helpful for your case. Of course, the process can be daunting, but it’s often a necessary one. How else are you going to know that the car wreck lawyer you choose for your personal injury case will represent your situation as best as they can? You need to know all the...

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