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What can I do if I have a case where the other party did not preserve evidence?

The legal definition of this type of situation is called “spoliation of evidence”. This means that a party in a case destroyed or did not properly preserve evidence. A party may have done this because they knew that the evidence would not be in their favor. For example, a minor child suffered a severe ankle injury at a trampoline park. Since the trampoline park knew or could have anticipated that there would be a lawsuit filed against them, the managers of the facility may have destroyed or failed to properly care for relevant evidence, such as videotapes, program files, data files, emails or images.

In Texas Courts, a person cannot bring a tort claim solely based on this conduct. However, Texas cases have addressed how spoliation can be dealt with and the accessible remedies the injured party can pursue. To have access to those remedies, the trial court must determine if the alleged spoliator breached their duty to preserve the evidence. The key case that set the foundation for this approach is Brookshire Brothers v. Aldridge. This case involved a slip and fall scenario at a grocery store. The plaintiff claimed that the store did not preserve certain parts of the videotape that showed what happened after the fall. The Court ruled that there is a two-part test to prove spoliation of evidence.

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What happens to the insurance company when I win a summary judgement

A summary judgement is a motion used by my office in car accident cases and other liability claims to reduce the fact issues for a jury. Typically there are two issues for every liability claim. The fact question regarding negligence and the fact question regarding damages. Liability is the common issue that I can resolve for my client’s case by summary judgement to increase the likelihood that we will win in trial and by extension, the likelihood that the case will settle at mediation without the expense and risk of trial. From a policy standpoint, a case that is before a Tarrant or Dallas County jury will take less time to try the case and the time a jury must spend to listen to evidence and render a decision.

Below please find a sample of this motion I use in court.

Please call my office at (817) 332 1522 if you have any questions regarding your car accident, on the job injury and other liability claim. My practice includes Tarrant County, Dallas county and any state court in Texas.

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Industrial-Construction-Signs-43876BBHPLYALU-lgOn August 5, 2018, I worked for an employer In Oak Cliff, Texas that did not carry workers compensation insurance or also called a nonsubscriber. Now I learned that I signed an agreement that stated that I must arbitrate my claim against my former employer. What are my rights?

The law in Texas states that an employer is not required to carry workers compensation insurance except for very limited exceptions. It is very important that you seek the advice of an attorney as soon as possible to determine whether or not your lawsuit should stay in state District Court or be removed to an arbitration. There are advantages and disadvantages to try her case state District Court and arbitration. Below please find attached a final argument I made to an arbitrator regarding a serious injury involving elbow injuries that developed to complex regional pain syndrome. Please call my office for free consultation.

Re: injured employee v. employer

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lawsuit-papers
A lawsuit is the first step a party makes to take the case to court. Below is a copy of a lawsuit petition that is filed in a motor vehicle accident case and filed with the district court usually in the county where the accident happened.

Do not be intimidated by the legal process. This drives home the point that it is important to hire an attorney specialized in litigation in order to pursue your motor vehicle accident or other personal injury related case.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

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Fall
On January 10, 2018, I was in a grocery store in Oak Cliff, Dallas Texas, when I fell fracturing my hip. I slipped and fell on oil on the floor. I had hip surgery and I probably will not be able to work for a year. The store’s insurance company does not want to pay my claim. Do I have a case?

Unfortunately, premises law in Texas can be very unfair to victims of serious injuries while someone else’s property. Generally the elements for a slip and fall case is proving that the store had:

(1) actual or constructive knowledge of a condition on the premises by the owner or occupier;

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On the Way to School

Proceed with caution question !!!

Question: “I was involved in motor vehicle accident on February 1, 2018, while driving my vehicle on Jefferson Blvd. in Oak Cliff, Dallas Texas. I was making a left turn with the protected arrow when the other driver ran a red light and T-boned the passenger side of my vehicle. I was transported to ambulance to Parkland Hospital with serious injuries.

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E-mail:

Mr. Eric Reyes, On February 1, 2018, I fell off my forklift while making a delivery at a grocery store in North Fort Worth for my employer. The accident happened at a customers business. I was taking products off the truck with a forklift when I fell off of the ramp and broke my leg. My employer did not carry workers compensation insurance. Instead they had an accident plan that pays benefits similar to a workers compensation policy.

My employer refuses to pay the claim because they believe I knew the risk of falling off the ramp. My employer tells me that this is a premises case. I believe the ramp was defective.