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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.

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Question: I just fell at work. I work for a warehouse in Northside Fort Worth Texas. My employer told me that they do not carry workers compensation insurance but instead they have an accident plan. Do I need to show my employer was the cause of my accident? Do I have a right to sue my employer if I can prove that my employer was negligent.

In Texas, the law allows employers in most cases to subscribe workers compensation insurance, purchase an accident plan that pays benefits similar to a workers compensation plan, or not carry any insurance whatsoever.

If you employer does not have workers compensation insurance and if you can prove your employer’s negligence (failure to exercise ordinary care) was the cause of your fall, then you may have a claim against her employer directly.

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I was riding my bicycle in Oak Cliff, Dallas Texas on November 1, 2016 when I was attacked by a dog. I suffered serious injuries including a fracture of my vertebrae my low back and significant lacerations on my hands and face. I know the owner of the dog does not keep the dog inside the fence and allows it to roam in the neighborhood.  Do I have a case?

In Texas a dog owner may be liable for the injuries that his dog inflicts on someone else. There are two theories of all that will allow recovery in Texas.

NEGLIGENT HANDLING

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traffic
Question: I was involved in a motor vehicle accident on Hemphill and Magnolia in Fort Worth,  Texas on September 5, 2016. The other driver ran a red light but the officer found me at fault for the accident.  I got the ticket! I have an eyewitness to the accident but the officer did not talk to him before he left the scene of the collision. What can I do?

Answer: Insurance companies investigate motor vehicle accident claims every day and determine whether their insured (in this case , the driver who ran the red light) is at fault for the accident. Their investigation includes talking to the parties involved in the accident, acquiring a copy of the police report, interviewing witnesses who saw the accident, and examining the scene of the accident as well as the property damage to the cars.

Insurance companies do rely upon the police report to help them make a decision whether to accept liability regarding a motor vehicle accident or deny the claim.   However insurance companies are not controlled by the police report and what the officer’s opinion is regarding who caused the accident.  I’ve seen many cases where insurance an company will ignore the police report if it contradicts what their own insured said regarding how the accident happened. Most good insurance adjusters will look at all the evidence to make a decision on whether to accept liability on behalf of the client.  But not always.  Most experienced adjusters know that an officer’s  opinion is not admissible in evidence if they did not witness the accident. Most police officers are not accident reconstructionist  and they are not qualified to give an expert opinion regarding who is at fault for accident without special training and experience.

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I got hurt on the job in Dallas Texas.My employer says that I must arbitrate my claim against the company for negligence instead of filing a lawsuit. Can my employer force me to arbitrate a claim instead of letting a jury decide whether my employer was negligent and how much I should be compensated for my damages?

Answer: Yes

If you sign a contract usually at the beginning of your relationship with your employer that stipulates that you must use arbitration as a tool to resolve any dispute including on-the-job injuries against your employer, there is a strong likelihood that a court will force you to arbitrate your claim instead of taking your case in front of a jury.