A Board Certified attorney is an attorney who has demonstrated special competence in a particular field and whose competence has been certified by the Texas Board of Legal Specialization.

The Texas Board of Legal Specialization was created by the Supreme Court of Texas, and the Board members are appointed by the President of the State Bar of Texas. The Board, in turn, administers the program through which an attorney may demonstrate special competence in a particular area of law practice.

How does the consumer know whether an attorney is Board Certified in Personal Injury Trial Law?
Board Certified attorneys are entitled to indicate certification on business cards and letterhead by using the expression "Board Certified-Personal Injury Trial Law-Texas Board of Legal Specialization". They may display the Certificate of Special Competence awarded by the Texas Board of Legal Specialization and list the certification in legal directories and telephone listings under "Attorneys--Board Certified".

How long does an attorney remain certified in Personal Injury Trial Law?
Certification is for a period of 5 years. To remain certified after that time, every 5 years the attorney must apply for recertification and meet the requirements for continued experience, peer review and continuing legal education.

What are the general requirements for Board Certification in Personal Injury Trial Law?
All Personal Injury Trial Law Board Certified attorneys must have:
Been licensed to practice law for at least 5 years
Practiced personal injury trial law for at least 3 years
Devoted a minimum of 25% of their law practice to personal injury trial law
Handled a wide variety of personal injury trial law matters to demonstrate experience and involvement.
Attended personal injury trial law continuing legal education seminars regularly to keep their legal training up to date
Been evaluated by fellow lawyers and judges
Passed a day-long written examination

What special requirements must a lawyer who is Board Certified in Personal Injury Trial Law meet?
A lawyer who is Board Certified in Personal Injury Trial Law must have handled jury trials in cases involving vehicle accidents, worker's compensation, premises liability, products liability, statutory tort claims, maritime accidents, social security claims or claims involving mental anguish damages not necessarily accompanied by a physical injury. The lawyer must also have extensive knowledge of the law of evidence, procedure, and other substantive law in the trial of civil cases.

Must a lawyer be Board Certified to handle a personal injury case?
No. All lawyers who are licensed by the Supreme Court of Texas may handle a personal injury case. Many lawyers who are very competent practitioners have chosen not to seek board certification.

top of page

Remember, if you are injured:
AUTOMOBILE ACCIDENTS:

Report your accident to the police, and your insurance company;

Make a list of witnesses' names, addresses and phone numbers;

Seek medical care, as needed, immediately;

Discuss your rights with an attorney.

PREMISES--SLIP AND FALLS:

Report your accident to the owner/occupier of the premises;

Make a list of witnesses' names, addresses and phone numbers;

Seek medical care, as needed, immediately;

Discuss your rights with an attorney.

PRODUCT LIABILITY CASES:

Keep the product in a safe place;

Seek medical care, as needed, immediately;

Discuss your rights with an attorney.

IN ALL CASES:

CONTINGENT FEES: Lawyers should handle injury cases for a percentage of the recovery (usually 1/3 to 40%), with no fee or case expenses charged unless you recover.

SEEK MEDICAL CARE PROMPTLY: Promptly seek medical care, and tell your doctor about all your symptoms and past medical problems.

DO NOT SIGN ANYTHING: Let a lawyer review any document you are asked to sign. TAKE PHOTOGRAPHS of damaged cars or property, visible injuries, or scene of accident.

top of page

DEFINITIONS
Much of the mystery of the law comes from the words lawyers use. Here are some basic definitions:

Lawsuit: Legal claim filed with a court.

Plaintiff: Person bringing a lawsuit.

Defendant: Person being sued.

Judge: Presides over case and decides legal issues.

Jury: Citizens who decide disputed facts in a case.

Evidence: Testimony, documents and other exhibits which the court (judge) permits the jury to see.

Negligence: Failure to use ordinary care.

Comparative negligence: Fault assigned to both plaintiff and defendant; reduces plaintiff's recovery by percentage; if over 50%, plaintiff recovers nothing.

Ordinary care: Degree of care used by a person of ordinary judgment in the same or similar circumstances.

Proximate cause: A cause which products an event, which could have been foreseen.

Damages: Claims for money that can be made in a lawsuit: reflect losses sustained by a plaintiff.

Punitive damages: Assessed to punish a defendant for intentional, malicious or grossly negligent conduct.

Statute of Limitations: Time period for filing a lawsuit; two (2) years in most Texas personal injury cases.

DAMAGES IN AN INJURY CASE:
Some of the damages that can be claimed in an injury case include:

Medical expenses: Charges for treatment which was medically necessary as a result of an injury.

Loss of earning capacity: Loss of income due to an injury.

Pain and suffering: Physical pain resulting from an injury.

Mental anguish: Mental or emotional effects of a physical injury.

Disfigurement: Scarring, visible signs of injury.

Physical impairment: Loss of function resulting from an injury.

Loss of consortium: Non-injured spouse's recovery for damage to the marital relationship.

DAMAGES IN A WRONGFUL DEATH CASE:
Claims made by a surviving spouse, parents and/or children of a person killed due to negligence or a defect in a product; include loss of financial support, loss of companionship, and mental anguish.

top of page

Elements of Proof - To win a case, the Plaintiff (person bringing the suit) must prove:

1. The Defendant (person being sued) was negligent in the operation of his vehicle; AND

2. That negligence probably caused the plaintiff's injuries or damages.

Negligence occurs when a driver violates a safety law or otherwise fails to exercise ordinary care for the safety of others.

The most common defense raised in Texas cases is comparative negligence. If a jury finds the plaintiff and defendant are both negligent, a percentage of fault is assigned to each party. The plaintiff loses his percentage of damages, unless he is more than 50% at fault, in which case he recovers nothing.

Defendants can also assert the fault of others, even non-parties to the lawsuit, and your recovery can be reduced by the percentage of fault attributable to others.

Proving Injuries and Damages - Often, the hardest part of a case is proving the extent of injury. Many conditions (sprains, strains, pain) cannot be medically tested, and can only be proved by the testimony of the plaintiff. Defense lawyers may prove a plaintiff is exaggerating about his injuries or damages. Many good cases are lost because a plaintiff gives inaccurate or incomplete information to his lawyer or doctor, often unintentionally. It is very important to be complete and honest in your answers to your lawyer's questions, and in statements to your doctors about past injuries and current problems.

The elements of damage that can usually be recovered in a personal injury case are: Medical Expenses, Loss of Earnings, Physical Pain, Mental Anguish and, where applicable, Disfigurement or Scarring. Damages are also available in the event of death, but only spouses, children and parents may bring an action for wrongful death.

Punitive Damages can be sought if the Defendant either (1) intended to cause injury or (2) knew his conduct created an extreme risk of severe injury and acted with conscious indifference to that risk. This is very difficult to prove, and many punitive damage awards are reversed by courts of appeal.

Types of Insurance - Several types of insurance may affect a case:

Liability Insurance pays damages for an insured person's negligence. Most cases are "against" liability insurance companies.

Health Insurance plans cover treatment for injuries, although some require a specific doctor or hospital. Most plans have a subrogation provision: if you recover damages from a third party, you must reimburse the Plan.

Personal Injury Protection - your insurance company pays 100% of your medical expenses and 80% of your lost wages, up to your limits of coverage (usually $2,500.00).

Uninsured/Underinsured Motorist - your insurance company pays your damages when the person responsible for your accident has no liability insurance, or his coverage is too small to pay all your damages.

Expensive to Prosecute - An attorney may spend several thousand dollars and hundreds of hours preparing a case for trial. For this reason, many lawyers only accept cases involving serious injuries or death.

Statute of Limitations - Texas has a two (2) year statute of limitations in tort actions. Suits not filed by two (2) years from your date of injury are barred forever. Texas law also requires written notice of a claim must be given to units of city, state or federal government, often within 90 days to six months of an event. Failure to give proper notice may result in a claim being lost. Limited exceptions to these rules may affect the rights of minors and incompetents. However, these deadlines are rigidly construed. If you pursue a case, you should discuss these deadlines with an attorney.

If you have been injured, you should do the following:

Seek medical care immediately;

Report your accident to the police, and your insurance company;

Discuss your rights with an attorney.

Contingent Fees - Lawyers should handle injury cases on a contingent fee basis: the fee is a percentage of the recovery (usually one third to 40%), and no fees or expenses are charged unless your case is won or settled.

We hope this information helps you understand more about Automobile Accident cases, and what is involved in any effort to prosecute and win a case in this area of the law.

top of page

Real Facts About Personal Injury Cases
Steve Waldman, JD
Board Certified - Personal Injury Trial Law
Texas Board of Legal Specialization

Here are some important points of the law of personal injury cases.

ELEMENTS OF PROOF - To win a case, the Plaintiff (person bringing the suit) must prove:

1. The Defendant (person being sued) was negligent AND

2. That negligence probably caused the plaintiff's injuries or damages.

Negligence occurs when a person violates a safety law or otherwise fails to exercise ordinary care.

COMMON DEFENSES raised in Texas cases - these are "excuses" or defenses often raised by defendants in automobile accident cases:

Comparative negligence - If the plaintiff and defendant are both negligent, a percentage of fault is assigned to each party. If a plaintiff is more than 50% at fault, he recovers no damages. A finding of 50% fault or less on the part of a plaintiff reduces the plaintiff's recovery by that percentage.

Sudden emergency/act of God - an accident caused by something beyond the control of the plaintiff or defendant; neither party is at fault.

Fault of third party - an accident caused by some other person or product.

PROVING INJURIES AND DAMAGES - Often, the hardest part of a case is proving the extent of injury. Many conditions (sprains, strains, pain) cannot be medically tested, and can only be proved by the testimony of the plaintiff. Defense lawyers often try to show the plaintiff is lying or exaggerating about his injuries or damages. Many good cases are lost because a plaintiff gives inaccurate or incomplete information to his lawyer or doctor. It is very important to be complete and honest in your answers to your lawyer's questions, and in statements to your doctors.

ELEMENTS OF DAMAGES that can be recovered in a personal injury case are: Medical Expenses, Loss of Earning Capacity, Physical Pain and Suffering, Mental Anguish, Physical Impairment, and Disfigurement or Scarring. Damages are also available in the event of death, but only spouses, children and parents may bring a wrongful death claim.

PUNITIVE DAMAGES can be sought if the Defendant acted with "malice," which is defined as an intent to injure or a conscious disregard for the health and safety of others.

COST OF PROSECUTION - An attorney may spend several thousand dollars and hundreds of hours preparing a case for trial. For this reason, many lawyers only accept cases involving serious injuries.

STATUTE OF LIMITATIONS - Texas has a two (2) year statute of limitations in tort actions. Suits not filed by two (2) years from your date of injury are barred forever. Texas law also requires written notice of a claim must be given to units of city, state or federal government, often within 90 days to six months of an event. Failure to give proper notice may result in a claim being lost. Limited exceptions to these rules may affect the rights of minors and incompetents. However, these deadlines are rigidly construed. If you pursue a case, you should discuss these deadlines with an attorney.

CONTINGENT FEES - Lawyers should handle injury cases on a contingent fee basis: the fee is a percentage of the recovery (usually one third to 40%), and no fees or expenses are charged unless your case is won or settled.

IF YOU HAVE BEEN INJURED, you should do the following:

Seek medical care immediately;

Report your accident to the police if necessary;

Make a list of all witnesses to the incident;

Take photographs of the place where the injury occurred, and of your injuries;

Discuss your rights with an attorney.

We hope this information helps you understand more about Automobile Accident cases, and what is involved in any effort to prosecute and win a case in this area of the law.

top of page

Real Facts About Personal Injury Cases
Steve Waldman, JD
Board Certified - Personal Injury Trial Law
Texas Board of Legal Specialization

Here are some important points of the law of personal injury cases.

ELEMENTS OF PROOF - To win a case, the Plaintiff (person bringing the suit) must prove:

1. The Defendant (person being sued) was negligent AND

2. That negligence probably caused the plaintiff's injuries or damages.

Negligence occurs when a person violates a safety law or otherwise fails to exercise ordinary care.

COMMON DEFENSES raised in Texas cases - these are "excuses" or defenses often raised by defendants in automobile accident cases:

Comparative negligence - If the plaintiff and defendant are both negligent, a percentage of fault is assigned to each party. If a plaintiff is more than 50% at fault, he recovers no damages. A finding of 50% fault or less on the part of a plaintiff reduces the plaintiff's recovery by that percentage.

Sudden emergency/act of God - an accident caused by something beyond the control of the plaintiff or defendant; neither party is at fault.

Fault of third party - an accident caused by some other person or product.

PROVING INJURIES AND DAMAGES - Often, the hardest part of a case is proving the extent of injury. Many conditions (sprains, strains, pain) cannot be medically tested, and can only be proved by the testimony of the plaintiff. Defense lawyers often try to show the plaintiff is lying or exaggerating about his injuries or damages. Many good cases are lost because a plaintiff gives inaccurate or incomplete information to his lawyer or doctor. It is very important to be complete and honest in your answers to your lawyer's questions, and in statements to your doctors.

ELEMENTS OF DAMAGES that can be recovered in a personal injury case are: Medical Expenses, Loss of Earning Capacity, Physical Pain and Suffering, Mental Anguish, Physical Impairment, and Disfigurement or Scarring. Damages are also available in the event of death, but only spouses, children and parents may bring a wrongful death claim.

PUNITIVE DAMAGES can be sought if the Defendant acted with "malice," which is defined as an intent to injure or a conscious disregard for the health and safety of others.

COST OF PROSECUTION - An attorney may spend several thousand dollars and hundreds of hours preparing a case for trial. For this reason, many lawyers only accept cases involving serious injuries.

STATUTE OF LIMITATIONS - Texas has a two (2) year statute of limitations in tort actions. Suits not filed by two (2) years from your date of injury are barred forever. Texas law also requires written notice of a claim must be given to units of city, state or federal government, often within 90 days to six months of an event. Failure to give proper notice may result in a claim being lost. Limited exceptions to these rules may affect the rights of minors and incompetents. However, these deadlines are rigidly construed. If you pursue a case, you should discuss these deadlines with an attorney.

CONTINGENT FEES - Lawyers should handle injury cases on a contingent fee basis: the fee is a percentage of the recovery (usually one third to 40%), and no fees or expenses are charged unless your case is won or settled.

IF YOU HAVE BEEN INJURED, you should do the following:

Seek medical care immediately;

Report your accident to the police if necessary;

Make a list of all witnesses to the incident;

Take photographs of the place where the injury occurred, and of your injuries;

Discuss your rights with an attorney.

We hope this information helps you understand more about Automobile Accident cases, and what is involved in any effort to prosecute and win a case in this area of the law.

top of page

Real Facts About Premises (Slip and Fall) Cases
Steve Waldman, JD
Board Certified - Personal Injury Trial Law
Texas Board of Legal Specialization

This page will explain a few important points of the law of premises liability. These are cases where someone is injured due to the condition of another person's property.

There is a great deal of misunderstanding about the law of premises liability. When a person slips or trips and falls on the property of a business, or a private residence, is there a right to file suit and collect damages? Many people believe these are easy cases to win, when they are often lost at trial.

DIFFICULT TO PROVE
Premises liability cases are difficult to prove. Most cases involve injuries to invitees, who are persons who come onto the premises at the express or implied invitation of the possessor of the premises. An example of an invitee is a person who comes into a store to purchase goods. To win a case as an invitee, the Plaintiff (the person bringing the suit) must prove:

1. There was a dangerous condition on the property, AND

2. The Defendant (the possessor of the premises) knew or should have known of the existence of the dangerous condition; AND

3. The Defendant was negligent in failing to provide an adequate warning or correct the dangerous condition; AND

4. The Defendant's negligence caused the plaintiff's injuries or damages.

Negligence occurs when a premises owner or occupier fails to exercise ordinary care for the safety of others. Unless the Defendant knows of the existence of a dangerous condition, he cannot be held responsible for it being present. The one exception is where it can be proved he should have known of the condition. It is often impossible to prove how long a dangerous condition (such as a spill in a grocery store) was present, or that any employee of the store knew about the spill. As a result, many premises liability cases are lost. This is often difficult for people to accept, in light of their expectations about safety, and the responsibility of business owners.

Licensees are persons who enter onto property with the permission of the the possessor but without an express or implied invitation. An example of a licensee is a person who walks through the parking lot of a mall going from one place to another (as a shortcut, and not to stop and do business at the mall). Licensees must prove the possessor of the premises had actual knowledge of the dangerous condition, and that the injured person had no knowledge of the dangerous condition.

Trespassers are persons who go onto property without any right, lawful authority, or express or implied invitation. Possessors of premises are only liable to trespassers if they are guilty of gross negligence. This requires proof that the possessor of the premises knew the dangerous condition, that it was substantially certain the condition would cause injury to others, and that the possessor was consciously indifferent to safety of others.

It is extremely difficult to prove cases involving licensees or trespassers.

COMPARATIVE NEGLIGENCE
In any personal injury lawsuit, a jury can find the plaintiff was also negligent. In premises liability cases, it is often difficult to overcome the argument that a person is responsible for looking where he or she is walking. Many defendants are successful in limiting or denying a plaintiff's recovery on this basis. In Texas, if the plaintiff and defendant are both negligent, the jury finds a percentage of fault for each party. If a plaintiff is more than 50% at fault, he cannot recover any damages. A finding of 50% fault or less on the part of a plaintiff will reduce the plaintiff's recovery.

PROVING INJURIES AND DAMAGES - Often, the hardest part of a case is proving the extent of injury. Many conditions (sprains, strains, pain) cannot be medically tested, and can only be proved by the testimony of the plaintiff. Defense lawyers often try to show the plaintiff is lying or exaggerating about his injuries or damages. Many good cases are lost because a plaintiff gives inaccurate or incomplete information to his lawyer or doctor. It is very important to be complete and honest in your answers to your lawyer's questions, and in statements to your doctors.

ELEMENTS OF DAMAGES that can be recovered in a personal injury case are: Medical Expenses, Loss of Earning Capacity, Physical Pain and Suffering, Mental Anguish, Physical Impairment, and Disfigurement or Scarring. Damages are also available in the event of death, but only spouses, children and parents may bring a wrongful death claim.

PUNITIVE DAMAGES can be sought if the Defendant acted with "malice," which is defined as an intent to injure or a conscious disregard for the health and safety of others.

COST OF PROSECUTION - An attorney may spend several thousand dollars and hundreds of hours preparing a case for trial. For this reason, many lawyers only accept cases involving serious injuries.

STATUTE OF LIMITATIONS - Texas has a two (2) year statute of limitations in tort actions. Suits not filed by two (2) years from your date of injury are barred forever. Texas law also requires written notice of a claim must be given to units of city, state or federal government, often within 90 days to six months of an event. Failure to give proper notice may result in a claim being lost. Limited exceptions to these rules may affect the rights of minors and incompetents. However, these deadlines are rigidly construed. If you pursue a case, you should discuss these deadlines with an attorney.

TYPES OF INSURANCE - Several types of insurance coverage may be involved in an automobile accident case:

Liability Insurance pays damages for an insured person's negligence. Most cases are "against" liability insurance companies.

Health Insurance (or Employee Benefit Plans) cover treatment for injuries, although some require a specific doctor or hospital. Most plans have a subrogation provision: if you recover damages from a third party, you must reimburse the Plan out of that recovery.

Premises medical coverage - some businesses carry this coverage, and it will pay a certain amount (often $5,000.00) of your medical expenses, regardless of fault. Many times, insurance companies will tell you they will pay your medical bills, only to deny your claim once the limit of this coverage are exhausted.

CONTINGENT FEES - Lawyers should handle injury cases on a contingent fee basis: the fee is a percentage of the recovery (usually one third to 40%), and no fees or expenses are charged unless your case is won or settled.

IF YOU HAVE BEEN INJURED, you should do the following:

Report your accident to the owner or operator of the premises;

Seek medical care immediately;

Make a list of all witnesses to the incident;

Take photographs of the place where the injury occurred, and of the areas of your body which have visible injuries;

Discuss your rights with an attorney.

We hope this information helps you understand more about Premises Liability cases, and what is involved in any effort to prosecute and win a case in this area of the law.

top of page

This pamphlet explains important points of the law of products liability. These are cases where someone is injured due a defective product.

TYPES OF CASES:
The three categories of product defect are Design, Manufacture, and/or Warning.

DESIGN DEFECTS - the product performs as intended, but causes injury because the design creates a dangerous condition. An example: a chain saw with no guard over the chain, and flying debris injures the operator.

MANUFACTURING DEFECTS - the product is manufactured with defective parts, or is improperly assembled. An example: a vehicle with the wrong size or type brake pads, crashes because it cannot stop.

WARNING DEFECTS - the user of the product is not advised of a danger of the product. An example of this would be a toxic household product, which has no indication the substance is poisonous.

There is a great deal of misunderstanding about the law of products liability. When a person is injured while using a product, is there a right to file suit and collect damages? Many people believe these are easy cases to win, when they are often lost at trial.

Difficult to Prove

Products liability cases are difficult to prove. To win, the Plaintiff (the person bringing the suit) must prove:

1. The Product was defective at the time it left the control of the Defendant, AND

2. The Defect was a cause of the injuries and damages sustained by the plaintiff.

Comparative Fault - In any personal injury lawsuit, a jury can find the plaintiff was negligent, and his/her conduct also caused the accident. In Texas, if the plaintiff and defendant are both negligent, the jury finds a percentage of fault for each party. If a plaintiff is 60% at fault or more, he cannot recover any damages. A finding of less than 60% fault on the part of a plaintiff will reduce the plaintiff's recovery by the percentage of fault.

Expensive to Prosecute - Litigation requires a significant investment of time and money; an attorney may spend many thousands of dollars preparing a case for trial. Because these cases are expensive, many products liability cases involving smaller injuries are not prosecuted.

Limitations on Recovery – The Texas Legislature has recently passed laws that (1) limit the liability of “innocent sellers” of most products, such as stores who sell products manufactured by others; (2) limiting the liability of drug companies for defective pharmaceuticals; and (3) severely restricting claims against products that are 15 years old. These laws may affect your ability to sue and should be discussed with an attorney.

Preserving the Product - It is important to keep the product in a safe place, where the condition will not change from the time of the accident. This often adds significantly to the cost of handling the case. However, without the product itself, it is often impossible to prove the defect existed.

Proving Injuries and Damages - Often, the hardest part of a case is proving the extent of injury. Many conditions (sprains, strains, pain) cannot be medically tested, and can only be proved by the testimony of the plaintiff. Defense lawyers often try to show the plaintiff is lying or exaggerating about his injuries or damages. Many good cases are lost because a plaintiff gives inaccurate or incomplete information to his lawyer or doctor. It is very important to be complete and honest in your answers to your lawyer's questions, and in statements to your doctors.

Elements Of Damages that can be recovered in a personal injury case are: Medical Expenses, Loss of Earning Capacity, Physical Pain and Suffering, Mental Anguish, Physical Impairment, and Disfigurement or Scarring. Damages are also available in the event of death, but only spouses, children and parents may bring a wrongful death claim.

Punitive Damages can be sought if the Defendant either (1) intended to cause injury or (2) knew his conduct created an extreme risk of severe injury and acted with conscious indifference to that risk. This is very difficult to prove, and many punitive damage awards are reversed by courts of appeal.

Statute of Limitations - Texas has a two (2) year statute of limitations in tort actions. Suits not filed by two (2) years from your date of injury are barred forever. Texas law also requires written notice of a claim must be given to units of city, state or federal government, often within 90 days to six months of an event. Failure to give proper notice may result in a claim being lost. Limited exceptions to these rules may affect the rights of minors and incompetents. However, these deadlines are rigidly construed. If you pursue a case, you should discuss these deadlines with an attorney.

Types of Insurance - Several types of insurance coverage may be involved in an automobile accident case:

Liability Insurance pays damages for an insured person's negligence. Most cases are "against" liability insurance companies.

Health Insurance plans cover treatment for injuries, although some require a specific doctor or hospital. Most plans have a subrogation provision: if you recover damages from a third party, you must reimburse the Plan out of that recovery.

Contingent Fees - Lawyers should handle injury cases on a contingent fee basis: the fee is a percentage of the recovery (usually one third to 40%), and no fees or expenses are charged unless your case is won or settled.

If you have been injured, you should do the following:

Seek medical care immediately;

Make a list of all witnesses to the incident;

Take photographs of the place where the injury occurred, of the product that caused your injury, and of the areas of your body which have visible injuries;

If possible, place the defective product in a safe location, where it will not be damaged further by persons or the weather;

iscuss your rights with an attorney.

We hope this information helps you understand more about Products Liability cases, and what is involved in any effort to prosecute and win a case in this area of the law.

top of page