If you are injured in a car accident in Texas, before you can collect damages, you must prove that the person who you believe caused the accident was the one at fault. There are other states that have no-fault laws, but Texas is not one of them. At Springer & Lyle, we work with you to prove the other party was at least more than 50 percent at fault for the accident, and then help you collect all the damages to which you are legally entitled. The Importance of Proving Fault Texas is essentially a contributory fault state. This means that if you are … [Read more...]
Is Community Property in Texas Always Split 50/50 In A Divorce?
Texas is a community property state, which means all property acquired by a couple during their marriage is considered to belong equally to them both. This appears that the community property should then be split 50/50 between the spouses, but this is not always the way it turns out. Texas law instructs the court to “order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.” This means property will not always be divided 50/50. Factors Court Considers … [Read more...]
What is the Difference Between Negligence and Gross Negligence?
Every day, people are injured in accidents. They fall off ladders, trip and fall on debris on the sidewalk, are injured in vehicle accidents, and more. Often, the accidents are due to one person’s negligence. If you were injured in an accident caused by the negligence of another person, you may have heard the term “gross negligence.” At Springer & Lyle, we help you understand the difference in negligence and gross negligence and what effect that has on the damages you can collect. Negligence Defined To collect damages for your injuries, … [Read more...]
What Happens When Someone Dies Without A Will in Texas?
If someone dies in Texas without a will, the Texas Estates Code governs how the estate is distributed. A person who dies without a will is said to have died “intestate.” The law provides complicated guidance as to how property of a person who dies intestate is divided. The important thing to remember is that the estate does not automatically go the state but is distributed among the decedent’s closest relatives. Property Exempted from Intestate Estate Distribution Laws Some types of property are exempted from the Texas Estates Code distribution laws that apply to … [Read more...]
Stages of a Texas Personal Injury Case
Every year, thousands and thousands of Texans are involved in accidents. They have car crashes, fall off ladders, get bit by dogs, slip, trip and fall, and more. But not every accident rises to the level of requiring a personal injury lawsuit to be filed. Our job at Springer & Lyle is to meet with you and determine if a lawsuit is necessary for your claim. All claims are different and must be evaluated on a case-by-case basis. The stages after the filing of the lawsuit include the following: Discovery Process After the lawsuit is filed and the opposing party has filed a … [Read more...]
Are All Assets Community Property?
When a married couple in Texas divorces, the law presumes that all property accumulated during the marriage is community property, which means it is owned jointly by both parties and should be divided equally between them. But all property may not belong to the community. One party may claim some assets as their own separate property. The law requires them to prove an asset is their own separate property by clear and convincing evidence. Assets Considered Community Property Assets that were accumulated during the marriage that are considered community property according to law … [Read more...]
Rear End Collisions – Who Is at Fault?
According to the National Highway Traffic Safety Administration (NHTSA), 0At Springer & Lyle, we are committed to helping our clients who were injured in a rear end collision, or who had a loved one killed in such a collision. The Driver in the Rear is Not Always at Fault A common myth is that the driver who runs into the back of a car is always at fault for the accident. Although this is often true, it is not always the case. If you were injured in a rear end collision, in order to collect your damages in Texas, you will have to prove the accident was the fault of the driver in … [Read more...]
Undue Influence: What Do I Need to Know?
A case about undue influence that is still talked about in Texas and around the country, began in Houston in 1994 when Vickie Lynn Marshall, known to the public as Anna Nicole Smith, age 26, married Texas billionaire, J. Howard Marshall, age 89. Just 14 months later, the billionaire died. And to Smith's surprise, she was left out of the will. Thus began 15 years of litigation. Smith sued the estate, claiming that J. Howard’s son, E. Pierce Marshall, used undue influence on his father to convince the elderly billionaire to leave her out of the will. The case made its way … [Read more...]
Benefits of Litigating a Personal Injury Claim
When you file a personal injury claim, your attorney will inform you whether your case will likely settle or go to trial. Around 95 percent of cases settle before trial. Settlement happens when the insurance company for the defendant, or a defendant, offers a reasonable amount for the damages in the case which makes the risk of getting something more at trial difficult to predict. Settlement is quicker, less stressful, and less risky than going to trial. If your case goes to trial, it will take longer because your attorney will need to conduct thorough and extensive discovery, which … [Read more...]
Myths About Divorce
If you are divorcing for the first time in Texas, you may be concerned about things you have heard. There are myths about divorce that our attorneys at Springer & Lyle want to clarify. Common Myths About Divorce Children can choose which parent they want to live with. In Texas, a child under the age of 18 cannot choose which parent to live with. Upon a request by either or both parents, a judge will talk privately with a child aged 12 or over and listen to their preference. The judge may or may not grant a request depending upon all the facts of the … [Read more...]