David Finn is a former elected trial judge. He knows the justice system, and, having presided over 450 jury trials as a judge, he knows how to communicate with a jury.

Prior to taking the bench, Mr. Finn was an aggressive and successful federal prosecutor in Dallas & Fort Worth, Texas. As an Assistant United States Attorney, Mr. Finn received honors from the United States Department of Justice for his exceptional performance working on the toughest federal cases. As a former prosecutor, Finn has the experience to anticipate the prosecutions moves. This knowledge is invaluable in investigations, plea negotiations, and in trial.

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If someone is injured on a restaurant's premises, does the victim have any recourse against the hotel?
If someone slips on spilled food or drink, snow and ice that has not been cleared from a walkway, or on wet tile floors or other slick surfaces, the restaurant might be liable if it knew or should have known about the danger and failed to warn patrons or clean it up. A restaurant could also be liable if someone is injured because of a design or building flaw (such as steps that are too steep), or due to the owner's failure to light an area properly.

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Can a restaurant be held responsible if someone is the victim of a crime at or near its premises?
A restaurant or other place of business usually cannot be held liable for crimes committed on or near the location unless it was on notice that a high crime rate existed and was able to stop it by providing sufficient warnings or taking better security measures. In such situations, the owner's general duty would be to warn about crime or encourage higher safety measures.

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If someone falls on a wet surface painted by the city can they still sue?
In many states, local governments are immune from recovery. Municipalities have a duty to keep streets and sidewalks in repair. An injured party might have a successful case against the city if he or she can show a failure to maintain a sidewalk properly. Such claims have important deadlines and procedural requirements; contacting an attorney is key when the government may be at fault for an injury.

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Can guests sue me if they were injured during a party I hosted?
Social guests are sometimes able to recover from their hosts, depending on how their injuries happened. Homeowners have a duty to warn or fix any dangerous conditions that guests are unlikely to recognize. For example, if a guest is injured from a fall down a winding stairwell, she may be able to recover if she could prove that the host knew other people had fallen and the guest was unlikely to realize its danger. The host probably should have warned guests about it, blocked off the entrance or provided a better railing.

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What is a Personal Injury?
 A Personal Injury is any physical or mental injury to a person as a result of someone's negligence or harmful act. Sometimes personal injury may be referred to as bodily injury. Personal injuries can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:

  • Auto accidents
  • Dangerous or Defective Product Injuries (Product Liability)
  • Aviation Disasters
  • Professional Malpractice
  • Workers Compensation
  • Wrongful Death
  • Toxic Exposure
  • Home Accidents
  • Dog Bites

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What financial compensation is can I get in a personal injury claim?
Personal Injury Victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. The damages may include the following.

  • Medical bills
  • Lost Wages, including overtime
  • Pain & Suffering
  • Physical Disability
  • Disfigurement
  • Permanent Scars
  • Emotional Trauma
  • Mental Anguish
  • Loss of Enjoyment
  • Loss of Love & Affection
  • Embarrassment
  • Mental Disability
  • Property Damage
  • All out of pocket expenses (transportation charges, house cleaning, etc.)

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Who is responsible when a person is injured?

The law of personal injury is concerned with determining who may be responsible for your injuries and how much they should be required to pay for your damages. Personal injury is part of the law of torts, the legal term that includes many types of injuries to people and their property. Every tort claim must include four basic elements including duty, breach of duty, damages, and proximate cause. The defendant must have a legal duty toward the plaintiff. The defendant must have violated that legal duty. The plaintiff must have suffered some harm for which the law allows an award of monetary damages. The defendant's breach of a legal duty must be related to the plaintiff's injury closely enough to be considered a proximate cause of the injury.

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How do I decide if I need to hire an attorney?

There are situations where an attorney is unnecessary, such as very small cases. Small claims court in Texas will handle claims up to $5000. If your injury is a minor one that will not result in any incapacity, or substantial medical care, then you may want to settle it yourself in small claims court. An attorney should be consulted if you have been seriously injured or are unsure as to the outcome of your injury. These cases can get quite complicated. In such cases, an attorney will have the legal expertise, time and resources to effectively handle your claim. An experienced personal injury attorney will be able to accurately analyze the value of your case and will be able to meet all of the rules, requirements and deadlines that have to be met. You will most likely have to deal with a professional insurance adjuster from an insurance company. The sole job of the adjuster is to try to settle the claim for as little as possible. Without knowledge of the complex insurance laws and policy provisions, a person could easily give away valuable rights and lose reasonable compensation. Also of note is the fact that statistics show insurance companies pay more than twice as much compensation when an attorney is involved in your claim.

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How long do I have to hire an attorney?

The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For these reasons, it is important to consult an attorney as early as possible to be sure you don't miss a crucial deadline.

In Texas, most actions for personal injury or wrongful death must be brought within two years from the date when the cause of action accrues. In many cases, the cause of action accrues on the date of the incident, but there may be exceptions when the injury could not have reasonably been discovered until a later date. If, at the time the cause of action accrues, the claimant is under the age of eighteen years or is of unsound mind, the time of the disability is not included in the limitations period.

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What damages can I recover?

You are entitled to recover for any actual damages that were proximately caused by the wrongful conduct of the defendant. Actual damages refers to the amount of money it would take to fully compensate you and place you in the same position you would have been in had the injury never taken place. You can recover for losses such as costs of reasonable and necessary medical care, property damage, car rental expenses, costs of domestic services, and loss of earnings. The law allows compensation for future medical and care expenses that the claimant can prove will be reasonably necessary to treat the injury. The claim may include income the claimant can prove will probably be lost in the future because of the injuries. Loss of earning capacity is also allowed when the patient proves he or she is less able to earn a living as a result of the injuries

You are also entitled to non-economic damages for physical pain and suffering, mental and emotional suffering, physical impairment, inconvenience, disfigurement, loss of enjoyment of life, loss of consortium (disruption of your personal relationship with your spouse), etc. There is no definite standard of calculating reasonable compensation for these types of damages other than being just and reasonable in light of the evidence. They are assessed in light of the nature, extent, and length of time the injury lasts.

Sometimes a person is so severely injured that he or she cannot care and support loved ones the way he or she did before the injury. In appropriate circumstances, the law permits damages to be recovered by family members of negligently injured people for the loss of the love, care, affection, companionship, and other pleasures of the family relationship that are lost because of the injury.

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