Clark, Love & Hutson, PLLC

Houston Texas Plaintiff Litigation Law Firm

What do you need to know about opening statements in a trial?

With the prevalence of "court shows" on television, many of our readers in Texas are familiar with the overall process of a civil jury trial. Trials start with jury selection, and then move through the steps of openings statements, the presentation of evidence, closing arguments, jury instructions, jury deliberation and then, hopefully, a verdict. Each step of a civil jury trial is crucial, but opening statements set the stage for what is to come, which means these statements can make or break a case.

So, what do our readers in Texas need to know about opening statements in trial? Well, for starters, it is important to understand that, although TV dramatizes things quite a bit, a jury trial is very much like a theater production, in a sense. The attorneys, their clients, and all of the witnesses in the case play a role, even when they are not speaking. Jury members oftentimes pay attention to every little detail as the production unfolds, such as, for example, how a defendant reacts to seemingly crucial testimony from another witness.

"Discovery" is a crucial part of the litigation process

A common question that many people have about the litigation process is "why do lawsuits take so long to get resolved?" After all, most people probably think that if you have enough information to justify filing a lawsuit, then the facts should be quite clear. That isn't always the case. Sometimes, more information is needed even after a lawsuit is filed. That is when the "discovery" process comes into play.

"Discovery" is the legal term for the process where both sides share information before a case proceeds to trial. In many cases, the process is used by both sides to gather more information to support their respective claims. In other cases, discovery is used to confirm what is already, for the most part, known. Much of the discovery process includes questions that lead to answers given under oath. The presumption is that parties will be truthful in litigation.

Rebuilding lives and communities from the opioid crisis

Addiction doesn’t discriminate. It spans socio-economic lines, race, age and gender. The opioid epidemic’s toll has left a trail of grief, desperation and destruction in urban, suburban and rural communities. If you or someone you know is dealing with opioid addiction, you know what a nightmare it can be.

According to the Centers for Disease Control, 130 Americans die every day from an opioid overdose. Four hundred thousand people in the U.S. died from opioid overdose between 1997 and 2017. Almost half of Texas overdose deaths involve opioids.

Medical negligence claimed in personal injury lawsuit in Texas

There are, unfortunately, seemingly endless ways in which Texas residents can suffer injuries, many of which require medical treatment. When injuries happen to children, there is oftentimes a heightened sense of urgency to get treatment. According to a recent report, one family's rush to get medical treatment for their little girl after the girl was bitten by a rattlesnake did not go well at all, leading to alleged medical malpractice and a subsequent lawsuit.

The reports state that a rattlesnake bit the little girl in September of last year. Immediately after the bite occurred, the girl's family members took her to Ascension Seton Hays for emergency medical care. The lawsuit claims that the girl was brought in for medical treatment within 30 minutes of the bite occurring. The family also brought the dead snake along, apparently so that medical professionals could verify want type of snake caused the bite. However, the lawsuit alleges that the little girl was not given any anti-venom treatment in the first four hours she was at the medical facility.

Finding evidence to support defective medical device litigation

When companies that design and produce medical devices make mistakes, the results can be catastrophic. Defective medical devices can be much worse than other types of defective devices which, although they may not work properly, probably do not have the capacity to make a person's health condition worse, like defective medical devices do. When Texas residents are injured by defective medical devices or suffer worsened health conditions because of faulty medical devices, they may opt to pursue litigation.

However, just like all court cases, any type of civil litigation action that is based on a claim that a medical device is defective must be proven with evidence. When it comes to cases that involve complex medical terms and expert testimony to prove certain points, finding the right evidence can be a challenge. But, the effort may be worth it if injured victims are ultimately able to recover financial compensation to help them set their lives right again.

HIV/AIDS and PrEP medications may cause bone and kidney issues

People living with HIV/AIDS know that, until there is a cure, they will have to take daily medications in order to manage it.

If you are living with the autoimmune disease, you may have seen advertisements for medications with the brand names Viread and Truvada. People with a high risk of contracting HIV/AIDS sometimes use Truvada as a preventative (PrEP) drug, and doctors sometimes prescribe Viread to people diagnosed with the disease.

What are the basics of a civil trial in plaintiff litigation?

Each year in America hundreds of thousands of lawsuits are filed. The facts and laws involved in these cases can vary greatly, but the basic structure of a civil trial - if the case gets that far - is generally the same throughout the country. So, what are the basics of a civil trial in plaintiff litigation?

Well, for starters, it is important for our readers to understand that the vast majority of civil cases never reach the point of actually going to trial. Most settle well before that point. But, for those that do go to trial, the starting point is, some would argue, the most important step in the case: selecting the jury.

Legal considerations when dealing with defective medical devices

Medical devices save lives all the time. But, the unfortunate reality is that some medical devices turn out to be more dangerous than helpful. Defective medical devices can change a person's life at a time when he or she probably thinks that things are going to get better. When defective medical devices harm Texans, those individuals need to know the various factors that may be involved in any potential legal action.

For starters, there are timeframes to be aware of in terms of filing an actual lawsuit, if that is the desired course of action. State law determines when a lawsuit must be filed - or if it is too late. Secondly, a lawsuit based on a defective medical device can draw from two separate areas of the law: medical malpractice and products liability. While these are both sub-areas of the larger realm of "tort" law, there are nuances to these areas of the law, which is why victims need to get the right information about their own unique circumstances and how the law will apply.

Medical devices okay so far despite Texas cyberattacks

In four of the past five years, Texas health care providers have seen the highest number of cyberattacks of state in the country.

Experts are monitoring the role pacemakers and other implantable devices connected to a network might play in future attacks. Thus far, however, they believe individual patients face little danger from personal physical attacks from hackers.

Side effects of prescription drugs can outweigh the benefits

Millions of Americans are prescribed some form of drug for various mental and physical conditions and ailments. There is no doubt that many prescription drugs can be life-savers, allowing some people to live more regular, normal lives despite their health condition, whatever it may be. However, many prescription drugs have side effects and, sometimes, those side effects outweigh the benefits that can be gained from taking the medication.

For example, a recent report analyzed the use of prescription stimulants, such as Adderall. As our readers may know, in a general sense, a drug like Adderall is prescribed to help people improve their focus - a so-called "brain boost." Unfortunately, when drugs like this start to get a reputation for this type of benefit, it increases the possibility that the drug may be abused by those who do not have a valid prescription. But, valid prescription or not, sometimes these drugs do not even accomplish their intended purpose, as noted in the recent report.

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