Jun 27
0
Inside a courtroom at the Tarrant County Criminal Courthouse, where routine criminal case settings like Initial Appearance and Pre-Trial Hearings take place

What to Expect at the Tarrant County Criminal Courthouse

By | Criminal Defense
Inside a courtroom at the Tarrant County Criminal Courthouse, where routine criminal case settings like Initial Appearance and Pre-Trial Hearings take place

Understanding what to expect during your criminal court settings at the Tarrant County Courthouse can help reduce anxiety and prepare you for each step in the legal process.

When someone is facing criminal charges, after an arrest and getting out of jail, one of the next events that causes someone in this situation a good amount of anxiety is having to navigate through the often-foreign process of the criminal courts system. Knowing more about how this process works can ease your mind a bit and help you focus on the substance of what you and your attorney will work towards in your case. 

This article aims to give you what you need to know and expect at the Tarrant County Criminal Courthouse and attending court settings.

Types of Court Settings

 

The Initial Appearance Court Setting (IA)

When a case has been filed by the District Attorney, a court is assigned to that case. In Tarrant County, the first thing that the court will do is set what is called an Initial Appearance (IA) court date. The sole purpose of the IA is for the court to determine what the status is of you being represented. The court is ordering you to come to the IA to either inform the court 1) whether you have an attorney or will be hiring one or 2) if you would like to apply for a court-appointed attorney. Typically, the court informs you of this setting via text message. Because most people are not familiar with what an IA is, they typically get concerned about having to go to court for this and assume that something more significant is going to take place in this setting. However, the IA is not a trial, and not a setting where anything other than addressing a person’s attorney situation is addressed. 

The good news is that if you hire an attorney before this setting, then the attorney should enter a Letter of Representation with the court. Once the court receives that Letter of Representation, then the court will typically cancel that setting and reset the case to a later date to allow time for the attorney to obtain discovery and start working on your case.

The IA is a formal setting and if you receive notice to be at court and you haven’t retained an attorney, you must attend this setting. Important: For any setting notice that you receive from Tarrant County, you must be there unless notified otherwise by the court or your attorney. Failure to appear to court after being notified of a setting can and will result in a warrant being issued for failure to appear.

Routine Court Settings (Pre-Trial, Evidence Exchange, Motions Docket)

After the IA has either been rescheduled or held, then you should have an attorney (either by retaining one or by receiving court-appointed counsel). From that point, the court will set routine settings approximately every 30 days (although this time period varies depending on the size of the court’s dockets at a given time). Some courts have different names for these settings and will schedule them in different orders. In general though, regardless of whether the setting is called a pre-trial setting, evidence exchange, or even sometimes a motions docket, these settings all typically proceed in the same manner (explained below). 

At all of these settings, the Judge, you, your attorney and the State’s prosecutor assigned to your case will be present for court. And, at any of these settings the case can be disposed of either by way of a dismissal or guilty plea. If a guilty plea is worked out, then you will go in front of the Judge with your attorney to formalize the plea and conclude the case. If a dismissal is obtained, then the prosecutor can file their Motion to Dismiss with the Judge on any of these settings as well. If further negotiations are going to be required and nothing is resolved, then the court will continue to move the case forward by resetting the case to the next setting to continue to give your attorney and the State an opportunity to resolve the case without having to set the case for trial.

Status Conference and Trial Settings

As the case moves through the order of settings, the court will not allow the case to simply be reset over and over again inevitably. In general, a case will be given around 3 settings before the Court sets the case for what is called a Status Conference setting. The Status Conference setting is regarded as the final setting before the case is set for trial and is the setting where the Court is looking for either the case to be pled out or set on a trial docket. 

If the case is not either dismissed or pled, then the court will set the case for a Trial docket. The routine settings and status conference setting generally proceed in the same manner (explained below). The Trial Setting is unique and is the setting that most people think of as far as what Court looks like from what they’ve seen on television and movies. 

Again, for all court settings that you receive notice of, you must be present or the court will issue a warrant for failure to appear. You should keep in close contact with your attorney regarding all settings to confirm the setting. Sometimes things do change, and your attorney should have a direct line to the court to be able to confirm that the setting is scheduled and to confirm that you will be required to come to court for that particular setting.

What To Expect at Court Settings

 

What Happens at a Court Setting (Routine Settings and Status Conference)

At routine court settings, there are generally 20-40 people set on the same docket (list of cases scheduled for that day) all at the same time. Some people have this idea that when they go to court it will just be them and their attorney alone in the courtroom with the prosecutor and Judge. However, this is far from the case. With up to 40 (sometimes even more) people all set at the same time on the same docket, the routine court settings are often extremely crowded and busy. Your notice for your setting will typically tell you that the setting is scheduled for 8:30 or 9:00 a.m. (this too can vary). Regardless of when the setting is scheduled for, the court’s text-message notice will usually tell you to be at court an hour to an hour and a half early. The reason for this is because (with the amount of people all coming at the same time to the courthouse for docket) parking and getting to your individual court on packed elevators can significantly delay you actually getting to your court. It’s good advice to follow that direction and come to court early. The primary reason you want to do this is because the Judge in the court will often call “roll” for everyone on the docket at exactly the time when court is scheduled for (think “roll-call” like when you were in school). In addition, almost every court has you check in with the bailiff (as you will see others doing) right when the courtroom doors open (and they often don’t open them until right before the scheduled start time). The court/bailiff will note what time you have arrived at court. Being late to court can also potentially result in you being taken into custody. So, get to your setting early and immediately go into the courtroom when the doors open and check in with the bailiff that will be sitting at his/her desk in the courtroom. 

We often tell our clients that their most important job for these routine court settings is to be there and be there on time. Other than that, your attorney should be taking the lead from there and will inform you on what’s going on with the case and what to expect moving forward. 

During these routine settings, everyone scheduled for court will sit in the audience-portion of the courtroom while their attorney’s are speaking with the prosecutors about the cases (either in the courtroom or in a room behind the courtroom). Your attorney will usually get you after they’ve spoken with the State and take you into the hall to update you on the case. Once that is done, your attorney will update the court with the status of the case and the case will either be reset or if a plea has been worked out your attorney will go over plea paperwork and talk to you about what happens next. If the case is just going to be reset, then your attorney should inform you of this and let you know when you can go. 

All routine settings and even the Status Conference setting proceed in this same general manner. However, if you attend the Status Conference and don’t enter a plea on your case, then the case will be placed on a Trial Docket for a Trial setting explained below.

What Happens at a Tarrant County Trial Setting

If the case was not resolved (by way of a dismissal or plea) during one of the routine settings, then the case will be set for Trial. You should be maintaining good contact with your attorney after the Status Conference (if the case is set for trial), because the Trial setting means that your case very likely will be actually going to trial on that date. 

While courts do typically set multiple cases for trial on the same date, you and your attorney should anticipate that your case will be going to trial on that date regardless. Your attorney will be in contact with the State to gauge a little more about whether you’re the #1 case on the docket or not. But, even if you’re not the #1 case on the trial docket that doesn’t mean that the cases set in front of you won’t all get pled out leaving your case to be up for trial. 

Trial will proceed on the Trial Date by way of picking the jury, opening statements, presentation of evidence and closing statements. Trial can take a day for some simple misdemeanors or it can take weeks or even months (for capital felonies). Regardless, that process starts on the day of the Trial setting and continues until a verdict (and potential sentencing) occurs in the case.  

Conclusion

 

If you’ve never been through the criminal justice system in Tarrant County, the prospect of “going to court” can be frightening and certainly foreign. But, knowing what to expect hopefully eases some of that anxiety. Ultimately, the best way to manage this stress is to retain an experienced attorney who has the knowledge, background and communication with you to keep you informed as to what to expect every step of the way. 

At the HLAW law firm, we are committed to walking side-by-side with our clients and always being mindful of the stress you’re under when facing criminal charges. We take as much time as we need to make sure you’re fully informed every step of the way and to make sure you understand the process and what to expect.

If you’re facing criminal charges, contact the HLAW firm today for a free consultation to start getting prepared for your defense and to learn what more you might need to expect  at the Tarrant County Criminal Courthouse.

Jun 26
0
Concerned parent holding child’s hand after injury, symbolizing support during a Texas personal injury claim for minors

Personal Injury Claims for Children in Texas: What Parents Need to Know

By | Personal Injury
Concerned parent holding child’s hand after injury, symbolizing support during a Texas personal injury claim for minors

When your child is injured, understanding your legal options is crucial. Learn how HLAW helps families navigate child injury claims in Texas.

When a child is injured due to another’s negligence, parents are thrust into a world of emotional stress, medical decisions, and legal confusion. In Texas, personal injury claims involving children differ significantly from those involving adults—and understanding these nuances is critical to protecting your child’s rights and future.

At the HLAW law firm, we’ve represented children and families across Texas in personal injury cases. Our team understands the delicate balance between legal complexity and the care families need after a traumatic event. Below, we explain everything Texas parents should know about pursuing a child injury claim, including deadlines, guardianship requirements, settlement procedures, and court oversight.

Children Have a Right to Compensation—But Cannot File Their Own Lawsuit

In Texas, minors (individuals under age 18) lack legal capacity to file lawsuits or enter into binding legal contracts. However, Texas law does not prohibit a minor from recovering compensation for injuries caused by another person’s negligence.

Who Can File on the Child’s Behalf?

Under Texas Rule of Civil Procedure 44, a next friend (usually a parent or legal guardian) may file suit on behalf of the child. The court will also typically appoint a guardian ad litem or formal legal guardian under certain circumstances to ensure the child’s interests are fully protected.

Statute of Limitations: Special Rules for Minors

For most adult personal injury claims, the statute of limitations in Texas is two years from the date of the incident, per Texas Civil Practice & Remedies Code § 16.003(a). However, when the injured party is a minor, the timeline is different.

Tolling for Minors

Under § 16.001(a)(1) and (b), a person is under a legal disability if they are under 18. The limitations period is tolled (paused) until the minor reaches their 18th birthday.

This means the child generally has until their 20th birthday to file their claim.

BUT: Parental Claims Are Still Limited

Parents, however, are entitled to bring separate claims for:

These parental claims are not tolled and must be brought within two years of the incident.

Settlement of a Minor’s Personal Injury Claim Requires Court Approval

Texas law is particularly protective of minors’ rights, especially when it comes to settlements. Even if all parties agree to settle, a Texas court must approve the settlement before it becomes enforceable.

Tex. Estates Code § 1351.001 allows for court approval of a minor’s settlement and details when court-created accounts or guardianships of the estate are required.

The Court Approval Process:

  1. File a Petition for Approval of Minor’s Settlement
  2. Appointment of a Guardian Ad Litem (if required)
  3. Conduct a Prove-Up Hearing
  4. Court evaluates:
  • Whether the settlement is fair and reasonable
  • Whether proceeds are being protected for the child’s benefit
  • Judge enters an order approving the settlement and disbursing funds appropriately

Courts routinely use Tex. R. Civ. P. 173 to appoint a Guardian Ad Litem when necessary.

The Role of a Guardian Ad Litem

When court approval is needed, the judge may appoint a Guardian Ad Litem—an independent attorney tasked with evaluating whether the proposed settlement is in the child’s best interest.

Tex. R. Civ. P. 173.4(c): “The guardian ad litem may participate in mediation or negotiation, and may testify or submit a report and recommendations to the court concerning the settlement.”

Their report may influence the judge’s decision significantly. This neutral third party ensures that no conflict of interest exists between the child and the parent or attorney, especially in cases involving large settlements or parental claims for reimbursement.

Important: The Guardian Ad Litem’s fees are usually paid from the settlement, and the court must also approve this fee.

Where Does the Money Go? Distributing a Minor’s Settlement

Texas law mandates protections for how a minor’s injury settlement is handled. The funds cannot simply be handed over to the parents.

Acceptable Methods of Disbursement:

  • Court Registry (Estates Code § 1351.003): The funds are deposited with the court and released when the child turns 18.
  • Structured Settlement Annuities: Payments begin at age 18 (or another age specified by the court) and continue periodically.
  • Trust Accounts: In some cases, a special needs trust or guardianship of the estate may be necessary to preserve eligibility for benefits.

If the net recovery is over $100,000, courts often require appointment of a guardian of the child’s estate under Tex. Estates Code § 1104.001.

Medical Expenses and Insurance Subrogation

In Texas, medical bills for a minor are generally considered the legal responsibility of the parents until the child turns 18. These bills form the basis of the parents’ own personal injury claim, which is subject to the standard 2-year statute of limitations.

Also, beware of health insurance subrogation claims. Under Tex. Civ. Prac. & Rem. Code § 140.005, insurers may seek reimbursement from settlement funds for amounts they paid toward the child’s treatment, but parents may have negotiation rights to reduce this lien. An experienced Texas personal injury attorney can be crucial in the success of this process as well.

Why You Need an Experienced Attorney for a Child Injury Claim

Navigating a child injury case is not simply about negotiating with insurance companies. It requires:

  • Managing dual claims for both parent and child
  • Understanding court approval procedures
  • Navigating guardian ad litem investigations
  • Handling structured settlements and trusts
  • Coordinating with insurance subrogation departments

At the HLAW law firm, our attorneys bring over years of experience handling minors’ personal injury settlements across Texas. We understand how to protect your child’s legal and financial future, and how to advocate for your family at every step.

Final Thoughts: Don’t Wait to Act

While the statute of limitations may be tolled for a child’s injury, critical evidence—such as witness statements, photographs, and medical records—can fade over time. Early legal action helps ensure the strongest possible claim and maximizes your child’s recovery.

Contact HLAW Today

If your child has suffered a serious injury, contact HLAW to speak with an experienced Texas child injury attorney and a free case evaluation. We’ll walk you through every step of the process—from investigating the claim to finalizing a court-approved settlement that protects your child’s future.


Jun 25
0
Texas DWI License Suspensions and Occupational Driver’s Licenses - What Texas drivers need to know about DWI license suspensions, ALR hearings, and obtaining an ODL after a DWI arrest.

Texas DWI License Suspensions & Occupational Driver’s Licenses: What You Need to Know (Including Felony DWIs)

By | DWI
Texas DWI License Suspensions and Occupational Driver’s Licenses - What Texas drivers need to know about DWI license suspensions, ALR hearings, and obtaining an ODL after a DWI arrest.

Understanding Texas DWI license suspensions and how to obtain an Occupational Driver’s License (ODL) after a DWI arrest or conviction.

If you’ve been arrested or convicted for a DWI in Texas, one of the first consequences you’ll face is a driver’s license suspension. Whether it’s your first offense or a felony DWI, navigating the suspension and reinstatement process is critical. Fortunately, Texas law allows many drivers to apply for an Occupational Driver’s License (ODL) so they can continue driving for essential purposes.

This guide breaks down everything you need to know about DWI-related suspensions, ODL eligibility, and how to navigate the system—with easy-to-read charts and legal citations to help you understand your rights.

Administrative vs. Criminal License Suspension

There are two ways your license can be suspended after a DWI arrest in Texas:

  • Administrative License Revocation (ALR)
  • Criminal Court Suspension

ALR Suspension Periods (Texas Transportation Code §§ 524 & 724)

Offense Type Suspension Period Statute
1st DWI – Refusal 180 days  Texas Transportation Code § 724.035(a)(1)
1st DWI – Test Failure 90 days Texas Transportation Code § 524.022(a)(1)
2nd+ DWI – Refusal 2 years Texas Transportation Code § 724.035(b)
2nd+ DWI – Test Failure 1 year Texas Transportation Code § 524.022(a)(2)

Criminal Conviction Suspensions (Texas Code of Crim. Proc. 42A.407 & Texas Transportation Code § 521.344)

Conviction Type Suspension Range
1st DWI 90 days – 1 year
2nd DWI 180 days – 2 years
DWI with Child Passenger

2 DWI’s w/in 5 years

 180 days – 2 years

1 – 2 years

Felony DWI in Texas: Penalties & Suspension Periods

Felony DWI Offense Classification Suspension
3rd or Subsequent DWI Third-Degree Felony 180 days – 2 years
DWI w/ Child Passenger State Jail Felony 90 days – 1 year
Intoxication Assault Third-Degree Felony 180 days – 2 years
Intoxication Manslaughter Second-Degree Felony 180 days – 2 years

Occupational Driver’s License (ODL): Who Can Apply?

An ODL is a restricted license that allows you to drive to work, school, medical appointments, and for essential household duties. An occupational license cannot be granted for the operation of a commercial vehicle.  Texas Transportation Code § 521.2424

What You’ll Need to Get an ODL

Requirement Statute / Rule
Essential Need Affidavit Texas Transportation Code § 521.2421(d)(1)
SR-22 Insurance 37 Tex. Admin. Code § 25.6
Certified Driving Record (Type AR) Texas Transportation Code § 521.2421(d)(4)
Interlock Device (if applicable) Texas Transportation Code § 521.246
Court Order with Restrictions Texas Transportation Code § 521.248
Submission to DPS

Applicable fees including reinstatement fees and ID fees

 Texas Transportation Code § 521.248(f)

 

Steps to Get an Occupational License After DWI

  1. File a Petition – in county or district court
  2. Gather Required Documents – SR-22, driving record, affidavit, IID proof(if applicable)
  3. Attend Hearing – judge may impose conditions
  4. Submit to DPS – with required documents and fee

Conclusion: Protect Your License and Your Future

A DWI arrest doesn’t have to end your ability to work, care for your family, or rebuild your life. Understanding Texas’s license suspension laws—and how to pursue an Occupational Driver’s License—can make all the difference.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), we help clients navigate both the criminal and administrative processes to minimize disruption and protect their future.

If you’ve been arrested for DWI—whether misdemeanor or felony—reach out today for experienced guidance and effective legal representation.

Jun 23
0
X-ray of shoulder and ribcage highlighting pre-existing conditions in Texas personal injury claims

How Pre-Existing Conditions Affect Your Texas Personal Injury Claim

By | Personal Injury
X-ray of shoulder and ribcage highlighting pre-existing conditions in Texas personal injury claims

Understanding how pre-existing injuries impact personal injury cases under Texas law, including the eggshell plaintiff rule.

When you suffer an injury in Texas due to someone else’s negligence, you have the right to seek compensation, even if you had a pre-existing condition. However, insurance companies often use your prior medical history to limit or deny your claim. This is where Texas law and the “eggshell plaintiff” rule come into play.

Understanding Pre-Existing Conditions in Personal Injury Claims

A pre-existing condition refers to any medical issue or injury you had before the accident. Common examples include:

  • Back or neck problems
  • Arthritis
  • Previous surgeries
  • Degenerative disc disease
  • Old fractures or soft tissue injuries

When a new accident aggravates or exacerbates these conditions, questions often arise about how much of your current injury is due to the new incident versus your prior health issues.

The Eggshell Plaintiff Rule in Texas

Under Texas law, the “eggshell plaintiff” rule protects injured victims who have pre-existing conditions. This rule is derived from common law principles and is routinely recognized by Texas courts.

The Texas Pattern Jury Charge (PJC 28.6) includes specific language on pre-existing conditions:  “If a pre-existing injury or condition was aggravated by the occurrence in question, you are to determine the amount of damages that resulted from the aggravation.”

Simply put, under the eggshell plaintiff rule, a defendant takes the plaintiff as they find them. If the defendant’s negligence causes additional harm to someone who is more susceptible to injury due to a pre-existing condition, they are still fully responsible for the entire extent of the harm caused.

Insurance Companies’ Tactics

Despite the eggshell plaintiff rule, insurance companies routinely argue that your injuries were not caused by the accident but were instead due to your pre-existing conditions. Their tactics often include:

  • Requesting extensive medical records
  • Hiring defense medical experts
  • Arguing that only a minor aggravation occurred
  • Blaming natural degeneration or aging

These arguments can significantly reduce your settlement offer if you don’t have strong legal advocacy.

Texas Law: Proximate Cause and Apportionment of Damages

In Texas, the legal concept of “proximate cause” is crucial (Texas Pattern Jury Charge PJC 2.4). The defendant is liable for injuries that are the foreseeable result of their negligence, even if the plaintiff’s pre-existing condition made the injuries worse.

However, if part of your injury was truly unrelated to the accident, the jury may apportion damages. Texas Civil Practice and Remedies Code §33.003 allows for proportionate responsibility, though this typically applies to multiple defendants rather than distinguishing between pre-existing and new injuries.

In Leitch v. Hornsby, 935 S.W.2d 114 (Tex. 1996), the Texas Supreme Court reaffirmed that defendants are liable for the full extent of harm caused by their negligence, even when pre-existing conditions make the injury worse.

Key Takeaways for Injured Texans

  •  You are entitled to compensation for the full extent of your injuries, even if you had a pre-existing condition.
  • The defendant cannot escape liability by arguing you were already vulnerable.
  • Insurance companies will likely try to minimize your claim by focusing on your medical history.
  • Having thorough medical documentation and an experienced personal injury attorney can make a significant difference.

Protecting Your Rights

If you have suffered a pre-existing injury accident in Texas, don’t let insurance companies take advantage of you. An experienced personal injury attorney can:

  • Gather and present your medical evidence effectively.
  • Retain medical experts to support your case.
  • Ensure the jury understands how the accident aggravated your pre-existing condition.
  •  Maximize your compensation under Texas law.

At the HLAW Firm, we have extensive experience dealing with complex cases involving pre-existing injuries. Contact us for a free consultation if you or a loved one has been injured.

Jun 19
0
Texas parking lot and sidewalk injury — premises liability law explained

When Property Owners Are Liable for Injuries on Sidewalks or Parking Lots in Texas

By | Personal Injury
Texas parking lot and sidewalk injury — premises liability law explained

HLAW Firm helps victims of parking lot and sidewalk injuries pursue justice under Texas premises liability law.

Sidewalks, parking lots, and other exterior areas of businesses and properties are often taken for granted. But for many personal injury victims, these seemingly ordinary places are where accidents happen. In Texas, property owners can be held legally responsible for injuries that occur on these exterior spaces under premises liability law.

Understanding Premises Liability for Exterior Areas

Texas premises liability law is governed primarily by common law principles and influenced by the Texas Supreme Court’s decisions, such as Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex. 1983), and Keetch v. Kroger Co., 845 S.W.2d 262 (Tex. 1992). These cases establish that property owners and occupiers have a duty to maintain their premises in a reasonably safe condition and warn of known dangers.

While many associate premises liability with incidents inside buildings, Texas law applies the same principles to exterior areas, including:

  • Sidewalks
  • Parking lots
  • Driveways
  • Entryways
  • Outdoor common spaces

Who Is Responsible for Sidewalks and Parking Lots?

Liability depends on ownership and control:

  • Private Property Owners: Businesses, shopping centers, apartment complexes, and private property owners are generally responsible for maintaining their sidewalks, parking lots, and driveways. See CMH Homes, Inc. v. Daenen, 15 S.W.3d 97 (Tex. 2000).
  • Public Entities: If a sidewalk or parking lot is owned or maintained by a governmental entity, sovereign immunity laws apply under the Texas Tort Claims Act (TTCA), Texas Civil Practice & Remedies Code Chapter 101. This law provides limited waivers of immunity but imposes strict notice requirements and damage caps.
  • Shared Responsibility: Property managers, tenants, or contractors may share liability depending on contractual obligations and control over the premises.

Common Exterior Hazards Leading to Injury

Some of the most frequent causes of sidewalk and parking lot injuries in Texas include:

  • Uneven or cracked pavement
  • Potholes
  • Loose gravel or debris
  • Poor lighting leading to inadequate visibility
  • Inadequate drainage causing slick surfaces
  • Missing or poorly marked curbs or steps
  • Failure to address ice, snow, or standing water (though Texas rarely deals with ice, occasional winter storms can create hazards)

Legal Standard: The Duty Owed to Visitors

Under Texas law, the duty owed depends on the status of the injured person:

  • Invitees (business customers, tenants, guests): Property owners owe the highest duty of care. They must inspect the property and either remedy dangerous conditions or warn of their existence. See Wal-Mart Stores, Inc. v. Gonzalez, 968 S.W.2d 934 (Tex. 1998).
  • Licensees (social guests): Property owners owe a duty to warn of known dangerous conditions that are not obvious.
  • Trespassers: Generally, the duty is minimal, though landowners cannot willfully or wantonly cause harm.

Proving Liability in Texas Parking Lot and Sidewalk Injury Cases

To succeed in a premises liability claim for a parking lot injury or sidewalk trip fall liability in Texas, the injured party typically must prove:

  1. The property owner had actual or constructive knowledge of the dangerous condition.
  2. The condition posed an unreasonable risk of harm.
  3. The property owner failed to take reasonable steps to reduce or eliminate the risk.
  4. The failure directly caused the injury.

Constructive knowledge can be established by showing the condition existed long enough that the owner should have discovered it through reasonable inspection. This standard was clarified in Brookshire Grocery Co. v. Taylor, 222 S.W.3d 406 (Tex. 2006).

Challenges in Sidewalk and Parking Lot Cases

These cases often hinge on:

  • Photographs or video of the hazard
  • Maintenance logs and inspection reports
  • Witness statements
  • Expert testimony (engineering reports, lighting studies, or building code violations)

In urban areas, municipal codes may establish maintenance standards that can strengthen a negligence claim if violated.

Governmental Claims: Special Considerations

Claims against a governmental entity in Texas face unique hurdles under the TTCA:

  • Plaintiffs must provide written notice of the claim within six months of the injury (or less if required by local charter).
  • Damages are capped ($250,000 per person/$500,000 per occurrence for state entities).
  • The plaintiff must prove actual knowledge of the dangerous condition by the governmental unit.

Statute of Limitations in Texas

Under Texas Civil Practice & Remedies Code Section 16.003, the general statute of limitations for personal injury claims is two years from the date of injury. Prompt action is crucial, especially in cases involving public entities due to additional notice requirements.

Damages Available

In a successful premises liability case, injured victims may recover damages for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Permanent impairment or disability
  • Future medical care needs

Why Exterior Premises Liability Claims Matter

Sidewalk and parking lot injuries can result in serious harm: fractures, head trauma, spinal injuries, or even lifelong disabilities. Property owners must take reasonable steps to protect visitors not only inside but also outside their buildings.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), we understand the complexities of Texas premises liability law. If you or a loved one has been injured in a sidewalk or parking lot accident, don’t wait. Contact our experienced personal injury attorneys today for a free consultation and let us fight for the justice you deserve.

Jun 17
0
Person attempting vehicle theft with gloved hands and a tool, representing theft crimes in Texas

Understanding Theft Under Texas Criminal Law: A Comprehensive Guide

By | Theft
Person attempting vehicle theft with gloved hands and a tool, representing theft crimes in Texas

Know your rights: Theft charges in Texas range from petty shoplifting to felony offenses—get the legal defense you deserve.

In Texas, theft is defined under Texas Penal Code § 31.03 as the unlawful appropriation of property with intent to deprive the owner of it. But that simple definition masks a wide range of possible charges—from shoplifting a T-shirt to stealing corporate funds. The consequences vary significantly depending on the value of the property, the method of theft, and whether aggravating factors are involved.

In this guide, we break down the different types of theft charges in Texas, the applicable laws, penalties, and why having an experienced Texas theft defense attorney is critical to protecting your rights.

Types of Theft Charges in Texas

1. Misdemeanor Theft (Sometimes Referred to as “Petty Theft”)

Legal Definition: Theft of property valued at less than $2,500, under Tex. Penal Code § 31.03(e).

Charge Level and Penalties:

  • Class C Misdemeanor: Property worth less than $100
     • Fine up to $500
  • Class B Misdemeanor: $100 to $749 or if the defendant has a prior theft conviction
     • Up to 180 days in jail and a $2,000 fine
  • Class A Misdemeanor: $750 to $2,499
     • Up to 1 year in county jail and a $4,000 fine

2. Felony Theft (Including Aggravated Theft)

Legal Definition: Theft becomes a felony when the value of the stolen property exceeds $2,500 or involves certain protected items, like firearms, livestock, or election ballots.

Felony Theft Levels:

  • State Jail Felony: $2,500–$29,999
     • 180 days to 2 years in state jail, up to $10,000 fine
  • Third-Degree Felony: $30,000–$149,999
     • 2–10 years in prison
    Second-Degree Felony: $150,000–$299,999
     • 2–20 years in prison
  • First-Degree Felony: $300,000 or more
     • 5–99 years or life imprisonment

Aggravating Circumstances:

  • Offense against elderly or nonprofit entities
  • Use of deception or breach of fiduciary duty
  • Use of a weapon (often charged separately or elevates to robbery)

3. Robbery and Burglary: Theft With Force or Intrusion

Although distinct offenses, robbery and burglary often stem from theft-related conduct and are charged under separate statutes:

Robbery – Tex. Penal Code § 29.02

  • Involves intentionally or knowingly causing bodily injury or threatening another while committing theft.
  • Second-Degree Felony: 2–20 years in prison

Aggravated Robbery – Tex. Penal Code § 29.03

  • Use of a deadly weapon, serious bodily injury, or offense against elderly/disabled person.
  • First-Degree Felony: 5–99 years or life imprisonment

Burglary – Tex. Penal Code § 30.02

  • Entering a building without consent with intent to commit theft, assault, or another felony.
  • Can range from a State Jail Felony (uninhabited buildings) to a First-Degree Felony (habitations with intent to commit felony).

4. Shoplifting

Shoplifting is a form of theft prosecuted under the same § 31.03 statute, but it frequently involves unique elements like store surveillance, witness statements, and security procedures.

Factors Affecting the Charge:

  • Value of merchandise
  • Use of devices to shield items from detection (which may elevate charge to Organized Retail Theft under Tex. Penal Code § 31.16)
  • Prior convictions can increase punishment range

Diversion Programs: In some counties (and in Tarrant County, Texas), first-time offenders may be eligible for pretrial diversion or deferred adjudication, avoiding a conviction if successfully completed.

5. Receiving or Possessing Stolen Property

Texas law treats knowingly receiving or possessing stolen property the same as stealing it, under Tex. Penal Code § 31.03(b).

Prosecution Must Prove:

  • Property was stolen
  • Defendant knew or should have known it was stolen

Penalty Level: Based on value of property and criminal history, ranges from Class C misdemeanor to first-degree felony

Penalties for Theft in Texas: A Breakdown

  1. Value of Property: The main driver of the charge level—from minor fines to multi-decade prison sentences.
  2. Prior Convictions: Repeat offenses often elevate even low-value thefts to higher classes of misdemeanors or felonies.
  3. Special Victims or Circumstances:
  1. Restitution and Civil Liability: Courts often order restitution, and under the Texas Theft Liability Act (Tex. Civ. Prac. & Rem. Code § 134.001), victims can sue offenders for civil damages.

Why You Need a Skilled Theft Defense Attorney in Texas

Theft charges may seem straightforward, but legal defenses are often nuanced:

  • Lack of intent to permanently deprive
  • Mistake of fact (believing the item belonged to you)
  • Illegal search or seizure (4th Amendment violations)
  • Coercion or duress

An experienced Texas theft lawyer can:

  • Assess the prosecution’s evidence
  • Challenge constitutional violations
  • Negotiate a reduction or dismissal
  • Fight for a favorable plea or trial outcome

At the HLAW Firm, we take a client-centered approach to every criminal case. Whether you’re a first-time offender or facing felony theft, we’re here to protect your rights and your future.

Conclusion

Theft charges in Texas cover a wide spectrum—from simple shoplifting to major corporate embezzlement. But regardless of the value or circumstances, a conviction can carry serious consequences for your freedom, record, and reputation.

If you’re facing any type of theft charge, don’t navigate the legal system alone. Contact the HLAW Firm today to schedule a confidential case review and get the strong, experienced representation you deserve.

Jun 12
0
Doctor holding stethoscope with text asking if you need to see a doctor after a minor car accident – HLAW Law Firm

Do I Need to See a Doctor After a Minor Car Accident?

By | Personal Injury
Doctor holding stethoscope with text asking if you need to see a doctor after a minor car accident – HLAW Law Firm

Even minor car accidents can cause hidden injuries. Learn why seeing a doctor right away is critical to your health and your personal injury claim.

Why Delaying Medical Care Could Harm Both Your Health and Your Injury Claim

When you’ve been in a minor car accident—maybe a rear-end at a stoplight or a fender bender in a parking lot—it’s easy to think, “I feel fine, so I don’t need to see a doctor.” But in Texas personal injury cases, this one decision can have a major impact on your health, recovery, and financial compensation.

At the HLAW Law Firm, we’ve helped countless Fort Worth accident victims who initially thought they were uninjured, only to discover serious symptoms days later. Below, we explain exactly why seeing a doctor after any car crash—no matter how small—is not just recommended, but essential.

🚗 Why “Minor” Accidents Can Still Cause Major Injuries

There’s no such thing as a “minor” accident when it comes to your body. Even a low-speed crash involves a sudden change in momentum, which forces your muscles, ligaments, joints, and spine to absorb the shock.

You might feel okay at the scene, but the effects often don’t show up until hours or even days later—especially when adrenaline and shock are still in play.

⚠️ Common Injuries from Low-Impact Collisions Include:

  • Whiplash – neck strain from rapid back-and-forth motion
  • Soft tissue damage – to muscles, tendons, and ligaments
  • Herniated discs – causing pain, tingling, or numbness
  • Concussions – even without hitting your head
  • Shoulder, knee, or wrist injuries – from bracing on impact
  • Internal bleeding or bruising – especially from seat belt trauma

These injuries can worsen without early treatment and sometimes become chronic or permanent if ignored.

🏥 Why You Should See a Doctor Even If You Feel “Fine”

✅ 1. Symptoms May Be Delayed

Many accident-related injuries don’t present immediate symptoms. It might take:

  • 12 to 72 hours for neck or back pain to show up
  • Several days for nerve pain, headaches, or dizziness
  • A week or more before soft tissue stiffness becomes obvious

Early diagnosis means quicker healing, reduced long-term damage, and clearer proof of your injury’s cause.

✅ 2. Medical Records Protect Your Legal Rights

If you later decide to pursue a personal injury claim, insurance adjusters will scrutinize your actions after the accident. One of the first questions they ask is:

“Did you go to the doctor right away?”

Waiting too long may lead them to argue:

  • You weren’t really hurt
  • Your injury came from something else
  • Your damages aren’t worth as much

Having prompt medical documentation strengthens your claim and links your injuries directly to the crash.

✅ 3. Insurance Companies Use Delays Against You

Even in cases where the other driver was clearly at fault, insurers will look for any excuse to reduce or deny your compensation.

Texas follows a modified comparative fault rule (Tex. Civ. Prac. & Rem. Code § 33.001), meaning if they can pin 51% of the blame on you—or claim your injuries are unrelated—you could walk away with nothing.

🕒 How Soon Should You Get Medical Attention?

The best practice is to see a doctor within 72 hours of the accident, even if you don’t feel hurt. This is considered a reasonable time frame by both insurers and courts.

📌 You should go immediately if you experience:

  • Loss of consciousness
  • Vomiting or nausea
  • Severe pain
  • Confusion or memory issues
  • Visible swelling or bruising

💬 What Kind of Doctor Should You See After a Car Accident?

It depends on your symptoms and situation, but common options include:

  • Emergency Room – for urgent or severe symptoms
  • Urgent Care – for same-day evaluation of mild-to-moderate pain
  • Primary Care Doctor – for continuity of care and referrals
  • Chiropractor or Physical Therapist – for neck, spine, and mobility issues
  • Orthopedic Specialist – for joint and musculoskeletal injuries

If you don’t know where to start, we can connect you with local providers who treat car accident victims and understand how to document your case properly.

💸 What If I Can’t Afford to See a Doctor?

In Texas, many doctors who treat car wreck injuries will work on a letter of protection basis. That means they agree to delay payment until your case settles—no upfront cost.

At HLAW, we regularly help clients arrange care with:

  • Chiropractors
  • Imaging clinics (MRI, CT)
  • Orthopedic specialists
  • Physical therapy providers

We can help coordinate your treatment so you can focus on healing.

❌ What Happens If You Don’t Seek Medical Treatment?

If you choose not to see a doctor after a crash, you risk:

  • Worsening a hidden injury
  • Being stuck with out-of-pocket medical bills later
  • Losing your chance to file a personal injury claim
  • Getting lowballed or denied by the insurance company

Even if you feel fine, documentation matters. It’s your proof that the accident caused your injuries, not something else.

🧠 What If You Waited Too Long to See a Doctor?

If it’s been a few days or even weeks and you’re only now starting to feel pain, you should still seek care immediately and speak to an attorney. It’s harder to prove your case with delays, but not impossible—especially if your symptoms are clearly injury-related and documented properly.

👨‍⚖️ Hurt in a Car Wreck in Fort Worth? Let’s Talk.

At the HLAW Firm, we’re not just here to file claims—we’re here to listen, guide, and advocate for you. Whether your wreck felt “minor” or involved serious injuries, we treat each case with the same level of care and commitment.

✅ Free consultations

✅ No fees unless we win

✅ Trusted relationships with local doctors

✅ Compassionate, faith-based advocacy

Don’t guess about your health. 

📞 Contact us today to speak directly with a personal injury attorney.

Jun 10
0
Medical illustration of a human skull and brain with the text ‘Traumatic Brain Injuries in Texas – Legal Rights, Real Cases, and What to Expect in a Texas Personal Injury Claim’ from HLAW Law Firm.

Traumatic Brain Injuries in Texas: Legal Rights, Real Cases, and What to Expect in a Personal Injury Claim

By | Personal Injury
Medical illustration of a human skull and brain with the text ‘Traumatic Brain Injuries in Texas – Legal Rights, Real Cases, and What to Expect in a Texas Personal Injury Claim’ from HLAW Law Firm.

Learn what Texas law says about traumatic brain injury claims—your legal rights, real case examples, and how HLAW Law Firm can help you seek justice.

Introduction

Traumatic Brain Injuries (TBIs) are among the most devastating injuries a person can suffer—often resulting in permanent cognitive, emotional, and physical impairments. In Texas personal injury law, TBIs require a nuanced approach: proving causation, long-term consequences, and damages in a way that withstands the scrutiny of insurance adjusters, defense counsel, and juries.

Whether the injury resulted from a car wreck, workplace fall, sports incident, or violent assault, victims deserve both medical care and legal justice. This article provides an in-depth guide to TBI cases in Texas, exploring relevant statutes, legal strategies, case examples, and the kinds of damages typically awarded.

1. Understanding Traumatic Brain Injuries

A TBI occurs when the brain is damaged by external force—commonly through blunt trauma, penetration, or acceleration/deceleration forces. Types of TBIs include:

  • Concussions – Often caused by whiplash or impact, with symptoms like confusion, headache, and memory loss.
  • Contusions – Bruising of the brain tissue, usually from direct impact.
  • Diffuse Axonal Injury – Caused by rapid acceleration/deceleration, damaging brain cells across multiple areas.
  • Penetrating Injuries – From objects entering the skull (e.g., gunshots, industrial accidents).
  • Second Impact Syndrome – Occurs when a second concussion is sustained before the first has healed.

Common Symptoms:

  • Short- and long-term memory loss
  • Difficulty concentrating or reasoning
  • Personality changes or depression
  • Slurred speech or motor impairments
  • Fatigue, headaches, vision issues
  • Post-traumatic seizures

2. Texas Law Governing TBI Personal Injury Claims

Texas personal injury claims involving TBIs typically rely on a negligence theory, meaning the plaintiff must show that the defendant failed to act with reasonable care and caused the injury.

A. Key Legal Elements:

  1. Duty – The defendant had a legal duty (e.g., to operate a vehicle safely, maintain safe premises).
  2. Breach – That duty was breached (e.g., through reckless driving or ignoring hazards).
  3. Causation – The breach caused the TBI.
  4. Damages – The victim suffered actual, compensable harm.

B. Comparative Fault – CPRC § 33.001–33.017

Texas applies modified comparative fault. If the injured party is more than 50% at fault, they cannot recover damages. If less, damages are reduced proportionally. This can become critical in:

  • Car accidents involving allegations of speeding or texting
  • Slip-and-fall cases where warning signs were partially visible
  • Workplace injuries involving failure to follow safety protocols

C. Statute of Limitations – CPRC § 16.003

You have two years from the date of injury to file a lawsuit. In some brain injury cases—especially when symptoms are subtle—delayed discovery arguments may apply, but this can be contentious and requires strong medical documentation.

3. Types of TBI-Related Accidents in Texas Personal Injury Law

A. Car and Truck Accidents

TBIs are common in rear-end collisions, rollovers, and motorcycle crashes. Even when airbags deploy and seat belts are used, sudden deceleration can cause the brain to shift violently within the skull.

B. Falls on Dangerous Premises

Under Texas premises liability law, property owners owe a duty to warn of or correct unreasonably dangerous conditions. TBIs from slips, trips, and stairway falls often occur in:

  • Retail stores (wet floors, poor lighting)
  • Apartment complexes (broken handrails, loose tiles)
  • Public buildings (uneven pavement, lack of signage)

Key Issue:

Plaintiffs must prove the owner had actual or constructive knowledge of the hazard and failed to remedy it. Surveillance footage, cleaning logs, and witness statements are crucial.

C. Workplace and Construction Accidents

Texas is unique in that it allows employers to opt out of the state workers’ compensation system. These non-subscriber employers can be directly sued for negligence.

Scenario:

A roofer working for a non-subscriber in Fort Worth falls through an unsecured skylight and suffers a severe TBI. If OSHA violations or improper training are proven, the employer may be held liable.

For subscriber employers, a third-party lawsuit might still be viable—for example, against a subcontractor or equipment manufacturer.

D. Medical Negligence or Birth Injury

Brain damage due to lack of oxygen (hypoxia) during childbirth, surgical error, or anesthesia negligence may form the basis of a medical malpractice claim. These are governed by CPRC Chapter 74, which requires:

  • Pre-suit notice
  • Expert reports
  • Caps on non-economic damages ($250,000 per provider)

E. Assault and Negligent Security

TBI victims of violent assaults (e.g., bar fights, domestic violence, parking lot attacks) may bring civil claims against:

  • Perpetrators (if identifiable and collectible)
  • Property owners (if they failed to implement reasonable security measures)

Under Texas law, businesses are not liable for third-party criminal acts unless those acts were foreseeable and preventable. Prior similar crimes, lack of lighting or surveillance, and poor response plans can support a claim.

4. Evidence and Experts in TBI Litigation

TBIs are notoriously difficult to “see,” especially in the absence of skull fractures or hemorrhages. That makes medical evidence and expert testimony essential.

Types of Medical Evidence:

  • Neuroimaging (MRI, CT, DTI scans)
  • EEGs (for seizure activity)
  • Neuropsychological Testing (measures memory, attention, processing speed)
  • Expert Testimony from neurologists, neurosurgeons, rehab specialists

Other Critical Evidence:

  • Testimony from family, coworkers, teachers (to demonstrate changes in behavior)
  • Employment records (pre- vs. post-incident productivity)
  • Life care planners and economists (to estimate future care costs and earning capacity)
  • Pain journals and video diaries

5. Damages in Texas TBI Lawsuits

Damages in a TBI case can be extensive and are usually categorized into:

A. Economic Damages

  • Medical bills (hospitalization, surgery, rehab, medications)
  • Lost income and future earning capacity
  • In-home care or residential treatment
  • Occupational therapy, counseling, assistive devices

B. Non-Economic Damages

  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life
  • Emotional distress
  • Loss of consortium (for spouses or family members)

C. Punitive Damages (Exemplary Damages)

Available under CPRC § 41.003 if the defendant acted with gross negligence, malice, or fraud (e.g., drunk driving, intentional assault).

6. Settlement vs. Trial: What to Expect

Most TBI claims settle before trial, but insurance companies often resist paying fair value due to the subjective nature of many symptoms.

Advantages of Settlement:

  • Certainty and faster compensation
  • Avoids the emotional toll of litigation

When Trial May Be Necessary:

  • Disputes over causation or extent of impairment
  • Allegations of preexisting conditions
  • Need for structured lifetime compensation

Tip: Your legal team should prepare every TBI case as if it will go to trial. That alone can strengthen your bargaining power.

Conclusion: Get Legal Help from a Texas TBI Attorney

If you or someone you love has sustained a traumatic brain injury due to someone else’s negligence, the path forward can feel overwhelming. Between medical bills, insurance claims, and long-term uncertainty, you need an advocate who understands both the law and the science behind TBIs.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), we don’t treat TBI cases like routine personal injury claims. We invest in the best experts, create compelling case strategies, and walk with you and your family every step of the way.

Schedule a Free Consultation Today

We’re proud to serve TBI victims across Fort Worth, Dallas, and all of Texas. Call 817-993-9249 or complete our online intake form for a confidential, no-obligation case review.

Jun 09
0
A severely damaged car on the side of a road, illustrating a blog post about what to do after a car wreck with an uninsured driver in Texas.

What if the person who caused my wreck doesn’t have insurance in Texas?

By | Personal Injury
A severely damaged car on the side of a road, illustrating a blog post about what to do after a car wreck with an uninsured driver in Texas.

An accident with an uninsured driver can be devastating, but Texas law provides crucial options for your recovery. Your own insurance policy may be the key.

It’s a scenario no driver wants to imagine, yet it’s a distressingly common reality on Texas roads. You’re involved in a car wreck, you’re injured, your vehicle is damaged, and you discover the at-fault driver has no auto insurance. In a state where there is still a significant percentage of uninsured drivers, this situation can leave you feeling overwhelmed and uncertain about your financial recovery.

This guide from our experienced team of Texas car accident attorneys will provide a detailed look at your legal options, the relevant laws that govern your situation, and the crucial steps you should take to protect your rights and pursue the compensation you need.

Your Primary Shield: Uninsured/Underinsured Motorist (UM/UIM) Coverage

The most critical protection in this scenario is a component of your own auto insurance policy: Uninsured/Underinsured Motorist (UM/UIM) coverage.

Under the Texas Insurance Code §1952.101, all auto insurance providers in Texas are legally required to offer UM/UIM coverage to their policyholders. To opt-out, you must actively reject this coverage in writing. If you have not signed a formal rejection, you likely have this vital protection. But, we advise that you should always check you policy and make sure you have UM/UIM coverage.

What exactly does UM/UIM coverage provide?

This coverage is designed to function as the insurance the at-fault driver should have had. It is broken down into two main parts:

  • Uninsured Motorist (UM) Coverage: This applies when the at-fault driver is identified but has no liability insurance, or when you are the victim of a hit-and-run and the driver cannot be located.
  • Underinsured Motorist (UIM) Coverage: This applies when the at-fault driver has insurance, but their policy limits are insufficient to cover the full extent of your damages. For instance, if your medical bills total $75,000 and the at-fault driver only carries the Texas minimum liability of $30,000 for a single injured person (Texas Transportation Code §601.072), your UIM coverage can step in to cover the remaining $45,000, up to your policy limits.

What Damages Are Covered?

UM/UIM coverage in Texas can compensate you for a wide range of damages, similar to what you could have recovered from the at-fault driver’s policy. This includes:

  • Medical Expenses: All reasonable and necessary medical bills, from the initial emergency room visit to ongoing physical therapy and future anticipated medical care.
  • Lost Wages: Compensation for the income you lost while unable to work due to your injuries.
  • Loss of Earning Capacity: If your injuries permanently affect your ability to earn a living, this can provide compensation for your diminished future income.
  • Pain and Suffering: Compensation for the physical pain and emotional distress you have endured because of the accident.
  • Physical Impairment: Damages for the loss of enjoyment of life and the inability to partake in activities you previously enjoyed.
  • Property Damage: This portion of your UM/UIM coverage, often called “UMPD,” covers the cost of repairing or replacing your vehicle. Be aware that Texas Insurance Code §1952.108 mandates a statutory $250 deductible for all UMPD claims.

Don’t Forget Personal Injury Protection (PIP)

Another crucial layer of protection offered in Texas is Personal Injury Protection (PIP). Similar to UM/UIM, insurers must offer PIP coverage, and it must be rejected in writing (Texas Insurance Code §1952.152). And, in the same way, we always recommend you carry PIP on your policy.

The key benefit of PIP is that it is “no-fault” coverage. This means you can access these benefits regardless of who was at fault for the accident. PIP typically covers 80% of your medical bills and lost wages up to your policy limit. Making a PIP claim can provide immediate financial relief while your larger UM claim is being processed.

The Legal Steps to Take After a Wreck with an Uninsured Driver

  1. Prioritize Safety and Call 911: Ensure everyone is safe and report the accident to the police immediately. A police report is invaluable evidence that documents the circumstances of the crash and the other driver’s lack of insurance.
  2. Gather Crucial Information: Obtain the other driver’s name, address, phone number, and license plate number. Note the make, model, and color of their vehicle. If there are witnesses, get their contact information as well.
  3. Seek Immediate Medical Attention: Your health is paramount. Prompt medical evaluation documents your injuries and links them directly to the accident, which is essential for your claim.
  4. Notify Your Insurance Company: Report the accident to your own insurer as soon as possible. Inform them clearly that the other driver is uninsured or that it was a hit-and-run. Be cautious in your statement and stick to the facts.
  5. Document Everything Meticulously: Create a file and keep detailed records of all accident-related expenses, including medical bills, co-pays, prescription costs, vehicle repair estimates, and a log of your missed workdays.

Understanding the Statute of Limitations

In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit (Texas Civil Practice & Remedies Code §16.003). While a UM/UIM claim is contractual, it is tied to your ability to bring a claim against the at-fault driver. Therefore, it is critical to act promptly to preserve your legal rights. Waiting too long can result in the forfeiture of your ability to recover any compensation.

The Challenge of Suing an Uninsured Driver Directly

While you have the legal right to file a lawsuit directly against the uninsured, at-fault driver, this path is often fraught with challenges. The reality is that a driver who cannot afford insurance is unlikely to have the personal assets (like property or savings) to satisfy a court-awarded judgment. While a judgment can be obtained, the process of actually collecting the money can be long, difficult, and ultimately unsuccessful. This is precisely why carrying adequate UM/UIM and PIP coverage is so essential for your own protection.

How a Car Accident Attorney is Your Strongest Advocate

Navigating the complexities of a UM/UIM claim can be surprisingly adversarial. Your own insurance company may employ tactics to minimize your payout, such as questioning the severity of your injuries or the necessity of your medical treatment.

An experienced Texas car accident attorney can be your essential ally by:

  • Conducting a Thorough Investigation: We will gather all necessary evidence, including the police report, medical records, and witness statements, to build a robust claim.
  • Managing All Communications: We will handle all negotiations with your insurance company, protecting you from adjusters’ tactics and ensuring your claim is presented effectively.
  • Maximizing Your Recovery: We understand how to value all aspects of your claim, including intangible damages like pain and suffering, to fight for the full compensation you deserve under Texas law.
  • Meeting All Legal Deadlines: We will ensure all claims and potential lawsuits are filed within the strict statute of limitations.
  • Filing a Lawsuit: If your insurer refuses to make a fair settlement offer, we will not hesitate to file a lawsuit and advocate for your rights in court.

Being injured in an accident caused by an uninsured driver can feel like a legal and financial dead end. However, by understanding your rights under the Texas Insurance Code and taking swift, decisive action, you can secure the resources you need to recover. If you find yourself in this situation, contact our office for a free, no-obligation consultation to discuss the specifics of your case.

Jun 06
0
Silhouetted figures in a heated argument, representing the complexities of assault charges under Texas criminal law, with the Howard Lotspeich Alexander & Williams, PLLC law firm logo.

Understanding Assault Under Texas Criminal Law

By | Criminal Defense
Silhouetted figures in a heated argument, representing the complexities of assault charges under Texas criminal law, with the Howard Lotspeich Alexander & Williams, PLLC law firm logo.

An accusation of assault in Texas can have serious and life-altering consequences. Our latest blog post breaks down the different degrees of assault charges, potential penalties, and possible legal defenses. Learn more about protecting your rights.

When people hear the phrase “assault and battery,” they often envision two distinct criminal offenses: one encompassing threats of harm and the other involving actual physical violence. However, it’s crucial to understand that under Texas law, the legal landscape is structured differently. The term “battery” is not used to define a separate criminal offense. Instead, both the act of threatening harm and/or the act of causing physical harm are typically consolidated under the broader legal definition of assault. This fundamental difference is key to comprehending how such charges are prosecuted in the state.

This post aims to provide a comprehensive breakdown of what constitutes assault under the Texas Penal Code, delve into the varying degrees of severity and their classifications, and outline the potential penalties that individuals accused of these offenses may face. We will also explore related offenses like aggravated assault and common legal defenses.

Defining Assault in Texas: A Three-Pronged Approach

The Texas Penal Code § 22.01 provides a specific and multifaceted definition of assault. A person commits assault if they engage in any of the following actions:

  • Causing Bodily Injury: Intentionally, knowingly, or recklessly causing bodily injury to another person. This includes a spouse, and the term “recklessly” implies a conscious disregard of a substantial and unjustifiable risk that the injury will occur. Bodily injury itself is defined broadly as physical pain, illness, or any impairment of physical condition. This means even an act causing temporary pain, without visible marks, could qualify.
  • Threatening Imminent Bodily Injury: Intentionally or knowingly threatening another person (including a spouse) with imminent bodily injury. The key here is the “imminent” nature of the threat; it must be a threat of harm that is about to happen. The threat can be conveyed through words, gestures, or a combination of both.
  • Causing Offensive or Provocative Physical Contact: Intentionally or knowingly causing physical contact with another person when they know—or should reasonably believe—that the other person will regard the contact as offensive or provocative. This prong does not require any injury. Examples could include an unwanted touch, a shove that doesn’t cause pain but is clearly offensive, or spitting on someone.

Because this statutory definition of assault encompasses both verbal or gestural threats (with no physical harm necessarily resulting) and actual physical contact that might or might not cause bodily injury, Texas law effectively subsumes what many other jurisdictions would categorize separately as “battery” into its singular assault statute.

Degrees of Assault and Their Corresponding Penalties: A Spectrum of Severity

Assault charges in Texas are not one-size-fits-all. The severity of the charge and the potential penalties depend heavily on the specific circumstances of the incident, the harm caused, the identity of the victim, and the defendant’s prior criminal history.

  • A. Class C Misdemeanor Assault
    • What It Is: This is the lowest level of assault. It typically involves situations where an individual threatens someone with imminent bodily injury but does not actually cause any physical harm, or where they cause physical contact that is deemed offensive or provocative but does not result in bodily injury. Examples could include a verbal threat of immediate harm or an unwelcome, offensive touch.
    • Penalties: A Class C misdemeanor is punishable by a fine of up to $500. While there is no jail time associated with a Class C misdemeanor conviction itself, failure to pay the fine or adhere to court orders can lead to further legal complications.
  • B. Class A Misdemeanor Assault
    • What It Is: This is a more serious charge and is often filed when the assault results in actual bodily injury to another person, and the circumstances do not elevate it to a felony. As previously noted, bodily injury is defined as physical pain, illness, or any impairment of physical condition. This could range from a bruise or scratch to more significant, but not life-threatening, injuries.
    • Penalties: A Class A misdemeanor carries significantly steeper penalties, including potential confinement in county jail for up to one year and/or a fine of up to $4,000.
  • C. Enhanced Misdemeanors and Felony Assault: When Circumstances Escalate the Charge The gravity of an assault charge can be substantially increased, elevating it from a lower-level misdemeanor to a higher-level misdemeanor or even a felony, based on several critical factors. These factors often relate to the identity of the victim, the defendant’s prior criminal record, or the specific nature and context of the incident.
    • Assault Against a Public Servant:
      • If the victim of the assault is a public servant (such as a police officer, firefighter, emergency medical services (EMS) personnel, correctional officer, or even a process server) who is lawfully discharging an official duty, and the defendant knows the person is a public servant, the charge can be enhanced. An assault that might otherwise be a Class A misdemeanor can become a third-degree felony if it results in bodily injury to a public servant.
      • Penalties for a third-degree felony include imprisonment for 2 to 10 years and a fine of up to $10,000.
    • Assault Involving Family Violence:
      • Texas law takes domestic violence very seriously. If an assault involves a family member, household member, or someone with whom the defendant has or had a dating relationship, the penalties can be enhanced, especially with prior convictions.
      • A first offense of assault causing bodily injury to a family member is typically a Class A misdemeanor. However, if the defendant has a previous conviction for an offense involving family violence (including assault against a family member, violation of a protective order, or stalking), a subsequent assault against a family member causing bodily injury can be charged as a third-degree felony.
      • Furthermore, if the assault involves impeding the normal breathing or circulation of the blood of a family member or household member by applying pressure to the throat or neck (strangulation or choking) or by blocking the nose or mouth (suffocation), this act itself can elevate the charge. Such an offense can be a third-degree felony, or even a second-degree felony if the defendant has a previous conviction for a similar offense.
      • Penalties for a second-degree felony range from 2 to 20 years in prison and a fine of up to $10,000.
    • Assault Against Elderly& or Disabled Individuals:
      • Assault committed against an elderly individual (defined as someone 65 years of age or older) or a disabled individual can also lead to enhanced charges. Depending on the severity of the injury and the defendant’s intent, these offenses can be prosecuted as felonies, reflecting the state’s interest in protecting vulnerable populations.

Aggravated Assault: A More Serious Offense

Distinct from simple assault, though closely related, is the offense of aggravated assault, as defined under Texas Penal Code § 22.02. This charge signifies a more severe form of assault. A person commits aggravated assault if, during the commission of an assault (as previously defined), they either:

  • Cause serious bodily injury to another person (including their spouse). Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
  • Use or exhibit a deadly weapon during the commission of the assault. A deadly weapon can be a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
  • Penalties for Aggravated Assault:
    • Generally, aggravated assault is classified as a second-degree felony. This carries a potential punishment of 2 to 20 years in prison and a fine of up to $10,000.
  • Enhanced Aggravated Assault Charges:
    • Similar to simple assault, aggravated assault charges can be further enhanced under specific circumstances. For instance, if the aggravated assault is committed against a public servant acting in their official capacity, or involves discharging a firearm from a motor vehicle towards a habitation, building, or vehicle and causing serious bodily injury, the charge can be elevated to a first-degree felony.
    • A first-degree felony is punishable by imprisonment for 5 to 99 years, or life, and a fine of up to $10,000.

Exploring Possible Legal Defenses in Assault Cases

Facing an assault charge does not automatically mean conviction. The Texas legal system provides for due process and various defenses that, if applicable to the facts of the case, could lead to charges being reduced or dismissed. Common defenses in assault cases include:

  • Self-Defense (Texas Penal Code Chapter 9): This is one of the most common defenses. A defendant may argue that their actions were justified because they reasonably believed that the force they used was immediately necessary to protect themselves from the other person’s use or attempted use of unlawful force. The amount of force used in self-defense must be reasonable in relation to the perceived threat.
  • Defense of Others (Texas Penal Code Chapter 9): Similar to self-defense, a person is justified in using force to protect another individual if they reasonably believe the other person would be justified in using force to protect themselves, and the defendant reasonably believes their intervention is immediately necessary.
  • Lack of Intent (Mens Rea): For most assault charges, the prosecution must prove a culpable mental state (intentionally, knowingly, or recklessly). If the contact or threat was purely accidental, and the defendant did not possess the requisite intent to cause harm, threaten, or make offensive contact, this could be a defense. For example, if bodily injury occurred due to an unforeseeable accident rather than intentional or reckless conduct.
  • Mistaken Identity / Alibi: The defendant may argue they are not the person who committed the act in question or were wrongly identified by witnesses. An alibi defense would involve presenting evidence that the defendant was elsewhere when the alleged assault occurred.
  • Consent: While not applicable in many assault scenarios (one cannot generally consent to serious bodily injury), in limited circumstances involving offensive contact or minor bodily injury (e.g., a contact sport), consent might be a factor.

It is absolutely critical to understand that the viability and success of these defenses are highly dependent on the specific, unique facts and circumstances of each individual case. Gathering evidence, witness testimony, and understanding the nuances of Texas self-defense laws (including the Castle Doctrine and Stand Your Ground principles, where applicable) are vital. Therefore, consulting with an experienced criminal defense attorney is paramount to thoroughly investigate the case, identify all possible defenses, and develop an effective and tailored defense strategy.

Consequences Beyond Criminal Penalties: The Ripple Effect of an Assault Conviction

A conviction for assault in Texas can have profound and lasting repercussions that extend far beyond court-imposed fines and potential imprisonment. These collateral consequences can significantly impact a person’s future:

  • Permanent Criminal Record: An assault conviction, particularly a felony, creates a permanent criminal record that is accessible through background checks. This can severely limit opportunities for employment (especially in certain professions like teaching, healthcare, or law enforcement), housing (as landlords often run checks), and higher education.
  • Issuance of Protective Orders: Victims of assault, especially in family violence cases, may seek and obtain protective orders (also known as restraining orders) against the defendant. These orders can legally prohibit the defendant from contacting the victim, going near their residence or workplace, or possessing a firearm, often for extended periods (e.g., two years, or sometimes longer). Violating a protective order is a separate criminal offense.
  • Loss of Civil Rights: Certain convictions, predominantly felonies, can lead to the loss or restriction of fundamental civil rights. This includes the right to vote (until the sentence, including parole or probation, is fully discharged) and the right to possess firearms under both federal and state law.
  • Immigration Consequences: For non-U.S. citizens, an assault conviction can have severe immigration consequences, potentially leading to deportation, denial of naturalization, or inability to re-enter the United States.
  • Professional Licensing Issues: Many professions require state licenses (e.g., doctors, nurses, lawyers, teachers, real estate agents). An assault conviction can jeopardize an existing license or prevent an individual from obtaining one.
  • Social Stigma: The social stigma associated with an assault conviction can affect personal relationships and standing in the community.

Conclusion: Navigating Assault Charges in Texas Requires Expertise

In summary, under Texas law, the traditional concept of “battery” is effectively integrated within the broader offense of “assault”. This legal framework makes it essential for anyone facing such allegations to understand precisely how Texas law defines and penalizes a wide array of threatening or harmful behaviors.

Whether an assault charge is classified as a misdemeanor or a felony, it invariably carries the potential for serious penalties, including substantial fines, incarceration (in county jail or state prison), and a host of long-term collateral consequences that can shape an individual’s future. Given the complexities of the law, the nuances of evidence, and the severity of potential outcomes, facing an assault charge alone is a daunting prospect.

Facing assault charges in Texas can be overwhelming, with serious consequences that can impact your life for years to come. Don’t navigate this complex legal challenge alone. If you or someone you know is confronting assault charges, the time to act is now. It is absolutely imperative to secure the counsel of a qualified and experienced criminal defense attorney immediately.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our knowledgeable attorneys are ready to:

  • Meticulously analyze the specific details of your case.
  • Clearly explain your rights and the charges you face.
  • Thoroughly explore all available defenses.
  • Skillfully navigate the intricate Texas legal system on your behalf.
  • Advocate zealously to protect your rights and fight for the best possible outcome.

Your future is too important to leave to chance. Contact Howard Lotspeich Alexander & Williams, PLLC (HLAW) today for a confidential consultation. Let our experience work for you.