Texas Personal Injury Law Cases Research
Budget: $250 – $750 USD
I am currently requiring an exhaustive research on personal injury law cases specifically within Texas. The focus of this research would be much on litigation rather than academic pursuits or private interest. While the type of cases may vary, expect a substantial concentration on car accidents, medical malpractices, and slip-and-falls.
The ideal freelancer for this project should have:
* Familiarity with US, specifically Texas, injury laws
* Experience in legal research and compilation
* Understanding of litigation processes and principles
The scope of the project requires capturing significant details of relevant cases, inclusive but not limited to, how they were litigated, verdicts given, and any special circumstances for each case.
More Specifically, we have a case in a Texas County District Court. The case involves a Slip and Fall. We filed suit against a Big Corporation (misnamed) and had the Registered Agent served. After the time lapsed for them to answer, we believed the Corporation was not correctly served (since they didn’t answer, because WHO does that???). Believing we had incorrectly served the defendant, we asked the Court to allow us substitute service. The Court allowed us to serve the Manager of the Store. We didn’t. A few months later, we received a call from the Corporation’s Defense Counsel, and we realized that YES, in fact, they HAD been served. We filed for a Default Judgment and they QUICKLY answered. Then they filed a Motion to Dismiss based on Due Diligence to Serve the Manager and Statute of Limitations.
We have all the case law regarding “misnomer” and “misidentification”, etc… so all that is covered, and I don’t need research on that particular issue.
What I CAN’T find is case law where:
Regardless of what happens afterward, IF the Correct Party was INDEED served, even via Misnomer, then anything else (like not serving the Manager) is MOOT. Because even though we were Unaware of it, the CORRECT defendant was served.
I need case law that talks on that specific issue. The Statute of Limitations has passed, so we are unable to re-file.
Again, specifically, what I require are good cases that will establish that IF the CORRECT defendant was served via a Misnomer, any other attempts to serve otherwise, is MOOT.
Please let me know if you can help. THANK YOU,
The ideal freelancer for this project should have:
* Familiarity with US, specifically Texas, injury laws
* Experience in legal research and compilation
* Understanding of litigation processes and principles
The scope of the project requires capturing significant details of relevant cases, inclusive but not limited to, how they were litigated, verdicts given, and any special circumstances for each case.
More Specifically, we have a case in a Texas County District Court. The case involves a Slip and Fall. We filed suit against a Big Corporation (misnamed) and had the Registered Agent served. After the time lapsed for them to answer, we believed the Corporation was not correctly served (since they didn’t answer, because WHO does that???). Believing we had incorrectly served the defendant, we asked the Court to allow us substitute service. The Court allowed us to serve the Manager of the Store. We didn’t. A few months later, we received a call from the Corporation’s Defense Counsel, and we realized that YES, in fact, they HAD been served. We filed for a Default Judgment and they QUICKLY answered. Then they filed a Motion to Dismiss based on Due Diligence to Serve the Manager and Statute of Limitations.
We have all the case law regarding “misnomer” and “misidentification”, etc… so all that is covered, and I don’t need research on that particular issue.
What I CAN’T find is case law where:
Regardless of what happens afterward, IF the Correct Party was INDEED served, even via Misnomer, then anything else (like not serving the Manager) is MOOT. Because even though we were Unaware of it, the CORRECT defendant was served.
I need case law that talks on that specific issue. The Statute of Limitations has passed, so we are unable to re-file.
Again, specifically, what I require are good cases that will establish that IF the CORRECT defendant was served via a Misnomer, any other attempts to serve otherwise, is MOOT.
Please let me know if you can help. THANK YOU,