The “King of Torts” recently passed away quietly at age 90.
Mr. Joe Jamail, who was born in Houston in 1925, obtained his law degree from the University of Texas in 1953, and built a career that included over 100 verdicts which exceeded $1 million. One of the most noted verdicts, a $10.5 billion breach of contract action that involved two giant oil companies, came in 1985. A number of years later, the consummate Texan admitted that he had a difficulties during closing arguments in that case, following a night of drinking with a country music singing star and a legendary local college football coach.
In an ironic twist, Mr. Jamail flunked a torts class while a student at the University of Texas Law School.
Success in a Personal Injury Case
Joe Jamail was one of the most successful personal injury attorneys of his generation not because of the depths of his legal knowledge, but rather due to his ability to connect with juries and deliver arguments in a persuasive and easy-to-understand manner.
The building blocks of a winning case are present in nearly all situations, but it takes an experienced attorney to assemble them in the proper fashion. In a car crash, these building blocks are:
Duty: Drivers owe a duty of reasonable care to other motorists, as well as pedestrians, bicyclists, and any other people on the road.
Breach: This element is always a fact question. Common breaches include ignoring traffic laws, failing to adjust to wet roads or other conditions, and driving while unfit, due to alcohol, fatigue, or distraction.
Cause: There must be a direct link between the breach and the plaintiff’s injuries; for example, alcohol must be a contributing factor in the crash.
Proximate Cause: The injury must be a foreseeable consequence of the breach as opposed to a random act.
Damages: In most cases, there must be a tangible injury. That injury can be economic or non-economic in nature.
The plaintiff must establish negligence by a preponderance of the evidence, which means his or her version of the facts are more likely than not.
Preparation and presentation are two keys to maximum compensation in a personal injury case. For a free consultation with an experienced New Braunfels personal injury attorney who has a track record of success, contact our office. Our main location is conveniently located halfway between Austin and San Antonio.