Legal Dictionary

Legal Terms & Definitions

Actual fraud

Definition: fraud committed with the actual intent to deceive and thereby injure another
compare constructive fraud in this entry

Appeal

Definition: a proceeding in which a case is brought before a higher court for review of a lower court’s judgment for the purpose of convincing the higher court that the lower court’s judgment was incorrect

Best evidence rule

Definition: a rule of evidence: in order to prove what is said or pictured in a writing, recording, or photograph the original must be provided unless the original is lost, destroyed, or otherwise unobtainable

Civil assault

Definition: an assault considered as a tort rather than as a crime

Common-law copyright

Definition: copyright in common law protecting unpublished works (Works created after January 1, 1978, are protected by statutory rather than common-law copyright while unpublished.)

Common-law lien

Definition: a lien under common law giving a creditor (as a bailee) in possession of the property the right to retain possession until payment of the amount due

Common-law marriage

Definition: a marriage that is without a ceremony and is based on the parties’ agreement to consider themselves married. Also on their cohabitation for a period and their public recognition of the marriage ( Most jurisdictions no longer allow this type of marriage to be formed, although they may recognize such marriages formed prior to a certain date or formed in a jurisdiction that does permit common-law marriages.)

Direct estoppel

Definition: estoppel by judgment barring the relitigation of issues litigated by the same parties on the same cause of action

Fraud

Definition: any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage

Fraud in law

Definition: fraud that is presumed to have occurred in light of the circumstances irrespective of intent to deceive

Fraud in the factum

Definition: fraud in which the deception causes the other party to misunderstand the nature of the transaction in which he or she is engaging esp. with regard to the contents of an instrument (as a contract or promissory note)

Fraud on the court

Definition: fraud involving conduct that undermines the integrity of the judicial process (as by improperly influencing a judge, jury, or other court personnel)

Intrinsic fraud

Definition: fraud (as by the use of false or forged documents, false claims, or perjured testimony) that deceives the trier of fact and results in a judgment in favor of the party perpetrating the fraud

Irrevocable power of attorney

Definition: a power of attorney that cannot be revoked by the principal

Libel per se

Definition: libel that is actionable without the plaintiff introducing additional facts to show defamation or claiming special damages

Mail fraud

Definition: fraud committed by use of the postal service esp. as described in title 18 section 1341 of the U.S. Code

Quid pro quo sexual harassment

Definition: sexual harassment in which the satisfaction of sexual demands is made the condition of job benefits or continued employment or is used as the basis for employment decisions regarding the individual

Personal injury

Definition: a person sustains injuries that can be physical, mental, and financial as a result of the negligence of others

Product liability

Definition: the responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise that it has provided for sale

Slander of title

Definition: a false and malicious written or spoken public statement disparaging a person’s title to property that causes harm for which special damages may be awarded

Tort reform

Definition: change or alteration of laws imposing civil liability for torts esp. to limit liability for punitive damages

Toxic tort

Definition: a tort in which there is personal injury or property damage due to exposure to toxic substances

Trust de son tort

Definition: Anglo-French de son tort (demesne) from his or her (own) wrongful act

Wire fraud

Definition: fraud committed by using a means of electronic communication (as a telephone)

Wrongful death

Definition: the taking of the life of an individual resulting from the willful or negligent act of another person or persons.

Recent Settlement: $200,000
Slip and fall in Tarrant County, Texas on a sidewalk after a business left their sprinklers on overnight when the temperature got below freezing, which resulted in significant soft-tissue injuries. (Pre-Litigation costs were $1,327.13 and attorney's fees were $66,666.66, medical bills and liens $7,131.92, net to client $124,874.29)
Recent Settlement: $305,000
(Policy Limits) Motor vehicle collision in Harris County, Texas resulting in multiple lumbar and cervical herniations and corresponding neck and back surgeries. (Pre-litigation costs $1,105.03 and attorney's fees $101,666.66, medical bills and liens $98,989.93, net to client $103,238.38)
Recent Settlement: $337,500
Bicycle wreck where client suffered fractured wrist and corresponding surgery. (Pre-litigation costs were approx. $1858.79, and attorney's fees were $112,500, medical bills and liens $18,017.59, net to client $205,123.62.)
Recent Settlement: $300,000
Pit Bull attack with disfiguring scars to client’s upper arm. (Pre-litigation costs were waived, attorney's fees $90,000, medical bills and liens $4,807.19, net to client $205,192.81.)
Recent Settlement: $227,000
Slip and fall in a restaurant in Tarrant County, Texas that resulted in a serious elbow injury and surgery.(Litigation costs $13,139.11 and attorney'’s fees $80,800.00, medical bills and liens $16,871.29, net to client $116,189.60)
Recent Settlement: $250,000
Motor vehicle collision, which resulted in a severe knee injury and rotator cuff tear. (Pre-litigation costs were approx. $1,000 and attorney's fees were $83,333, medical bills and liens, $70,071.07, net to client $95,044.29.)
Recent Settlement: $79,500
Motor vehicle wreck where client suffered soft tissue injuries (Pre-litigation costs were approx. $701.06, attorney's fees $26,500, medical bills and liens $15,987, net to client $36,311.94.)
Recent Settlement: $950,000
Motor vehicle collision involving a drunk driver, which resulted in a fractured shoulder and pelvis. (Pre-litigation costs were approx. $13,500 and attorney's fees were $316,666, medical bills and liens $44,568.90, net to client $531,225.13).
Recent Settlement: $735,476
Motor vehicle collision involving an uninsured driver. Client suffered severely fractured leg and corresponding surgeries. (Pre-litigation costs were approx. $1629.05, and attorney's fees were $245,158.81, medical bills and liens $84,916.62, net to client $403,771.97.)
Recent Settlement: $450,000
Personal injury lawsuit involving a slip and fall, which resulted in a fractured ankle and reflex sympathetic dystrophy (RSD). (Litigation costs were approx.. $11,250 and attorney's fees were $180,000 medical bills and liens $52,758.23, net to client $241,950.06.)
Recent Settlement: $2,000,000
Wrongful death 18-Wheeler motor-vehicle collision in Martin County, Texas. (Pre-Litigation costs were $12,397.69 and attorney's fees $666,666.66, zero medical bills or liens, net to client’s family $1,320,935.65)

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Jake S
01:54 07 May 21
Very knowledgeable and take charge person, all about his clients! Great person! Would highly recommend his firm!
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21:34 25 Mar 21
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16:30 26 Feb 21
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22:42 09 Nov 20
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10:31 28 Oct 20
Could not be more pleased with the service from the Dashner Law Firm and the outcome of my case. I was involved in an accident and was hit from behind while at a stop light. Dashner was helpful, thorough and professional throughout the entire process of engagement to settling my case. I highly recommend them. Eugene Teagle and Gracie Ibarra in particular were AMAZING to deal with. Pros all the way. Thank you Dashner Team.
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20:58 19 Oct 20
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19:53 06 Oct 20
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21:57 18 Mar 20
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18:51 04 Mar 20
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