Texas Personal Injury Legal Questions

Contrary to popular belief, car liability insurance carriers generally do not fund medical expenses prior to the expenses being incurred. And if they do, the personal injury victim wants no part of it.   Before any personal injury victim can consider settlement or what is reasonable for medical expenses they must first identify their medical issue and be certain that the issue has been resolved or the have reached maximum medical improvement. In short, the victim needs to go to a doctor identify the problem and get necessary treatment prior to exploring a settlement with the insurance company.   Many insurance carriers seek to "estimate" the medical expenses which is a very lowball number and asked the victim for a release at the time they advance a small amount for medical expenses. Should the injury proved to be more serious than originally thought, the personal injury victim is one left holding the bag and not the insurance carrier.   Most soft tissue type injuries resolve themselves after periods of time and that time can be shortened with treatment. However, more serious conditions such as a herniated disc -bulging disk can require much more extensive treatment and even potentially surgery.   Insurance carriers also look for any reason to fault your treatment and one of their major areas of dispute is waiting too long to see a doctor. Basically the argument is "if it's so bad why did you wait so long to go to a doctor".   Do not delay but seek treatment and identify your specific medical problem as soon as possible as the most important factor here is your personal health and not necessarily a settlement or lawsuit.... Read Answer

You should seek immediate treatment for the broken and/or fractured thumb. You need to contact a local personal injury attorney as you have only two years to file a lawsuit for the sustained damages. If you were involved in a car accident at the time of injury, the defendant's insurance company will need to be contacted. Hopefully, you exchanged insurance information. If not, then this information will need to be acquired.... Read Answer

Yes. Generally speaking, homeowners' insurance provides coverage for liability and medical expenses arising from bodily injury sustained by a third party while on the insureds' property. However, it is possible that your insurance company may attempt to allege that this act is excluded from coverage because it was an "intentional" act. Intentional acts are excluded from Texas homeowners' insurance policies. Regarding your second question of parent-child liability, as a general rule minors are civilly responsible for their own torts. However, a parent can be liable for the acts of a child under various theories of liability including but not limited to negligent conduct, willful & malicious conduct, and a duty to control the child.... Read Answer

I am sorry this happened to you. You will need to hire a lawyer to file a lawsuit on your behalf for conversion of the personal injury proceeds. Generally speaking, conversion involves the plaintiff having a right to immediate possession of personal property and the defendant wrongfully exercising control over the property. There are facts that need to be proven regarding the state of the property, your rights regarding it, and the type of deposit made by your father.... Read Answer

It is possible that you have a claim against the hospital and staff due to a breach of duty regarding the mishandling of your c-section and the resulting burns from the overheated water pack. Under Texas law, there is a duty to hospital patients to exercise the degree of care, skill, and competence that a reasonable competent member of the nursing profession would exercise under similar circumstances. The fact that the operating doctor lodged a complaint against the nurse signifies to the average onlooker that this standard was compromised. There are many lawyers who would love to assist you with this case, including this one. Simply contact a personal injury attorney today to receive a free personal consultation. I wish you a speedy and complete recovery.... Read Answer

If the truck is titled in the name of the trust, then the trust could be sued if the truck causes bodily or property damage in an accident. Your wife as beneficiary of the trust should not be liable. With this said, you should have the trust document reviewed by legal counsel to obtain a determinable answer.... Read Answer

It sounds like you may have a case. Did the oil change service company alert you to the leak? Did the engine completely lock up afterwards due to no oil in the engine? Was anyone injured as a result or are the injuries purely property related? I would certainly consider having a lawyer review all the available information and the specific damages resulting from the negligent behavior of the company.... Read Answer

It sounds like your attorney issued what is known as a "letter of protection" to the medical providers so you could get the medical treatment you needed to deal with your injuries without paying for the services out of your pocket. Without the attorney promising to pay the medical providers out of the settlement, it is very unlikely that any of the doctors would have treated you, unless you paid the providers upfront. ... Read Answer

If you had underinsured  coverage on your policy you may be able to recover for the other damages. All the other company is required to pay is the limit of the coverage. They should offer to pay the whole amount of coverage or they may be liable for the other damages. If you had no coverage yourself then you need to see if it is worth suing the other driver but it is only worth it if they are wealthy. You should meet with an attorney to discuss your situation. If you are in the Dallas area you are welcome to call me for advice.... Read Answer

I suggest that you file a formal complaint with the Texas Board of Medical Examiners.  Just go to Google and type in Texas board of Medical Examiners. At their primary site click on complaints and request the form for a complaint against a doctor.  Fill it out, add copies of any supporting information and mail it to the supplied address.  ... Read Answer