Texas Personal Injury Legal Questions

You state you want to sue for the car not having an airbag and then state it didn't deploy. I am confused, did the car have an airbag that did not deploy or did it not have one at all? Did the car dealer sell you a car "with" an airbag that didn't have one? As you weren't injured in the incident, the only real damage you suffered as a result of the car "without" an airbag is if the dealer failed to sell you what he said he did. Sometimes airbags do not deploy for a reason. They are designed to deploy in different circumstances.... Read More

Someone is going to be responsible for the towing and storage charges. If there is insurance, hopefully it will pay these fees. If not, if you were the "owner" of the vehicle even though you may not have title to the vehicle you are probably responsible. If they look to the titled owner, then it sounds like your dad may be responsible and somehow that does not sound fair since he actually gave you the car.... Read More

Tell the collection agency to file suit. Get a lawyer. You will probably have to work out a deal, because if you were riding on the sidewalk and it was not legal to do so, that is probably considered to be "evidence of negligence," on your part. If the car was on the public roadway, it had the right of way (because you were not legal), and so you probably are going to lose. A lawyer can help you negotiate; in addition, the lawyer may actually be able to come up with a defense for you.... Read More

You ask two different questions, which I will answer separately. First, as to the value of your case, there is no "formula" to determine the value of a case. Each case is different and dependent on its own facts. A person is entitled to be "made whole," that is, compensated for all injuries and damages sustained in an accident. There are a number of different factors that determine how much money you may be entitled to, including, but not limited to: whether your injury is permanent; how the injury affected you while you recovering and whether it will affect you in the future; medical expenses; lost wages; pain and suffering; and inconvenience. If an injury is permanent, you are entitled to money, if applicable, for some or all of these items in the future as well. You calculate money for future items based on either estimates, such as the cost of any medical treatment in the future, and your life expectancy. You do not provide any information regarding your injuries and other damages so I cannot answer your question about what your case might be worth. The fact that the "guy at fault has the maximum coverage" does not have any effect on the value of your case. It only goes to whether he has enough insurance coverage to fully compensate you. Second, it is possible that both the drunk driver's and your driver's car insurance companies may both have to pay you. You likely can collect at least some money from the drunk driver's insurance company. Whether you can collect from your driver's insurance company depends on information you do not provide, such as: why was the vehicle pulled over off the roadway; how far off the roadway was the vehicle; were the lights or flashers on or off; and did the accident occur during the day or night. If the accident occurred at night, your driver did not have his or her lights or flashers on and did not pull completely off the roadway, then your driver might also be partially at fault. If only the drunk driver is at-fault, then you would collect all money for his or her insurance company, assuming there is enough insurance coverage to fully compensate you. If both driver's were partially at fault, then you could collect from both insurance companies. I would suggest contacting a personal injury attorney to discuss your case. Most offer a free initial consultation and you can get more information about the value of your case and the fault of the driver's involved.... Read More

You should probably talk to the lawyer that is handling your case now.  It depends on your contract that you had with the first lawyer, but if you assigned the attorney an interest in your case as is typical in a contingency contract then they can retain an interest.  If the first lawyer did not really do anything to move the case towards settlement or obtain a settlement offer then your current attorney may be able to use this to get the first attorney to take less than the agreed percentage. Cheryl A. Wulf Cheryl Wulf and Associates 305 S. Broadway Ave, Ste 403 Tyler, Texas 75702 (903) 525-9869 www.wulf-law.com... Read More

You can sue, but suing a hospital is a very expensive and traumatic process. No lawyer is likely to take your case on contingency, i.e. on an agreement to get paid only out of what he or she can recover for you, because the cost of preparing and presenting your case will be much higher than the dollar amount you are likely to recover if you win. In short, though your case may be a liability winner, it's a money loser. Thank your Texas legislature and Supreme Court, and while you're at it thank the insurance companies and your fellow citizens (juries who buy the insurance company line) for making it impossible for malpractice victims to get justice in the vast majority of cases.... Read More

Please visit: http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=personal%20injury%20texas There you can compare and contrast local personal injury attorneys to determine which attorney you believe will best protect your interests. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Assuming you had car insurance at the time of the accident your car insurance company will handle the claim of the other driver. You should make sure you provide your insurance company the information about the accident (what happened; the damage; etc.) as well as the names of the people in your vehicle so your insurance company has the information necessary to fight the claim of the other driver.... Read More