Car Accident Laws

Guardian ad litem in Texas personal injury claims

Sometimes in Texas a child suffers injury in a car accident that results in medical bills, injuries and other losses. Like other personal injury claims it may be prudent to seek settlement of the child’s claims rather than file a lawsuit. In most cases the insurance company will insist upon court approval of the settlement …

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Liability for over-serving alcohol to a guest in Texas?

With Christmas, New Years Eve and bowl games it’s the season where people throw parties and serve alcohol. Sometimes that means people will drink too much and get behind the wheel to drive home intoxicated. These intoxicated drivers are not only a risk to themselves but also a risk to passengers in other vehicles. In some states …

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What is personal injury protection coverage in Texas?

Personal injury protection coverage (often known as PIP coverage) is an optional piece of your automobile liability insurance. It provides no-fault coverage for bodily injury-related losses. In Texas, PIP is mandatory unless the covered individual (the insured) signs a waiver to waive PIP coverage. Personal Injury Protection coverage can be an effective tool in recovering …

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Valuing pain and suffering losses in Texas personal injury lawsuits

When I speak with potential clients for personal injury or employment law claims, such as wrongful termination or discharge, in  Texas I often notice some uneasiness during the conversation when discussing making the client whole for non-physical losses like pain and suffering. Decades of insurance industry advertising has been very effective in making people feel like …

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East Loop 820 Wreck in Fort Worth involving truck carrying modular home

Wednesday on east loop 820 in Fort Worth, Texas near Lancaster Avenue, a highway car accident occurred in which a truck carrying part of a modular home crashed into the Lancaster Avenue bridge causing damage to the modular home and another vehicle on the Fort Worth freeway. A passenger in the other vehicle was airlifted to …

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Thinking about settling a car accident claim?

In a car accident you often have two kinds of injuries: (1) bodily injury and (2) property damage. Property damage is often straightforward: your car suffered damage and needs repairs. The other driver’s insurance company typically will take care of repairs to the physical damage (but not always); although they may be aggressive in denying diminished value …

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Tort Reform Garbage: “Judicial Hellholes”

As a plaintiff’s lawyer I hear a lot of the support “tort reform” nonsense that goes around. Tort reform sounds nice. It sounds like an honest effort to eliminate abuse of the legal system. Who can’t get on board with that? I’d like to rid abuse of the legal system. The problem is tort reform …

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Why insurance companies don’t care about your diminished value claim: Texas lawyer explains

I receive many calls and emails each week regarding diminished value claims. Almost every time, the story is the same. Although the other driver caused the wreck, the insurance company refuses any discussion of a diminished value claim. The person might pursue a few hundred dollars all the way up to tens of thousands of dollars. Regardless …

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Even the strong arm can’t muscle past qualified immunity in Dallas, Texas

You have seen at least one of Brian Loncar’s advertisements as the “Strong Arm” personal injury lawyer. His ads have run for at least a decade for his high volume personal injury firm in Dallas. Loncar got into a car wreck in Dallas (or Highland Park) with a Dallas Fire Department Fire Engine. Loncar claimed the …

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5 diminished value mistakes that will make the claims adjuster laugh at you

Although diminished value claims are on the rise in Texas, insurance companies still feel like they are winning the war. Insurance claims adjusters know that for the majority of people the adjuster can take advantage of the claimant’s inexperience in dealing with insurance claims and personal injury litigation. Insurance claims adjusters have heard everything imaginable and …

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DISD bans large passenger vans due to crash and rollover risk

In what has been a strange and alarming string of events, the Dallas ISD private busing story has reached a conclusion today. Dallas ISD prohibits the use of 12-15 passenger vans to transport school children to and from school due to the questionable legality of their use and the risk of death and serious bodily injury …

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When the insurance company says they don’t pay diminished value claims: Texas employment lawyer

A common statement I hear at my law firm about Texas diminished value claims is the insurance company insists they will not pay diminished value claims. In fact, this is probably the #1 statement I hear from people looking for help settling their diminished value claim. Insurance companies are experts in defending against car wreck claims. …

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How insurance companies calculate diminished value claims by Dallas labor lawyer Adam Kielich

Most insurance companies use a diminished value calculation known as “17c”. This diminished value calculation was developed by Infinity Insurance and first implemented in a court by State Farm in a Georgia lawsuit in which State Farm submitted this calculation method as a way to calculate diminished value. The court in that case (Mabry v. …

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I was sued, my insurance company did not settle and the jury awarded more than my policy covers. I can’t afford to pay. What can I do?

When you own liability insurance, whether it is home insurance or auto insurance, your policy undoubtedly possesses a clause that allows you to turn the claim over to the insurer when the claim is covered under the policy. The insurance company then has a duty to defend you from lawsuits for those claims. Typically insurers …

I was sued, my insurance company did not settle and the jury awarded more than my policy covers. I can’t afford to pay. What can I do? Read More »

What is subrogation in a Texas personal injury claim?

Subrogation in a personal injury claim is the right of an entity who paid on your claim to seek repayment by another person or entity either by contract or by law. In the majority of Texas personal injury cases one or more subrogation claims arise. Addressing subrogation claims is a critical part of the work …

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What happens in a personal injury lawsuit?

A personal injury lawsuit in Texas is definitely not a fast process in most cases and depends upon the particular facts and even which county the injury occurred in. The speed a case can go to trial in Tarrant County can be different from Dallas County. However, the process is typically similar. Your first step should …

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Filed a demand letter for diminished value claim, now what?

In yesterday’s post I explained how to open negotiations with the insurance company about your diminished value claim. If you did not succeed negotiating your diminished vlue claim (sometimes called a DV claim) then you sent a demand letter. This letter should begin more serious negotiations with the insurance company. The insurance company will work …

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