Personal Injury Law

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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Can you sue if your child is injured at a Texas public school?

Public schools and their employees in Texas enjoy protection under Texas law from most injuries to the children they supervise. This means that even though schools are responsible for caring for your children during the school day they are generally immune if something happens to your children causing them injury. It is the general rule

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Can you sue if you are injured at beauty salon or spa in Texas?

Many people would not believe the frequency of injuries caused by beauty procedures and treatments at beauty salons and spas. Salons frequently use acids and other harsh chemicals on the scalp, face and other parts of the skin. Salons and spas are increasingly offering more aggressive treatments such as botox, dermabrasion, laser hair removal and other

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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 »

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