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 …
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 …
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 …
A salvage vehicle means a vehicle declared a total loss due to a wreck or theft. In Texas it is possible to buy and drive a vehicle with a salvage or rebuilt title. It requires inspection by the Department of Motor Vehicles and a certificate issued on the basis of the inspection. Many people are leery …
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 …
Even the strong arm can’t muscle past qualified immunity in Dallas, Texas Read More »
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 …
5 diminished value mistakes that will make the claims adjuster laugh at you Read More »
Diminished value claims are claims for the loss of market value in a vehicle after it experiences a car wreck. Diminished value is a subset of personal injury law that deals with car accidents. Insurance companies avoid paying on diminished value claims because they can add thousands to a claim. Sometimes insurance companies will tell …
Texas diminished value claims and first party liability Read More »
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 …
DISD bans large passenger vans due to crash and rollover risk Read More »
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. …
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. …
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 …
Can you sue if your child is injured at a Texas public school? Read More »
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 …
Can you sue if you are injured at beauty salon or spa in Texas? Read More »
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 …
Living as a tenant comes with a lot of frustration, wasted time and possibly money when you have a bad landlord. Most of us who have been tenants at some point in our lives have bad experiences with landlords. Landlords have an incentive not to care for the property any more than they must. The …
I have problems with my Texas landlord, what can I do? Read More »
All states have what are called intestacy laws, which govern how most property will be divided when an adult dies without a valid will. An important note in that description is that there must be a valid will. It is not enough that there is a will, the will must be enforceable under the testacy …
What happens to my property if I die without a will in Texas? Read More »
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 …
What is subrogation in a Texas personal injury claim? Read More »
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 …
A holographic will is a handwritten will. Although it sounds like it should be one of those foil pictures that with three dimensional pictures; it is less exciting. Each state has its own rules for what makes a holographic will valid. Not all states even accept them. A handwritten will sounds like an easy way …
Generally no. While working in the financial services industry I had the opportunity to learn a lot about investing and risk assessment. One really important lesson learned: financial services is all sales. Selling stocks, selling annuities, selling retirement plans, selling trusts, etc. The business model is straightforward: get clients in the door, bring in their assets and …
Should I rely on my financial advisor or Texas attorney for estate planning? Read More »
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 …
Filed a demand letter for diminished value claim, now what? Read More »