Personal Injury Law

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 …

Thinking about settling a car accident claim? Read More »

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 …

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

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. …

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

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 …

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

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 …

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

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 …

What happens in a personal injury lawsuit? Read More »

Should I rely on my financial advisor or Texas attorney for estate planning?

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 »

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 …

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

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