Richard L. Armstrong’s Answers

Richard L. Armstrong

Plano Business Attorney.

Contributor Level 7
  1. I got rear ended and the other party is telling her insurance that it's my fault.

    Answered about 1 year ago.

    1. Nicole Lorene Dimetman
    2. Sean Michael Cichowski
    3. Richard Kurt Arbuckle
    4. Paul Hilmon Cannon
    5. Gregory S. Baumgartner
    6. ···
    11 lawyer answers

    Policies for interviewing accident witnesses vary between insurance companies. Some insurers don't take recorded statements in cases involving relatively minor injuries. However, if a case is viewed as having the potential for litigation--usually meaning higher damages--it is pretty rare for the opposing insurance company to not seek your recorded statement. They will normally do this quickly, before you have a chance to forget critical facts, and while you are still unrepresented. You do not...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. While dining at Red Robin Restaurant on April first, I bit down on something hard and broke a tooth. I talked with an assistant

    Answered about 1 year ago.

    1. Albert Lee Crosner
    2. Byron Craig Alfred
    3. David Ian Schoen
    4. George Costas Andriotis
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    In the strict sense, as a private business owner he can deny you entry for any number of reasons; however, he would be foolish to do so. You should reenter and seek service like any other patron, and then if he denies you service, I would contact the corporate headquarters and explain the situation. I would be willing to bet that they would overrule him. If they do not, I suggest you contact the local news media and they would gladly run a story on this, which would make the restaurant rue the...

    2 lawyers agreed with this answer

  3. Any chance to win a personal injury suite involving a pedestrian struck by a train on a bridge.

    Answered about 1 year ago.

    1. George Costas Andriotis
    2. Byron Craig Alfred
    3. Joseph M Martinous Jr.
    4. Brian Heath Crockett
    5. David Ian Schoen
    6. ···
    9 lawyer answers

    Of course, there is always a "chance to win" such a suit; however, the key is to know the factual details surrounding the accident. Was the person already on the bridge when the train approached? How far away was the train when the pedestrian saw it? What efforts were made to stop the train and when? A litany of other questions will need to be answered before the relative strength of the claim can be evaluated.

    2 lawyers agreed with this answer

  4. Can I sue a towing company for stealing iteams out my car?

    Answered about 1 year ago.

    1. Richard Kurt Arbuckle
    2. Richard L. Armstrong
    3. Don Karotkin
    3 lawyer answers

    Absolutely you can.

    1 lawyer agreed with this answer

  5. Can we sue a person for assault after he stole our atv and knocked my husband out?

    Answered about 3 years ago.

    1. Cynthia Russell Henley
    2. Richard L. Armstrong
    3. Lars A. Lundeen
    3 lawyer answers

    If your husband "went after him" with physical force, it would be difficult to prevail in a suit for civil assault. A privilege of self defense arises in civil suits, just as it does in criminal actions. Further, if you are thinking of suing for damages relating to conversion (theft) of the ATV, you should forget about it, since the vehicle was returned. This means you have either no damage or negligible damage. Consider yourself fortunate, because this very rarely happens! Lastly, you must...

    1 person marked this answer as helpful

  6. Is there a time limit between the date of MVA until you see the doctor for one to have a case? 9 days after an MVA I have back

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. Guy Irvin Wade III
    3. Lewis Maurice Silber
    4. Andrew Ross Benn
    5. Jonathan J Goldberg
    6. ···
    6 lawyer answers

    There is no "hard" legal time limit, no; but practically speaking, very much so. The longer one waits after an accident to visit a doctor, the more basis the insurance company (or uninsured defendant) has to argue that the injury is (a) minor or (b) something you trumped up after, not before, you sought legal counsel. These are common positions taken by attorneys for insurance carriers. We all know that, absent catastrophic injury, no one wants to rush off immediately to a doctor if it may not...

    2 lawyers agreed with this answer

  7. Is making statement like this against the law?

    Answered 10 months ago.

    1. Rengin Jamal Bekhtyar
    2. Christian K. Lassen II
    3. Richard Kurt Arbuckle
    4. Don Karotkin
    5. Richard L. Armstrong
    6. ···
    6 lawyer answers

    It is difficult to answer your question in its present form, because you don' t specify who PTI is. A legal entity can be libeled the same as an individual in Texas. However, it is not clear what the email author meant by "is consisting on corrupt and malicious workers...". If PTI elected to sue for libel, it would bear the burden of showing that (a) the meaning was clear; (b) that the allegation of corrupt and malicious workers was false (difficult to do because such workers are not named) Nd (...

  8. I was in an auto accedent 2.5 years ago. i injered my kneck, and it never healed correctly. do I have any recourse on the ins.co

    Answered over 3 years ago.

    1. Christian K. Lassen II
    2. Matthew A. Dolman
    3. Richard L. Armstrong
    4. Andrew Daniel Myers
    4 lawyer answers

    You may very well have a claim, provided the statute of limitations has not lapsed. In many states, including my home state of Texas, the period in which to file suit is 2 years from accrual of the claim (date of injury). In some states, such as Tennessee, it is one year. If time has not run out, you would need to get an attorney working on this fairly quickly. Don't be surprised if a number of them turn you down, given that this much time has gone by. With regard to the sound, to prevail on a...

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  9. Setting aside a settlement agreement in California

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. Justin C. Lowenthal
    3. Richard L. Armstrong
    3 lawyer answers

    Settlement agreements, properly done, are hard to set aside. Your basis for trying to set this one aside sounds like it would be duress. You will need to research, or have a California lawyer consult with you on, whether this fact pattern qualifies as the sort of duress that could set aside the agreement. Fraud is also a possibility. However, it sounds like the former employer threatened to turn the case over to a prosecutor---which technically is not the a factual misrepresentation as is...

    2 people marked this answer as helpful

  10. A kid on a bike ran into my car. can I sue his parents for my auto deductable? I live in northampton county PA

    Answered over 3 years ago.

    1. Dale G. Larrimore
    2. Alan James Brinkmeier
    3. Richard L. Armstrong
    3 lawyer answers

    It depends on how old the child is. Generally the age at which a child becomes liable for his or her own torts is around 12 (check your state's law). If the child was that age or older, and did not have a background suggesting that he was wreckless, his parents would probably not be liable---the child would. Absent very unusual circumstances, the child would have no assets from which to recover. If, however, the parents were negligently supervising the child, or knew that he had a habit of...

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