Brian W. Erikson’s Answers

Brian W. Erikson

Dallas Construction / Development Lawyer.

Contributor Level 18
  1. Drunk Driver In Rental Car Crashed Into My Vehicle.

    Answered over 1 year ago.

    1. Parker Price Polan
    2. Brian W. Erikson
    3. Seth Clark Harmonson
    4. John Gus Zgourides
    5. Robert C. Slim
    6. ···
    12 lawyer answers

    The drunk driver, not the driver's insurer, is responsible for the injuries that the driver caused. Until you sue the driver and secure a judgment against the driver, you cannot proceed against the driver's insurer. The statute of limitations for negligence is two years. So, if you wait more than two years to sue the driver, the insurer will be off the hook. Word to the wise, get yourself an attorney to write a demand letter to the driver, and copy the insurer. Good luck.

    18 lawyers agreed with this answer

  2. I signed intellectual property rights agreement with employer. I'm starting untreated company, ok to copywrite under comp name?

    Answered about 1 year ago.

    1. Brian W. Erikson
    2. Marc Jacobson
    3. Rochelle S. Rabin
    4. David M. Slater
    5. Pamela Koslyn
    6. ···
    7 lawyer answers

    The legal analysis will start with the agreement. An agreement like what you describe may or may not be valid and may or may not cover your off hours intellectual property. Give the agreement to an attorney in Houston. You can consult with a Houston attorney by visiting the Houston Bar Association at the following web link: http://www.hba.org/ Good luck.

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  3. My wife is got a dui this past weekend, this is the first time she has ever been in trouble, dose she really need an attorney?

    Answered about 1 year ago.

    1. Todd Gregory Lehn
    2. Kristin Renea Brown
    3. Kathryn Mary Holton
    4. Brian W. Erikson
    5. Gene Raymond Beaty
    6. ···
    7 lawyer answers

    Absolutely, she needs an attorney. Retaining an attorney could save a lot of expense and grief down the road. Good luck.

    13 lawyers agreed with this answer

  4. Can I sue my employer for damage

    Answered about 1 year ago.

    1. Brian W. Erikson
    2. Manuel Alzamora Juarez
    3. Christian K. Lassen II
    4. Gregory S. Baumgartner
    5. Rengin Jamal Bekhtyar
    6. ···
    6 lawyer answers

    If through your own negligence, your car is totaled, why should your employer pay anything? For you to establish liability on your employer's part, you would have to show that your employer was somehow at fault for the accident. Simply because your employer asked that you use your own car does not obligate your employer to pay for your negligence. You need to specify more facts that show that your employer is somehow at fault, aside from simply asking that you use your own car. Your...

    11 lawyers agreed with this answer

  5. Can i trust my boyfriends attorney

    Answered over 1 year ago.

    1. Brian W. Erikson
    2. Kevin Matthew Koel
    3. Orsen E. Paxton III
    4. Stephen Neil Foster
    4 lawyer answers

    You don't explain what the issues are. But, keep in mind that your boyfriend's attorney owes fiduciary and ethical obligations to your boyfriend, and no fiduciary and not so much ethical obligations to you. That is why an attorney cannot represent multiple parties unless their interests are aligned, and they waive potential conflicts. Get your own attorney to review whatever the transaction is or whatever is proposed. Good luck.

    10 lawyers agreed with this answer

  6. I need to know what rights we have as renters. My boyfriend fell from our balcony because the railing gave way.

    Answered over 1 year ago.

    1. Brian W. Erikson
    2. Lars A. Lundeen
    3. Kevin Matthew Koel
    4. Vuk Vujasinovic
    5. Richard Kurt Arbuckle
    6. ···
    8 lawyer answers

    Retain an attorney ASAP. The landlord owes implied obligations as to the habitability of the premises. The landlord's general liability insurance likely covers the damages. But, you (preferably the attorney that you retain) have to write to the landlord to set out the facts and to request that the landlord put its insurer on notice. There may be a defense that your boyfriend was somehow contributorily negligent or that somehow you were negligent or responsible. The attorney that you...

    10 lawyers agreed with this answer

  7. Can you sue for defamation of character when father lies about mother to judge.

    Answered almost 3 years ago.

    1. Brian W. Erikson
    2. Christian K. Lassen II
    3. Harry Edward Hudson Jr
    3 lawyer answers

    Theoretically, your father could be subject to penalties for perjury, but you are probably better served by winning the war instead of focusing on a particular battle. If you father has stated as fact things which are not true, focus on proving that your father's statements are not true. Get admissible records from the CPS, police, etc., to disprove the statements. You will need a transcription of the hearing with your father's misstatements under oath, so check with the court reporter....

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  8. Do I need a real estate attorney?

    Answered almost 3 years ago.

    1. Brian W. Erikson
    2. Michelle Lynn Marshall
    3. Michael Howard Myers
    4. Rixon Charles Rafter III
    4 lawyer answers

    You can file suit in small claims court as long as the amount that you seek is less than $10,000. For rental claims, each month is a new claim, so you don't have to seek more than will fit within the small claims court jurisdiction. I assume that your property management company had the tenants sign standard form Texas Apartment Association leases. You can review a standard form TAA lease at the following web address: http://www.taa.org/images/assets/PDF/renter/2009apartmentlease_forweb....

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  9. Over complicated.. 3 accidents since May 2013, none my fault...1st case no lawyer, and other 2 I do. Is it too late to hire one

    Answered about 1 year ago.

    1. Brian W. Erikson
    2. Richard Kurt Arbuckle
    3. Collin J. Earl
    4. Michael R Crosner
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    I strongly suggest that you have one attorney represent you for everything. Otherwise, things will fall through the cracks and coordination problems will happen. The defendants will invariably blame injuries or your damages on another accident or contend that they were pre-existing. One attorney with knowledge about all three accidents will help to avoid those problems. If you are not satisfied with your current attorney, retain one in whom you have trust. But, you will have to resolve...

    8 lawyers agreed with this answer

  10. Can I sue a daycare for my child's injury to her face?

    Answered about 1 year ago.

    1. Brian W. Erikson
    2. Hunt Edwin Bonneau
    3. Kevin Rindler Madison
    4. Brian Heath Crockett
    5. Daniel Knight Dinneen
    6. ···
    12 lawyer answers

    The statute of limitations for negligence is two years from the date of the injury. If the injury occurred less than two years ago, go see a personal injury attorney immediately to advise you of your rights. If the injury occurred more than two years ago, the statute of limitations may have lapsed on certain claims. If the day care center committed misrepresentation or fraud concerning the cause of the injury, the statute of limitations is four years for those causes of action. The...

    8 lawyers agreed with this answer

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