Thomas Allen Herald’s Answers

Thomas Allen Herald

Hurst Personal Injury Lawyer.

Contributor Level 7
  1. What do I need to do after being involved in a car accident in Texas

    Answered over 5 years ago.

    1. Kristopher Shane Barber
    2. Thomas Allen Herald
    3. Brian Robert Wilson
    4. Elizabeth Taylor Herd
    4 lawyer answers

    I definitely agree with one of the previous answers: HIRE A COMPETENT ATTORNEY. You are going to be faced with a number of complicated insurance coverage issues, and each step must be handled correctly or you and your family members can lose important rights to pursue certain claims. Unfortunately, too many drivers in the Dallas/Fort Worth area are uninsured. Hopefully, the new ordinances that Dallas just passed and the Fort Worth is currently considering to tow vehicles of drivers of...

    2 lawyers agreed with this answer

  2. What are my rights of the person who hit me is only covered for $20,000 and my medical bills exceed that

    Answered over 5 years ago.

    1. Marc Christopher Lenahan
    2. Hamilton Philip Lindley
    3. Thomas Allen Herald
    3 lawyer answers

    What are you entitled to? The truth is, we cannot answer that question without knowing all of the details. What can you do? You need to make sure your rights are protected. While there are cases where there is simply not enought insurance available to pay for a client's damages, it is important to investigate and explore all possible sources of recovery, and to make sure that if you have underinsured motorist coverage, that you follow all of the terms and conditions of the policy before...

    1 lawyer agreed with this answer

  3. Do I need an attorney for a settlement with my insurance company?

    Answered over 4 years ago.

    1. Parker Price Polan
    2. Lannie Todd Kelly
    3. Thomas Allen Herald
    4. Jason Eric Kipness
    5. Joseph A Blaszkow
    6. ···
    7 lawyer answers

    I would defintely recommend you hire an attorney. Your case is an Uninsured Motorist Claim. Because your rights to recover benefits stem from your insurance policy and the laws interpreting those policies and obligations your insurance company owes you, unless you are extremely familiar with the details of the policy and the law, the insurance company may take advantage of you and not treat you fairly. Considering the severity of the injuries you referenced in your question, I would...

    1 person marked this answer as helpful

  4. Do I have a claim against Public Storage, Willis Insurance, and TxDot?

    Answered over 4 years ago.

    1. Thomas Allen Herald
    1 lawyer answer

    There are several different options that you should explore: 1. Your homeowners or renters insurance may have coverage. However, many policies will exclude flood damage if the source of the flood is simply rising waters, as opposed to water from a pipe burst. 2. As you tried, you can see if the storage facility has coverage, however, it is unlikely that such coverage will exist. You will probably even see a reference to that in your contract. 3. You can pursue a claim against TxDot...

    1 person marked this answer as helpful

  5. Are Toxicology reports included in Accident reports in Texas?

    Answered almost 5 years ago.

    1. Thomas Allen Herald
    2. David Gordon Hart
    2 lawyer answers

    No, they are not included with a typical Texas Crash Report. However, if you believe that the driver that struck you was intoxicated, you should make a detailed Open Records Request with the police department handling the offense requesting copies of various items that address the issue of intoxication. These items can include things such as video and audio recordings of the person, SFST results (Standard Field Sobriety Test), breathalyzer results, toxicology reports, confessions, and...

    1 person marked this answer as helpful

  6. Was hit by another driver that driver is at fault for the accident called her insurance adjuster and am being ignored

    Answered almost 5 years ago.

    1. Thomas Allen Herald
    1 lawyer answer

    You are not alone. First you have to understand that ignoring you and your claim is sometimes part of the business model that the insurance companies have developed to save them money. Just google the phrase, "Delay, Deny, Defend" and you will see tones of examples of how insurance companies have delliberately developed this approach to frustrate people who have valid claims into giving up or accepting less than they deserve. I would encourage you to contact an attorney. Most attorneys...

    1 person marked this answer as helpful

  7. Personal injury with death of baby and insurance repayment

    Answered over 5 years ago.

    1. Marc Christopher Lenahan
    2. Thomas Allen Herald
    3. Mark Allan Anderson
    3 lawyer answers

    I am sorry for your loss, and for the grief that you are experiencing with the insurance company. I am sure that there could be nothing more difficult to deal with than the loss of your child even an unborn child. Thank goodness that you took steps to protect yourself by purchasing health insurance, PIP and UIM coverages. However, now you find out that all of those premiums do not necessarily mean you get treated like a good neighbor. It definitely sounds like you need some legal...

    1 person marked this answer as helpful

  8. 18 Wheeler hit independent contractor's cargo van

    Answered over 4 years ago.

    1. Thomas Allen Herald
    1 lawyer answer

    Hopefully the insurance company has resolved your issue by now. If they have not done so, you need to understand that the usual rule is that property damages to a vehicle will not usually entitle a person to recover damages for lost wages as you would be expected to mitigate your damages and rent another comparable vehicle to prevent the loss of income. However, there are exceptions to the rule such as the circumstance where the damaged vehicle has unique characteristics such that it is not...

  9. Will auto insurance cover me if I have an accident if it's within 60 days of license expiration?

    Answered almost 5 years ago.

    1. Thomas Allen Herald
    1 lawyer answer

    The short answer is yes. Your insurance policy covers you even if your license expires. Contact your insurance agent and report the loss. They will handle it from there. They probably will not even ask if your license had expired. However, you need to get your license renewed with your current address. You have 30 days to do so. After that, it is a Class C misdemeanor if you get pulled over and the officer wants to be tough with you.

  10. If I was misdiagnosed at a hospital, and suffered further injury from it, what should I do?

    Answered almost 5 years ago.

    1. Thomas Allen Herald
    2. Theodore W. Robinson
    3. Lars A. Lundeen
    3 lawyer answers

    If you believe that your medical providers misdiagnosed you, you need to contact an attorney that handles medical malpractice claims. You need to do it as soon as possible as there is a 2 year statute of limitations for claims such as this. Plus, if the hospital or doctors fall under the Texas Tort Claims Act, you are required to give timely written notice of your claims as well. I would call a local attorney today and discuss your case briefly with them to make sure your time deadlines...