Thomas Allen Herald's Answers

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

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...

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

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...

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Are Toxicology reports included in Accident reports in Texas?

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...

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

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...

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Personal injury with death of baby and insurance repayment

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...

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18 Wheeler hit independent contractor's cargo van

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...

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

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.

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

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...

My kids were in an auto accident. My husband (we are separated) is trying to recover theire damages. Can he do this?

Your husband has the right as the natural parent to initiate legal action for the child which is his unless and until a court takes away that right regardless of whether the two or you were married or how long you lived together. The important thing is to make sure that the rights of your children are protected by pursuing the case in a timely manner. In the event that you are concerned that your husband will try to take the money from whatever settlement may be forthcoming, often times...

In July an HVAC company sold home owner AC/heater units with no heater. Customer discovered in Nov. missing heater. BBB

If your efforts to resolve this dispute through the Better Business Bureau have been unsuccessful, it appears that you are down to two options: 1. You can contact a local attorney who focuses on handling consumer law cases. Your case would involve claims of Breach of Contract; Breaches of Warrant; and Violations of the Texas Deceptive Trade Practice & Consumer Protection Act (DTPA) The good news for you is that each of these claims entitles you recover attorney's fees if you prevail....