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David Gordon Hart
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David Hart’s Answers

20 total


  • Is it too late to file suite? Daughter fell from a 45º staircase that opens into the ceiling of a very well known restaurant.

    Owner of restaurant has acknowledge the incident and in an email he asked me to contact him directly to work out. I have sent out a demand letter giving him 2 weeks to respond. Incident happened Nov. 25, 2011. I live in Austin, Daughter lives i...

    David’s Answer

    In Texas employers that do not have workers compensation insurance are called "non-subscribers." A non-subscriber loses the defenses of contributory negligence of the employee and cannot blame co-workers for the accident. Additionally, one must only prove 1% negligence to win the case.

    A lawsuit must filed within 2 years of the date of the accident. If she was under 18 at the time of the accident, she has until her 20 birthday.

    I believe your daughter has a case. Whether she should sue depends on the amount of her damages.

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  • How do I tell if medical bills were paid seperately or if I am responsible to pay from my settlement? Release of Claims

    Was involved in car accident as a passener on March 30, 2012. Rear ended at 50 pmh while stoped at red light. Ambulance to Hospital, CAT Scan, dotors visits and loss time at work. After months they are wanting to settle for very little and from w...

    David’s Answer

    You should talk to a local, Texas Board Certified Personal Injury Trial Lawyer as quickly as possible. Your problem is pretty common. The insurance company seems to want to settle with you for a small amount. While most case like this do settle, the insurance companies and their lawyers know which attorneys will take your case to trial if needed. They also know the attorneys that will settle cheap. Consult a specialist!

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  • What should I do if the Police hit my parked vehicle and refuse to pay for it?

    The truck was parked out front in the street facing traffic. This is on a horseshoed street where there is little traffic. The officer(she) was looking at something other than where she was driving and scraped the side of my truck(bad). She appolo...

    David’s Answer

    Assuming you can prove the officier was lookiing somewhere other than where she was driving, you may have a case for the damage to your truck. The first order of business is to send written notice of your claim against the city. This notice must inform the city of your identity, what happened, what your damages are and what you claim was done wrong. This notice must be received by the City Secretary, usually, within 6 months from the date of the accident. Some cities have a period as short as 90 days (although this shorter period may be invalid). Don't risk it, send it now. Keep a copy of the letter you send, and send it certified mail, return receipt requested.

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  • Death caused by narcotics prescibed to another

    I am wandering how to proceed. I had an autopsy performed after my mother died unexpectantly. The results came back that a significant contributing factor was drugs in her system including oxycodone, which she never was perscribed. My brother o...

    David’s Answer

    First, I would like to know what other drugs were found and what other drugs your mother was on. Of particular interest is whether or not your mother was on a patch pain killer like fentanyl.Your next step would be to consult an attorney. An attorney would investigate as to whether or not your brother and his wife, or any other responsible person or entity has assets or coverage for this matter. Your brother may have home owner's insurance that may provide coverage, depending on the terms of the policy. It is clearly illegal to give another person narcotics like oxycodone.

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  • In a mesothelioma lawsuit, what are the tax liabilites for wrongful death and survivors settlements.

    Our family must decide how to divide the settlement between wrongful death and survivors shares. We thought we could place the whole amount under wrongful death but the lawyers are saying that would bring tax liability and that we must put some po...

    David’s Answer

    I agree with the earlier answer, but would add that any amount of money that might be construed to be punitive or exemplary damages, or payment for confidentiality will be taxable. I would suggest that the agreement not be confidential, or, if it is, that a small amount be set out in the agreement as being paid for the confidentiality. I also would suggest that the pleadings be amended to withdraw any prior allegations of punitive or exemplary damages. Finally, I would suggest that the settlement agreement specifically set out that none of the damages are for punitive or exemplary damages.

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  • Can some one sue for an accident that happened on private property that happened over a year ago

    My daughter used my vehicle and back into a motorcycle that was parked behind my car. Had no insurance at the time due to none payment. Owner of motorcycle wants to sue now after a year in a half cause we could not a for all of damages yet. we hav...

    David’s Answer

    The owner of the motorcycle can sue, generally speaking, up to two years after the accident. There are very limited exceptions to this two year limit (statute of limitations). The owner of the motorcycle may have a valid claim against your daughter, the driver. The owner of the motorcycle may also have a valid claim against you if your daughter was an unlicensed or incompetent driver and if the accient was her fault. You, as the owner, may also be held responsible if your daughter was your employee, your agent or you were engaged in a joint enterprise at the time of the accient. Again, these are very limited situations that may make you responsible for your daughter's conduct. Texas Law allows for the suspension of the drivers license of an uninsured motorist that negligently cause damage if a judgment is obtained against the uninsured motorist.

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  • Insurance of druck driver that tolal my truck wants a statement of the accident from me

    I got hit by a drunk driver, My truck was damaged on the back and all the passenger side. His insurance says that either it was my fault or that the truck was damage already on the side. His insurance wants me to give them a recorded statement on ...

    David’s Answer

    You should contact a Board Certified Personal Injury Trial Lawyer in Texas before agreeing to give a statement. In a case like what you are describing, I usually advise that a lawsuit should be filed immediately without giving a recorded statement. There is evidence that is best preserved and obtained after a lawsuit is filed.

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  • Operating straight truck without proper CDL license

    I rear ended a Sherwin Williams truck at an intersection. I found out that the person operating the straight truck had only a regular drivers license. I was issued a ticket & I believe she got one too. If she was illegally operating the truck -...

    David’s Answer

    That fact that a driver did not have a license, or the proper license, does not change the fact that you rearended the truck. From your question, it appears that the truck was at a stop, and therefore, did nothing to cause this acciednt.

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  • Can I file for "loss of use" in Texas? My car was totaled in an auto accident.

    My car was totaled in an auto accident.

    David’s Answer

    Not against the person that caused the accident or their insurance carrier. If you have coverage for a rental car on your policy, you can make a claim for a rental car on your policy, depending on the policy language.

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  • Can I respond to this on my own or do I need and attorney?

    Additional information. My adult son was involved in an accident. At the time he was on my insurance. His license was suspended at the time of the accident so the insurance company said that they would not pay on the claim and they will not prov...

    David’s Answer

    If your son lived with you, and was not specifically excluded from the policy before the accident, your insurance company probably has the duty to defend you and your son.

    The very first thing you should do is make several copies of the petition and citation. Send them to your insurance company by certified mail, return receipt requested with a letter telliing them to defend you and your son. Also, hand deliver a copy of the letter, petition and citation to your agent. Call your agent and your insurance adjuster and tell them you have been sued and served. Tell them you expect them to defend you. and your son.

    Consult with a Board Certified attorney that has experience with automobile accident claims.

    You cannot legally respond to the lawsuit on behalf of your son unless you are an attorney, and then you would have a potential conflict of interest.

    I would highly suggest you hire an attorney t represent your interests.

    Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

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