Jeremy Smith Cleverly's Answers

If liability is admitted does this keep the drivers past drug use out of the case if it goes to trial in PI?

Accidents involving commercial vehicles involve a whole different set of rules than if your friends case were a regular car accident. First and foremost I’d encourage your friend and wife to consult with an attorney that has experience in dealing with these types of cases. Admitting liability is one trial strategy utilized by defendants to keep harmful facts from being presented to the jury. Simply put, the trial will no longer focus on how the accident happened, who did what, what a...

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Is it to late to get a lawyer

The above responses appear to be from out of state attorneys. As a Texas attorney I wanted to make sure you were getting some guidance from someone licensed in the State. In Texas you have a 2-year statute of limitation to file suit after an accident such as the one you and your boyfriend were involved in. If your accident occurred 4 months ago you are well within the statute of limitations. By simply contacting or hiring an attorney you are not necessarily going to end up filing suit...

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What do i do when they dont want to give me my check?

You may want to first contact the Texas Workforce Commission to make a wage claim. The website is: http://www.twc.state.tx.us/customers/jsemp/jsempsub8.html Hope this is of assistance.

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UM under my policy, Does it belong just me, or is it considered part of my case, where the lawyer gets some of it?

Your UM/UIM policy would likely be considered part of the total recovery by the attorney representing you. The reason being is that your attorney would first need to negotiate a settlement with the at-fault party's insurance company for the limits of their insurance, receive permission to settle from your UM?UIM carrier and then pursue settlement with your insurance company. There are different rules that would apply between dealing with the two insurance companies and different approaches...

I have dammage to my truck caused by an accident the ins company doesn't want to fix. Can I bring them to court?

To add to Mr. Altman’s response above regarding the cost of litigation you may want to obtain estimates on the cost of replacement/repair of your dash. If the amount is under $10,000 you may want to consider filing suit pro se (by yourself, without an attorney) against the driver of the other vehicle and the company for whom he was employed in Justice of the Peace Court. The jurisdictional limits in Texas for JP court were recently raised to $10,000; meaning that the most you could recover...

Rule 11 agreement

A Rule 11 agreement is an agreement entered into between two attorneys or parties to a suit under TRCP 11. To be enforceable, the agreement must be in writing, signed and field with the court or be made in open court on the record. Given what you have written I am unsure if what you have signed is an actual Rule 11 agreement.