Patrick R. Scott’s Answers

Patrick R. Scott

Wichita Falls Insurance Law Lawyer.

Contributor Level 11
  1. Should we change lawyer if we have settle on the case and it has been over a year?

    Answered about 2 years ago.

    1. Patrick R. Scott
    2. Daniel David Horowitz III
    3. Kevin Rindler Madison
    4. Kevin Coluccio
    5. Robert Don Fink
    6. ···
    8 lawyer answers

    These types of cases can take time. That said, your lawyer should keep you informed throughout the process. Call the attorney's office and schedule a time to meet with him/her to discuss your case. If you do not receive a response in a few days, then send the lawyer a certified letter requesting a time to meet. If he continues to ignore you, then you should send a letter terminating his employment and find another attorney to assist you. If you think the attorney is acting unethically or...

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  2. Can I take the person who hit my car to small claims court? Or the insurance company?

    Answered almost 3 years ago.

    1. Patrick R. Scott
    2. Daniel David Horowitz III
    3. Kevin Rindler Madison
    4. Marc Sean Hurd
    5. Daniel Paul Buttafuoco
    5 lawyer answers

    In Texas, you need to file suit against the driver rather than his insurance company. Louisiana is the only state that will allow you to file suit directly against the insurance company. Although you are suing the guy that harmed you directly, his insurance company will have a duty to defend and to indemnify him from any damage that he may have caused you. In other words, his insurance carrier will pay for an attorney to defend him and will pay any judgment that you may receive against him...

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  3. Should I get another lawyer?

    Answered almost 3 years ago.

    1. Patrick R. Scott
    2. Jack Todd Ivey
    3. Steven A Schwartz
    4. Randy William Ferguson
    5. Joseph Jonathan Brophy
    6. ···
    10 lawyer answers

    It is difficult to determine what you are likely to recover without knowing more information. For instance, what the facts of the wreck? Was the other driver completely at fault? What specific type of treatment did you receive and when did you receive it? What are your prior injuries (if any)? Your current lawyer is the best person to evaluate the case for you. If you are having a difficult time speaking with your lawyer, I would suggest that you send him/her a letter to request a meeting...

    10 lawyers agreed with this answer

  4. Whats the chance of wining this case?

    Answered over 2 years ago.

    1. Patrick R. Scott
    2. George Louis Legrand
    3. Steven Mortimer
    4. David Alan Wolf
    4 lawyer answers

    The chances of success based on those facts are very unlikely. Aside from any sovereign immunity issues, the first problem is the "duty" that a landowner owes a trespasser. In Texas, a landowner or premises occupier owes to a trespasser only the duty not to injure him willfully, wantonly, or through gross negligence. In this case, there are no facts to indicate the train operator acted in a willful, wanton or grossly negligent manner; therefore, there's unlikely to be any breach of duty....

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  5. I was in a motorcycle accident last month in Houston,Texas. I have no health insurance and unemployed. What can I do ?

    Answered almost 2 years ago.

    1. Patrick R. Scott
    2. Curtis James Bickers
    3. Kevin Coluccio
    4. Christian K. Lassen II
    5. Marc Christopher Lenahan
    6. ···
    6 lawyer answers

    If the wreck was not your fault, then you likely have a claim against the responsible party. The at fault person will be responsible for your medical bills, pain and suffering, the damage to your motorcycle, and possibly other damages. Look at your own insurance policy to determine if you have PIP (personal injury protection). If you do, then make a claim to have your medical bills paid. If you do not, then add PIP coverage so you will have it on the policy in the future. You should...

    8 lawyers agreed with this answer

  6. Should I get an attorney for being rear-ended?

    Answered over 2 years ago.

    1. George Louis Legrand
    2. Richard Kurt Arbuckle
    3. Patrick R. Scott
    4. Randy William Ferguson
    5. Daniel Nelson Deasy
    6. ···
    6 lawyer answers

    Generally speaking, the person that hit you must put you in the position you were in prior to the wreck. You are entitled to pain and suffering in addition to your medical bills. Keep in the mind the insurance company does not have your best interest in mind when they are dealing with you. You should contact a personal injury attorney as soon as possible to discuss your claim.

    8 lawyers agreed with this answer

  7. What does an insurance company have to pay when a person dies in a car accident. Person died not at fault

    Answered over 2 years ago.

    1. Patrick R. Scott
    2. Marc Edward Stewart
    3. Joseph Jonathan Brophy
    4. S. David Rosenthal Esquire
    5. Kevin Rindler Madison
    6. ···
    8 lawyer answers

    I am sorry to hear about your loss. More facts are needed to fully answer your question. It will likely depend on what type of coverage is available and whether the defendant has any assets. I recommend you contact a personal injury attorney to have your case evaluated. Most personal injury attorneys will not charge you anything for the consultation and it will give you a better understanding of your rights.

    8 lawyers agreed with this answer

  8. Can defendant file a answer to a claim a year later?

    Answered almost 3 years ago.

    1. Patrick R. Scott
    2. Christian K. Lassen II
    3. Scott Edward Templeton
    4. Jacob Adam Regar
    4 lawyer answers

    More information is necessary to answer your question. For instance, if you are in federal court, then the defendant could file a variety of pre-answer motions to try to dismiss the case prior to filing an answer. For example, the defendant could file a pre-answer motion to dismiss your case for failure to state a claim. If the defendant has filed an answer, then the defendant has simply answered your lawsuit. As the Plaintiff you have the burden of proof on each element of your claim. You...

    8 lawyers agreed with this answer

  9. Do I have a breach of contract / bad faith claim against my own insurance company?

    Answered about 2 years ago.

    1. Richard Kurt Arbuckle
    2. Patrick R. Scott
    3. Haroen Calehr
    4. David J. McCormick
    5. Lars A. Lundeen
    5 lawyer answers

    It appears your liability carrier made a decision to pay a claim and you were not happy with the decision. Unfortunately, it's not your decision to make under your policy. The insurance company is there to defend and indemnify you against liability claims against you. If someone made a claim against you and your carrier decided to pay it, then you have no recourse against your own insurance carrier for that decision. When you say "my insurance company accepted fault" you likely do not have...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Do I need an attorney for almost choking on a piece of hard plastic

    Answered almost 3 years ago.

    1. Daniel David Horowitz III
    2. Patrick R. Scott
    3. Marc Sean Hurd
    4. Robert C. Slim
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Daniel is correct. Since you were not harmed by the chocolate covered plexi glass you have no damages to pursue against the potentially responsible party.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

Contact Patrick Scott for a FREE consultation

800-772-0828