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Daniel David Horowitz III

Daniel Horowitz’s Answers

532 total


  • Personal injury claim, liable parties insurance offered to pay discounted hospital rate and not full bill. Do i accept?

    I was in a car accident with my fiancee, who was driving, back in June of this year. The other party was liable, I went to ER right after, they asked if I had insurance, I gave them my health insurance information and informed that this was a moto...

    Daniel’s Answer

    What your describing is a result of tort reform dealing with paid/incurred bills. If you went to court, the defendant (his/her insurance company) would only be liable for the amount actually paid or incurred. This means the discounted rate the health insurance pays plus and co-pays or deductibles. I wouldn't sign a release in exchange for them only paying the ER bill. If you incur additional bills they won't consider them since you signed a release. Also, you need to consider any Subrogation interest and or hospital lien that may be involved.

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  • When hiring a medical malpractice attorney, is it better to hire a local attorney over a non-local attorney?

    I'm wondering if it is better to hire an attorney who doesn't know the local attorneys, so that there is no legal fraternizing between the hired attorney and local attorneys, which could influence the outcome of the case. I know there is an ethica...

    Daniel’s Answer

    Not to sound too cynical, but if you have a medmal claim in texas that an attorney will take, you're fortunate and the exception to the rule after so called tort reform. Also, you're better off if you're attorney knowers the attorney for the doctor or hospital. That means your attorney knows what he's talking about.

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  • What is the norm with re. to costs/fees in a contingency case?

    That is, are these costs/fees normally on a contingent basis, or is the client normally liable for them regardless of whether there is recovery? Or does it simply vary by lawyer? Can this be negotiated?

    Daniel’s Answer

    In nearly all situations the client doesn't owe any costs, expenses, or fees in a contingency fee case unless there is a recovery. With that said, if the client doesn't cooperate, misleads their attorney, etc. and costs/fees/sanctions are awarded against the plaintiff or the plaintiff's lawyer then the client might be responsible for this. Also, if a case goes to trial and the plaintiff loses, the defendant can seek the recovery of court costs in the final judgment. If that happens the client would possibly be responsible for paying these costs.

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  • How customary is it to engage in negotiation regarding the percentages of a contingent fee?

    This is in regard to a potential personal injury claim. If possible, please provide a rough percentage of lawyers you think likely to be willing to engage in such negotiation.

    Daniel’s Answer

    If a lawyer or law firm isn't willing to even discuss the issue I'd interview someone else. With that said, ultimately "you might get what you pay for." If an attorney is willing to significantly reduce their percentage just to get the case signed up, I'd worry they may be so desperate for business they'll agree just to get a new case.

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  • Not in the car during the accident but affected by the negligence of the insured. Are they eligible for pain and suffering?

    My grandmother and I were on vacation in Texas. I was struck by a kid (claimed 100% fault) and Progressive totaled out my car. We were forced to stay in Texas for 4 extra days. My grandmother (78 yo) suffered severe anxiety and stress as she had o...

    Daniel’s Answer

    In Texas the answer is NO. I must disagree with Mr. Grisoni from Arizona. The level of proof in Texas to recover for mental anguish without a physical injury is nearly impossible to meet. Since your grandmother did not suffer any physical injuries, she will not be able to recover for physical pain & suffering in Texas.

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  • What is the average demand amount for a personal injury case in a rearend accident?

    I was rearended the other persons ins is paying and accepted fault. But they are trying to reduce all medical bills and then just only pay me for my pain and suffering $1000... at the time of impact a week before i had stitches in my mouth from a ...

    Daniel’s Answer

    Welcome to insurance company treatment.

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  • I was injured at work

    My supervisor refused toale a report. I made a report with OSHA I told supervisor I was going to hospital for my back. I get a text message stating I failed a drug test for marijuana from hr rep I call back and I was told I'm fired. I told her tha...

    Daniel’s Answer

    Please quit posting the same question.

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  • Do I need a lawyer who specializes in mesothelioma for the best results?

    Dad passed from mesothelioma

    Daniel’s Answer

    Yes. It's a very specialized practice.

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  • Car accident..can I be forced to total my car and loose it??

    Insurance adjuster wants to total my corvette, pay it off, and take the corvette leaving me with nothing...now..I got three estiments below 17,000 to repair car...blue book value is 25,000...way below book to repair..can I be forced to go along wi...

    Daniel’s Answer

    You can buy the salvage from the insurance company.

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  • How much time does someone have in Texas to sue malpractice.

    My Grandson was cut next to the eye during a c section. He's almost 8 years old now and it's bigger and redder and bothers him. It's about 1/2 inch long now. It grows longer as he gets older.

    Daniel’s Answer

    Even as a minor, there's a time limit under 18 to bring a claim. Also, in 2003 your state legislature and Texas citizens voted to give doctors and hospitals special protections that no one else gets called "tort reform." So even if your grandson has a claim, good luck finding a lawyer to handle his case.

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