David Wayne Hodges's Answers

I have been searching the internet for Texas Settlement laws?

Much of your question goes to insurance company practices rather than "Texas law." Many times, your health insurer will put the insurance company on notice of its right of subrogation. Simply put, the health insurance policy typically gives the insurer the right to get reimbursed from a third party settlement. To protect itself, the third party insurance company will send one check to the health insurer and another to you. This is a prime example of why it's important to have an experienced...

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Can I do anything about finding an iron fishing hook in my shrimp take home cocktail. I bit it .

As others have mentioned, because you suffered no harm, it is unlikely you have a viable claim. Your best bet may be to have the cost of your meal refunded. I would not expect much beyond that.

Who has right of way in a parking lot? My insurance company claims the person backing up always has right of way.

I am not aware of any rule of the road or statute that gives someone the right of way while backing out of a parking space. Technically, a parking lot is not a public roadway, so a police officer should not be issuing tickets to any party in such a situation. However, the person traveling on a public roadway will have the right of way in relation to someone pulling out in front of them. Likewise, even though it's a parking lot, absent a stop sign or other traffic control device, someone who...

Are there any limitations to "Pain and Suffering?"

can a person sue for pain and suffering? Yes, a person can sue for pain and suffering in Texas. It is often submitted to the jury as "physical pain and mental anguish." what is required to do that? The filing of a petition stating a claim for damages. One of the categories of damages may be physical pain and mental anguish. Wont they have to prove it? Yes. An example could be, but isnt limited to someone being in a car accident but isnt hurt at all, but maybe wants to say that....

What are my legal rights when Liberty Mutual is saying I was 10% to blame for a wreck their client takes 100% blame for?

We have seen this before, typically from a low-level property damage ajuster. If you stick by your guns, you may be able to get them to take 100% responsibility. I agree that you should let your insurance company sort it out if possible. It is unlikely that a complaint to the Texas Department of Insurance will do much good, but you should still document what they are doing. You can make a complaint online. I have attached the link.

I got hit by a truck when I was riding my bike on Route 1. I have waived PIP coverage on my truck. Am I able to make a claim?

I am licensed in Texas, but I can tell you that your waiver of PIP does not affect your claim submitted to a third party insurance company (at least in Texas). I highly recommend that you contact an experienced personal injury attorney who is licensed in DC. We have an attorney in our office who is licensed in Maryland and he has told me what the adjuster is saying is not making sense.

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My son was hit by a car while on his bike

From the facts you described, it doesn't really sound like a hit and run. However, it is up to law enforcement whether to pursue that case. If your child has not had medical treatment, I suggest you take him to your family doctor at a minimum. You may want to contact the officer and find out if he thinks the lady had insurance. You could also contact her directly to see if she will give you her insurance info.