Skip to main content
Sambar Kumar Mukerji
Avvo
Pro

Sambar Mukerji’s Answers

45 total

  • How much can I sue a person for if I can prove Libel?

    A fellow landlord has published a letter and distributed it through his manager to his tenants stating that I (he has printed my name and the address of the properties I own in this letter) have been cited numerous times by local law enforcement f...

    Sambar’s Answer

    If you can prove libel, you could be entitled to actual damages and punitive damages -- both would have to be proven up. The amount of damages would vary greatly depending on the facts of the case at hand.

    See question 
  • What is the process of fraud?

    my g.f received some checks in the mail with her mothers name. I think it was a loan and my g.f endoresed with her own name and depositied in her account she got the money or loan in the amount of 5000.00. She says she meant to pay the loan but th...

    Sambar’s Answer

    Your girlfriend could be facing criminal charges; if she can't afford an attorney, perhaps the judge in the court will appoint one. In addition, she may be sued in civil court and a judgment rendered against her. I would not recommend that she handle either case pro se, if possible.

    See question 
  • How long does the state of texas have to get a indictment on me?

    i was arrested in nov for engaging in orignized criminal activity how long does the state of texas have to indict me?

    Sambar’s Answer

    This attorney's blog post has information that may help:

    http://texascriminaldefenselawyer.blogspot.com/2008/11/texas-statute-of-limitations.html

    Best of luck.

    See question 
  • I got into a car accident I was driving and I don't have a driver license yet. The cop gave me a ticket for it but....

    When he gave me the ticket he said to set up a court date and show up so my ticket can get dismiss because he didn't see me drive the car. Can I do that? How do I do that? I'm planning on getting my driver license very soon and I want to know i...

    Sambar’s Answer

    The prosecutor would have to prove that you were driving beyond a reasonable doubt. The fact that the officer never saw you driving, in my opinion, justifies reasonable doubt, at a minimum. Just show up to court at your first setting and speak with a prosecutor if the court/judge lets you. Most likely it will be dismissed.

    Sam K. Mukerji
    713-973-1300
    info@mstriallaw.com
    www.mstriallaw.com

    See question 
  • Can I sue for compensation for not being able to use my vehicle while the other party contests his ticket?

    I was in an accident that was not my fault. I was not insured, but the at fault party was. It has been 3 months since the accident, but their insurance company has not yet paid to fix my vehicle because the guy that hit me is contesting his ticket...

    Sambar’s Answer

    I agree with the previous poster. The insurance company is not obligated to wait for the outcome of the ticket before they agree to pay for your vehicle's damage and loss of use. If you find it tough to get a lawyer to sue just for the property damage, you may want to file suit against the at-fault driver and handle the case pro se. The small claims/JP courts will walk you through the procedures involved. The insurance company and their lawyers will most likely step in to defend the case.

    See question 
  • What happens when you crash someone's car,you aren't on their insurance, yet it was claimed.

    Hello, I have a question, I crashed into a parked car a while back. The car had the smallest scratch and no one was hurt. I got a "blue" form or a form- St-2, accident crash form and therefore the insurance were called. I now have to fill out a lo...

    Sambar’s Answer

    If the other insurance company is asking you to fill out a form, it may mean that their subrogation department is looking to get paid back for repairs to this property damage/scratch. In turn they will pay back their insured for any deductible per the terms of his/her policy. If you didn't have insurance or your car was not covered at the time of the incident, the insurance company may come after you and/or the vehicle owner directly.

    Sam K. Mukerji
    ph: 713-973-1300
    info@mstriallaw.com
    www.mstriallaw.com

    See question 
  • If you are driving a car with no insurance and get in an accident, but you have an insurance policy can you use it?

    While driving my fiance's car I was turning around in a parking lot and bumped another car. His car didnt have insurance at the time, but my car in insured. Can I use it? I havent heard anything from this woman in a year and now all the sudden I h...

    Sambar’s Answer

    If you had insurance at the time of the accident, your insurance should pay for whatever damages occurred to the other vehicle (liability) and to your vehicle (comprehensive/full coverage). If she made a claim for injuries, your insurance company will be able to help with that as well. I would contact your insurance company immediately and talk to them about the situation.

    -- Sam Mukerji
    www.mstriallaw.com
    info@mstriallaw.com

    See question 
  • How to cancel life insurance policy retained by former employer

    I was recently laid off and my former employer purchased life insurance on me. I want that canceled since he no longer holds insurable interest. I have asked him to cancel it and he has not. Can I legally get that canceled? And how? Thank you!

    Sambar’s Answer

    Apologies for not being able to answer your question directly, but Houston local news KHOU recently did a story on this type of coverage; also known as "dead peasant" policies. See the online version of the story here: http://www.khou.com/news/THE-BOSSS-SECRET-CASHING-IN-ON-YOUR-DEATH-84124597.html

    Although they are effective when you are their employee, I would gather that they are also effective in your situation on a case by case basis. Point being, you would most likely have to get a copy of the policy and read the exact language of coverage to see if it applies to your situation. I would recommend consulting an attorney with expertise in this area -- the aforementioned article mentions a couple of such lawyers. If that doesn't work, try calling the Texas Dept of Insurance of the State Bar for an attorney referral in your area.

    See question 
  • I got hit with a bottle in the face, and the bouncers let the guy go can i sue the bar? please some advice thank you

    I was at a bar and me and this other person got in a verbal argument, we ended the argument by him saying, " let's just drop it." He walked away and a couple of seconds later he punched me from the side with no warning, as i stepped back from the ...

    Sambar’s Answer

    You may have a possible claim/lawsuit for, among other things, negligent/inadequate security. Typically, in a case like this, the longer you wait to prosecute this case, the more difficult it is to prove up in a court of law -- evidence gets destroyed, memories fade -- so it's a good idea to consult an attorney as soon as possible. Call me if you have any further questions -- 713-973-1300.

    See question 
  • A co-worker/friend of mine was hurt at work, but our employer does not have workers comp insurance. What can she do?

    We are part-time employees with no workers comp coverage. My friend hurt her back on a doorknob while carrying a heavy box. The owners of our stores (9 stores) completely blew her off and refused to pay for her to go to a doctor or even give her a...

    Sambar’s Answer

    Typically, an employer who does not subscribe to worker's comp in Texas can be sued directly for injuries sustained by an employee. To pursue such a claim, it is generally a good idea to retain legal counsel to assist you. Feel free to call our office at 713-973-1300 if you have further questions.

    See question