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Sambar Kumar Mukerji
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Sambar Mukerji’s Answers

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  • Car accident (black ice) someone claim over my insurance policy

    I drive to work and cross the bridge and found 3 car accident block at the end of the bridge. I drive really slow but can not control my car because the road so slipery. I hit the wall and slid to 1 car at front bumper but no damage. At the tim...

    Sambar’s Answer

    He can file the claim. However, it seems like there could be insurance fraud going on. If you haven't already, I would notify your insurance company of what actually transpired at the time of the incident. Your insurance company should have a Special Investigations unit that investigates claims that are fraudulently filed. The other drivers involved in the incident should be able to back up your story.

    You should take into account that if that claimant was actually injured in the original accident (before you collided with his vehicle) and he hired an attorney to represent him for those injuries, it is possible that that attorney or his legal assistant just filed claims against all insurance companies and was planned on establishing liability later-- something that some personal injuries firms do on a regular basis.

    Sam K. Mukerji

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  • My daughter was hit by another vehicle while driving a company truck. What should she do?

    she was released by the hospital and told she needed to go to a med. facility because of workers comp. But, they wont see her until authorized. She has not been able to get authorization from the company insurance co., she has tried talking to the...

    Sambar’s Answer

    If she's getting the run around for this long, I would recommend she contact an attorney immediately. Because the accident was another driver's fault, she will be able to recover not just from worker's comp, but also from the 3rd party's insurance company. If and when W/C gets involved, they will want to subrogate when you recover from the 3rd party. If you have any questions or want to discuss further, feel free to contact me.

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

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  • How long does someone have to file assault charges in the state of tx?

    A friend of mine and his wife were having marital problem and were arguing, he grabbed her by te arm to try to stop her from leaving and she jerked away and it left bruises on her arm. Is this ground for filing assault charges?

    Sambar’s Answer

    A class C misdemeanor (no jail, max punishment of $500 fine) simple assault is the minimum charge he could face should it be reported and the proper authorities believe there is enough evidence to move forward. I agree that it could get as high as a class A misdemeanor which can be punishable up to 1 year in jail; but if it is a first offense, then probation may be a very likely recommendation by the prosecutor.The statute of limitations on any misdemeanor assault in Texas is two years.

    Sam K. Mukerji
    www.mukerjilaw.com

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  • What is the statue of limitation for medical malpratice in Texas?

    My wife was mis-diagnosed by a nerologists who told her her seizers were sudo-symatic and she needed to see a psychologist and about a three months later she had a major stroke caused by a blood clot that got to her brain that left her permently p...

    Sambar’s Answer

    A health care liability claim must be commenced within two years from the occurrence of the breach or tort or from the completion of treatment or hospitalization. Only if the actual date of the tort cannot be ascertained should time be measured from the last date of a course of treatment. This statute, rather than the statute of limitations for wrongful death, applies in health care liability claims for death. Time may begin to run before an injury is discovered. However, the courts have held that in certain cases (not including death cases), application of the statute is unconstitutional if it would bar a claim before the claimant has a reasonable opportunity to discover the wrong and bring suit. For cases filed on or after September 1, 2003, a new statute of repose bars any claim filed more than ten years after the act or omission giving rise to the claim.

    www.mukerjilaw.com

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  • Liability for my adult daughter who may be underinsured

    My adult daughter has a car in her name. She wil buy her car ins. She's on my health coverage as a "dependent". If she underinsures, am I liable? I do not intend to declare her on my income tax as one.

    Sambar’s Answer

    I would need more information to understand exactly what you are asking and to better answer your question. If you are concerned whether you will be responsible if you daughter caused an accident and the injured party's medical bills are more than what your daughter's policy limits are, I wouldn't be. Barring any extraordinary facts about the case, I don't believe you can be held accountable in this type of situation.

    Sam Mukerji
    www.mukerjilaw.com

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  • I was hit from behind while stopped at a light, will his insurance company have to pay for damages?

    I was hit from behind while waiting at a light. Although the driver did give me his insurance information, he did not have a drivers license. What can i expect in this situation?

    Sambar’s Answer

    If he had insurance coverage at the time of the collision, his insurance company will pay for any loss within the policy limits -- this includes property damage and personal injury.

    Sam K. Mukerji
    www.mukerjilaw.com

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  • How do you clear a no bill charge off your record

    I was arrested for injury to a child which I didn't do and it went before the grand jury and they no billed it. I was wondering how do you get it cleared off my record and what is the price.

    Sambar’s Answer

    You may be eligible for expunction if you were arrested but never charged with an indictment or an information; the charge is no longer pending; and you have not been convicted of a felony in the five years preceding the date of the arrest to be expunged. The expunction will have to be initiated in the county where you were charged. Attorney's fees for such a service can vary greatly from one attorney to another.

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  • What do i have to do too get a defered adjudication sealed of all crimnal so if applying for a job it dont show up.

    fenoly and misdimmier

    Sambar’s Answer

    You are probably not eligible to get your records expunged. You are most like eligible to file a petition for non-disclosure. The previous poster is correct that this non-disclosure will prevent private entities from accessing your criminal records, but certain governmental organizations will be able to see it; including law enforcement and the D.A's office. I would recommend consulting with an attorney before you file the non-disclosure, as certain requirements have to be met.

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  • I got rear ended by a Hershey's Chocolate company car, I was hurt and my car is totalled.

    I got rear ended by a Hershey's Chocolate company car, I was hurt and my car is totalled. What kind of money should they be offering me including medical bills? I recieved a Sprang neck and wrist from the accident.

    Sambar’s Answer

    There are dozens of factors involved in evaluating a personal injury claim/case. Such a claim is mainly based on the extent of your injuries, the amount of your medical bills, any permanent injuries that will affect you in the future. In addition to that, you should be reimbursed for pain and suffering, mental anguish, lost wages, and other damages, should they apply. I would not recommend that any individual handle a personal injury claim on their own. The laws and procedures involved in settling for max value or taking a case to trial can be very complicated. I would consult with an attorney as soon as possible. Delaying representation can affect the outcome of your case. If you have any questions or would like to discuss your case further, please do not hesitate to contact me.

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

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  • In the case of a car collision to take someone to small claims court who do you serve insurance adjuster or the driver

    other party's insurance adjuster is being unresponsive so have decided to take this to small claims court but who am I suppose to sue

    Sambar’s Answer

    You sue the driver. The driver will inform his insurance company, and they, in turn, will hire legal counsel to defend their insured.

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