Kelly Earl Cook’s Answers

Kelly Earl Cook

Houston Personal Injury Lawyer.

Contributor Level 8
  1. Dallas Tx. and about 3 years ago my girlfriend almost had accident in my vehicle. The other driver said she tried to run him off

    Answered about 2 years ago.

    1. Kelly Earl Cook
    2. Steven C. Kline
    3. Robert Gary Stephens
    3 lawyer answers

    It is a little unclear what happened in the JP court based on your description. It sounds like the Plaintiff (the person who sued) filed an "uninsured motorist" lawsuit against his insurance carrier. The Plaintiff's insurance carrier can then look to the negligent driver for reimbursement (called subrogation). If the driver isn't able to pay, then the carrier can petition to have the driver's license suspended. You need to talk to a lawyer who will be able to sort out the facts and try to...

    Selected as best answer

  2. Is it legal for an employer to reduce my hourly wedge

    Answered about 3 years ago.

    1. Kelly Earl Cook
    2. Maria Alicia Lackey
    3. Glenn Deutsch Levy
    3 lawyer answers

    If your employer is decreasing your wages for a non-discriminatory reason, it is likely within his power to do so. An employer generally can set the wages he is willing to pay at will, changing them as often as desired. However, the employer cannot reduce the wage below minimum, or require work of over 40 hours in a week without an overtime premium. I agree that the Texas Workforce Commission is an excellent resource for you to review.

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  3. Is there a way to get around the California Micra Act ?

    Answered over 2 years ago.

    1. Gregory Lynn Johnson
    2. Kelly Earl Cook
    3. Raymond Scott Costantino
    4. Lars A. Lundeen
    5. Norman Gregory Fernandez
    5 lawyer answers

    I agree with the person who explained the high cost and low chance of winning most medical malpractice claims. Powerful insurance and corporate lobbies have nearly closed the court house door on many very deserving plaintiffs. If you are interested in the topic, consider watching the documentary HOT COFFEE which explains some of the ways that big business acts to curtail peoples 7th Amendment right to a trial by jury.

    4 lawyers agreed with this answer

  4. Do i need all my medical records available at the time i file the disability claim on line

    Answered almost 2 years ago.

    1. E Chris L'Hommedieu
    2. Kelly Earl Cook
    3. Don Karotkin
    3 lawyer answers

    You indicated this is a question about medical malpractice. I strongly suggest you contact a lawyer to discuss your case before attempting to handle it on your own. The Texas Legislature has put strict rules in place that control medical malpractice cases, and the Supreme Court has not hesitated to dismiss claims that do not strictly comply. I am not sure what sort of on-line filing you are referring to in your question. However, consulting with a lawyer will give you the chance to have...

    1 lawyer agreed with this answer

  5. I gave my employer a two week notice and they decided to let me go after two days of that two notice. Do they still pay me?

    Answered almost 2 years ago.

    1. Kelly Earl Cook
    2. Andrew Daniel Weisblatt
    3. Orsen E. Paxton III
    3 lawyer answers

    Generally, no, you are not paid for time you do not work. Giving a notice does not require the employer to continue your employment until the end of your notice time.

  6. If my boyfriends name is on a lawsuit does he have the right to know what its about?

    Answered almost 2 years ago.

    1. Kelly Earl Cook
    1 lawyer answer

    Unless the suit was filed "under seal," that is with a request by one party and the agreement of the judge to keep the records secret, then the papers filed in the Court are public records. In many courts you can go online and look at the records from the Clerk's website. If not available there, your boyfriend need only go to the Courthouse and ask to see the file. He should try to get the "style" or name of the case (for example, "John Doe v. Richard Roe") and the "cause number) which...

  7. Does travel time apply to an on-call person leaving from home to a job site in town when called out to work by your employer.

    Answered about 2 years ago.

    1. Kelly Earl Cook
    1 lawyer answer

    This is an interesting question that will turn on your situation. For example, I would argue that if you are required to do work at home, such as logging into computers to check job sites, plan routes, confirm inventory, or confirm client instructions, then your travel time to work may be compensable and should be paid at the overtime rate if you were already over 40 hours in the week. The nature of your "on-call" time also should be explored. However, your specific situation needs to...

  8. I filed a lawsuit against an individual because she hit my car causing some minor injuries and vehicle damage.

    Answered almost 3 years ago.

    1. John Joseph Klevenhagen III
    2. Kelly Earl Cook
    3. William J. Dyer
    4. Christian K. Lassen II
    5. Lars A. Lundeen
    5 lawyer answers

    I agree with hiring a private process server. You should also speak to a lawyer about the case because if the event was over two years ago you may have a problem with the statute of limitations. In Texas a plaintiff must show "due diligence" in getting the Defendant served before the statute runs. Also, misnaming versus misidentifying the Defendant can be an issue. A lawyer should be able to help make sure you serve the correct entity as quickly as possible.

  9. I bought a 2011 f-250 Loaded.. 28 hours after i bought it my friend wrecked it.

    Answered about 3 years ago.

    1. Kelly Earl Cook
    2. Christian K. Lassen II
    3. Charles Joseph Michael Candiano
    4. Daniel A Levy
    4 lawyer answers

    Your friend sure didn't do you any favors. You need to consider several issues in getting this matter resolved, including what possible insurance coverage is available. If you bought the truck new and still had a loan, then the bank would have required you to have coverage to pay for the damages, less a deductible. Your friend's insurance may or may not apply, but if it did, then you could claim the loss of value you sustained as an additional element of damages. You should speak with a...

  10. In Texas, If injured while on the job, can one get workers comp. and also file a lawsuit for personel injury/compensation ?

    Answered about 3 years ago.

    1. Kelly Earl Cook
    2. Phillip L. Wray II
    3. Michael Ian Rott
    3 lawyer answers

    Assuming the janitor is not a co-worker of yours then yes, you may be able to bring a claim against him (and his employer) or the building owner, manager or other person have control over the premises. The fact that you are receiving workers' compensation does not prevent you from pursing a negligence action against someone other than your employer who contributed to cause your injury. Unlike workers' compensation, in the negligence action you can pursue pain and suffering and other elements...