William J. Dyer’s Answers

William J. Dyer

Houston Lawsuit / Dispute Attorney.

Contributor Level 15
  1. Eating at a restaurant, large plank of solid wood fell and hit me in the neck and head.

    Answered almost 2 years ago.

    1. Christian K. Lassen II
    2. William J. Dyer
    3. Michael Ryan Juarez
    4. Charles Elwood Soechting Jr.
    5. Richard Kurt Arbuckle
    6. ···
    10 lawyer answers

    The reason they want your signature is that they want to cut off your possible rights, forever, in exchange for the least they can promise right now. That's what insurance companies do, and they're very good at it. You can be very sure that the forms and fine print they've drawn up for you to sign are for THEIR benefit, not yours. If your injuries are serious enough to require medical treatment, then before signing anything, you should almost certainly consult in more detail -- privately,...

    11 lawyers agreed with this answer

  2. Should I file a lawsuit against an insurance company for slander?

    Answered over 2 years ago.

    1. William J. Dyer
    2. Kevin Rindler Madison
    3. Christian K. Lassen II
    3 lawyer answers

    I tend doubt that slander is the tool you're actually looking for -- it rarely is in business disputes, for one reason or another -- but there may be other legal theories that actually fit your situation better. When people have chosen to do business together on a regular basis, that alters their respective rights and obligations; some of the communications made with each other or even with third parties may be "privileged," and many of them will be non-actionable subjective statements of...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. What kind of settlement am i looking at am i gonna get a good amount

    Answered about 2 years ago.

    1. John Gus Zgourides
    2. William J. Dyer
    3. Jeffrey Mark Adams
    4. Richard Kurt Arbuckle
    5. Gregg Samuel Harrison
    6. ···
    6 lawyer answers

    I'm sure you're frustrated that you can't seem to get a precise answer to your question. But any lawyer who pretended that he could give you a precise answer -- ever, even if he were your own lawyer and knew everything pertinent to your case -- would be a foolish liar. This isn't an exact science, even with lots more information than your questions here can ever provide. You can still get a useful opinion, or multiple and varying useful opinions, by consulting with one or more lawyers in...

    8 lawyers agreed with this answer

  4. Texas law on a personal injury lawsuit

    Answered about 2 years ago.

    1. George Louis Legrand
    2. William J. Dyer
    3. David Alan Wolf
    4. Gregg Samuel Harrison
    5. Jeffrey Mark Adams
    5 lawyer answers

    This is exactly the kind of question that you should be asking your own lawyer. If you're not satisfied with the answer you've gotten from a subordinate, you should put your question to your lawyer in writing. Nevertheless: In the sense that I think you're asking about, Texas law doesn't COMPEL a spouse's name to be put on a release form. There's not a generalized, statewide statute or rule which would require that. However, Texas is a community property state. Some sorts of damages...

    7 lawyers agreed with this answer

  5. Small Claims Appeal

    Answered over 1 year ago.

    1. William J. Dyer
    2. Don Karotkin
    3. Lucy Magness Hebron
    3 lawyer answers

    You say you "recently" won a default judgment, but not when. Exact dates are very important when trying to answer a question like this. So, too, are the exact details of what's been filed. I'm guessing it's probably a motion to set aside a default judgment under Rule 566 of the Texas Rules of Civil Procedure, or maybe a motion for new trial under Rule 567, or a combination of both. But if instead it's an appeal bond under Rule 571, the consequences of that would be very different. Whether...

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  6. Do I need to inform defense of all other lawsuits I have been a part of or currently may have pending?

    Answered about 2 years ago.

    1. William J. Dyer
    2. Richard Kurt Arbuckle
    3. Sheadyn Reaves Rogers
    3 lawyer answers

    If you have counsel, you should put this question to your counsel and let him or her guide you in deciding whether you have a good-faith objection that you can interpose to this discovery request. Generally one must answer truthfully and fully all relevant discovery inquiries during pretrial proceedings, unless the response would reveal information that is privileged or unless the court has sustained an objection to the request -- e.g., an objection based on grounds that the request is...

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  7. Does my attorney need to file a motion to withdraw or just send me a letter to quit the case?

    Answered about 2 years ago.

    1. William J. Dyer
    2. Richard Kurt Arbuckle
    3. Gary Alan Armstrong
    3 lawyer answers

    If your attorney never entered an appearance on your behalf -- never filed any paperwork for you, never attended a court hearing, had literally no contact at all with the justice court or its staff -- then there is no attorney-of-record relationship that would require court approval to change or end. You may have other rights and remedies if your attorney's withdrawal is without your consent, but what those rights and remedies are, and how much practical leverage they may give you, depend...

    6 lawyers agreed with this answer

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  8. Is it legal for someone to imply they are the attorney for a company when they are not?

    Answered almost 3 years ago.

    1. William J. Dyer
    2. Gregory Philip Bowes
    3. Hershel Robert Chapin
    3 lawyer answers

    Under Texas law, the unauthorized practice of law may be a serious crime, but there are many things that non-lawyers can and do say which imply that they have above-average knowledge of the law or their potential legal remedies, yet do not rise to the level of unauthorized practice of law. The Texas Unauthorized Practice of Law Committee, whose website I've linked below, has an important role in investigating complaints, and their FAQ page in particular includes information you may find useful,...

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  9. Do you have to answer every question in a deposition?

    Answered about 2 years ago.

    1. William J. Dyer
    2. Orsen E. Paxton III
    2 lawyer answers

    Here's how I explain it to my clients who are plaintiffs: When you're the one coming to court asking for relief, it just won't do for you to refuse to cooperate in the pretrial discovery process. A judge who thinks you're cooperating will give you a fair hearing, but if he or she concludes that you're playing games or not cooperating, you're in serious trouble. In general, and subject (with exceptions) to a six-hour time limit, a witness must answer all questions put to him or her. It is the...

    6 lawyers agreed with this answer

  10. When can a defendant request a Trail by Jury?

    Answered over 1 year ago.

    1. William J. Dyer
    2. Richard Kurt Arbuckle
    2 lawyer answers

    You are mistaken. In general, per Rule 523 of the Texas Rules of Civil Procedure, the same rules apply in justice of the peace courts (or the small claims courts they administer), except as otherwise provided in the special rules (beginning with Rule 523) for the JP courts. Of those, Rule 540 states that "[i]f neither party shall demand and be entitled to a jury, the justice shall try the cause without a jury." But Rule 544 then says "[e]ither party shall be entitled to a trial by...

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