Don Karotkin’s Answers

Don Karotkin

Houston Medical Malpractice Attorney.

Contributor Level 16
  1. If workers comp denies an injury claim does it become a personal injury issue?

    Answered 8 months ago.

    1. George Pablo Escobedo
    2. Christian K. Lassen II
    3. John Gus Zgourides
    4. Richard Kurt Arbuckle
    5. Don Karotkin
    6. ···
    9 lawyer answers

    No. Your exclusive remedy is under the Texas Workers' Compensation Act. Because your employer was a WC subscriber when you were injured, it is immune from common-law liability for your injuries. Only the WC insurance company is potentially liable here, setting aside the possibility of third-party liability based on negligence, such as medical malpractice. As all of the other responding lawyers have said, you need to hire a lawyer. I hereby join the chorus. Good luck.

    10 lawyers agreed with this answer

  2. Can I sue the doctors and hospital for ending my motherless life ? My mom was injected with something and died instantly .

    Answered about 1 year ago.

    1. Robert Warren Painter
    2. Christian K. Lassen II
    3. Brian Heath Crockett
    4. Don Karotkin
    5. Kevin Coluccio
    6. ···
    7 lawyer answers

    I am sorry for your loss. Yes, you can sue the doctors and the hospital. The Texas constitution guarantees all citizens free access to our courts. This means that anyone can sue anyone, at any time, anywhere, for any reason and for any amount of money, all without first proving anything to anyone. However, filing a lawsuit and winning one are two entirely different things. I suggest that you consult an Odessa lawyer who is certified in Personal Injury Trial Law by the Texas Board of...

    8 lawyers agreed with this answer

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  3. Towing company damaged my car, how do I make them pay for damages?

    Answered over 1 year ago.

    1. Don Karotkin
    2. Nicholas Mermiges
    3. Daniel Nelson Deasy
    3 lawyer answers

    Your claim is against the towing company, not its insurance company. If you can't or won't hire a lawyer, the way to proceed is to write a demand letter to the towing company. They will probably notify their liability insurer about your claim. An adjuster should then contact you and ask you about the facts and for documentary evidence of your property damage. After that, the insurer will either negotiate with you or deny your claim. If you are unable to negotiate a settlement with the...

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  4. Distribution of wrongful death settlement out of court between a daughter in law and the dead spouse's parents?

    Answered 5 months ago.

    1. Christian K. Lassen II
    2. Kendall Shane Cockrell
    3. Richard Kurt Arbuckle
    4. C. Donald Briggs III
    5. Julie A Butcher
    6. ···
    11 lawyer answers

    If you are referring to the daughter-in-law of the deceased, she has no cause of action for wrongful death and is, therefore, not entitled to any of the money. The Texas Wrongful Death Act gives the cause of action exclusively to the spouse, parents and children of the deceased. If you are referring to the daughter-in-law of the parents of the deceased, she was the spouse of the deceased, so she is entitled to make a claim. In the latter case, you should know that there is no formula for how...

    8 lawyers agreed with this answer

  5. If I was named in a personal injury suit 4 months ago, yet have not been served, how long do they have to serve me in Texas?

    Answered 11 months ago.

    1. Robert C. Slim
    2. John Gus Zgourides
    3. Christian K. Lassen II
    4. Gregory S. Baumgartner
    5. Richard Kurt Arbuckle
    6. ···
    9 lawyer answers

    Generally speaking, both filing suit and making a diligent and continuous effort to get the defendant served are required to interrupt the running of the statute of limitations. Whether or not you should ignore this lawsuit unless and until you are served depends on facts not stated in your post. Since you will probably eventually be served and will then have to consult a lawyer about defending you, I suggest that you do so now. However, if you have liability insurance that covers the...

    8 lawyers agreed with this answer

  6. How much should the parent ask for from the insurance claims not including medical bill amount?

    Answered about 1 year ago.

    1. Christian K. Lassen II
    2. Sue E. West
    3. Daragh John Carter
    4. Antonios Kalogerakos
    5. Brian Heath Crockett
    6. ···
    11 lawyer answers

    It sounds like you are seeking advice on how to negotiate a settlement of your claim against the day care center for injuring your child. I'm sorry, but you cannot learn how to do this on this or any other website. First, the value of the claim depends on many facts not contained in your post. Second, the art of negotiating a settlement of any personal injury cliam can only be learned through knowledge of the applicable law and experience in negotiating such claims, both of which you...

    8 lawyers agreed with this answer

  7. " Friend " borrowed my steam cleaner in September 2012 and now says they won't rerun it

    Answered about 1 year ago.

    1. Don Karotkin
    2. Brian Heath Crockett
    2 lawyer answers

    I'm sorry to have to tell you this, but yours is a problem that the legal system is not well designed to address. Because the amount in controversy is so small, you will not be able to find a lawyer to represent you on a contingent fee basis. For the same reason, it would not be economically reasonable for you to hire and pay a lawyer on any other fee basis. Of course, there is always small claims court, where many litigants represent themselves rather than hiring lawyers. However, I am...

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  8. How to proceed after a car accident.

    Answered about 2 years ago.

    1. Marc Christopher Lenahan
    2. Gregg Samuel Harrison
    3. Kevin Rindler Madison
    4. Don Karotkin
    5. Evan Andrew Gould
    5 lawyer answers

    My advice is: 1. Report this claim and forward all correspondence and other paperwork to your insurer immediately. 2. You will not be "filing a claim" with anyone. The injured person is the one making a claim. He is making it against you. Your duty is merely to report his claim and all events and communications you receive about it promptly to your insurer and cooperate with them in your defense. 3. Do not send the claimant or his lawyer anything and do not communicate with them...

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  9. My husband is an alcoholic and will drive both our cars or motorcycles how can I protect my self from any liability,

    Answered 10 months ago.

    1. Alan Jay Dion
    2. Don Karotkin
    3. Daniel Knight Dinneen
    4. Seth Jason Greenhill
    4 lawyer answers

    This is not an insurance law issue, but rather a tort liability issue related to automobile accidents. Therefore, I have taken the liberty of changing the practice area you selected so you will get answers from lawyers who are more likely to be able to help. You can protect yourself from direct, personal liability to an injured person by having the vehicles titled in your husband's name and not allowing him to operate any vehicle that you are the primary driver/custodian of. However, you...

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  10. Can Attorney fees be considered economic harm or injury in a legal malpractice lawsuit?

    Answered about 1 year ago.

    1. Joseph Jonathan Brophy
    2. Don Karotkin
    3. Fareesh S. Sarangi
    4. Robert Bruce Kopelson
    4 lawyer answers

    Yes, in a given case, attorneys' fees can be a recoverable item of damages. An example would be that the lawyer overcharged and/or charged for services he or she never performed. In a breach of fiduciary duty case, the plaintiff, if successful, may also be entitled to the remedy of disgorgement, i.e., an award equal to all of the fees charged by the defendant lawyer and paid by the former client. Other actual financial losses attributable to the lawyer's misconduct, such as travel expenses,...

    7 lawyers agreed with this answer

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