Stewart J. Guss's Answers

My wife's had a bad back but After she got in a wreck , then needed surgery How Can she prove the wreck caused more injury?

Ms. Walter makes a very good point. There are never any guarantees that you will recover more by going to trial then you would if you settled. A case involving pre-existing injuries is always more complicated then a case where someone had no pre-existing medical conditions. In simple terms, you wife is entitled to recover for the "difference" between the state of her injuries before and after her wreck. As Ms. Walter suggests, this will require the testimony of medical professionals, will...

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When they say file a written answer with the clerk do I have to go to the courthouse or do I write them back?

Ms. Walter is absolutely correct, you can mail your answer to the clerk. If you are going to represent yourself, however, I would suggest highly that you file your answer with the clerk in person. Be sure to bring an extra copy so that the clerk can "file stamp" it for you. You can then use this file stamped copy to show that you did, indeed, file your answer. Remember - there are very strict deadlines for filing your answer and depending on what you were sued for, there may be procedural...

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Can wages be garnished in Texas if a person is being sued in excess of their insurance coverage?

The simple answer to your question is generally speaking - no, wages cannot be garnished in Texas to pay a judgment obtained as the result of a tort (car accident.) There are means by which you can recover funds from an individual on a simple civil judgment (for example, you can't garnish the judgment debtor's wages, but you CAN garnish their bank account after they have deposited their paycheck.) As a practical matter, however, its often fairly challenging to recover a civil judgment from an...

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What should I do? I cashed a insurance automobile check and I wasnt involved in the accident at all?

I would agree. My practice area is personal injury and accident law throughout the state of Texas. I can tell you (as you already know) that this is not how personal injury cases are settled. Because I practice personal injury law and not criminal defense, I cannot give you any specific advice or answers. I can tell you, however, that it is CRITICAL to consult with a criminal defense attorney of your choice before continuing to speak with the federal agent. Lawyers are here to protect...

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How can i get my money back?? my ex boyfriend ask me to let him borrow money and hasnt payed me back..he even changed his number

Mr. Erikson has given you some excellent information. If I may add, please allow me to provide you with a link to an excellent pamphlet put out by the State Bar of Texas regarding how to sue in Small Claims Court. Mr. Erikson is right though, the first and most important step is tracking your ex down. I hope this information helps you! If you think this post was helpful, please check the thumbs up (helpful) tab below. Thanks! If you want to know more about the attorney answering this...

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How good are my chances that I have a legitimate case against a transmission shop business please help me how to approach this?

If I may add to my colleague's answer - you may wish to consider suing in Small Claims Court as an alternative to justice court as long as the amount in question is less than $10,000.00. I'll provide a link below to a VERY helpful and informative pamphlet put out by the State Bar of Texas with information about how to sue in Small Claims Court. I hope this information helps you! If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as...

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Can i be sued for causing an accident even after the claimant got paid by my insurance.

Generally speaking, your insurance company will not pay someone who makes a claim against you unless that claimant signs a release in full. Whether or not this person can successfully sue you would depend on language of the release. In any event, you should immediately contact your own insurance company and let them know that this person is threatening to sue you. Part of what you pay for when you buy liability insurance is your insurance company's agreement to provide a defense for you in...

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Where can i get a copy of a law site for personal injury auto accident

I agree with both of these gentlemen. I happen to be licensed to practice law all over the State of Texas, but there are may good lawyers out there. As my colleague suggested, you can click on the picture of any of the lawyers you see answering questions to get information about them and their practice. Texas is a very tough state for personal injury victims though, so its always good to try and retain the services of a injury and accident lawyer. I hope this information helps you! If...

Need assistance with getting paid for vet bills of dog mauling. dog to dog incident.

I think Laura is absolutely right. If the other side has an attorney, you should absolutely consider hiring one as well. If you cannot afford to hire an attorney, however, you may have the option to represent yourself in small claims court. In small claims court you can sue for damages up to $10,000.00 and it is designed to allow people to represent themselves. The rules of evidence and procedure are relaxed, and most small claims court judges tend to be patient with pro se litigants (...

A company cleaned our windows inside and outside at our house. They used a razor blade and scratched the tint inside.

Absolutely! To be fair, I would first give the business owner the opportunity to either repair the damage or (properly) fix it themselves. If they are unable or unwilling to do so, you can sue the company in small claims court. There should be a small claims court in your area, and they usually have a packet that you can pickup with information about filing. Small claims courts are designed for people to be able to represent themselves - the rules of evidence generally don't apply and the...