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Jack Todd Ivey's Answers
- 34 Legal Answers
- 0 Legal Guides
10
Attorney answers:
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Should I get another lawyer?
You may not be aware of a change in Texas law, but in 2003 under the disguise of medical malpractice reform, the Texas Legislature changed the manner in which medical expense damages are computed in every injury case in Texas. That law was challenged as unconstitutional and the Texas Supreme Court upheld the law this past summer. In short, we have what is called the "Paid or Incurred Rule." This rule has effected, and in most cases lowered, the value of every injury claim in the state. In...
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4
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My daughter was an unauthorized driver of a rental car and was involved in an accident caused by 3rd car that left the scene.
You need to review your auto insurance policy. In Texas, the typical policy only covers a rental car if the "insured auto" is being repaired and the rental is being used temporarily because of that. I hope this was the case, and if it was, then you own auto insurance should be able to defendant your daughter for this claim. I agree with Counsel from Vermont that typical Texas insurance policies require that you give your daughter consent to drive the car before there is "permissive use"...
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8
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I got rear-ended this Monday on way to work. Can a lawyer help get and enforce a fair settlement?
As prior counsel has stated, you are not entitled to OEM parts in Texas, so you should expect after-market or gray market parts. Texas law only requires that the vehicle be repaired in a reasonable fashion. Your vehicle may suffer from diminished value due to the collision, but the burden of proof to establish this will be yours. You may want to consult an independant appraiser to get a report that speaks to that issue. The cost for that type of appraisal will be your expense, as the other...
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4
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I was at fault in an accident - can they take my husband's inheritance from his parents?
It appears that you are in contact with your insurance company, which is good. The fact that they are willing to extend your policy limits is likewise good. Given that fact, I believe the likelihood of you being sued for addition damages is limited. Most insurance companies in Texas will not settle a case without a full and final release, because even if they tender the policy limits without a full and final release they would need to provide you with a defense in the case should you be sued,...
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7
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My 16 YO son hit a car in the rear. They were traveling at 60mph and the other car stopped for left turn with no warning signal
In Texas it is a well known rule that "you don't hit the car in front of you." While there are some execptions as to when you might be able to explain this away, it is very difficult to get a jury to go along with this generally held belief. If he has injured passengers in his car, he needs to contact your insurance company at once, as I suspect those injured passengers will bring a claim against your son with almost 100% certainty. Even if the driver in front of your son did not have...
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4
Attorney answers:
Got hit while backing out of my families driveway
Well the person that told you that your friend had the right of way, has never read the Texas Transportation Code. Sec. 545.256 states that: An operator emerging from an alley, driveway or building in a business or residence district shall: (1) stop the vehicle before moving on a sidewalk or the sidewalk area extending across an alley or driveway; (2) yield the right-of-way to a pedestrian to avoid a collision; and (3) upon entering the roadway, yield the right-of-way to an...
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7
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Can I be charged with simple assault and the sued for it?
As a lawyer in Texas, I can tell you that if you struck the woman in the face, the district attorney's office for the county in which the battery occurred could bring charges against you. However, if you have not had charges brought against you yet, and you have already resolved the DWI issue, then I would suggest that the likelihood of charges being brought after the fact are limited, but it could happen and the statute of limitations on this misdemeanor offense in Texas is seven years. As...
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Being sued for an auto accident my wife had, what's next?
What so many people outside of the legal field do not fully apprecaite is that under your Texas liablity auto insurance policy, the insurance company owns the claim against you up to the amount of your policy limit. Typically when you get sued it is because the insurance company and the claimaint failed to reach an agreement as to what is the reasonable value of the claim, so suit is brought to ask the judge and jury for assistance in determining that amount. In addition, there may be issues...
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6
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Personall injury case with no help ?
Generally speaking, the frustration that you are experiencing is an all too common phenomenon. Many of us lawyers in the personal injury field believe that insurance companies intentionally dely, deny and defend cases merely to make the process frustrating for hurt individuals like yourself so as to make it less likely that you will file a claim again if you are hurt sometime in the future. Regrettably there is little recourse for hurt persons other than to hire a lawyer and file a lawsuit....
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4
Attorney answers:
Can I sue the co owner of the bar that assaulted me and end up losing my job and serious headache in texas?
The short answer to your question is yes. You can sue the person who hit you. However, that claim would be for civil assault, battery and intentional infliction of emotional harm under Texas law. These claims are legitimate and a jury can award you damages for them. But, as I have posted before, the practical issue is "can you be paid for your injuries?" Herein lies the problem. Most general liablity insurance policies will not pay for damages arising out of intential conduct, such as the...
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