Leonard B. Gabbay’s Answers

It is "normal" for an insurance defense lawyer to ask for a medical exam. They try to call them Independent Medical Exams (IMEs). We call them Defense Medical Exams (DMEs). The doctor doing the exam may ask questions about the wreck and may try to interrogate the subject of the exam. We have been successful in having our judges allow another person in the room (and sometimes we are allowed to videotape the exam). This prevents the ins. company doctors from being anything but polite during the...

A few different things can happen: 1) your attorney can contact the ins. carrier and find out why they did not respond; 2) your attorney may have sent what is known in Texas as a Stowers demand. A stowers demand is a demand letter that is sent to the other driver's carrier and gives the carrier enough information about the damages in the case and enough information about the other driver's liability in the case so that a reasonable insurer would settle the case in the time allotted by the...

First of all, after being in an 18 wheeler wreck, I wonder if you are better physically, but not better mentally because these wrecks can have a lasting effect on a person's ability to drive on the highways where truckers are normally found. If you are having these issues, I would recommend talking to your doctor about what to do about it because the last thing you want to do is be on the road and have a reaction to an 18 wheeler bombing down the highway and then you become a danger to others...

Often times an investigating officer will have field notes and may have other witness names that do not get put on the official report. You can ask your attorney to make an Open Records Request (sometimes called a Freedom of Information Act Request) to the investigating agency. If there are officer field notes, videotape from the officer's vehicle, witness names, etc. then they should send them in response to the request. I like to request the recorded 911 call where sometimes I find...

If you were driving your pastor's car, then your pastor should contact his insurance carrier and report the collision. If the pastor lent you the car, then you would be insured under his insurance. Based on the facts that you have stated (i.e. a truck cut you off and you had to slam on the brakes), then you may have a valid excuse to being legally responsible for any damages should the driver behind you submit a claim for damages against you (the law calls this excuse a "sudden emergency")....

Generally, any time an insurance carrier (the "at fault carrier") makes a payment to a claimant (you) they will require that the claimant execute a full release of all claims arising from the incident. Once you release the the insured, that release resolves ALL claims that you have against the other driver. There are other scenarios, however, that may result in additional coverage. 1) If the other driver was driving someone else's vehicle, then there may be another liability policy that...

As I prepare for a three day jury trial next week on a dog bite case, I can offer you the following: Your willingness to accept responsibility is probably one of the best ways to "help protect yourself." That's what a responsible dog owner must do when their dog bites someone else. Also, as a responsible dog owner, you did have your dog on a leash. You are required to maintain control of your dog which is required to protect others as well as meant to protect your dog. The fact that the...

First, I am so sorry to hear of your loss. You should contact an experienced personal injury attorney immediately. Even if the other driver did not have liability insurance, your attorney can check to see if the owner of the car is different from the driver of the car. There may be a policy for one of them. In addition, any policy that you or your husband have for your own vehicle may contain uninsured motorist coverage and (in Texas where I practice) even if someone is a pedestrian, the...

Normally in my jurisdiction (Texas) when the attorney resolves your case, the Court will have to approve the settlement if a minor is involved (i.e. less than 18 yrs of age). The Court will appoint an attorney ad litem (normally paid for by the insurance company of the at fault driver) which is basically an attorney whose only client is the minor child. He or she has only the "best interest of the minor" as his/her goal. The attorney ad litem will report to the Court whether or not he thinks...

Whether or not you can "get out of" the contract with this firm is a matter of what the contract says about canceling it (or rescinding it). You should also make sure that if you cancel the contract, the attorney or firm cannot maintain a financial interest in your case - even if they are no longer your attorneys. Now, who you go for your medical treatment is entirely up to you. You decide who will treat you and who you are comfortable with treating you for your injuries. Many times the...