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Clark William Watkin

Clark Watkin’s Answers

15 total


  • Criminal negligence?

    A person drives a friends car for her home. Both had been drinking. An accident occurs involving no other person or vehicle. Just the guard rail. They park the car and walk home. The girl (owner) reports the accident and files an insurance claim. ...

    Clark’s Answer

    I agree with the two previous posters; and I suspect all three of us would encourage these two individuals to "work this out" and not involve the court and/or the police. Frankly, I am not sure what the "criminal action" would be that you reference; and as for the owner demanding that her friend pay the insurance deductible....again, that is a very gray area. I am reading into this question that although both of these individuals had been drinking (alcohol?), they apparently agreed that the "friend" was in better shape to drive. Obviously, their judgment/decision was in error. They should have called a cab instead of EITHER of them driving; so the incident (in my humble opinion) was essentially the fault of both of them. I would encourage them to split the deductible and move on.

    Wish them luck.

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  • I had a hot rocks massage done and received 2nd-3rd degree burn on my back. now the spa insurance wants to settle for $800.. HEL

    I had a hot rocks massage done and received 2nd -3rd degree burn on my back.... now the spa insurance wants to settle with me for $800. I dont think this is fair , when i have a permanent scar on my back ..... i need help/ advise .....

    Clark’s Answer

    It certainly sounds as if you might have a valid claim against the spa (the insurance company's offer is usually a pretty good indication of that.) Suggest you cease trying to negotiate this claim by yourself and contact a well-regarded personal injury attorney in the Dallas area. Get the attorney involved as soon as possible; or at a minimum, obtain some legal advice that you can utilize on your own behalf. Also, I strongly recommend you obtain high-quality photos of your injuries and make notes concerning who you have spoken with from the spa/insurance company, when those conversations took place, etc. Your lawyer can review the specifics of what you need to do. Also, be certain to obtain any/all medical treatment needed to properly treat your injuries and minimize any further damage to your skin that may occur if you fail to treat.

    Good luck, and sorry for your unfortunate incident.

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  • Should I hire an attorney?

    In 2007 I was involved in an accident where a woman was in the middle of the freeway with no lights on at about 0400. I was driving home from work sober and struck the vehicle. Since the woman was outside, I hit her as well and she was pronounced ...

    Clark’s Answer

    By all means, plan on attending the hearing. But before you go, contact the court and speak with someone who can explain exactly what the hearing will involve. Will there be questions to you by the Judge? By attorneys? Representatives of the DOT? Prosecutor? And armed with the answers to your questions, by all means contact a criminal defense attorney who will accompany you to court and make sure you are not subjected to any questions that might require you to incriminate yourself.

    Good luck.

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  • Empty Grocery Cart rolled in to another car; am I liable for any amount above the comp. claim payed out by my homeowners ins.?

    I unloaded all my groceries and was adjusting them to get a 24pk of water underneath a few bags. My cart did not move while I was unloading the groceries, but while I was adjusting them a strong gust of wind set the cart(empty) in motion resultin...

    Clark’s Answer

    I agree with Mr. Lassen, above. You need to contact your homeowner's insurance carrier and ask for a copy of the entire claim file relating to the claim brought by this individual. As Mr. Lassen rightfully suspects, it is highly unlikely that your homeowner's insurance carrier would have paid this person $500 UNLESS the individual signed a document agreeing to release you from any and all further liability. In other words, the "victim" was given a choice: either take the $500 offered by your insurance company, OR file a claim against you for the entire amount; but he likely had to make that choice; and it sounds like he chose to accept the $500 and release you. If your insurance carrier DID pay him the money, but it then failed to obtain a Release on your behalf, then I believe you will have a separate claim against your own insurance company for breaching its duties to you under your insurance policy.

    Good luck.

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  • Do i have to go to court?

    My car was stolen from my house and then it was recovered a week later with the theft driving it, he was charged with a felony since he'd confesed, after went to get my car i was given papers to sign and a court date by the officer who arrested th...

    Clark’s Answer

    Since the thief already knows where you live, there is little need to worry at this point. Contact the prosecutor's office and see if somebody from the victim-witness division can answer some of your questions and give you some assurances. I agree with the previous poster: you won't need to worry about security. I suspect your appearance and testimony will simply be to establish that you are the owner of the vehicle; that you did not give the defendant permission to drive it; and that it has a fair market value in excess of a certain statutory amount (perhaps enough to establish the crime as a felony vs. a misdemeanor = Grand Theft vs. Petty Theft)

    Good luck and don't worry.

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  • Do I need to contact a lawyer?

    While eating my dinner tonight, Foster farms turkey meatballs, I bit down on what appeared to be a piece of bone in one of them and cracked one of my molars in half. My dentist will see me tomorrow morning. I sent a brief email to Foster Farms des...

    Clark’s Answer

    A fellow lawyer in either Tucson or Phoenix recently won a sizable jury verdict for a very similar case involving a restaurant patron who bit into a piece of hard cornbread and broke a tooth and aggravated her pre-existing TMD. I suggest you take photos of the meatball/bone, photos of your tooth, retain the meatball/bone and tooth fragments, and contact a reputable personal injury attorney in your vicinity as soon as possible - preferably in time to intervene on your behalf with the representatives of Foster Farms.

    Good luck.

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  • Which is the best way to sue a person for falsly accusing you of doing a crime?

    There is a person said to be a lawyer that said and has told the police that my son was the person that broke into their home, twice in two weeks. The frist time only a gaming console was taken, and the second time only a camcorder was taken. A de...

    Clark’s Answer

    You have a thorny situation that involves family law issues, juvenile law issues and criminal law issues. Generally speaking, it is very difficult to make a claim against a person for reporting a crime to the police AND indicating to the police a belief that a particular person committed that crime. Presumably, the police searched your premises pursuant to either a search warrant or your permission; and as you know, the fact that the items were not located in your home does not, without more, prove either that the items were or were not taken by your son. That's just the way it works. By the same token, since the items were NOT found, then there is no hard "evidence" that your son is guilty of the crime.

    As for the vehicles lurking in the neighborhood, one thing you could do is call the police and report a suspicious vehicle; if it turns out to be a police vehicle that is doing the lurking, then you can ask them what the heck they are doing there.

    The proverbial "bottom line" here might be that you need to sit down and ask your son some very difficult questions. As a former prosecutor, myself, I learned that generally speaking, with the cost involved for police to investigate crimes, even the apparently small ones, they USUALLY only spend the time and money investigating when they have ample grounds to believe a person is a repeat offender. Hopefully, that is NOT the case in your matter.

    Good luck.

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  • What type of lawyer do I need for defamation of character inflicting severe emotional/stress injury to point of having to quit?

    I suffered severe emotional/mental/physical stress and defamation of my character/integrity at workplace by office lead and dept supervisors. I contacted HR and Union and was told to report retalitory behavior. I was in constant email/verbal commu...

    Clark’s Answer

    Contact an attorney who specializes in two things: first, plaintiff's employment law; second, personal injury or "tort" law. It sounds as if you are already pretty well versed in the nature of the claims you might need to bring, so if I were you I would immediately seek out the specialties I have mentioned. You can usually find what you need via an internet search using the search terms most applicable to your situation. Employment lawyers do not always handle personal injury tort claims; likewise, most personal injury attorneys do not handle employment law claims. Good hunting.

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  • .my employer is now telling us that we have to back our own vehicles into parking spaces,can they be held liable if i hit someth

    my employer is telling us that we have to back our personnal cars into the parking spaces. When I get to work it is dark and when I leave it is light,so many of us feel that it makes more sense backing in the daytime.If we hit someone or something...

    Clark’s Answer

    What an unusual situation. Why on earth would your be required to back into a parking space...unless your employer actually believes this will be less hazardous than parking in the "normal" way.

    In any case, I believe the answer to your question is: No, the employer will not be held responsible if you damage your vehicle, another vehicle, or some other piece of property when you back in. My advice would be to either not park in the subject lot if you are concerned you might cause damage, or take the time needed to get comfortable with this type of parking. It will require learning how to better use your side-view mirrors; but once you learn it, it will actually be a valuable lesson you will never forget! Trust me on this one, and good luck.

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