Proper defendants usually are the truck driver and the trucking company. Others can be a potential defendant, depending on the facts, like the maintenance company (if the truck is improperly maintained) or the leasing company in some circumstances. I am sorry for your loss.
insurance co. called her today and offered to settle but she still has problems with neck and shoulder. they want her to accept 1500.00 but have said nothing about paying the bills already incurred. there is also the issued of diminished value to her lease vehicle. any help or directon would be... Read more »
The best approach is for your girlfriend to speak with a personal injury attorney. Whenever there is a drunk driver involved there is a possibility of punishment or exemplary damages. Insurance companies do not want to try a case to a jury that involves a drunk driver. There's too much risk on...Read more »
Texas is a proportionate responsibility state. Which means a jury will usually decide who caused the accident and the percentage of fault (if any), for each party. Wearing headphones would not disqualify someone for the right to bring a lawsuit after an accident.
In Texas and the wrongful death statute provides the basis for the wrongful death lawsuits. In effect, a wrongful death case is the person's personal loss of their family member. So it is not as easy as calculating the lost wages of the decedent. Pecuniary losses are provided for and those...Read more »
There is not enough information here to answer your question definitively. Generally, dismissal without prejudice allows one to refile a case if there is not another bar to re-filing. You should consult with an attorney in your area about the specifics of this claim.
In Texas, the people who are proper wrongful death beneficiaries are the spouse, children and parents. Companionship legally in Texas is basically the love, affection and companionship one has lost and is determined on an individual basis.
Most likely yes, but it will depend on the insurance you have for work. Most policies have subrogation rights requiring a person who collects money from a 3rd party from an accident to pay them back for the bills they paid for you. It depends on the specific policy paying your bills. Many of the...Read more »
This type of civil case is based upon a negligence cause of action- and the allegations are usually that the owner of the business was negligent in how they handled security or negligent for failing to provide security.
In most cases the injuries need to be very serious in order to justify...Read more »
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