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Questions Answered by Gregory S Baumgartner
4 Answers | Asked in Car Accidents and Wrongful Death for Texas on
Q: Would I be able to sue for wrongful death? My mother was the passenger in a car accident.
Gregory S Baumgartner
Gregory S Baumgartner answered on Dec 23, 2018

I am sorry for your loss. The law in Texas allows parents, children and spouses to bring a wrongful death claim for the loss of the family member.

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9 Answers | Asked in Personal Injury, Car Accidents and Wrongful Death for Texas on
Q: My son was killed by a semitruck driver who was on the job when he ran a stoplight. Do I sue the driver, the truck's

owner, or the truck company the driver worked for? Can I sue all three?

Gregory S Baumgartner
Gregory S Baumgartner answered on Oct 29, 2018

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.

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1 Answer | Asked in Personal Injury for Texas on
Q: Where do I go from here and what should I include in a written answer?

Hi, almost a year and a half ago I rear ended a lady’s car. She seemed fine at the moment and her car only had number damage. Now after almost two years, she is suing me for bodily injury.

Gregory S Baumgartner
Gregory S Baumgartner answered on Jul 10, 2018

Contact your auto insurance company right away and make sure you tell them about the lawsuit being filed against you.

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: Do you have to participate in a deposition. Or can you just participate in mediation,car accident case
Gregory S Baumgartner
Gregory S Baumgartner answered on Jul 5, 2018

This is a question you should cover with your attorney if you have one. If you don't have a lawyer look for a good one close to your home.

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1 Answer | Asked in Wrongful Death for Texas on
Q: Who exactly can file a wrongful death lawsuit in Texas?
Gregory S Baumgartner
Gregory S Baumgartner answered on Jun 23, 2018

In Texas, wrongful death claimants are limited to parents, spouses and children. See CHAPTER 71. WRONGFUL DEATH, Texas Civil Practices and Remedies Code.

3 Answers | Asked in Personal Injury for Texas on
Q: girlfriend was hit by drunk driver, she went to the hospital insurance hasn't covered all the bills what can she do

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 »

Gregory S Baumgartner
Gregory S Baumgartner answered on Dec 12, 2017

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 the... Read more »

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1 Answer | Asked in Personal Injury for Texas on
Q: Is it legal to ride a motorcycle with headphones on? Can that make a motorcyclist ineligible to sue after an accident?
Gregory S Baumgartner
Gregory S Baumgartner answered on Jun 16, 2017

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.

1 Answer | Asked in Wrongful Death for Texas on
Q: In a wrongful death case can you seek the wages the person would have earned in their lifetime?
Gregory S Baumgartner
Gregory S Baumgartner answered on Jun 9, 2017

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 include... Read more »

1 Answer | Asked in Personal Injury for Texas on
Q: My case had been dismissed w/out prejudice...can I claim for damages

A warrant of arrest had been served 9/22/2014. Svheduled jury trial 04/2017 had been cancelled and case disposed- dismissed 03/29/17.

Will the warrant issue be a factor for the defendant's ineligibility to claim for damages? Had the statutes of limitation been past due?

What... Read more »

Gregory S Baumgartner
Gregory S Baumgartner answered on Apr 7, 2017

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.

2 Answers | Asked in Wrongful Death for Texas on
Q: What does loss of companionship mean, and who can claim it in a wrongful death lawsuit?
Gregory S Baumgartner
Gregory S Baumgartner answered on Dec 22, 2016

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.

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2 Answers | Asked in Personal Injury and Car Accidents for Texas on
Q: If I pay my medical bill with my work insurance do I have to pay those medical bill back to my work insurance??
Gregory S Baumgartner
Gregory S Baumgartner answered on Sep 8, 2016

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 »

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2 Answers | Asked in Personal Injury for Texas on
Q: I was in a car accident four years ago.

The other person went to a doctor the next day but I heard nothing about this person after even though I was deemed at fault. Is there any kind of time limit this person has to suing me?

Gregory S Baumgartner
Gregory S Baumgartner answered on Sep 6, 2016

The general statute of limitations in Texas is 2 years for car accidents. There are a few exceptions such as minors.

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3 Answers | Asked in Personal Injury for Texas on
Q: How do you come up with a dollar amount for a personal injury case?
Gregory S Baumgartner
Gregory S Baumgartner answered on Mar 23, 2014

Generally, there are three factors that attorneys use to evaluate a personal injury claim. They are, liability, damages and ability to pay.

Liability

the first analysis is always liability because if you do not get past liability the analysis stops. In effect, the plaintiff or injured...
Read more »

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1 Answer | Asked in Personal Injury for Texas on
Q: How can you find out the verdict of a lawsuit?
Gregory S Baumgartner
Gregory S Baumgartner answered on Jul 18, 2013

You can look at the public records of the case which will reflect the verdict. Many courts allow such searches online.

3 Answers | Asked in Personal Injury for Texas on
Q: Person is assaulted at bar, attacker gets away, can victim press charges against bar for injuries?
Gregory S Baumgartner
Gregory S Baumgartner answered on Aug 9, 2013

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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