My brother was extremely over served at a bar in Texas. He left and, approximately 12 minutes later, had an accident resulting in his death. Could my mother and I file a civil suit against the establishment that over served him?
Quite possibly. The type of case you are describing is called a “dram shop” case. They are typically hard cases to win only because you would have to prove that the victim was over-served after being obviously intoxicated. So, all the evidence and witnesses tend to be within the bar’s...Read more »
They argued over whether she had permission to take it or not. Either way, we’re the vehicle owner. The car was totaled. Insurance paid but gap insurance wouldn’t pay because the girl didn’t have a license.
Your friend needs to contact a personal injury attorney right away. This is far too serious of a situation to delay seeking legal advice. The consultation would be totally free. There is no reason not to take advantage of a free consultation.
If your parents were injured in the accident, then they need to contact an experienced personal injury lawyer to discuss their claims. If there were no injuries and only vehicle damages, then they have two options:
1. If the truck’s insurance has accepted liability, then they should...Read more »
Your friend ca sue the bar for personal injury if you can prove that the bar management was negligent. This can be proved by showing the the bar management or staff failed to provide proper security or that the attacker was continuously served alcohol after he became obviously intoxicated.
Whether you can avoid a settlement in personal injury cases really depends upon the circumstances of the settlement as well as the particular wording of the agreement. But unless there was fraud or duress, the settlement agreement will probably be upheld.
If the defendant has no assets, then you may be limited solely to the funds payable by the defendant's insurance policy. You may also make a claim under the vehicle's and/or the deceased's insurance policy if it provided for uninsured motorist coverage. As a Dallas personal injury lawyer, car...Read more »
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