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answered on Feb 19, 2025

The question I have is when did they file the criminal information for the DWI and the carrying a weapon cases? The statue of limitations on a Misdemeanor in Texas is two years. So they had two years from December 2022 to file charges. So hypothetically, if charges were not filed until January of... View More

No, they cannot. But the statute of limitations only governs how long from when the even happened must the formal charges be filed. As long as the formal charges are filed within the prescribed time period, the statute of limitations is met. Typically, the formal charges can be amended even... View More

It depends on whether you settled with your own insurance company or with the drunk driver's insurance company. If you settled with the drunk driver's insurance company, the settlement almost certainly included a release of all claims by you against the driver.

If you were injured, you can file a products liability case, more specifically a “crashworthiness” case against the manufacturer together with a personal injury motor vehicle accident (MVA) case against any other at fault driver. The trier of fact will apportion responsibility for your bodily... View More

My colleagues have correctly and thoroughly outlined applicable jurisdiction and venue issues, pointing to Texas, based on the location of the accident, and Colorado, depending on the connections of the corporation. New Mexico is irrelevant, unless there are issues of med mal. The only thing... View More

Jurisdiction in a semi-truck accident case is critical because it determines where you can file a lawsuit and what laws will apply. Since the accident happened in Texas, that state is the most likely jurisdiction, even though your fiancée is a Colorado resident. Generally, a lawsuit should be... View More

The residence of your fiancée will not affect where the lawsuit should be filed. Texas courts will have jurisdiction over the claim because the accident occurred in Texas. The courts of the state where the trucking company is headquartered will also have jurisdiction over the claim because... View More

Generally, you want to file where the accident occurred since the evidence and witnesses are there. The alternative is to file where the defendant resides. Please remember that you have 2 years to file suit from the date of injury. Most attorneys want to fully investigate a claim before filing so... View More

Barring extremely unusual circumstances, you can sue in Texas because the collision occurred here. Otherwise, you can sue the trucking company in any jurisdiction where it has “sufficient minimum contacts” such that the exercise of personal jurisdiction over it does not “offend traditional... View More

Hi, well no one can tell you whether they will win or lose. Every case is different and it depends upon the facts. The fact that someone does not appear injured at the scene of the accident is not the deciding factor. Many times people don't feel injuries until days later and sometime... View More

Whether a party will be successful in a lawsuit depends on the strength of the evidence ultimately admitted at trial.

Most of the time, the parties settle after exchanging information in discovery. That allows the parties and their attorneys to more accurately evaluate what evidence is... View More

The outcome of a case is never certain as it depends on the specific details. Also, injuries aren’t always obvious right away since symptoms can take days to appear due to surging adrenaline. Your auto insurance will provide you with defense counsel as long as you request one under a valid auto... View More

If a judgment was entered more than four years ago, the time to file a bill of review has passed. But if the other party got a judgment against you and hasn't done anything to try to collect it for the last ten years, they may simply have written it off as uncollectible.

I note that... View More

No, a third party collection agency cannot take your drivers' license in collecting a debt. The Texas DPS will suspend your drivers license if you are in a crash that is your fault, you don't have insurance, and the crash causes at least $1,000 damages. See... View More

A Texas attorney could advise best, but your question remains open for a week. Yes, based on your post, it sounds like you should be able to get compensation. From your description, the other vehicle appears to be fully at fault. One option is to reach out to Texas law firms. Attorneys who handle... View More

Typically, automobile insurance companies require every licensed driver in a household to be included or specifically excluded from the policy.

If your son was an excluded driver, then it is likely your automobile policy will cover nothing.

If your insurance company requires... View More

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry about your son's accident. I believe Texas is not a no-fault state (which would have made matters simple - no-fault states provide coverage regardless of fault). However, some states have minimum... View More

If the adjuster does not contact you, you will need to reach out on behalf of your daughter. Since minors cannot legally settle claims on their own, you, or an attorney working with you, would be the one to communicate with insurance adjusters, handle negotiations, and sign any settlement... View More

A Texas attorney could advise best, but your question remains open for a week. In virtually all jurisdictions, if it's clear that it's the correct person, the court could adjust the records and move forward, as in the case of someone using a different spelling of a name, a shortened name,... View More

It depends. If the airbag suddenly deployed because of a manufacturing defect, the manufacturer of the vehicle would likely be responsible. If the airbag suddenly deployed because of negligence in servicing the airbag, the mechanic servicing the airbag and his employer would likely be... View More