Daniel Estrada

Daniel Estrada's Response: Jamie F. , let me remind you of the true facts that actually occurred: 1. Your case was originally rejected by 2 other law firms because the Texas DPS report cited you at fault for speeding and driving on the wrong side of the highway. Your hospital records also showed that you were diagnosed with a health condition that could have been a cause of the collision. 2. The trucking company insurance co. DENIED your claim. 3. You came to my office seeking help with only weeks left before a lawsuit had to be filed. I agreed to take on this difficult case and immediately filed your lawsuit; 4. My office conducted extensive investigation and found 3 witnesses and I retained an accident reconstruction expert to establish a majority of the fault on the truck driver. I conducted extensive written discovery and taken several Depositions to persuade the insurance company that the facts could be in your favor -my firm advanced you thousands of dollars for expenses of court costs, depositions, investigation accident videographers and accident reconstruction experts; 5. I worked on your case for 3 years and during that time, I did not argue with you as you were insistent regarding your constant calls to legal funding companies that you had contacted on your own to obtain loans for living expenses. I had several calls to your family members hoping that you could accept their help. Your father had allowed you living accommodations which you later refused-alienating him and instead you decided to live as a homeless person and move from motel to motel and then to Oklahoma. I advised you that the funding companies would charge you high rates yet you continued to call these companies and incur a loan expense of approx. $65,000. 6. You also had the benefit of having shoulder surgeries from a well respected surgeon and of course, the surgery charges had to be paid from any potential settlement. The majority of your medical care expenses were paid by the government and I negotiated the Medicare lien discount. 7. I advanced the cost for Mediation and at the settlement conference, I persuaded the insurance lawyers to make you offers of settlement. During the mediation, you and I, along with the mediator, discussed several offers that were made. I discussed the various liens for loans, Medicare and other expenses that were incurred where you had received the benefits of the loans, advances and the surgeries. 8. I always informed you of each offer and the deductions for expenses, advances, medical bills and attorney fee--to provide you with a net recovery amount so that you could make a well-informed decision on the settlement. I NEVER ACCEPT A SETTLEMENT OFFER WITHOUT THE CONSENT OF MY CLIENT. I investigated and prepared your case so that I would be ready for a Jury Trial. The mediator and I also informed you about the risk at Trial of a jury hearing the facts such as the speed, and health condition along with the DPS officer's opinion that you were at fault--the risk could have been a Zero verdict for you. Instead, you made a sound decision to accept the settlement offer instead of taking the risk of recovering absolutely nothing. I commend you for making this decision as it was your decision and not mine to do so. I thought that you had appreciated my 3 years of work in avoiding a "no recovery" result as you had stated so to me after the settlement of your case. I was surprised to hear your negative review of my representation today. If you wish to contact me to discuss your feelings, I encourage that you give me a call. DAN ESTRADA