Claimed Lawyer ProfileQ&A
- Products Liability
- Vanderbilt University
- St. Mary's University School of Law
- State Bar of Texas # 24079221
Websites & Blogs
- Roberts & Roberts Law Firm
14 Questions Answered
- Q. I have full coverage insurance and had an accident only involving my car,my insurance said they are not liable
- A: In short, I would call a local personal injury lawyer to discuss this issue. It seems that you simply don't have anything for your insurance company to reimburse you for, given that you don't have any medical treatment or damage to your vehicle. As a more general matter, be careful to check your insurance policy to see what it covers. "Full coverage" isn't an actual insurance term. Overall, because of Texas law, most drivers purchase auto liability insurance, which pays to repair or replace the other driver's car and pays other people's medical expenses when you’re at fault in an accident. Importantly, liability insurance doesn't pay to repair or replace your car or to treat your injuries. Other types of coverages, including personal injury protection, uninsured or underinsured motorist, medical payments, collision, and comprehensive, can help you pay for these other expenses.
- Q. Do you have to participate in a deposition. Or can you just participate in mediation,car accident case
- A: The attorneys on here will need a bit more information to answer your question. If I read it correctly, you're wondering whether you can file a lawsuit stemming from a car accident, then bypass the deposition process so that the case can get resolved at mediation. Unfortunately, that's not common practice. Normally, both sides will want to vet the case through the discovery/deposition process prior to mediating the case, given that the discovery/deposition process helps everyone determine what the basic facts of the case are.
- Q. Can I fired my attorney from a 18 wheeler accident and he hasn't done anything for close to 3 yrs now
- A: It's very much worth contacting your attorney to sit down and discuss your case. Very often, your lawyer is doing a lot of background work that may not be evident (though a lawyer should generally keep his or her client informed throughout the process). This may be particularly true on an 18-wheeler case, where there is a lot of critical evidence that must be captured and evaluated. To answer your question, though, yes you can fire an attorney. I would be sure to review your contract with that attorney, though, to determine how this may affect your case (e.g., whether your attorney has an clauses regarding payment of the expenses it has already incurred).
- Q. I got bit by a dog in a city park. Can I sue the city for my injuries if I don't know who the dog's owner is?
- A: Without more facts, this is a difficult question to answer. In order to file a legitimate claim against the city, you would need to determine whether the city has liability (i.e., whether the city itself did anything wrong). Keep in mind that governmental entities, including cities, have extensive immunity from lawsuits in Texas.
- Q. Question about dealing with dishonest practices by a Austin based company, Megolamedia. Want to know if I have a case.
- A: Without more information (including seeing the agreement), it's difficult to determine whether or not you have a case. However, it generally sounds like you may need an attorney who can handle breach-of-contract cases, or potentially an attorney who can handle claims under the Deceptive Trade Practices Act.
- Q. My insurance company just informed me that they determined I'm partly at fault - I can still get compensated, right?
- A: Without knowing more about your situation, the appropriate answer is that "it depends." The key thing to know is that Texas has adopted a "proportionate responsibility" scheme. What that means is that your compensation can be reduced by the percentage of fault that is attributed to you. So, if you should be compensated $10,000, but were found to be 40% at fault, you would only be legally entitled to recover $6,000 of that amount. However, if your percentage of responsibility is greater than 50 percent, you may not recover any damages under Texas law.
- Q. Can the owners of the apartment complex be held liable for not securing their premises?
- A: While I cannot speak to your specific case without more information, I can tell you that tenants are entitled to expect that an apartment complex will be reasonably safe. A property manager has certain duties with regard to the safety of tenants on the premises, including providing adequate security. A property manager, however, is clearly not in a position to prevent all potential criminal acts. I would recommend privately consulting with an attorney so that you can determine some of the following key issues: what the property owner/manager's specific duty might have been; whether the property owner/manager failed to live up to that duty; and whether those failures directly caused the danger.
- 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
- A: You need to hire a lawyer immediately to answer these questions. Semi-truck accidents are particularly time-sensitive, given that companies will automatically destroy driver logs and other important evidence as part of their normal business cycle. This destruction may occur before you're able to send a letter requiring the company to preserve evidence. For a brief overview as to how truck accident cases differ from other motor vehicle accident cases, please visit this link: https://www.robertslawfirm.com/recalls-consumer-tips/qa-library/auto-accident-questions-videos/truck-wrecks-car-wrecks/
- Q. If I slipped and fell due to a puddle of water in a grocery store, can the store argue I was partially to blame because
- A: As always, the individual facts and circumstances of your case will affect the answer. However, Texas law generally recognizes the idea of comparative fault, meaning that your recovery can be reduced in proportion with your fault for the injury. If you are found to be 51% or more responsible for your injury, then you are generally barred from any recovery.
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