Legal Question in Personal Injury in Texas

Motion to dismiss - texas

I have a lawsuit currently filed in Texas for personal injuries. My lawyer died and I am not currently represented by a lawyer. I have agreed on a settlement amount with the defendant for injuries sustained in their amusement park. In the motion to dismiss they are asking me to sign, they have a clause in it that states I am responsible for any medical or hospital liens. If this should occur, then my so called settlement will be very minimal. Do I have to have the lien clause pointing to me--isn't it the defendant's responsiblity to pay any liens? Is there a statue of limitations for liens? If so, how long?

Also, am I obligated to sign a Take Nothing Judgement?

Thank you for your time.

Asked on 12/14/07, 1:18 pm

2 Answers from Attorneys

David Leon David L. Leon, P.C.
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Re: Motion to dismiss - texas

I think you may be in over your head. Lien law is complex at best. I *strongly* recommend you hire someone quickly to at very least review your paperwork and advise you accordingly.

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12/14/07, 2:02 pm
Donald McLeaish McLeaish&Associates;, P.C.
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Re: Motion to dismiss - texas

You are fortunate to have an offer..and liens must be paid..they are your responsibility..the defense only has to pay what a Court orders.

All the attacks on lawyers lead people to believe insurance companies will pay without a court order..good luck..

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12/14/07, 2:20 pm

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