Legal Question in Personal Injury in Texas

My son was involved in an auto accident and unable to work since he hurt his lower back. His job did not accept him at work since he is a libility because of his injury. He needs to wait until is released by physical therapist. His employer adviced him to apply for unemployement which my son did and just recieved the first check. My question is if he is getting unemployement will my son still be able to tell the auto insurance to pay him for loss wages due to the injury? Due to his injury from auto accident he is past due with all his payments or should we hire an attorney? The other driver was intoxicated and hit my car from behind and he is still encarcerated.I was told will be encarcerated for 30 days and going to trial. Any suggestions??

Thank you


Asked on 9/01/10, 6:58 pm

5 Answers from Attorneys

David Leon David L. Leon, P.C.

Have your son speak with an attorney NOW. Most personal injury attorneys (myself included) will review your case with you at no cost. When you meet with a law office, make sure you speak with the attorney, personally. Ask if they've done DWI accidents before, ask who will be handling the case (an attorney, paralegal, etc.) Finally, do not sign anything with the insurance company until you've had it reviewed by a lawyer. A common tactic is for the insurance adjuster to dupe you into signing away rights by being "buddy buddy" with you.

I would also suggest you speak with a few lawyers to see which one you and your son like the best. Feel free to call me if you want to discuss.

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Answered on 9/06/10, 7:08 pm
Nile Copeland Copeland Law Group, PLLC

I would not wait to have you and him speak with attorneys. Most personal injury attorneys are not going to charge anything to discuss/review the case. If they do, ask if they want to take money now what will it be like later with them?

The insurance company is just a business, they are not trying to dupe you but merely trying to limit their out of pocket and hope you will settle without seeking the advice of counsel. Not that it is a bad thing, if you settle with an attorney some will be getting (depending on the contract) 1/3 of what you settle for. Find an attorney who is a straight shooter and has your interests at heart, not merely their bank account.

You mentioned the other driver was incarcerated, did he have insurance? Feel free to call me if you have any questions.

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Answered on 9/06/10, 7:35 pm
Parker Polan Briggle & Polan, PLLC

You shouldn't settle the case without speaking to an attorney. Your son is entitled to past and future lost wages, medical bills, pain and suffering, and disfigurement. Because the at-fault driver was charged with DWI, the insurance company really wants to settle this with your son even faster hoping that you don't hire a lawyer. I handle DWI Injury accident cases all over Texas and would be happy to discuss this with you and explain the claims process to you.

512-472-8318

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Answered on 9/06/10, 7:51 pm
Ken Gober (Austin TX) Lee, Gober & Reyna

As the other lawyers have suggested, y'all need a lawyer. As you have pointed out your son needs to make a FULL recovery (this includes lost wages and lost earning capacity). I am a lawyer at a two lawyer firm in Austin, we handle serious cases (especially DWI accidents) across the state of Texas. Call me 512-827-7548 (this number goes directly to my office and cell so you can reach me outside of normal business hours).

Good Luck!

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Answered on 9/07/10, 7:48 am
Jason Kipness Kipness Law Firm

The state benefits you receive will not prevent your son from recovering $ from the insurance company.

DO NOT HANDLE THIS DWI DRUNK DRIVER CLAIM WITHOUT A LAWYER

You or your son should not give a statement, give access to his medical information or sign any insurance company forms without speaking to a lawyer.

The insurance company is not your friend and is not concerned with your son's injuries and pain.

Their goal is to make $ by paying as little as possible on the claim. They will frustrate you by delaying payment, giving you a low offer, or denying the claim hoping you will get mad and go away.

I should know because I worked as a lawyer for insurance companies for 10 years.

Your may make a claim to recover: (1) medical bills; (2) lost wages; (3) compensation for pain, impairment, and disfigurement.

I would be more than talk with you about the accident.

I can be reached at (214) 800-3454 or [email protected].

We handle cases all over Texas, including Houston.

Please visit www.kiplawfirm.com for videos and free information about drunk driver car accidents and client reviews.

You can also send a confidential e-mail to my website at www.kiplawfirm.com.

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Answered on 9/07/10, 12:48 pm


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