Legal Question in Personal Injury in Texas

You need to hire a personal injury attorney immediately. You should not be dealing with the insurance company yourself. If you filed suit, the school and the driver would both have to be parties to the suit. I would be glad to speak with you about this. 512-472-8318

I agree. This is too serious of a case to be dealing with the insurance carrier yourself. Most likely, there is a special legal relationship between the driver and the school. This would require any settlement to include both parties. In addition, there may be deadlines you have to meet early on if a public school is involved, otherwise you may lose a right to even file a lawsuit. It appears you are in the area where our office is located. I would be glad to speak with you about the situation and answer whatever questions you have in more detail. Please call me at (713) 681-1300.

I am sorry to hear of your loss.

Was this a public or private school? Public schools have limited liability for damages and there are important procedural requirements that need to be followed when making a claim. Sometimes schools contract with private companies for their transportation needs. If that is the case, then the insurance company you are dealing with may not be the school's. By law, these companies are supposed to have certain policy limits and I've seen where they have only the minimum required by law.

Private car insurance will not pay for its insured's accident caused while the insured is driving a company vehicle while on the job. Most people do not have the ability to pay for damages if they cause an accident. So, the chances of the driver having any wealth to pay for your son's death are slim. Nonetheless, this possibility should be examined closely before making a decision on whether or not to go after the driver in his/her individual capacity.

You need to consult with a board certified personal injury lawyer to make sure you are not entering into a bad deal. Please let me know if I can help. I handle cases throughout Texas.

First, I am so sorry to hear of your loss. Second: DON'T DO THIS YOURSELF. Speak with a lawyer NOW. I also recommend you speak with at least two or three about this case, as there are several issues involving probate law as well as the personal injury. All of the lawyers on this exchange offer free initial consults, myself included. Take every one of us up on it and talk about your case. Pick the one that you feel "clicks" with you the best.