Legal Question in Personal Injury in Texas

Automobile Accident Injury

My family member (my wife) was injured in a hit and run driver of 14 wheel trailer truck. This is minor knee strain injury that resurated previous knee artthitis. My wife underwent treatment and physical therapy after the accident. The comapny that owns the 18 wheels trailer truck was located. The comapany agreed to fix the vehicle damages. Now they are resisiting from paying for the treatment charges ($1350) as well as any minor personal injury damages. The driver of the trailer has not been produced by the company up till now. As this may not result in large sum settlement if we involve an athorney:

1. Does a preious treated injury or illness prevent other party from being responsible from the automobile accident injury?

2. Some attorney that we talked to feel that this is not a large sum setllement that may warrant taking up thier time, can we sue in small claims court as Husband and Wife together for damages even though it was my wife who was involved. and injured?


Asked on 6/23/08, 4:06 pm

1 Answer from Attorneys
Roger Merrill Merrill & Associates

Re: Automobile Accident Injury

A previous injury often clouds the issue, but does not necessarily prevent recovery.

I do not advise you taking this case to small claims court due to the complexities involved. You need a board certified attorney. We handle clients throughout the state of Texas. Please let us know if we can help you.

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Answered on 6/23/08, 5:57 pm


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