Legal Question in Personal Injury in Texas

Convoluted vehicle accident case near Houston, TX. Limousine driver in his personal vehicle rear ended my husband in 2011. Spouse had severe concussion and confusion; ended up dying from drug toxicity 2 weeks after accident, had minimum medical bills, 3k. County did autopsy, and I also paid for private autopsy. Accidental death policy deemed he died as a result of accident, and paid benefits 11 mos after death. Accident Court case charges were dismissed against man who hit my husband. Driver's policy wants to pay me 10k. The Hammer had 3 separate atty's look at case, and no one wants to take it. I feel my husband's life is worth more than that. I lost almost 1 million in the ten years he would have continued to work. At the accident, the driver fully admitted accident was his fault. He was getting his van ready for his daughter to drive to college and he wasn't paying attention. Coroner refused to change DC, and only lists drug tox. as COD. Refuses to list accident as contributing factor. I feel I should be able to get at least half my spouse's income as a settlement, and possibly personally sue the driver.


Asked on 4/22/12, 9:36 am

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

The Hammer is Jim Adler? there must be something missing....u could email accident report...but I gather no doctor would testify the accident caused the death...hence no case..

Read more
Answered on 4/22/12, 10:54 am
Keith Engelke Law Office of S. Keith Engelke

If drug toxicity was the cause of death, this looks like a medical malpractice claim, which requires a doctors report. Also if your husband was only treated in the ER, you would have to show that the doctor who was negligent was "willful and wanton" which is difficult to prove.

If you sue the driver, his attorney is likely to argue that all or a portion of the damages were the result of a third party's negligence which could reduce his portion of the damages substantially.

Insurance companies tend to start out at the bottom so I'd agree that you are probably entitled to more than $10K.

Read more
Answered on 4/22/12, 11:39 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Texas