Legal Question in Personal Injury in Texas
Dog Bite
My dog got a loose from her collar on a school morning and accidently bit a little girl. There were no adults as witnesses, but a few kids. I received a letter from one of the attorneys in my area stating that any settlements must be made through their office. Then it states please provide this letterto your insurance company/attorney. My question is how do I treat this? I have 6 children and I just finished school (9 mths) and the only income I receive is child support and disability from my son. I told the plantiff when all of this happened that I would help with the medical bill, but I had just started working part-time and then I received this letter.
Thanks for your time,
A stressed out woman
P.S. When I received the letter, they had my name all wrong.
2 Answers from Attorneys
Re: Dog Bite
i can understand your concern but i do not think you should be unduly worried. first of all, if you have homeowners insurance, report the matter to them asap. they will handle any communication and negotiation that they deem appropriate. you are then removed from this matter at least until and unless a lawsuit happens to get filed against you. (even if a lawsuit is filed, you will turn this over to your homeowners insurer and they will defend you).
if you do not have homeowners insurance, i would advise the attorney for the child of this fact and this should end the matter. i have doubts that they will pursue this if you are indeed uninsured. if they do not drop this matter and you are uninsured, you are really not in a position to stop them from pursuing legal action. but, as you have described, it does not appear that you would be at risk that they could collect any judgment that they might be awarded. they cannot garnish wages in texas nor are your hard assets at risk. i hope this helps.
bill featherston
Re: Dog Bite
The attorney from whom you received the letter is seeking to file a claim on your homeowner's insurance policy. If you have such a policy, you should turn the letter over to your insurance company and they will handle it. You must report the claim promptly to your insurance company or you may be inadvertently providing your insurance company with a defense that will allow them to get out of paying. If you do not have homeowner's insurance, it is very unlikely the attorney will sue you personally. I would write a letter to the attorney and tell him/her that you have no insurance. If that is a true statement, that, in all likelihood, will close the case.