Legal Question in Personal Injury in Texas

Legal Rights

My dad went tubing with his friends. A friend of his friends hit him from behind with a tube and knocked him down onto the curb and broke his hip. The guys insurance company has already accepted responsibility. My dad is 55 and has no money left to pay bills and can't go back to work. He needs to know his rights and how much money he should be entitled to. I believe he needs enough to buy a house and pay off all of his bills. Is this possible?


Asked on 6/19/07, 3:49 pm

4 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Legal Rights

Your dad needs a good lawyer and to be aware, insurance coompanies do not throw out money.....at 55..one should be able to work..maybe not manual labor but using one's head...and I tell you this as one 81...continues to help many injured workers..broken hips, amputated legs, etc..who go back to earning in some capacity...

Probably all your dad will get is the maximum of the homeowners policy..but before settling..besure they show you the policy...

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Answered on 6/19/07, 4:09 pm

Re: Legal Rights

If the person who hit your father has a homeowner's policy, then your dad may able to collect from that. the amount that he can collect depends on the damages caused to him and the amount of liability he has himself (if any.) Insurance companies are loathe to pay for someone 'who can't work' as it's difficult to prove how someone injuried in this matter can no longer work in any capacity.

DO NOT do this ase yourself. These cases are difficult to prosecute and easy to mess up. Get a personal injury lawyer who is familiar with these kinds of cases. Most attorneys will give you a free consultation and most will prosecute the case in exchange for a share of the recovery. I suggest you interview two or three attorneys to see who you think will do the best job.

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Answered on 6/19/07, 4:23 pm
Roger Merrill Merrill & Associates

Re: Legal Rights

You should have your dad contact me or another lawyer who is board certified in personal injury law. I would have to know the type of home, the amount of his bills, the extent of his injuries, and other information as well before I could attempt to answer your question.

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Answered on 6/19/07, 5:06 pm
Dan Street Street Law Firm

Re: Legal Rights

The typical homeowners policy in Texas has a liability limit of $250,000.00. However, this can vary widely. (The minimum required by law is only $25,000.00.) However, this does not mean that your father's case is automatically worth the policy limits. Also, getting "enough to buy a house and pay off all his bills" actually has nothing to do with the true value of his claim. Determining what his case is truly worth and then setting about getting this amount requires the skills of a competent and experienced personal injury attorney. I would be glad to help.

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Answered on 6/19/07, 5:36 pm


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