Legal Question in Personal Injury in Texas

Should I sue in Small Claims Court? The statute of limitations from my medical accident expires tomorrow (March 28).

I verbally agreed to accept $6,000 for medical claims and the other driver�s insurance company says the check is in the mail, along with a waiver. I asked that the waiver be faxed to me, but I haven�t received it, so I have nothing in writing. I will have to drive more than 3 hours to file suit in the other driver�s county, so I need to decide by lunchtime tomorrow (before the mail is delivered, perhaps with an 11th hour check from the insurance company).


Asked on 3/27/12, 7:47 pm

3 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Put something in writing to confirm offer and acceptance...mail to insurer..CRRR..which will be an enforceable contract..as it is hard to beleive NOTHING was in writing..good luck

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Answered on 3/28/12, 7:53 am
Roger Merrill Merrill & Associates

A verbal agreement is enforceable; but it can come down to a swearing match. Ask for a confirmatory email.

There may be medical liens (hospital, Medicaid/Medicare, ERISA) associated with your claim. If so, the insurance company will pay them directly. If you hire me, I may be able to get those paid at a reduced rate and share some of the savings with you. Please let me know if you have any interest. I could also take care of your concern about the limitations issue.

Roger Merrill

(713) 914-0830

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Answered on 3/25/13, 12:03 pm
Carl Weinkauf Carl Weinkauf & Associates

If you have medical bills totaling $6,000, you're accepting $6,000 in settlement of your claim, and it is clear that the wreck was the other person's fault, then you are leaving money on the table. This is especially true if you are still have symptoms that you relate to the motor vehicle collision. However, if you want to take the $6,000 and just get this behind you, then I would definitely get something in writing from the adjuster. Have the adjuster fax you a letter stating that the insurance company he represents has agreed to pay you $6,000 in settlement of your claims. If you do not trust the adjuster, then I would file a lawsuit. However, in small claims court, you may be limited to either $5,000 or $10,000 in damages, depending on the jurisdiction limits of your county. As such, I would file in County or District Court, so you are not handicapped by the low jurisdictional limits of the small claims court.

Carl Weinkauf

(214) 534-9325

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Answered on 3/25/13, 1:30 pm


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