The Kipness Law Firm, P.C

Archive for May, 2010

Dallas, Texas Auto Insurance Policy Limits Wrongful Death Car Accident Settlement

Friday, May 21st, 2010

We are pleased to announce the settlement of case involving the wrongful death of our client, who was killed in a car accident in Grand Prairie, Texas.   We were able to obtain auto insurance policy limits from the other driver and all of the underinsured (UIM) policy limits from our client’s auto insurance policy.  The total amount of the settlement was $125,000.00.

The cause of this accident was a truck driving over the speed limit, which resulted in the tragic death of our client.  Our client was a veteran and was three years away from retirement when he was killed by this reckless truck driver.  We represented his estate and his widow.

This is our first involvement in a Dallas area wrongful death car accident case, where the other driver was referred to the Dallas County grand jury for possible criminal charges.  The investigating police officer made this recommendation after his accident investigation revealed the truck driver was going 65 m.p.h. in a 40 m.p.h. zone.

This case is a good illustration why all drivers should carry the maximum amount of underinsured (UIM) and uninsured (UM) coverage on their auto policy.  This coverage is relatively cheap and provides protection to a driver in the event they are involved in an accident with a driver that has no auto insurance or only carries the minimum amount of insurance, which is $25,000.00.

Has our client not UIM coverage, the compensation for this auto accident wrongful death would be only $25,000.00.

When is the deadline to file a Dallas, Texas Personal Injury Case

Wednesday, May 19th, 2010

There are certain time limits to bring a personal injury case in Dallas, Texas.   In law, these time limits or deadlines are known as “statute of limitations.”   There are dozens of laws in Texas that identify when a personal injury case must be filed with the court.  Due to the complex nature of these laws, it is recommended that a person immediately speak with a Dallas, Texas personal injury lawyer.

Generally, a personal injury case that occurs in the Dallas-Fort Worth area or anywhere in the State of Texas must be filed with the court within two (2) years from the date of the event that caused the injury.   However, there are numerous exceptions to this rule.

For example, there is a legal concept known as the “discovery rule.”  The discovery rule, depending on the type of case, may extend the deadline beyond two years.  There must be evidence that the injury was inherently undiscoverable and injury must be able to be verified in an objection fashion.  A court will decide if the “discovery rule” applies to a personal injury claim brought after the 2 year time limit.

For personal injury cases causing a death, the 2 year time limit is based on the date of death.  

Injuries to adults injured in car accidents, truck accidents, motorcycle accidents, drunk driver accidents, dangerous premises, work injuries, construction accidents, oil and gas rig accidents generally begin two years from the date of injury.

In Dallas and throughout Texas, injuries to minors must be brought within 2 years from the minor reaching the age of 18.  

Once of the most confusing statute of limitations involve medical malpractice claims.  Numerous factors can determine the deadline to bring a medical malpractice case, including:  age of the patient, whether the alleged malpractice was a single event or arose from a continuing course of treatment, whether the patient died, when a hospitalization ended, or the date the treatment of a medical condition was finished.

The longer you wait to file a case, the more you risk your case being dismissed by a court for not being timely filed.  Do not wait.  If you think you have a personal injury case, you should immediately contact a Dallas, Texas personal injury lawyer.

Worker Electrocuted To Death At Fort Worth Parking Garage

Wednesday, May 12th, 2010

According to the Fort Worth Star Telegram, a 30 year old worker was electrocuted to death when changing light bulbs in a downtown Fort Worth parking garage, known as the Plaza Garage.

The man was employed by a subcontractor doing work for the City of Fort Worth.  Attempts to rescuiate were not successful and the man died at the accident scene.

The medical examiner and Tarrant Co. Sheriff’s Dept. are investigating the cause of the death.

Our thoughts and prayers go out to the family of this deceased worker.

Landscape Worker Killed by Car Accident in Grand Prairie, Texas

Wednesday, May 12th, 2010

According to the Fort Worth Star Telegram, a landscape worker was killed by a 2000 Honda Accord driven by Kendel Snipes.  The injured worker, Franciso Lara, was taken to Parkland Memorial Hospital via helicopter ambulance where he died.

Mr. Lara was an employee of Methany Commerical Lawn Maintenance and was removing debris with a leaf blower.

The accident happened on the 3100 block of England Pkwy.  The accident is under investigation by the Grand Prairie police department.  Our thoughts and prayers go out to the Lara family.

Dallas, Texas Traffic Tickets & Ticket Warrants 101

Tuesday, May 11th, 2010

Why hire an attorney for my traffic ticket?

A traffic ticket attorney can keep tickets off your driving record or reduce the amount of money owed on a ticket. By keeping tickets off your driving record, your auto insurance premiums will not increase, your driver’s license will not be suspended and the Texas DPS will not charge you fees/penalties to renew and keep your driver’s license.

2

What if I missed my court date can a traffic ticket attorney still help me?

Possibly. Depending on the type of warrant issue, a traffic ticket attorney may be able to file a bond to lift the warrant, get a court date, and keep the ticket off your record.

3

What if I forget about a ticket I received months or years ago?

Depending on the type of warrant issued, a traffic ticket attorney may be able to file a bond to lift the warrant, get a court date, and keep the ticket off your record.

4

Can a traffic ticket attorney guarantee my ticket will be dismissed and will I have to go to Court?

No. Each is case is different. Some courts require you be present in the Court. Some courts allow attorneys to handle the ticket for you.

5

Why can I not renew my driver’s liscense or why has it been suspended?

A driver’s license can be suspended or be denied a renewal for ignoring tickets or getting too many tickets or failing to pay surcharges or failing to make appearances in court. If you are unsure if you have surcharges, call (214) 861-2125.

6

Can I be put in jail for a ticket?

Possibly. Punishment for traffic ticket is a Class C misdemeanor, which cannot involve incarceration as punishment. Only monetary fines up to $500 per violation can used as punishment. However, if warrants are issued for your arrest for missing court dates, you may be placed in jail.

7

If I lost my ticket, can a traffic ticket attorney help me?

Yes. You can also call (800) 686-0570 to find out about the location of old tickets. You will need your date of birth and driver’s license number to get the information.

8

What is deferred adjudication?

Deferred adjudication is a type of probation that may be given by a traffic court. Typically, you are required to pay some money and agree not to get another ticket for a certain time period, which cannot be more than 180 days.

How Much Is My Personal Injury Case Worth?

Tuesday, May 11th, 2010
 
There is no precise method to determine how much a personal injury case is worth.   Each case is different but some factors can be used to assess a potential value of a personal injury case.   Some common factors are:
 
  1. Does the wrongdoer or negligent party accept responsiblity for the accident and your injuries?
  2. What type of injuries did you sustain?  Are the injuries permanent?  Is surgery needed? 
  3. Did you have medical problems in the same part of your body before the accident?  Are there pre-existing medical conditions?
  4. Did you miss time from work?  Can you return to work?  Do you need training to return to work?
  5. Will you need future medical care for your injuries?
  6. Will expert witnesses be needed to discuss your injuries, need for future medical care or explain why you need training to return to work or why you cannot return to work?
  7. Will you make a credible witness?  Are you exaggerating your injuries?  Do you have criminal convictions?  Have you filed numerous personal injury claims?
  8. Will the jury believe your side of the story?
  9. Is there insurance coverage available to compensate you for your claim and if not, does the other party have money available to compensate you?

 

If you have any questions about a Dallas, Texas personal injury case, please contact our firm at (214) 800-3454 or send confidential e-mail at www.kiplawfirm.com 

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