For minors the Texas Statute of Limitations expires two years after their 18th birthday (or 20th birthday), as long as the negligent act happened before their 18th birthday. This date is referred to as the “maintain date”. A release of liability for economic damages (or Specials) may be obtained and signed by the parent or […]

Strengths of a claim are considered to be all factors that if presented to a jury would be in favor of the named insured. The following would be considered strengths: Claimant did not go to ER after accident; Delay or gaps in treatment or no follow-up after initial visit for treatment; Little to no money […]

When settling a claim with a claimant with an outstanding Office of Attorney General (OAG) lien for back child support, must contact the Texas Child Support Division to obtain prior to issuing payment to claimant: the updated arrears amount, and instructions on disbursing the settlement. Nothing can be paid to the claimant without first getting […]

Facts: CD – 69 y/o male, 5’8′, 235 lbs, smoker, self-employed / painter Mission Baptist Hospital (6/5/14) one visit to ER on DOL; no records provided; none requested due to visit was on DOL; CONSIDERATIONS: CT and x-ray charges on DOL seen as precautionary, reasonable and necessary, therefore, 100% of $7992.35 bill considered despite not […]

Texas Civil Practice & Remedies Code 41.0105 sets the legal framework for paid vs. incurred recovery of medical expenses and provides: Recovery of medical or health care expenses incurred is limited to the actually paid or incurred by or on behalf of the claimant.Meaning a claimant can only recover amounts actually paid to the health […]

Injured Participant (Claimant 1) Injury Description Minor face cuts, airbag burns on L forehead/cheek/ear. Bruises from SB-hip/shoulder. Causation / Pre-Exlstlng Condition V1 backing out of driveway collided w/ V2 at 45-50 mph causing significant impact. MOI not in question. Pre-existing: levoconvex scoliosis of the lumbar spine as part of the S-shaped thoracolumbar, scoliosis, moderate scollosis […]

Insurance companies have lobbied to insure no federal agency oversees the insurance industry; currently this authority lies at the state level only. There rest an obligation of implied good faith with every contract, including insurance contracts. When it comes to the issue of bad faith claims, one must answer the question, has the insurance company […]

Texas is a tort state, which means that someone will be found liable for every accident, as well as the resulting injuries or damages. For liability insurance to comply with the Texas law, your policy must have the following minimum limits: –$30,000 for each injured person. –$60,000 for injuries per incident. –$25,000 for property damage. […]

Your auto policy may include 6 coverages (continued): Collision -This coverage pays for damage to your car resulting from a collision with another car, object or as a result of flipping over. It also covers damage caused by potholes. Even if you are at fault for the accident, your collision coverage will reimburse you for the […]

Your auto policy may include 6 coverages: Bodily Injury Liability-This coverage applies to injuries that you, the designated driver or policyholder, cause to someone else. Policyholder and family members listed on the policy are also covered when driving someone else’s car with their permission. If you are involved in a serious accident, you may be […]