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> QUESTIONS & ANSWERS TOPICS: AUTO ACCIDENTS MEDICAL TREATMENT PROPERTY DAMAGE BANKRUPTCY BUSINESS LAW CONSUMER LAW CRIMINAL FAMILY (DIVORCE, CHILD SUPPORT MODIFICATIONS, ADOPTION) PROBATE IMMIGRATION REAL ESTATE AUTO ACCIDENTS Q: WHEN SHOULD I CONTACT AN ATTORNEY A: FIRST, SEEK MEDICAL TREATMENT. SECOND, CONTACT AN ATTORNEY FAMILIAR WITH PROPERTY DAMAGE, INSURANCE AND PERSONAL INJURY. FAILURE TO IMMEDIATELY CONTACT AN ATTORNEY MAY AFFECT YOUR CLAIM. Q: WHAT IF THE AT FAULT DRIVER’S INSURANCE COMPANY CONTACTS ME, WANTS TO TAKE A RECORDED STATEMENT OR MAKES AN OFFER? A: DO NOT COMMUNICATE WITH THE AT FAULT DRIVER’S INSURANCE COMPANY REGARDING A RECORDED STATEMENT OR AN OFFER. OFTEN, THEY ARE LOOKING FOR A REASON TO DENY YOUR CLAIM, REDUCE YOUR CLAIM OR MAKE OFFERS THAT ARE NOT CLEAR AS TO WHAT IT COVERS WHICH MAY LEAVE YOU RESPONSIBLE FOR MEDICAL BILLS AND EXPENSES. [BACK TO TOP] MEDICAL TREATMENT Q: IF I HAVE HEALTH INSURANCE, DO I NEED TO BE CONCERNED ABOUT MEDICAL BILLS? A: YES, YOUR HEALTH INSURANCE REQUIRES REIMBURSEMENT WHEN THERE IS THIRD PART AT FAULT. SOME HEALTH INSURANCE MAY DENY COVERAGE. OTHER HEALTH INSURANCE WILL PAY UP FRONT AND SEND A BILL LATER WHICH MAY NOT EVEN SHOW UP UNTIL MANY MONTHS LATER. AN ATTORNEY WILL ENSURE ALL MEDICAL BILLS ARE PAID OUT OF SETTLEMENT. Q: WHAT HAPPENS IF I DON’T HAVE HEALTH INSURANCE OR MONEY TO PAY A DOCTOR? A: UNDER TEXAS LAW, YOU ARE REQUIRED TO CARRY PERSONAL INJURY PROTECTION WHICH PROVIDES FOR A MINIMUM OF $2,500 FOR MEDICAL BILLS, LOST WAGES AND EXPENSES AND POSSIBLY MORE DEPENDING ON YOUR COVERAGE. YOU HAVE THIS COVERAGE UNLESS YOU REJECT IT IN WRITING. OTHERWISE, AN ATTORNEY MAY HELP YOU SET UP PAYMENT ARRANGEMENTS DEPENDING ON YOUR CASE IN ORDER FOR YOU TO RECEIVE THE MEDICAL TREATMENT YOU NEED. Q: WHAT SHOULD I KNOW ABOUT MY PERSONAL INJURY PROTECTION (PIP) COVERAGE? A: PIP MAY HELP YOU PAY INTERIM MEDICAL BILLS, LOST WAGES AND OTHER EXPENSES UNTIL SETTLEMENT IS RECEIVED FROM THE AT FAULT PARTY. TO ESTABLISH A CLAIM, YOU MUST CONTACT YOUR INSURANCE COMPANY AND REQUEST AN APPLICATION AND MAY BE REQUIRED TO MAKE A RECORDED STATEMENT (YOU MAY PROVIDE A STATEMENT TO YOUR INSURANCE ONLY OR MAY REQUEST AN ATTORNEY BE PRESENT) YOU MAY ADD PIP COVERAGE AT ANY TIME. PIP IS VERY BENEFICIAL COVERAGE WHETHER OR NOT YOU HAVE HEALTH INSURANCE. Q: HOW MUCH IS MY CLAIM WORTH? A: EACH CASE IS DIFFERENT, DIFFERENT FACTS INCLUDING LIABILITY ISSUES, AMOUNT OF IMPACT, AMOUNT OF PROPERTY DAMAGE, AMOUNT OF MEDICAL BILLS, AGE AND HEALTH OF PARTIES, PRIOR HISTORY OF INJURIES OR DOCUMENTED INJURY RELATED CLAIMS, AND THE AVAILABLE INSURANCE WILL AFFECT YOUR CLAIM. NO CASE IS SIMILAR OR COMPARABLE TO ANOTHER CASE. [BACK TO TOP] PROPERTY DAMAGE Q: HOW SOON CAN I GET MY CAR FIXED? A: UNDER TEXAS LAW, YOU MAY TAKE YOUR VEHICLE TO ANY COLLISION REPAIR CENTER OF YOUR CHOICE. Q: WHAT SHOULD I DO TO ESTABLISH MY CLAIM? A: YOU MAY EITHER FILE A CLAIM WITH THE AT FAULT DRIVER’S INSURANCE (REMEMBER ONLY SPEAK ABOUT PROPERTY DAMAGE AND NOT PERSONAL INJURIES) OR YOU MAY FILE A CLAIM WITH YOUR INSURANCE IF YOU HAVE APPROPRIATE COVERAGE (CONTACT YOUR AGENT TO MAKE THIS DETERMINATION). Q: WHAT WILL THE INSURANCE WANT TO KNOW? A: YOU WILL NEED TO KNOW THE AT FAULT DRIVER’S NAME, DATE OF COLLISION AND LOCATION. DO NOT GIVE YOUR OPINION AS TO THE LIABILITY OR AMOUNT OF DAMAGE ON YOUR VEHICLE. AN INSURANCE ADJUSTER AND/OR THE COLLISION CENTER WILL MAKE THIS DETERMINATION. (REMEMBER ONLY SPEAK ABOUT PROPERTY DAMAGE AND NOT PERSONAL INJURIES) Q: CAN I GET A RENTAL VEHICLE? A: YES, BY LAW YOU ARE ENTITLED TO A RENTAL VEHICLE WHILE YOUR VEHICLE IS BEING REPAIRED. IF YOUR VEHICLE IS DECLARED A TOTAL LOSS, YOUR RENTAL PRIVILEGES END. Q: CAN I DISPUTE THE AMOUNT OF OFFER IF MY CAR IS A TOTAL LOSS? A: YES, YOU DON’T HAVE TO ACCEPT THE FIRST OFFER. YOU CAN INCREASE THE AMOUNT BY RESEARCHING THE BLUE BOOK VALUE AND NOTING ANYTHING THAT MAY ADD VALUE SUCH AS NEW TIRES, SPOILER, SUNROOF OR CD PLAYER. MAKE SURE ALL ITEMS OF VALUE WERE INCLUDED IN THE EVALUATION. [BACK TO TOP] BANKRUPTCY Q: HOW LONG WILL A BANKRUPTCY CASE REMAIN ON MY RECORD. A: 7-10 YEARS DEPENDING ON THE CREDITOR. Q: WILL THE BANKRUPTCY COURT TAKE AWAY MY HOME OR CAR? A: UNDER MOST SITUATIONS, YOUR HOMESTEAD AND A VEHICLE FOR EACH SPOUSE IS PROTECTED UNDER BANKRUPTCY LAW ALONG WITH MANY OTHER EXEMPTIONS FOR OTHER ITEMS OF VALUE SUCH AS JEWELRY, LIVESTOCK AND EQUIPMENT. Q: WHAT IF MY HOUSE AND/OR CAR IS THREATENED WITH FORECLOSURE OR REPOSESSION? A: CONTACT THE ATTORNEY IMMEDIATELY AS YOU MAY PREVENT THE FORECLOSURE AND/OR REPOSESSION IF ACTION IS TAKEN RIGHT AWAY. [BACK TO TOP] BUSINESS LAW Q: ARE THERE BENEFITS TO FORMING A CORPORATION? A: YES, EACH TYPE OF CORPORATION HAS DIFFERENT BENEFITS AND PROVIDE SOME PROTECTION OF LEGAL LIABILITY. Q: HOW SHOULD I DECIDE WHETHER INCORPORATION IS RIGHT FOR MY BUSINESS? A: ALL TYPES OF INCORPORATION PROVIDES SOME TYPE OF LEGAL LIABILITY PROTECTION, SPEAK TO YOUR ACCOUNTANT TO ADDRESS TAX DIFFERENCES AMON THE TYPES OF CORPORATIONS BEFORE YOU MAKE YOUR ELECTION. Q: DO YOU OFFER BUSINESS ADVICE ON AN AS NEEDED BASIS? A: YES, YOU MAY EITHER PLACE A RETAINER TO PROVIDE LEGAL SERVICES AS NEEDED OR YOU MAY CONTACT ME AS AN ISSUE ARISES. ALL INITIAL CONSULTATIONS ARE FREE IN ORDER TO EVALUATE THE SITUATION AND POTENTIAL EXPENSE OF THE ISSUE. [BACK TO TOP] CONSUMER LAW Q: A BUSINESS THAT PROVIDED BY WITH GOODS OR SERVICES IS NOT HONORING ITS CONTRACT, WARRANTY OR OTHER TERMS, WHAT SHOULD I DO? A: YOU MAY [BACK TO TOP] CRIMINAL Q: I NEED AN ATTORNEY BUT I CANNOT AFFORD THE FEE, HOW DO I GET LEGAL HELP? A: UNDER TEXAS CRIMINAL LAW, YOU HAVE A RIGHT TO A COURT APPOINTED ATTORNEY AND MAY REQUEST ONE BY COMPLETING AN APPLICATION WITH THE APPLICABLE COURT? YOU MAY REQUEST A SPECIFIC ATTORNEY OR ONE WITH SPECIAL SKILLS SUCH AS A BILINGUAL ATTORNEY AND THE COURT WILL TAKE THIS REQUEST IN CONSIDERATION. [BACK TO TOP] FAMILY (DIVORCE, CHILD SUPPORT MODIFICATIONS, ADOPTION) Q: HOW LONG DOES IT TAKE TO GET DIVORCED? A: 90 DAYS. TEXAS REQUIRES A SIXTY (60 DAY) WAITING PERIOD AFTER THE INITIAL PETITION FOR DIVORCE. PROCESS OF SERVICE MAY TAKE UP TO TEN (10) DAYS AND THE RESPONDENT HAS TWENTY(20) DAYS TO ANSWER THE ORIGINAL PETITION FOR DIVORCE. Q: HOW LONG AFTER A DIVORCE MAY I REMARRY? A: UNDER TEXAS LAW, YOU MUST WAIT THIRTY (30) DAYS AFTER THE DIVORCE IS FINAL BEFORE GETTING MARRIED. PERSONAL INJURY (SEE AUTO ACCIDENTS) (SLIP & FALLS, ANIMALS BITES, MEDICAL MALPRACTICE CLAIMS ALSO ACCEPTED) [BACK TO TOP] PROBATE IMMIGRATION REAL ESTATE [BACK TO TOP] © 2008 San Miguel Law Office, PLLC. All rights reserved. | Disclaimer | Privacy Statement | ATTORNEY ADVERTISING |
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