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On August 5, 2018, I worked for an employer In Oak Cliff, Texas that did not carry workers compensation insurance or also called a nonsubscriber. Now I learned that I signed an agreement that stated that I must arbitrate my claim against my former employer. What are my rights?

The law in Texas states that an employer is not required to carry workers compensation insurance except for very limited exceptions. It is very important that you seek the advice of an attorney as soon as possible to determine whether or not your lawsuit should stay in state District Court or be removed to an arbitration. There are advantages and disadvantages to try her case state District Court and arbitration. Below please find attached a final argument I made to an arbitrator regarding a serious injury involving elbow injuries that developed to complex regional pain syndrome. Please call my office for free consultation.

Re: injured employee v. employer

A lawsuit is the first step a party makes to take the case to court. Below is a copy of a lawsuit petition that is filed in a motor vehicle accident case and filed with the district court usually in the county where the accident happened.

Do not be intimidated by the legal process. This drives home the point that it is important to hire an attorney specialized in litigation in order to pursue your motor vehicle accident or other personal injury related case.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

On the Way to School

Proceed with caution question !!!

Question: “I was involved in motor vehicle accident on February 1, 2018, while driving my vehicle on Jefferson Blvd. in Oak Cliff, Dallas Texas. I was making a left turn with the protected arrow when the other driver ran a red light and T-boned the passenger side of my vehicle. I was transported to ambulance to Parkland Hospital with serious injuries.

ANNOUNCEMENT:

On January 25, 2018, the Texas Bar College Welcomes their New Member!

AUSTIN – The Texas Bar College congratulates Eric Reyes on his membership in the College.

Question: I was involved in a motor vehicle accident on Hemphill and Magnolia in Fort Worth,  Texas on September 5, 2016. The other driver ran a red light but the officer found me at fault for the accident.  I got the ticket! I have an eyewitness to the accident but the officer did not talk to him before he left the scene of the collision. What can I do?

Answer: Insurance companies investigate motor vehicle accident claims every day and determine whether their insured (in this case , the driver who ran the red light) is at fault for the accident. Their investigation includes talking to the parties involved in the accident, acquiring a copy of the police report, interviewing witnesses who saw the accident, and examining the scene of the accident as well as the property damage to the cars.

Insurance companies do rely upon the police report to help them make a decision whether to accept liability regarding a motor vehicle accident or deny the claim.   However insurance companies are not controlled by the police report and what the officer’s opinion is regarding who caused the accident.  I’ve seen many cases where insurance an company will ignore the police report if it contradicts what their own insured said regarding how the accident happened. Most good insurance adjusters will look at all the evidence to make a decision on whether to accept liability on behalf of the client.  But not always.  Most experienced adjusters know that an officer’s  opinion is not admissible in evidence if they did not witness the accident. Most police officers are not accident reconstructionist  and they are not qualified to give an expert opinion regarding who is at fault for accident without special training and experience.