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Cases: Ambulance Collision

By | Cases, Catastrophic Injury | No Comments

In 2008 we represented a man who was broad-sided by an ambulance.  He suffered traumatic injuries.  As a result of the accident and the drivers inattention, our client is paralyzed from the neck down.  It was important to immediately begin an investigation into the accident.  We immediately began a thorough canvasing of the neighborhood in which the accident occurred and talked with numerous witnesses.  We interviewed the fire department, the police who came to the accident site as well as all other persons who were called to the scene.  Additionally, we filed our lawsuit and began an all-out blitz to obtain the dash-cam video that was on-board the ambulance at the time of the accident.  Vigilance was the key to…

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Who is At Fault in an Accident with a Borrowed Vehicle?

By | Personal Injury | No Comments

Q. If somebody is driving a vehicle that is in your name and gets in an accident without insurance, who is responsible – the driver or the owner of the vehicle? — Mike A. The answer to this question depends on two important facts: first, who was at fault? If the driver of the other vehicle was at fault, then their liability insurance should pay for any damage to your vehicle and for any injuries the driver of your vehicle sustained. However, if the person driving your vehicle was at fault, then they are responsible. Although, if they were driving the vehicle with your permission, your liability insurance policy may pay for the other driver’s damages under a “permissive use”…

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Is There a Statute of Limitations for a Work Related Injury?

By | Personal Injury | No Comments

Q. I got injured on 10/01/04 and was earning $900 a week driving a tractor trailer now I’m disabled because of the injury, and on Social Security getting $900 a month. This put me below the poverty level because I went from making $3600 a month to $900. I lost everything because of this. Can something be done? — Anonymous A. Unfortunately, in Texas there is a two year general statute of limitations on all tort claims, including personal injury claims. That means that unless there has been a lawsuit in file by the two year anniversary of your injury, any future law suit would be barred by law and you will not be able to pursue a claim. This…

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Copayment litigation

By | Cases, Class Action | No Comments

Missouri has a regulation which prohibits an HMO from charging a copayment greater than 50% for any single service.  Beginning in 2006 our law firm has filed suit against several HMO’s in the State of Missouri for violating this regulation.  Such litigation was extremely successful, reimbursing members of these HMO’s millions of dollars.  In 2007 Coventry Healthcare of Kansas, Inc. denied one of its members (Mary Casey) prescribed treatment by her doctor for her cancer.  We took on the battle of seeking a Court’s order mandating that Coventry pay for such treatment.  In the meantime, we found that Coventry had been violating the same copay regulation which also prohibits an HMO from charging both a copay and coinsurance for the…

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