Knickerbocker, TX Personal Injury Law Firms & Lawyers

You ask two different questions, which I will answer separately. First, as to the value of your case, there is no "formula" to determine the value of a case. Each case is different and dependent on its own facts. A person is entitled to be "made whole," that is, compensated for all injuries and damages sustained in an accident. There are a number of different factors that determine how much money you may be entitled to, including, but not limited to: whether your injury is permanent; how the injury affected you while you recovering and whether it will affect you in the future; medical expenses; lost wages; pain and suffering; and inconvenience. If an injury is permanent, you are entitled to money, if applicable, for some or all of these items in the future as well. You calculate money for future items based on either estimates, such as the cost of any medical treatment in the future, and your life expectancy. You do not provide any information regarding your injuries and other damages so I cannot answer your question about what your case might be worth. The fact that the "guy at fault has the maximum coverage" does not have any effect on the value of your case. It only goes to whether he has enough insurance coverage to fully compensate you. Second, it is possible that both the drunk driver's and your driver's car insurance companies may both have to pay you. You likely can collect at least some money from the drunk driver's insurance company. Whether you can collect from your driver's insurance company depends on information you do not provide, such as: why was the vehicle pulled over off the roadway; how far off the roadway was the vehicle; were the lights or flashers on or off; and did the accident occur during the day or night. If the accident occurred at night, your driver did not have his or her lights or flashers on and did not pull completely off the roadway, then your driver might also be partially at fault. If only the drunk driver is at-fault, then you would collect all money for his or her insurance company, assuming there is enough insurance coverage to fully compensate you. If both driver's were partially at fault, then you could collect from both insurance companies. I would suggest contacting a personal injury attorney to discuss your case. Most offer a free initial consultation and you can get more information about the value of your case and the fault of the driver's involved.

Check to see if the other driver had insurance coverage at the time of the accident. If so, file a claim with his insurance company. Also, consult with a plaintiff's accident or personal injury attorney for specific legal advice and direction.

If the defendant is a Doe, you should have completed service by publication. Did you do that? *CODE OF CIVIL PROCEDURE * *SECTION 583.210-583.250 * 583.210. (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed. (b) Proof of service of the summons shall be filed within 60 days after the time the summons and complaint must be served upon a defendant. 583.220. The time within which service must be made pursuant to this article does not apply if the defendant enters into a stipulation in writing or does another act that constitutes a general appearance in the action. For the purpose of this section none of the following constitutes a general appearance in the action: (a) A stipulation pursuant to Section 583.230 extending the time within which service must be made. (b) A motion to dismiss made pursuant to this chapter, whether joined with a motion to quash service or a motion to set aside a default judgment, or otherwise. (c) An extension of time to plead after a motion to dismiss made pursuant to this chapter. 583.230. The parties may extend the time within which service must be made pursuant to this article by the following means: (a) By written stipulation. The stipulation need not be filed but, if it is not filed, the stipulation shall be brought to the attention of the court if relevant to a motion for dismissal. (b) By oral agreement made in open court, if entered in the minutes of the court or a transcript is made. 583.240. In computing the time within which service must be made pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The defendant was not amenable to the process of the court. (b) The prosecution of the action or proceedings in the action was stayed and the stay affected service. (c) The validity of service was the subject of litigation by the parties. (d) Service, for any other reason, was impossible, impracticable, or futile due to causes beyond the plaintiff's control. Failure to discover relevant facts or evidence is not a cause beyond the plaintiff's control for the purpose of this subdivision. 583.250. (a) If service is not made in an action within the time prescribed in this article: (1) The action shall not be further prosecuted and no further proceedings shall be held in the action. (2) The action shall be dismissed by the court on its own motion or on motion of any person interested in the action, whether named as a party or not, after notice to the parties. (b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute.