Insurance Coverage and Insurance Defense
If you are looking for another cookie-cutter insurance defense firm that regularly conducts months of written discovery and depositions at your expense, and then strenuously recommends that you settle every case two weeks before trial, this is not the firm for your company. This firm's mission is to provide our valued clients with superior legal services at reasonable rates. As a former claims manager responsible for both claims and litigation, Milan understands and appreciates the need for claims personnel to manage their claims costs and litigation expenses in an economically responsible manner without sacrificing the quality of the defense. While this firm recognizes that an early evaluation of the merits of a lawsuit is important, and that an expeditious settlement can benefit all parties, some cases need to be tried before a jury. Put our firm's knowledge, training, and experience to work helping your company combat insurance fraud.
Milan G. Marinkovich & Associates, PLLC is conveniently located in The Woodlands, Texas and has extensive trial experience presenting cases to juries.
The firm is not geographically limited to any Texas county and has handled cases for individuals, insurers, and businesses in 32 venues including:
READ ABOUT our latest jury trial verdict in Harris County, Texas on FEBRUARY 20, 2019, where Milan obtained $300,000.00 against the defendant in a sexual assault case involving a 7-year old child.
The firm's experienced attorneys, are aggressive advocates who work to maximize their clients' results while minimizing their legal expenses. Don't be afraid to ask an attorney about their trial experience (specifically if their experience includes cases with facts similar to your case) and what results were obtained. Consistent trial results are an important metric.
Some cases can be favorably resolved before a trial is required.
APRIL 18, 2019
Court of Appeals for the First District of Texas on appeal
from 215th District Court, Harris County, Texas
Milan represented the Defendant/Appellee who was sued as a result of a rear-end collision which occurred on June 6, 2015. The Defendant/Appellee was served with the lawsuit after the two-year statute of limitations expired. Milan raised the affirmative defense of "statute of limitations" on behalf of his client. He argued that while the lawsuit was timely filed, the Plaintiff/Appellant did not serve his client until after the statute expired, and that the Plaintiff/Appellant could not prove "due diligence" in both the issuance of citation and the service of citation as a matter of law. Pursuant to Proulx v. Wells, 235 S.W.3d 213, 215 (Tex. 2007), Milan contended that a timely filed suit does not suspend the running of limitations unless the Plaintiff exercises due diligence in the issuance and service of citation, and specifically argued:
1. The statute of limitations expired on June 6, 2017;
2. The Defendant/Appellee was not served with the Original Petition until September 14, 2017 - 100 days after the expiration of the limitations period;
3. Plaintiff/Appellee first requested service of process on June 9, 2017, which was 10 days after filing the Original Petition and 3 days after the limitations expired.
The 215th District Court agreed with Milan's arguments and dismissed Plaintiff's/Appellant's lawsuit with prejudice based on the affirmative defense of Statute of Limitations and an appeal followed. The Court of Appeals for the First District of Texas (No. 01-18-00122-CV) overruled all 5 points of error raised by the Plaintiff/Appellant, affirmed the final order of the trial court, and ordered the Plaintiff/Appellant to pay all appellate costs.
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