Thanks for your question. I have some difficulty understanding precisely what you are asking. So with that having been said I will answer as best I can. It looks as if neither doctor said you are at MMI? If that is correct then you will stay on TIBs until you reach MMI as certified by qualified... View More

Thanks for your question. If you simply use your own medical provider for the FCE, you may have to pay for it yourself. You are correct that the IC is preparing to send you off to MMI land. They are in the business of collecting premiums, not paying claims so I would not be trusting everything from... View More

First, thanks for your question. The answer I must say, it depends. (I hate that answer but I will explain). If your case is being disputed, b/c the carrier is claiming surgery is not necessary b/c it's not related to a "compensable injury" it could be a while. Maybe 6 months, I know... View More

I agree with his honor, I answer also to explain how dastardly the State can be on some case, particularly unpopular cases such as sexual assault of a child. They are not all guilty but I had a case where the person had to bond out twice, once after being indicted.

Yes, and I am sorry for the way your employer is treating you. Just be sure that you comply with the restrictions your doctor gives you. If the employer tries to get you to do more, then you will have the right to leave the job. It could be the employer believes the propaganda about those who d/n... View More

Its complicated b/c a carrier (IC) may dispute an injury as not being "in course and scope". Once that issue is settled as a compensable, the IC can still dispute that medical treatment was not reasonable or necessary. I know of cases where there was a preauthorization and latter a... View More

Thanks for your question. Make sure you carefully review the contract to determine if there is a "force majeure" clause which means "an act of God" clause which protects you in the event of a catastrophic event. If there is such a clause it is an escape for you if there was... View More

Thanks for your question and I am sorry for the way you have been treated. You will need to find a lawyer that can help you with a civil rights claim as well as for a violation of your First Amendment rights (freedom of speech).

If your rights were violated by law enforcement it could be a... View More

I am sorry for your troubles but I thank you for your question.

I'm not sure about the claim the magistrate did not have jurisdiction to give him "time served", or why you would be told that AFTER he already served the time. It is my opinion this is a claim that should be... View More

Ms. Pace is of course correct but you probably want to know the law on the subject, correct?

Any statement by the CI would be considered "hearsay" b/c its an "out of court statement offered for the truth of the matter asserted". The Texas Rules of Criminal Procedure... View More

Ms. Pace provides an excellent answer so I answer only to briefly explain an "examining trial". If you have not yet been indicted you are entitled to request an examining trial (ET). The trial must be held before the indictment, once you are indicted the ET will be cancelled. Also it is... View More

Thanks for your question.

As you are probably aware, statutory MMI is a legal fiction that mandates you have gotten as well as you ever will 104 weeks after your TIBs begin to accrue (essentially after you started missing work b/c of your injury). The MMI date is actually the date when... View More

I agree with Mr. Rogers. Before spending your money on a lawyer first research the lawyer appointed and understand nothing will happen before your fist date, typically an arraignment for a felony. Your 3rd offense could be a felony but get the advise of a lawyer about that first. Good luck,

Thanks for your question. I agree with Ms. Pace. This can be a complicated area of the law because of the hearsay rule and exceptions for non-availability of the witness. You have the right to confront those accusing you so I see that as a problem for the DA. Best of luck to you.

Although the cop may not have demonstrated the entire test, that alone will not result in suppression of the evidence, but it gives you something to argue to the fact finder. Good luck with your case.

Well, I must ask, is someone contesting your ownership? If not and the other parties are willing to part with their interest I would suggest preparing and filing "an affidavit of heirship". IT MAY DEPEND ON THE VALUE OF THE PROPERTY.

I am sorry for your troubles. If the State cannot prove the "amount" or a quantitative level of the THC that would cause "loss of use of your normal mental or physical faculties" it will not be able to prove your case. In that situation my opinion would be to take the case to trial. Good luck.

I would look at the promise to pay as a contract type of agreement. To have a legal contract there must be an offer and acceptance and "consideration". "Consideration" means that each party agrees to provide something of value to the other. This can be an affirmative offering... View More

Because you asked this under "DWI" I will answer based on DWI 1st.

Each case must be evaluated on its own factual merits, so the range of punishment can greatly vary.

For a DWI guilty plea, I have had cases where plea bargains were negotiated for time served, (an over... View More

If your employer had wc coverage, sorry that's a complete bar to a PI case, except in a gross negligence case that results in death.