Get free answers to your Civil Litigation legal questions from lawyers in your area.
My truck was totaled by a door dash driver that fell asleep at the wheel. the trunk was not occupied, uninsured, and parked out side of my home. the driver is insured by USAA and they refused to pay due to her being on the clock with door dash and door dash with not contact me back. this incident... View More 
answered on Aug 24, 2023
You need to promptly sue the driver and DoorDash. The driver's personal automobile liability insurance will not cover the damage because, as indicated, the driver was operating his vehicle for a commercial purpose at the time of the collision. However, DoorDash has a commercial motor vehicle... View More
I have not asked anything out of line or not pertaining to this case, and have asked no legal advice from them.
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answered on Aug 24, 2023
I would suggest putting your request or questions into writing and sending either e-mail or certified mail.
I bought half an acre while married to an ex and in a relationship with my new girl.
i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More
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answered on Aug 23, 2023
This question is not specific enough for a yes or no answer but I would offer that you could not have been married to the girlfriend while still married to the ex wife. (I would be interested to know if you received the property in your divorce from her?) So even if a court found common law... View More
On April 1st 2022 I was thrown out of Christi Spohn Hospital Shoreline because I couldn't keep myself off of the floor while there because I was bleeding internally and also had damage to my back. My wife then rushed me to Bay Area where I was given 7 units of blood products and treated for a... View More
answered on Aug 23, 2023
Yes, a hospital can be held liable for patient dumping in Corpus Christi, Texas.
You will need to prove that you presented yourself to the emergency department for care and that the emergency refused to conduct a medical screening and/or refused to stabilize your condition because of your... View More
They are not providing proper medical care
answered on Aug 19, 2023
My law office doesn't handle ERISA claims. If your claim does not involve negligence on behalf of the employer or other third party, it is almost impossible to obtain legal representation. For this reason, the Carrier's offer little to no support. I like to refer to it as fake... View More
I have a civil Judgment that that wont go away with bankruptcy. I have no money, no income or assets. This person who sued me knows all of this but some how managed to get a large judgment of like $500,000 against me. I believe this person did this because they know I am set to get a large... View More
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answered on Aug 17, 2023
Hire a competent TX attorney to get advice on asset protection. There are numerous methods to protect most if not all that possible inheritance. A transfer to an off shore situs trust is the best method, but many simpler approaches may work for you. Texas has an excellent Homestead for... View More
The Judge said shes signing there Judgement for like $500,000. This person doesnt have a job, real estate or any assets worth value. He received donations to live off of. The amount awarded is insane. Is there anything he can file to either lower the amount or get rid of it just based on having... View More
7 months after the final decree was signed the defendant has now filed a new petition using the old cause number: Defendant's Petition for Judgment Nunc Pro Tunc. Of course, they are claiming a "clerical error" but asking the Court to modify the 7 month old final order. In the... View More
answered on Aug 14, 2023
A Petition for a Judgment Nunc Pro Tunc is a court document that is filed when a party notices that there was a clerical error in the order that was signed. The party wants to get an order signed that corrects the clerical error. This filing cannot go back and change (or modify) a material issue in... View More
If an incident happens in October of 2022 and a Counterclaim 8/22/22 and then filed a nonsuit of the counterclaim on 10/11/22, signed by the Judge on 12/15/22 and then Reinstated the Counterclaim 6/7/23 would it still fall within the Statute Of Limitations?
answered on Aug 16, 2023
Most likely yes. Most claims in Texas are subject to a two- or four-year statute of limitations. There are a few that have only a one-year statute of limitations, and a few that have a longer statute of limitations. It would seem most likely that any claim arising from an incident that happened... View More
I was not a resident but was the one that they caught at home and made me leave with what I could carry and they threw out the rest. They wouldn't allow me to return to get my things. I have a lot of other details to include
answered on Aug 11, 2023
There is a disconnect in your question. If you were not a resident, how were you evicted--lawfully or unlawfully. Why would you have more things in the premises than you could carry is you were not living there?
You may or may not have a valid claim, but ascertaining who may be legally... View More
answered on Aug 10, 2023
The statute of limitations for most civil claims in Arkansas is one-, three-, five-, or ten-years depending upon the substance of the civil claim.
You should consult an attorney experienced in the particular area of law encompassing your claim in or near the county where you intend to file... View More
We are looking for statutes or rules to reference in our Personal Civil Counter Claim (not a business case) but can not find the correct ones to cite.
Im looking for Assault, non recent childhood abuse, breach of verbal contract promissory estoppel , and loss of future earning capacity.... View More
answered on Aug 10, 2023
O’Connor’s Texas Causes of Action is my go-to for succinct summaries of many common causes of action containing case and statutory citations. I often reread the chapter(s) on specific causes of action I think should be included in a petition before I draft. Well-organized so it is a quick and... View More
With no SPO or any other orders stating custody, what does this mean? My attorney disagrees with my research, ignores my calls. The custody filling started with an ex Parte order that shouldn’t have been ordered as the judge was misled with insufficient evidence. I have tons of evidentiary... View More
answered on Aug 7, 2023
Wow, many items to unravel here. First, if you are having difficulties communicating with your attorney, it may be time for a change. Before you change, email, and request a conference - either in person or via zoom. Use that session not only to catch up, but to establish strategy for your case... View More
joint owner (seller) me need help from threat of force of sale suit from(other owner) they say or force of me giving up my interest in estate
answered on Aug 6, 2023
A Texas attorney could advise best, but your question remains open for two weeks. Here is a link to a page on this Justia site
Texas Probate Legal Aid & Pro Bono Services
https://www.justia.com/lawyers/probate/texas/legal-aid-and-pro-bono-services
You include Native... View More
And board. I caught my boss physically abusing grand daughters. I confronted him he told me to get out. I did turn him in to police and CPS was notified. Was kicked out without last pay immediately. Now I'm homeless. Do I have recourse?5
answered on Jul 28, 2023
Yes, you can file a wage claim with the Texas Workforce Commission for your unpaid wages. You may also be able to file a claim for unemployment compensation depending on the terms and circumstances of your employment. If, for some reason, you did not receive a Form W-2 or Form 1099 from your... View More
Their business is potentially going under which is why they have defaulted.
The obvious first thoughts are to file a lawsuit.
Are there other easier alternatives to filing a lawsuit such as possibly filing a lien on the commercial property or possibly filing a claim with either our... View More
answered on Jul 26, 2023
Basic maintenance and janitorial services are not the type of service that give rise to potential lien rights under Texas law. The cleaning of construction debris might.
I can't think of a type of insurance policy that is likely to cover a failure to pay for services breach of... View More
My husband is the co-owner of the car with his mother. His mother needed the help to buy the car and now has defaulted on payments.
answered on Jul 25, 2023
Each co-owner of a motor vehicle was an equal right to possession of the motor vehicle. Your husband has the right to take possession of the motor vehicle at any time, and his mother has the right to take possession of the motor vehicle at any time.
answered on Jul 25, 2023
To report a murder, go to the appropriate law enforcement agency for the area where the murder was committed. If the murder occurred in the City of Waco, you can report the murder to Waco PD or to the McLennan County Sheriff's Dept.
To file a wrongful death lawsuit, you should hire... View More
I was being sued in a civil case where the Judge ruled in their favor but now I'm counter sueing them. So I am becoming the Plaintiff in this situation. They are trying to get my counterclaim dismissed next month but they have scheduled a deposition with me. I'm guessing to try to get... View More
answered on Jul 21, 2023
No, you cannot prophylactically assert the Fifth Amendment in the manner described. You must assert the Fifth Amendment to the specific question asked and must have a good faith basis for doing so. Generally speaking, a good faith basis means that you have a reasonable fear that your answers can... View More
I am a witness on the defendants side. I am allow to be present during his depostion?
answered on Jul 18, 2023
It could depend on the law firm conducting the deposition. If you're also a deponent and the law firm is doing back-to-back depositions, it's a good bet they're not going to want you in the room because they won't want you comparing notes with the defendant. The defendant likely... View More
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