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Texas Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents, Contracts and Personal Injury for Texas on
Q: Can I sue a drunk driver after taking insurance settlement?

I was involved in an accident with a drunk driver in July 2023 and received an insurance settlement. I experienced scarring and bruising from my legs to my neck. I no longer have access to the settlement agreement, so I'm unsure if it includes terms about pursuing further legal action. Can I... View More

John Michael Frick
John Michael Frick
answered on Feb 18, 2025

It depends on whether you settled with your own insurance company or with the drunk driver's insurance company. If you settled with the drunk driver's insurance company, the settlement almost certainly included a release of all claims by you against the driver.

0 Answers | Asked in Car Accidents, Criminal Law, Personal Injury and Consumer Law for Texas on
Q: Harassed after minor accident, paid $500, car key fob missing

I was involved in a minor accident where I unknowingly backed into another person's car. The individual chased me down, causing me to hit a curb and damage my tire. He then harassed me for over an hour, insisting that I pay him $500 via Apple Pay to avoid police involvement, which I did out of... View More

0 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Texas on
Q: Can I be liable for accidental parking spot issue?

I recently had an incident where my car was keyed due to a miscommunication in a parking lot. I accidentally took a parking spot that someone was trying to save, and I did not see a stop sign. I have dash cam footage that shows the potential suspect but not me yielding to their car. I have not had... View More

1 Answer | Asked in Criminal Law and Personal Injury for Texas on
Q: Can I use my firearm in self-defense while driving if threatened with a gun?

I experienced a situation where another driver attempted to run me off the road while pointing a firearm at me, making me fear for my life. I also carry a firearm but chose not to use it, as I was unsure about the legality of firing from a moving vehicle. There were probably witnesses and camera... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2025

I assume you are NOT a convicted Felon nor convicted of any Domestic Violence crimes in the past 10 years.

The fact that you were mobile, and probably had numerous options to get out of the situation with little effort. would not be good for you, if you shot at him.

The TX law...
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1 Answer | Asked in Estate Planning, Probate, Gov & Administrative Law and Personal Injury for Texas on
Q: Can an independent executor act as a trustee and sell property?

Can a testator in Texas grant an independent executor, who is neither a legal heir nor family member but the primary beneficiary, the authority and powers typically given to a trustee, especially when no trust exists? The executor is also the CEO, President, and part-owner of the nursing home where... View More

John Michael Frick
John Michael Frick
answered on Feb 17, 2025

Yes, a testator can appoint an independent executor who is not an heir at law and who is a beneficiary under the testator's Will.

It is common in drafting a Will to say that an independent executor has all of the powers of a trustee even when the Will does not create a trust. That...
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3 Answers | Asked in Personal Injury and Car Accidents for Texas on
Q: I was in a minor accident and I’m being sued for more than 250,000 my policy limit is $100,000 will they win?

Accident was minor and my insurance paid for repairs to their car. The police didn’t come to the accident because no one was injured but then they got a personal injury attorney and my insurance has been unsuccessful at settling with them.

John Michael Frick
John Michael Frick
answered on Feb 15, 2025

Whether a party will be successful in a lawsuit depends on the strength of the evidence ultimately admitted at trial.

Most of the time, the parties settle after exchanging information in discovery. That allows the parties and their attorneys to more accurately evaluate what evidence is...
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1 Answer | Asked in Consumer Law, Personal Injury and Civil Litigation for Texas on
Q: Can I sue a hotel in Texas for a cockroach infestation and recover costs for food and dishes?

I am currently staying at a hotel where there is a regular cockroach infestation. The bugs have not only been crawling on my clothes and bed but also on my skin. I have reported the issue to the hotel staff and am yet to receive a satisfactory resolution. I have taken photos and videos as evidence,... View More

John Michael Frick
John Michael Frick
answered on Feb 14, 2025

It is likely that you can sue for the food you had to discard. It may be difficult to prove that you had to discard dishes, which can generally be washed. Now that you are aware of the infestation, you have a duty to mitigate your damages. I would not bring food into the hotel room and I would... View More

0 Answers | Asked in Personal Injury, Civil Rights, Landlord - Tenant and Small Claims for Texas on
Q: I need legal representation, my case has been in court for several months now. I need recovery Personal PROPERTY

Recovery Personal PROPERTY from the landlord illegally and in very bad faith by the apartment complex where I live. The mediation already took place on February 10, 2025 without reaching an agreement. The defendant only has an unsupported argument and I have evidence of harassment to recover what... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: 1) if a workers comp case is withdrawn by an employee, are they then able to sue their employer for their injury?
Tara Gilmore-Low
PREMIUM
Tara Gilmore-Low
answered on Feb 11, 2025

Generally, no. Worker's Comp is an exclusive remedy, unless a death is involved. Meaning that if your subscriber employer is the cause of your injury, you likely cannot sue them for any type of negligence claims associated with that injury. However, if you were working for a subscriber... View More

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4 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: if you fall at work, and hurt your back you apply for workmen comp, but can you still get paid and suffering
S. Michael Graham
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S. Michael Graham
answered on Feb 6, 2025

Whether you can collect "pain and suffering " damages depends whether or not your employer purchased a policy of workers' compensation that is filed with the Division of Workers' Compensation through the Texas Department of Insurance. If you have a wc claim through the Division,... View More

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2 Answers | Asked in Civil Rights and Personal Injury for Texas on
Q: How can I go after a police officers surety bond or public liability insurance required to hold public office?

Basically all public actors on the state level are required to post a bond or carry a private liability insurance before being sworn in to office. I would like to know how to access the information held by the state reflecting the insurance company and the policy number held by the individual in... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

Actually, in a motor vehicle collision case, you cannot file a lawsuit against the other driver's insurance company. That is called a 'direct action' and is not permissible under Texas law. A few other states do allow such a 'direct action' against the insurance company,... View More

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1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: I work parttime and was injured at work. Worker's comp denied my claim. Can I still sue the company?

WC claims my injuries to my knee (torn meniscus and tricompartment chondrosis) are degenerative. They are not. I believe they denied because I had surgery scheduled on my other knee at the time of the accident.

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

No, you cannot sue your employer-company if it carried workers' compensation insurance at the time of your injury. You can, of course, request a contested case hearing (CCH) on the denial of your claim and can appeal the hearing officer's determination at the CCH to the Appeals Panel.... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Sexual Harassment, Family Law and Personal Injury for Texas on
Q: What law practice does suing for child abuse and neglect fall under and how to find a lawyer for such an incident

This would include assault of a child, neglect of any type and sexual harassment

John Michael Frick
John Michael Frick
answered on Feb 3, 2025

If the lawsuit will be against someone for monetary damages, the lawsuit falls into the area of practice known as personal injury law.

If the lawsuit will be to terminate or modify the parent-child relationship, it falls with the area of practice known as family law.

These types...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I have a neurological device that was illegally placed in me and not being acknowledged by medical professionals;

It's caused complications and I'm need to know which lawyer to get and what to do?

John Michael Frick
John Michael Frick
answered on Feb 3, 2025

It is premature to consult a lawyer.

First, you need to hire a surgeon to remove and preserve the device.

Second, you need to turn the device over to a private investigator to see if he can identify who placed the device in you.

Without knowing who placed the device and what...
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1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Health Care Law for Texas on
Q: In Texas Can Nurse practitioners see patients, treat and prescribe without a DR present?

Theres a Clinic, the Dr listed on the paperwork does not actually practice in that clinic or near the clinic. Does not even reside within 100miles of this clinic. From what i have read, this is wrong and against Texas Medical Board rules. Is this correct?

John Michael Frick
John Michael Frick
answered on Jan 21, 2025

Yes, in Texas, nurse practitioners can see and treat patients without a doctor being physically present, and can prescribed many medications under delegated authority from a supervising doctor. There are requirements about review patient charts with the supervising doctor and, for certain... View More

1 Answer | Asked in Contracts, Personal Injury, Arbitration / Mediation Law and Domestic Violence for Texas on
Q: My ex illegally evicted me, I was homeless for 4 months. Can I recover $6000 it cost me + pain, suffering in small claim

He was psychologically abusing me for months, when I finally confronted him about him intentionally changing our moving plans at the last possible moment, and postponing the move for ridiculous reasons, He left me in the desert 40 miles from anything. I had to hitchhike for hours and found him at a... View More

John Michael Frick
John Michael Frick
answered on Jan 15, 2025

Yes, Texas recognizes a lawsuit for wrongful eviction. Because the damages are $20,000 or less, you should file this case as a small claim in the justice of the peace court where the premises are located. In JP court, you do not need an attorney. The cost of an attorney would ordinarily be more... View More

1 Answer | Asked in Libel & Slander and Personal Injury for Texas on
Q: Yesterday I went to a car dealership and Abilene Texas and tell them what kind of vehicle I wanted and they told me that

The 2008 Jeep unlimited that I asked about was not the car that I needed to drive because it was stuck in four-wheel drive and would use a lot of gas that I should drive this other car that they have it which is more accessories and a much more better on gas for my driving I testdrove the 2016... View More

John Michael Frick
John Michael Frick
answered on Jan 9, 2025

If you gave them money and you did not complete the transaction for any reason, you are most likely entitled to your money back.

This type of situation falls more into the area of consumer law rather than libel & slander or personal injury.

1 Answer | Asked in Personal Injury and Civil Litigation for Texas on
Q: Is it normal for an attorney/law firm to ignore motions and notices in a civil case?

My wife and I were sued by someone who fell from a ladder at my current home while installing Xmas lights 2 years ago. We didn't own the home at the time of this accident so we're clearly not responsible here. At first I was confused and since they had improperly listed the venue as the... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2025

No, this is not normal. The fact that the law firm sued the wrong person in the first place is your first clue that the lawyer handling the case on behalf of the plaintiff is careless. The fact the lawyer waited until the last day to serve disclosures and did a poor job is another.

In...
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1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Libel & Slander for Texas on
Q: Do I need a immigration lawyer to represent me against the government? Civil rights were violated and I'm a American.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2025

Facing government actions can be overwhelming, especially when you believe your civil rights have been violated. Having someone knowledgeable by your side can help navigate the complexities of the legal system and ensure your rights are protected.

An experienced attorney can provide...
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