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Texas Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Texas on
Q: It took over 6 mo.for the lawyer to get me to see a lung Dr due to a black spot on my right lung in the middle of it an

an now I'm having breathing problems if I would of seen a lung Dr when I told the lawyer I wouldn't have to do breathing treatments the rest of my life he failed to get me a Dr when I first told him an my wife has to have back surgery an the same thing with her it took him that long to... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Typically, lawyers are not involved in making arrangements for patients to see doctors. That being said, pulmonologists are a type of specialized doctor that is in high demand. When my internist referred me to my pulmonologist, the earliest appointment I could get with her was more than six... View More

1 Answer | Asked in Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: Why are emergency rooms in Florida and Texas refusing to help a pregnant women? Two instances where this happened?

Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: I have a question, about money I get every month from a settlement from my dad passing away in a two 18-wheeler accident

I was 11-12 years old and my mom was the one who made the decisions on when I get my money and how much I’m able to get at a certain period of time. And now that I’m an adult I think that’s it’s now my choice to change how I receive that money.

John Michael Frick
John Michael Frick
answered on Apr 1, 2024

If the settlement agreement gives you the choice on how to get the money now that you are an adult, follow the terms of the settlement agreement as it pertains to notifying whomever is holding the money for your benefit. Since this is not a typical situation, it will depend on what the exact... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Car Accidents and Civil Rights for Texas on
Q: i was involved in a hit and run on June 13, 2021 that was staged by my ex wife along with El Paso Police Officers

and also El Paso Sheriffs Deputies. The day of the hit and run moments before my ex wife kept anounccing every light intersection til we crashed. EPPD officers arrived and didt treat it like a hit n run. They moved my car and another officer arrived and gave me a ticket for not having my actual... View More

James L. Arrasmith
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answered on Mar 28, 2024

I'm deeply sorry to hear about the distressing experience you've gone through. It sounds like a complex situation involving personal relationships and the response of local law enforcement. It's understandable you would feel frustrated and possibly overwhelmed by the way events... View More

0 Answers | Asked in Personal Injury for Texas on
Q: Okay I have a number of questions. This would be in the Texas jurisdiction regarding a personal injury settlement

My wife will be receiving a sizable settlement from a personal injury case. My question is can the losing side dictate how those funds are used when they are dispersed. I am in the process of getting a durable power of attorney to take care of all of her affairs. I am also having a medical power of... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: Is it a hard question people don’t understand it happened 34 years ago and it still will be with me till the day I die

If no statue limitation, but only has six months file charges on the surgeon. I didn’t have six months because it took me nine months before the wick lady in Louisiana found one hernia took into the emergency emergency room. The doctor said he’s got two hernias he was born with. Thank God I... View More

John Michael Frick
John Michael Frick
answered on Mar 28, 2024

It is unclear what your question is.

The statute of limitations for a medical malpractice case in Texas is two years. That means that, ordinarily, a patient must file any lawsuit asserting a medical malpractice claim within two years of the date that the cause of action accrued....
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2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Tumor found in my lung in July 2023. Was not informed until November of 2023 when second scan was done revealing it.

Pulmonary doctor told me I did not have cancer. Thoriatic surgeons told me i had cancer in Feb 2024. What are my options?

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

You need to consult an oncologist and surgeon to discuss your treatment options. This is more of a medical question than a legal question.

If you are asking about a possible malpractice claim, your question is confusing. You seem to say that a tumor was found in your lung in July 2023,...
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1 Answer | Asked in Products Liability, Personal Injury and Wrongful Death for Texas on
Q: I received settlement from Bayer/Monsanto for my husband's non Hodgkin'lymphoma. After they offered me the initial sett

Settlement they then asked me if I could hold out for a larger settlement as my husband passed away from his Roundup exposure. It is now been 2 years and still no settlement they say keep holding out if possible is this normal?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Texas attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your husband. Your attorney would be in the best position to answer this, but based on the timeline you describe, one possibility is that your law firm added the wrongful death element... View More

2 Answers | Asked in Personal Injury, Products Liability and Wrongful Death for Texas on
Q: How much to ask for as it relates to pain and suffering?

Spouse was diagnosed with stage four cancer at 47. He worked in contaminated train yard for 17 years. The contamination was unknown at time of diagnoses.

He said, come to his injuries and leave behind one spouse of 20 years, who he intended to send back to college because she was a stay at... View More

John Michael Frick
John Michael Frick
answered on Mar 8, 2024

Pain and suffering is a non-economic damage to compensate your spouse for the conscious physical pain he endured as a result of his exposure which caused his cancer up to the time of his death. It is recoverable by the personal representative of his estate in a survival action. How much to ask... View More

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1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: Yes, I can prove the city worker did NOT have my Consent or permission to neuter my cat! What are my Options?

The city worker asked if They could place traps to locate a missing orange cat! I gave her permission to do so nothing else! Instead, the city worker traps my cat and has my cat neutered without my consent or permission! I also have the city worker on Surveillance Admitting that they did it.

John Michael Frick
John Michael Frick
answered on Mar 6, 2024

Assuming you can overcome any official immunity defense and timely assert a claim against the City, you may be able to recover any diminution in value of your cat as a result of him being neutered. For example, if you could have sold the cat unneutered for $500, but neutered he can only be sold... View More

2 Answers | Asked in Estate Planning, Contracts and Personal Injury for Texas on
Q: I was willed 28.000.000.00 by a man from Canada he sent the electronic draft. I believe officials have with out my autho

Authorization been using my bank draft for public use what should I do

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2024

It's possible this could involve elements of Canada law. But the short answer is to be careful in dealing with business offers, donations, gifts, or bequests from people you don't know. You could review the matter with a Texas attorney to determine its legitimacy. Good luck

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1 Answer | Asked in Personal Injury for Texas on
Q: Can I sue for being injured by someone and/or on someone’s property?

I was assaulted at a private residence resulting in permanent brain damage. Can I sue the person who did it? Or the homeowners of where it happened at?

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

Yes, you can sue the person who did it. You may be able to sue the homeowners if you can prove that they had actual knowledge of the person's violent propensities, invited you to their premises, and failed to warn you about the attacker.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Texas on
Q: Can I sue the animal shelter?

My animal was trapped by a city worker, stolen, and had his testicles removed without my permission or consent. Now my cat can NO longer breed, continue his blood line. Video surveillance as well.

I have before and after pictures.

Please help, or please put me in touch with someone... View More

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

It depends on the facts and circumstances of your particular situation. Many cities and towns in Texas have mandatory neutering laws. Although the terms can vary, a typical ordinance requires any male dog or cat over eight months of age to be neutered unless the owner obtains an intact-pet... View More

Q: If you're old employer lies in a workmanc comp hearing can you sue for deformation ? He committed perjury.

"I am currently seeking legal representation to address the egregious actions taken against me by Robbins Chevrolet. This includes filing a lawsuit against them for the perjury committed during two hearings, defamation of character, and any other legal avenues available to seek justice for the... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

Generally speaking, statements made during the course of judicial or administrative proceedings are subject to the affirmative defense of absolute privilege in any subsequent defamation proceeding. That means such statements cannot provide an avenue for a claim for damages.

If your...
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1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: I need a lawyer in San Antonio Texas because my roommate or should say a person who lives in the same house with me .

This person let my dogs out and one of them who I think he dumped miles away came back around 8 hours later with injuries and could barely walk and she (Scarlett) needs to go to the vet. My other dog was here at the house

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

First, this is a Q&A forum in which individuals ask a legal question and Justia lawyers have the option of answering the questions. If you are looking for a lawyer for a specific legal matter, you should use the "Find a Lawyer" option and search for a lawyer in San Antonio or Bexar... View More

3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?

I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a... View More

John Michael Frick
John Michael Frick
answered on Feb 16, 2024

There are rare cases in which a doctor is negligent in administering an epidural and it causes a significant injury to the plaintiff. What happened in your particular case, however, will need to be carefully evaluated by a health care practitioner in the same field of medicine as the doctor who... View More

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2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Libel & Slander for Texas on
Q: If someone is mad and telling my boss church and everyone that I have hiv and it's caused me to quit 2 diff jobs

I even had to move a town over because of the slander.

James L. Arrasmith
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answered on Feb 1, 2024

If someone is spreading false and damaging information about you, such as falsely claiming that you have HIV, it could constitute slander, which is a form of defamation. Defamation occurs when false statements are made about an individual that harm their reputation. To address this situation, you... View More

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1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Litigation for Texas on
Q: Recourse if post trial I learned ex's retained expert witness in mod case had serious undisclosed conflict of interest?

My child's former psychologist testified as a retained expert witness for my ex in a modification case finalized 08/22. I discovered recently that the psychologist filed for her own divorce a week after receiving retainer from my ex to be expert witness.

Additionally, Psychologist had... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2024

I don't think that the psychologist's own divorce proceeding is relevant or creates a conflict of interest. I don't think the psychologist had a duty to disclose that information during litigation. Barring truly unusual circumstances, I think any mention or evidence concerning the... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: During pregnancy my concerns were ignored and I got a renal infection due to lack of action. Is this a malpractice case?

Duing my second pregnancy, I brought my concerns to multiple OBGYN's about pain and other symptoms, and even specified what I was experiencing did not feel normal, but kept getting told the second pregnancy feels different and it's worse for me because I didn't wait at least a year... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 30, 2024

It may be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability...
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