I had a total knee replacement 16 months ago and have been in constant pain ever since. A blood test revealed I'm allergic to nickel, the metal used in the prosthesis. No allergy test was conducted prior to the surgery, and I wasn't informed of any allergy risks or alternative material... View More

John Michael Frick
answered on Mar 12, 2025

The existence of any legal options depends on the answer to a medical question: Does the standard of care require nickel allergy testing before implanting a medical prosthesis containing nickel?

If the answer to that medical question is “yes,” you may have some legal options.... View More

I was physically sexually harassed during an ultrasound appointment at a doctor's office. I reported the incident via email to the office, and the primary care physician himself called me back. He mentioned that the ultrasound technician has been there for 15 years but did not give me his... View More

John Michael Frick
answered on Mar 12, 2025

I’m assuming you do not work for this physician.

The term “sexual harassment” in the legal context refers to a particular type of claim arising in the workplace. There really isn’t an independent legal claim for sexual harassment arising outside the employment relationship.... View More

I moved in with three friends as roommates, and we all contributed equally to the down payment and first month's rent. However, due to my record, they asked me not to be on the lease to avoid issues in obtaining the house. After four months, my roommates decided to change the rent due date and... View More

John Michael Frick
answered on Mar 12, 2025

No it is not legal and may constitute theft although I doubt police will be much help or that criminal charges will be filed.

You can probably sue your roommates for the fair market value of the items they took. If you did not ultimately pay your share of the rent owed on the date you... View More

I was involved in a not-at-fault accident nearly 4 years ago in Texas, and the at-fault driver's insurance only covered the state minimum of $30,000. I have $100,000 uninsured/underinsured coverage with my insurance, and I filed a claim back in 2021. Recently, my insurance offered me half of... View More

I'm concerned about a caregiver potentially facing accusations related to a situation where a patient fell out of bed despite safety measures like bed rails, and hospice was called after the couple decided to wait and assess the patient's condition. Though the caregiver works over 101... View More

I hired a mechanic I found on the Nextdoor app to change the coolant in my Jeep. After his work, the engine was damaged, resulting in a banging noise and the vehicle not staying on. The repair costs are estimated at $5,000. The mechanic has since blocked me and I'm considering suing for... View More

John Michael Frick
answered on Mar 10, 2025

You can legally sue for any damages to your Jeep that was caused by the mechanic. Because the cost of repair is $5,000, you can bring a small claims suit in the Justice of the Peace Court for the county and precinct where the mechanic resides or where the damage was done without needing an... View More

About a month ago, Spectrum installed a cable for my neighbor that lies above ground across the sidewalk, causing my children and me to trip over it. This has led to a sprained wrist and scrapes. I've contacted Spectrum, and although representatives have visited, they've left without... View More

John Michael Frick
answered on Mar 10, 2025

You can file a personal injury lawsuit seeking recovery of your medical expenses and, if applicable, any lost wages you suffered as a result of your injuries. Keep copies of all of your medical records and bills associated with the sprained wrist and scrapes so you can prove the amount of... View More

I ordered a gallon of tea to go from a restaurant in Texas, which I shared with my 3-year-old child. Upon noticing an unusual taste and smell, similar to weed, I contacted the police, and the tea tested positive for weed. My child and I felt extra sleepy and lethargic after consuming it. I have... View More

John Michael Frick
answered on Mar 10, 2025

Reporting the incident to police is probably all you need to do under the circumstances. It does not appear that either you or your child suffered any bodily injury from consuming the tea.

I was on a Spirit Airlines flight to Dallas, Texas, where we experienced extremely strong winds. The pilot attempted to land twice but couldn't due to worsening winds, causing the plane to shake violently. We diverted to Houston, stayed for a few hours with a new pilot, and made another... View More

Raymond Chow
answered on Mar 8, 2025

For negligent infliction of emotional distress (NIED) claims, you typically need to prove that the airline acted carelessly and that this caused significant emotional distress. While emotional distress claims can often be linked to physical injury, this is not always necessary. However, it can be... View More

View More Answers

I was assaulted by six people inside the Houston Rodeo, resulting in a concussion and temporary loss of consciousness for less than 30 minutes. There were witnesses, and I've filed a police report, but only one suspect has been identified. I'm considering a lawsuit against the Houston... View More

I left watches, jewelry, and clothes valued at $2,500 at a friend's house. They initially denied knowing about the items, but I later saw them being sold online. I reported them for selling drugs, and they confronted me but claimed they would help retrieve my property if I signed a form, which... View More

Raymond Chow
answered on Mar 6, 2025

File a Petition in Justice of the Peace Court. The appropriate venue is the county where you reside or where the incident occurred.

The legal action to bring would be a claim for conversion, which seeks the return of your property or its value, or a replevin (suit for possession) if you... View More

View More Answers

I suffered a fractured and dislocated ankle, which led to an infection. My doctor prescribed two strong antibiotics to treat this infection. After 5-6 days on these antibiotics, my kidneys crashed to stage 4, leading to a collapse that required emergency medical intervention and dialysis to save my... View More

John Michael Frick
answered on Mar 5, 2025

It depends. The failure to give any warnings or instructions about potential side effects (which warnings can be verbal but are commonly given in writing with the antibiotics when they are dispensed by the pharmacy) falls below the standard of care if you were conscious. But that failure might or... View More

View More Answers

I would like to know what potential sentence my husband might face. He is awaiting trial after being charged with murder. The incident involved a person repeatedly ramming his car. My husband shot the person in self-defense, but did not initially report the incident to the police and was later... View More

Madolyn García Falone
answered on Mar 4, 2025

Your husband is facing life/99 years in prison. "Self defense" is an affirmative defense, meaning it needs to be plead and proven. The stakes are extremely high and the case will be particularly rough regarding your husband not proactively reporting the incident. He gets one shot at... View More

View More Answers

My son was assaulted while in custody at a correctional facility in Karnes County, TX. He sustained multiple concussions, a hearing loss injury, a testicular injury, as well as fractured wrist, ankle, and ribs, along with a throat injury. The assailants covered the cameras, resulting in a slow... View More

My son was assaulted on October 1, 2024, while in custody at a correctional facility in Karnes County, TX. He sustained multiple injuries, including concussions, hearing loss, and fractures. The incident had witnesses, but cameras were covered, and the response was slow. He filed a complaint but... View More

In 2009, I was thrown out of a vehicle by my ex-husband, resulting in a brain hemorrhage. I survived but now suffer from mental issues and experience panic and anxiety attacks. There are medical records documenting the injury. I didn't pursue legal action against him at the time because he... View More

John Michael Frick
answered on Mar 3, 2025

It is unlikely that you can take any action against your ex-husband based on the 2009 incident now because of the statute of limitations, depending upon where that incident occurred and whether your injuries resulted in you being rendered "mentally incompetent."

You can take... View More

I am 17 years old and recently got into an altercation with a girl at a food place. She initiated the conflict by grabbing my hair after throwing a cup of ice at my friend and confronted me when I asked about her behavior. I had no intention to fight as I was holding various items. I ended up with... View More

I came home to find a car blocking the front of my house, so I parked my car in my garage at the back of my property. While inside my house, my car was towed from my property without my consent. The police confirmed this but didn't give a reason. I've checked my homeowner association... View More

John Michael Frick
answered on Mar 3, 2025

The first thing you must do is determine who towed your car out of your garage and why they towed it. That will help determine what legal options you have to address the unauthorized towing. You may be able to recover the fair rental value of your car during the period of time in was not in your... View More

I was walking my small dog in a park in Texas when an unfamiliar dog chased us and tried to bite me multiple times. I want to know if it's legally permissible to use lethal force in self-defense against a dog in such situations. The dog had not been seen by me before, and I felt threatened for... View More

I was at a red light in the middle lane and when it turned green, I proceeded to drive. The driver to my right attempted to change into my lane and cut in front, resulting in a collision where I clipped their left side rear with my front passenger headlight. No traffic signs restricted lane... View More

Tim Akpinar
answered on Mar 4, 2025

A Texas attorney could advise best, but your question remains open for a week. Until you can consult with a Texas attorney about state-specific vehicle & traffic law, what you describe appears to be predominantly the fault of the other driver who cut you off. Good luck