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Texas Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Texas on
Q: How long should a personal injury case stay pending in a civil court? Who can give me (the plaintiff) information on a

Motion to Withdraw case left pending? This is my third Attorney...This personal injury case should be under scrutiny. How can I (the plaintiff) go about requesting a "default judgment" with the civil court judge, without any legal representation? I should probably present the matter if my... View More

John Michael Frick
John Michael Frick
answered on Oct 11, 2024

A typical personal injury case will go to trial in 24-36 months. If a defendant was properly served and has not filed an answer, you can file a motion for default judgment with a military service affidavit and certificate of last known address and schedule a prove-up hearing for damages. Make... View More

0 Answers | Asked in Personal Injury for Texas on
Q: Hi I file a lawsuit against a Doctor of mine and i asked to see and get the total amount of my case settlement he said

That it wasn't one and he said that he just wanted to pay me in good faith but i have to sign a lawyer release form I don't understand why he good luck provide me with the full settlement amount that he wanted to give me a out of good faith payment through his law firm and I've never... View More

1 Answer | Asked in Personal Injury and Products Liability for Texas on
Q: I had a stabilizer bar that broke on my ford while driving and I couldn't turn the wheel

I had a stabilizer bar that broke on my ford while driving and I couldn't turn the wheel I quickly stopped and saw that that a weld had broken i welded the part to make it home under further inspection I discovered that the original part shouldn't even have any welds and someone had... View More

John Michael Frick
John Michael Frick
answered on Oct 7, 2024

Assuming that you purchased the vehicle new and it is still in warranty, you likely have a claim against the manufacturer under the warranty to have the stabilizer bar properly replaced.

If you bought the vehicle used, it is most likely you bought the vehicle "as-is" and that any...
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2 Answers | Asked in Personal Injury and Health Care Law for Texas on
Q: Hello,My name is Charles and my mom was in the care of a caregiver at time of her accident when she was left alone.

The caregiver brought her back from an appointment and left her alone while using her walker on the sloped driveway. She fell and broke her arm and has been hospitalized since. This happened on 8-20-2024. We have all kinds of surveillance videos of what happened and they are deeply disturbing. The... View More

James Clifton
PREMIUM
James Clifton
answered on Sep 30, 2024

Based on the details you provided, you may have grounds for legal action against the caregiver and the agency responsible for her care (Home Watch Caregivers). The caregiver's negligence, such as leaving your mother alone on a sloped driveway and being distracted on the phone, could be key to... View More

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2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Are apartment owners liable if their employees forget to lock the pool gates and someone gets hurt
James Clifton
PREMIUM
James Clifton
answered on Sep 25, 2024

Apartment owners can be held liable if their employees neglect to lock pool gates, leading to an injury, based on principles of premises liability and negligence in employment.

Apartment owners have a legal duty to maintain their property in a safe condition, which includes securing pool...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I was told that I would die if I left the doctors care at a rather huge hospital. They stole my phone & gave me drugs.

Bad drugs and they failed to investigate with my Pharmacy & the Mayo Clinic Drug side effects. I insited on leaving. I found out the Side effects were vey dangerous, which is why I ended up ther in the first place. I still do not have a phone, and this keeps me from doctors and working. This... View More

Gail N. Friend
Gail N. Friend
answered on Sep 22, 2024

With few exceptions (such as that you are a threat to yourself of others - as determined by physicianS - You have a legal right to privacy, property and to communicate with persons who are not within the scope of a health care facility's authority. THEREFORE, I suggest that you confer... View More

0 Answers | Asked in Personal Injury and Small Claims for Texas on
Q: Bone fragments in chicken nugget.

I am seeking legal advice on a situation that occurred at a McDonald's in Willis Texas. they're claims company has reached out and offered me a settlement but I'm not sure if I should sign or if I should seek more. I only have about $200 in medical bills and a wound on the roof of my... View More

0 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Wrongful Death for Texas on
Q: What is the legal risk when defending property from robbery with deadly force in Texas.

Bicycle locked to pole in parking lot outside store in Texas where I live. Bicycle owner comes out of store, sees somone cutting the lock. Owner approaches lock breaker who finishes cuttng lock, starts riding away, ignoring loud calls by bike owner to stop and return the the bike. Owner draws a... View More

1 Answer | Asked in Personal Injury for Texas on
Q: A nurse walked in on me while using the restroom, with no clothes, then housekeeping did the same thing, days later.

Neither Knocked nor does the door lock in patients rooms. Do I have a suit?

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

Highly unlikely. Among other things, you suffered no damages as a result of either person walking in on you.

0 Answers | Asked in Personal Injury for Texas on
Q: If LA licensed driver in LA registered car with no ins is in MVA in TX, does LANPNP apply

If claimant has LA DL and LA titled vehicle with no auto liability policy has MVA in Texas, does LA NPNP statute apply?

0 Answers | Asked in Energy, Oil and Gas, Municipal Law, Consumer Law and Personal Injury for Texas on
Q: Can I sue the City of Denton, Texas? Or Municipal Utility department?

-I have lived alone in a 4 bedroom house for over 3 years, with no issues with my Utility bill. Suddenly, I received a bill showing I used an absurb amount of water, approximately 124,000 gallons! This would be a small lake, or very large pond. My water bill went up to $1200

-I hired the... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Hello. I have a question in regards to hiring a different attorney on my workers comp case in Texas.What is the process?

My accident is work related. The forklift was pulling on a bundle of conduit and the Strap Broke, While i was in the trench, caught me blind sided. I was treated by the ambulance and fire dept. The initial MRI showed i had suffered brain tissue was swollen and a brain tumor was diagnosed. My... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Sep 9, 2024

While you are always free to fire and then hire a new workers' comp attorney, the 2nd attorney will, in many cases, not be willing to represent you because you have to make sure your first attorney doesn't have a big attorney fee bill that needs to be satisfied first. Attorneys like to... View More

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1 Answer | Asked in Personal Injury and Small Claims for Texas on
Q: If I think I was harmed due to negligence what are the steps that I need to take to sue a plasma donating facility?

Thus just happened yesterday

James Clifton
PREMIUM
James Clifton
answered on Aug 31, 2024

First seek medical attention. Then, document your injuries and get a professional medical opinion to connect your injury to the facility's negligence.

Second, gather evidence, such as any relevant documents, witness statements, and photos.

Last, schedule a free consultation to...
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1 Answer | Asked in Car Accidents, Civil Rights and Personal Injury for Texas on
Q: I was parked and hit by a car in a police chase. Can I sue the police department?

Police were chasing a stolen truck. Parked on the side of the road with my hazards on, typing in an order for work. The road was very wide for a two lane road. Hear a screeching, look in my rear view mirror and quickly brace for impact. Cut the story short, guy stole a truck out of parking lot near... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

In situations like yours, it's understandable to feel frustrated and overwhelmed. When police are involved in a chase that results in damage to your vehicle, determining liability can be complicated. Generally, police departments have some level of immunity from lawsuits related to their... View More

2 Answers | Asked in Personal Injury and Small Claims for Texas on
Q: Can I get a settlement if I was breathing in black mold for a hundred days when I was encarcerated in a facility in2021
John Michael Frick
John Michael Frick
answered on Aug 26, 2024

Most personal injury lawsuits are resolved by settlement. If you have a case on file, talk to your lawyer about the strength of your case for liability and the total amount of damages you sustained (most likely, out-of-pocket medical expenses based on your question). your lawyer can help you... View More

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2 Answers | Asked in Personal Injury and Health Care Law for Texas on
Q: What proof does one bring if the statue of limitations is past in TX for medical negligence
John Michael Frick
John Michael Frick
answered on Aug 19, 2024

In order to defeat a contention that a medical negligence claim is barred by the statute of limitations, the plaintiff must offer evidence to support a matter in avoidance of the statute. For example, if the plaintiff contends that he was under 12 years of age when the treatment or care was... View More

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1 Answer | Asked in Personal Injury and Car Accidents for Texas on
Q: Can i reject a direct payment that was made using my debit card info from a medical adjuster for personal inuries?

I was involved in an accident in which my vehicle was totaled & the other driver & his insurance company admits fault.

The medical adjuster called me stating he'd cover all medical expenses up to 60 days of the date of the accident. In addition, he asked if he could send $1,000... View More

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2024

A Texas attorney should advise here, but your question remains open for a week. It's a little difficult to determine from the post what you agreed to... first-party medical expenses or [as you say in the post], personal injuries. I can't speak for Texas medical expenses - I don't... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Can I see my landlord for not making repairs in my apartment causing me a health injury?
John Michael Frick
John Michael Frick
answered on Aug 15, 2024

Unless you have agreed otherwise in your lease, yes. You will need to prove that your landlord was aware of the dangerous condition that caused your injury (usually because you sent in a maintenance request) and that the landlord failed to correct the condition within a reasonable time.

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2 Answers | Asked in Personal Injury for Texas on
Q: Can I sue a fast food restaurant for finding dirt on my wrap after I had ate part of it.
John Michael Frick
John Michael Frick
answered on Aug 13, 2024

What are your damages?

In order to prevail in a lawsuit, you must generally show that the defendant owed you some sort of duty, that the defendant breached that duty, and that the breach proximately caused you to suffer legally compensable damages.

For example, if a food product...
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2 Answers | Asked in Personal Injury and Civil Litigation for Texas on
Q: I called the suicide hotline 988 and I got a busy signal. I posted a screenshot on x. I've been sick since can I sue?
John Michael Frick
John Michael Frick
answered on Aug 8, 2024

No. The operators of the hotline owe you no legal duty.

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