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Texas Personal Injury Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Construction Law for Texas on
Q: Do I have a "pain and suffering" case?

I deliver lumber for a company. On Oct 20, 2023, I was delivering a load to a job site where the lift fell into a septic tank, which resulted in tearing my rotator cuff. I found out that the builder knew the septic tank was there, but only placed small flags to mark the area. Considering that... View More

S. Michael Graham
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S. Michael Graham
answered on Jan 30, 2024

You may have established the basic facts for a claim for negligence (failure to properly warn) against the land owner and/or builder of the premises. Lawyers refer to this as a third party claim since you also have a claim for workers' compensation.

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Education Law for Texas on
Q: Can a teacher who has been cleared of wrongdoing remain on paid administrative leave indefinitely?

I'm a teacher who has been on paid administrative leave for months. The allegation was investigated and determined to not have happened (false allegation by disgruntled student). I have never had problems at the school, I have never been reprimanded or written up, my evaluations have always... View More

James L. Arrasmith
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answered on Jan 30, 2024

In your situation, remaining on paid administrative leave indefinitely after being cleared of wrongdoing is not typical. School districts generally have policies and procedures regarding the duration of administrative leave, especially after an investigation concludes with no evidence of... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I went to my local dentist to have my temporary crown taken off and replaced with my new crown two months ago. The dent

The dental hygienist that worked on me used metal players to supposedly remove the temporary crown. Pulling downward as hard as she could it wouldn’t come off. At least on three attempts the metal plyers slipped and hit my bottom teeth hurting me each time. I asked her are you sure you are... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 28, 2024

You do have a potential case.

Medical malpractice means that a dentist violated the standard of care. A bad outcome is not enough. Another dentist would be needed to evaluate what the dentist did. What occurred here appears to be malpractice.

Due to the nature of dentist...
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1 Answer | Asked in Personal Injury for Texas on
Q: Girlfriend has restrictions do to spinal injury and has to have surgery. Had to postpone a month do to deductible has t
Tim Akpinar
Tim Akpinar
answered on Feb 3, 2024

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry for your girlfriend having to postpone her surgery. It might be difficult for anyone here to advise meaningfully without seeing the terms of her insurance and billing history. Although part of your post... View More

3 Answers | Asked in Personal Injury for Texas on
Q: I have frozen shoulder, 3 tendons in my arm that have tendinosis, ostearthritis, spinal stenosis, spondylosis, and

diabetic neuropathy that all cause quite a bit of pain. Plus lately I have started having nerve pain(?) in both of my outer thighs (stinging, electrical, burning, sensitive, complete numbness) and can also give me a crushing pain in my outer thighs and knees that even wakes me up crying. I am on... View More

John Michael Frick
John Michael Frick
answered on Jan 25, 2024

This is a question that you need to ask a doctor in the relevant field of medicine, not a lawyer. Only a licensed medical practitioner can tell you what is "normal" in the treatment of your medical conditions.

There are numerous studies and other medical literature which indicate...
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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Texas on
Q: I bonded my Son out for a violation of an Ex Parte Protection order that he had no knowledge of. NONE!

We now know she had a Protection order filed in one county and then withdrew and started one in another county. No knowledge of either and no motion to transfer jurisdiction as well.

John Cucci Jr.
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answered on Jan 20, 2024

While it is possible to get an Order of protection started and signed, Ex Parte (one sided), any OP must then hold a hearing, and Notice the alleged offender of the same. You should be allowed to be heard, in case the OP is a fraud or there are other problems.

Most people forego the...
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1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Texas on
Q: Good morning, My husband (which we are currently separated living in different homes) decided to have a protection

order against my church pastor (which this was informed to me verbally, but no written evidence was provided by him) even though I requested it. Me and my children go to this church, and is very small and the pastor, his wife and his family have become truly a family to us, helping us even in times... View More

John Cucci Jr.
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answered on Jan 19, 2024

Yes you can.

If there is an Order of protection against anyone, it must be Noticed to the person who it would be against. Thus, if there was an OP against the Pastor, he would have received Notice of it, and a Notice of a court date for him to dispute it.

If none of that has...
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1 Answer | Asked in Personal Injury for Texas on
Q: Should I pay the medical insurance out of pocket for the injury in a leisure soccer game or I would get sued?

We group of peoples play soccer for fun at weekend. Back to September 2023, we played as usually. I dribbled the ball facing the defender. At one moment, I lost the control on ball, and I tried to kick the ball away. The defender also tried to get the ball. His foot kicked on my leg, and he fell... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

A person who voluntarily participates in a sport or athletic activity, whether competitively or for recreation, generally assumes the risk of any injuries they may foreseeably sustain from such participation. Even a flagrant foul which causes a foreseeable injury falls within this concept called... View More

2 Answers | Asked in Personal Injury, Car Accidents and Insurance Defense for Texas on
Q: I was at fault for an accident and I’m having awful anxiety about being sued, it seemed minor at the time.
Gregory S Baumgartner
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Gregory S Baumgartner
answered on Jan 12, 2024

Being sued is certainly stressful, yet most of the time, needlessly. If this claim stems from an auto accident, contact your insurance company and let them handle the case and worry about it. If you have coverage, the insurance company will provide a qualified attorney to handle the matter. The... View More

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2 Answers | Asked in Personal Injury, Car Accidents and Small Claims for Texas on
Q: Will I be liable for other party's legal fees if I win only the same or less amount as first offered by the adjuster

I am going to sue the at-fault driver and owner for car accident in small claims court since settlement offered by the adjuster is too low. If the other party is represented by a lawyer from their insurance company, is it likely that I will be required to pay the fees for the lawyer if I win only... View More

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

If the settlement offer was made before a suit was filed, you cannot be held liable for the attorney's fees. However, after a suit is filed, there is a specific statute which allows a defendant to make a settlement offer during a lawsuit which could result in you being held liable for... View More

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1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: Yes I was wondering is there a list that your name gets on that no matter what it's about you can't get an attorney?

I have tried and told my story so many times now that it breaks me into remembering everything I have gone through and I don't even know that I can do it again I'll pay someone I don't need someone to work for free I just need help I'm so tired of being walked on and abused... View More

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

I have practiced law for more than 30 years and am unaware of any such list.

If you are experiencing grief or anxiety over the death of your service dog and/or are experiencing PTSD, you may need the help of a qualified mental health professional. While seeking such help decades ago may...
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1 Answer | Asked in Personal Injury, Child Custody, Civil Rights and Domestic Violence for Texas on
Q: Covid locked me in with my abuser just after I involved the law. I feel horrifically failed and broken. What can I do?

Ten years of being terrorized, i tried to leave before, he uses coercion, death threats, our child, and display of his wrath to keep me in his box. I decide I'll take my chances because ill die if i stay, press charges for felony assault, covid locks us down. He's 1000x worse because I... View More

James L. Arrasmith
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answered on Jan 2, 2024

In your situation, where you have faced prolonged domestic abuse and manipulation, it's crucial to seek immediate legal and protective assistance. Your safety and the safety of your child are of utmost importance.

Given the complexity of your case, involving domestic violence,...
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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 19, 2023

The 4th and 14th Amendment of the U.S. Constitution protects citizens unreasonable searches and seizures without due process. A wrongful or false arrest is a violation of civil rights. Generally, cases are pursued under 42 U.S.C. 1983 in which you can sue the police officer (person arresting you)... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Small Claims for Texas on
Q: Compensation-non-utilization of leased car,high emotional distress,unusual expenses due to 5 month repair of leased car

Adjuster is paying only for rental cars and $500 for emotional distress.We have 12000 unused miles on our lease which may not be utilized.We need the lease payments for this period to be reimbursed.We used Uber, food delivery only when we did not have a rental car.But the adjuster has refused to... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Yes, you can sue the at-fault driver. If the other driver is 100% at-fault, you can sue for the full amount of your compensatory damages including past and future pain and suffering and past and future mental anguish.

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3 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Was hurt at work. Insurance company treated herniated disc in my back. Now they are saying it was not part of the injur
John Michael Frick
John Michael Frick
answered on Dec 7, 2023

A herniated disc is a relatively common injury that can result from a work-related accident or several other possible causes. It can occur as a result of an acute trauma or develop gradually over time. Particularly in the latter case, it may go completely unnoticed by the patient and not produce... View More

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3 Answers | Asked in Civil Rights, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: Like file a civil suit against my Ex-employer for freedom of speech violation, which I was fired. statue of limitation?

Subject: Seeking Legal Representation for Complex Employment and Health-Related Case

I hope this letter finds you well. I am currently facing a complex legal situation that involves various issues related to my employment and health. After thorough research, I believe your expertise in... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Texas, the statute of limitations for filing a civil lawsuit for wrongful termination, which may include claims like violation of freedom of speech, depends on the specific nature of the claim. Generally, for wrongful termination claims, the statute of limitations is typically around two years,... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: What are typical settlement amounts for whiplash sustained in a fender bender car accident?

My brother is being sued for $1 million because 2 years ago his 16 year old son rear ended a car at a stoplight just after he got his license. The two passengers are both claiming to have permanent injuries due to whiplash. The complaint was filed a day before the statute of limitations would... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 30, 2023

There is no amount that can be determined without looking at all the facts.

You should hire your own attorney to make the insurance cover you and make sure they settle the case.

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1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: Wife was and is going through terrible for awhile and she went to the hospital ER here and they misdiagnosed her.

After they said she was fine, they sent her away with basic pain pill prescriptions and after another week of his pain, she went to her regular doctor and she was given the same tests as before: blood urine and such, but her doctor found she had e.coli!

She could have died she was told!

Joel Gary Selik
Joel Gary Selik
answered on Nov 29, 2023

It is a possible medical malpractice case. 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 your injuries...
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2 Answers | Asked in Personal Injury for Texas on
Q: I was assaulted at my place of employment by a member of management what’s my next step

Law enforcement was called to the scene. What happens next. What are the next steps to take legal action?

John Michael Frick
John Michael Frick
answered on Nov 20, 2023

Your first and most important step is to promptly report the assault to law enforcement.

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