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Texas Personal Injury Questions & Answers
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
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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

1 Answer | 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

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

A Texas attorney could advise best, but your question remains open for a month. However, it would be difficult for any attorney to advise without seeing your medical records. If the wounds were superficial and passing in nature, offers are likely to reflect that. I hope you are okay. Again, any... 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.

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
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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
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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
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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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1 Answer | Asked in Government Contracts, Libel & Slander and Personal Injury for Texas on
Q: Can a group of individuals target a person in the state of Texas and watch them 24/7 inside their home and or apartment

Track them everywhere they go saying it's drugs when I don't have a background history of drugs

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

Yes, a group of private individuals as long as they do so otherwise lawfully. For example, they could not break into the person's home to plant a hidden camera or microphone.

1 Answer | Asked in Personal Injury, Wrongful Death, Arbitration / Mediation Law and Civil Litigation for Texas on
Q: Can I sue a county jail for negligence in Texas?

The jail was cited 30 days later for leaving 3 doors unsecured which resulted in my son obtaining a jailer’s personal keys and escaping, led police on a chase and ended with police shooting my son in the back and killing him.

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

Yes, you can sue a county jail in Texas for negligence, but probably not successfully on the facts you describe. Your son's escape and subsequent confrontation with police was most likely the proximate cause of his death and not the negligence of leaving the doors unsecured. Your son's... View More

2 Answers | Asked in Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Please let me know as soon as you can.
Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

Part of your question may have gotten left off. Try reposting - something is missing. Good luck

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2 Answers | Asked in Personal Injury, Civil Litigation, Wrongful Death and Criminal Law for Texas on
Q: Can I sue a jail if 3 doors were left unsecured and my son escaped?

The jail was sited with a non compliance 28 days after this incident. My son hijacked a car, led police on a 107 mile chase that ended with police shooting my son in the back. He died later that day.

Gary K. Burger Jr
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Gary K. Burger Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024

I'm sorry for you loss. It sounds like a very painful way to lose a loved one.

There is likely an issue of sovereign immunity in this case, as it involves a government agency. This exempts agencies and their employees from being held responsible, though there are exceptions such as if...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: CAN I SUE TEXAS FOR VIOLATIONG MY DUE RIGHT'S PROCESS TAKING ME TO TRAIL AND REFUSING ME A LAWYER?

THE SAME TRAIL I WAS BEAT BY THE OFFICER IN HANDCUFFS. I'M A SPEACAIL NEEDS NIGERIAN COLLEGE TRANSFER STUDENT WITH NO VIOLANT HISTORY.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Yes, you may have grounds to sue Texas for violating your due process rights. Being denied a lawyer and experiencing police brutality, especially as a special needs individual, are serious issues. Under the Sixth Amendment, you have the right to legal representation, and the Fourteenth Amendment... View More

2 Answers | Asked in Personal Injury, Products Liability and Small Claims for Texas on
Q: What’s an appropriate settlement amount for food poisoning ?

Diagnosed with food poisoning by hospital, out of work for a week. Had proof of the that it was the restaurant’s responsibility. I want to be fairly compensated but I also wasn’t to be fair to the company as well.

John Michael Frick
John Michael Frick
answered on Jul 17, 2024

One week's lost wages plus whatever you paid for medical treatment for the food poisoning.

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1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Q: I was injured at work by the skid steer operate with a faulty lever that was not fixed by the employer.

I was told to clean the excess dirt off of a bucket from a skid steer and the operator maybe through negligence closed the claws on me crushing me resulting in trauma to left shoulder and chest. The machine that caused the accident has had a bad lever (responsible for closing and opening the claws... View More

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

Receiving a Form 1099 instead of a Form W-2 is evidence that you were an independent contractor and not an employee, but in and of itself, it is not dispositive. Some companies misclassify employees as independent contractors to try to avoid having to withhold federal income tax and payroll taxes... View More

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