Get free answers to your Personal Injury legal questions from lawyers in your area.
My truck was totaled by a door dash driver that fell asleep at the wheel. the trunk was not occupied, uninsured, and parked out side of my home. the driver is insured by USAA and they refused to pay due to her being on the clock with door dash and door dash with not contact me back. this incident... View More 
answered on Aug 24, 2023
You need to promptly sue the driver and DoorDash. The driver's personal automobile liability insurance will not cover the damage because, as indicated, the driver was operating his vehicle for a commercial purpose at the time of the collision. However, DoorDash has a commercial motor vehicle... View More
My son was injured at a neighbors house and required surgery and he is refusing to file a medical payment claim or provide me with his insurance information so I can file the claim. What should I do? I’m not looking to file a liability claim. Just a medical payment claim.
answered on Aug 23, 2023
Just because your son was injured at your neighbor's house creates no obligation on the part of your neighbor (or his insurance company) to pay for your son's medical treatment.
You need to file a lawsuit against your neighbor describing why your neighbor is legally responsible... View More
On April 1st 2022 I was thrown out of Christi Spohn Hospital Shoreline because I couldn't keep myself off of the floor while there because I was bleeding internally and also had damage to my back. My wife then rushed me to Bay Area where I was given 7 units of blood products and treated for a... View More
answered on Aug 23, 2023
Yes, a hospital can be held liable for patient dumping in Corpus Christi, Texas.
You will need to prove that you presented yourself to the emergency department for care and that the emergency refused to conduct a medical screening and/or refused to stabilize your condition because of your... View More
And what process can I go through to try to get him not to be paid he never even called he had been retained for 2 weeks
answered on Aug 22, 2023
The attorney probably can’t recover a full one-third contingency fee if the attorney has not performed any material work on a case.
Calling an adjuster may or may not be necessary in a lawsuit. But a delay of two weeks in a lawsuit that likely will last two years isn’t particularly material.
Was that letter for me or just a notice of the case filed against the other driver?
answered on Aug 28, 2023
No one in this forum can comment on a letter they haven't seen. Take the document to an attorney for review. Good luck.
They are not providing proper medical care
answered on Aug 19, 2023
My law office doesn't handle ERISA claims. If your claim does not involve negligence on behalf of the employer or other third party, it is almost impossible to obtain legal representation. For this reason, the Carrier's offer little to no support. I like to refer to it as fake... View More
I broke my right hand fingers in May and lost my Job in June and have been seeing a doctor and physical therapy to get my hand back and lost my insurance I'm July and they said thru don't have to cover any more medical treatment after July.
answered on Aug 11, 2023
Yes, the insurance company can stop paying if you did not elect to continue your health insurance after losing your job. You do have 105 days from the date your employee health coverage ended to complete and submit your COBRA Election form with your premium payment. Your employee health coverage... View More
Is asking for 5 million too much. My sf95 was denied and so was my appeal.
answered on Aug 10, 2023
You will need to include with your filing the required report of a medical professional in the same field of medicine and the same area of specialization as the healthcare provider who you are accusing of malpractice. Be sure you understand exactly what is required.
What is reasonable in... View More
answered on Aug 7, 2023
It is unclear from your question whether any claim of child abuse has been lodged, and further, whether the photo somehow includes a child whose custody is at issue. Evidence takes many forms both in civil matters and in family law cases. If a photo is properly authenticated (taken at the time... View More
I was misdiagnosed of a rare cancer in 2021, and received 14 series of chemotherapy on a weekly basis. I was was told that I have only 3 years to live without treatment and 5 years with treatment. I sought second opinion and after a PET scan, the diagnoses was not right, I don't have a... View More
answered on Jul 24, 2023
Yes, you might have a 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. The time limitations may also be an issue. Due to the nature of medical malpractice cases, the extent... View More
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answered on Jul 21, 2023
In Texas, a conviction for a domestic violence-related offense, such as Assault Causes Bodily Injury Family Member, can lead to the suspension or revocation of your CDL. The Federal Motor Carrier Safety Administration (FMCSA) has regulations that govern CDL holders, and certain criminal convictions... View More
I went in to have my tires changed. When removing the last lug nut on one of my tires it got stuck. The employee continued to try and remove it but stripped down the metal. They weren’t able to remove it and now I am paying over $300 out of pocket to have it fixed. What do I do?
answered on Jul 17, 2023
It would be difficult to prove that the Wal-Mart employee caused the damage to the last lug nut. If a lug nut is properly installed, it should be relatively easy to remove. It seems likely that the last person to put that lug nut on before you took your car to Wal-Mart improperly installed and... View More
Major "settling" cracks throughout the home. One portion of drywall has pulled away from another in an upstairs corner.
Am I entitled to anything? What can I do? What's a reasonable settlement?
answered on Jul 12, 2023
You may or may not have a valid claim depending upon the extent of the deflection or tilt measured by your structural engineer and what he determines is the cause. The foundation and major structural components of a home are subject to a minimum warranty period of ten years from the date of... View More
A minor was falsely accused of sexual abuse and questioned without parental consent by her dentist.
answered on Jul 10, 2023
This is an extraordinarily unusual situation and there is no clear 'area of law' that governs it.
Complaints about unprofessional conduct of a dentist can be made to the Texas State Board of Dental Examiners (https://tsbde.texas.gov/complaint-investigations-process/). This may... View More
Does sb14 give police officers the authority to arrest someone committing an offense against this law?
Can the female genital mutilation law from 1999 be used in conjunction with the new gender mutilation law, sb14? Also, I was told not a single DA would take a case with the charge from the... View More
answered on Jul 5, 2023
Built into the 1999 law is the following defense:
"It is a defense to prosecution under Subsection (a) that:
(1) the person performing the act is a physician or other licensed health care professional and the act is within the scope of the person's license; and... View More
If in an initial discussion with a dui attorney (before any paperwork or contract is signed between attorney and client), the prospective client admits to hitting and runing over and killing someone who was in the vehicle with her when the incident she got the dui for happened.. is the attorney... View More
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answered on Jul 2, 2023
Payment has no impact on the Attorney-Client Privilege.
It is the things a potential client or client says to the lawyer when seeking legal advice that is protected. In your situation, you are covered.
The reason is that the system protects the truthful statements of a potential... View More
My son was born preterm, with complications in 2016. I was recently diagnosed (by a different Dr. in 2023) with a heart shaped uterus-very rare and I should’ve been high risk during my entire pregnancy-but was never told this. I suffered complications because of it, and now will forever have... View More
answered on Jun 23, 2023
You and the child may have cases. 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.
The cases may or may not be beyond the time limit to sue. Consult with experienced... View More
Hello, when I was 16 years old I had a car accident with my brothers car, I didn't know he didn't have insurance at the time. Later on when I turned 18 years old, I got served with paper work saying there was a subrogation case against me for the accident. I was pregnant at the time and... View More
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answered on Jun 21, 2023
An SR-88 is usually used to renew a judgment.
If you have 10 years of non-payment, I would not do anything.
The statute of limitations on an existing Judgment in Texas is 10 years. Unless the Judgment creditor has re-filed, or renewed, the judgment becomes dormant, and usually,... View More
Recently my boyfriend was arrested for criminal mischief well he was in need of medical attention the officer stated that they were taking him to see the doctor but instead they took him to jail a week later I mailed him out and he was still having his episodes and the probation officer was... View More
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answered on Jun 26, 2023
In a competition between veterans and domestic violence victims, veterans will always lose. All the facts about getting the veteran help will always fall on deaf ears.
Was stopped behind a guy at a red light we got the green light and the Green arrow to turn left he started rolling forward then slammed on his brakes causing me to roll into the back of them there was no damage to my car mine are damaged to his back bumper he told the fireman he was okay I told the... View More
answered on Jun 15, 2023
A Texas attorney could advise best, but your post remains open for almost a week and action may be needed. Yes, you were told right about the insurance end of things. Your insurance company should take care of any claim(s) for property damages or injury from the vehicle in front of you. But you... View More
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