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Texas Personal Injury Questions & Answers
2 Answers | Asked in Insurance Bad Faith and Personal Injury for Texas on
Q: Can a insurance company just stop paying an open claim if you lost your insurance.

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.

John Michael Frick
John Michael Frick
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

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3 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I need to file a claim against Brooke Army medical center pro se. Is it hard, do I need to attach medical records?

Is asking for 5 million too much. My sf95 was denied and so was my appeal.

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Car Accidents, Insurance Bad Faith, Criminal Law, Family Law and Personal Injury for Texas on
Q: Can a person use a car accident photo as abuse and also use it in their settlement claim?
Elisa  Reiter
Elisa Reiter
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

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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Misdiagnosed of a rare cancer

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

Joel Gary Selik
Joel Gary Selik
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

1 Answer | Asked in Family Law and Personal Injury for Texas on
Q: Will ASSAULT CAUSES BODILY INJURY FAMILY MEMBER affect CDL
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Personal Injury for Texas on
Q: Can I get Walmart to pay for damages to my car?

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?

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Personal Injury and Construction Law for Texas on
Q: I purchased a home 8 years ago & the builder did not level the foundation. Major cracks and issues. What can I do?

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?

John Michael Frick
John Michael Frick
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

3 Answers | Asked in Libel & Slander, Medical Malpractice and Personal Injury for Texas on
Q: where can I find a healthcare lawyer who handles general negligence, medical negligence, & unprofessional conduct?

A minor was falsely accused of sexual abuse and questioned without parental consent by her dentist.

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Does sb14 give police officers the authority to arrest someone committing an offense against this law?

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Criminal Law, DUI / DWI and Personal Injury for Texas on
Q: Is counsel obligated to inform law enforcement if client admits to killing someone b4 any official contract is signed.

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

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Can I sue a Dr. for missing a diagnosis that caused my son to be preterm and complications during pregnancy?

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

Joel Gary Selik
Joel Gary Selik
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...
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1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Car Accidents for Texas on
Q: If I get a form SR-88 signed by my county clerk to dismiss a subrogation case after 10 years, can they still persue me?

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

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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,...
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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Texas on
Q: Failed to recognize a veteran in crisis in need of medical assistance and charged with crime

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

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Criminal Law, Personal Injury and Car Accidents for Texas on
Q: I received a citation form 353-3 here in Dallas in regard to an accident last November don't know what I'm supposed

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Personal Injury for Texas on
Q: Can a reply email? Have Has much validation, has a certified letter. And can it be used to stauer someone?
Tim Akpinar
Tim Akpinar
answered on Jun 16, 2023

A Texas attorney could advise best, but your question remains open for a week. The question isn't fully clear - it's possible some parts could have been left off in posting. If you repost, do not include personal information. This is a public forum. Good luck

1 Answer | Asked in Personal Injury, Civil Litigation, Insurance Bad Faith and Small Claims for Texas on
Q: Does a replied to email hold has much validation has a certified letter dose in court in Texas?³

Stowers someone for over policy limits

John Michael Frick
John Michael Frick
answered on Jun 10, 2023

An email can be effectively used to transmit a Stowers demand to an opposing party’s insurance company.

The benefit of certified mail is you have clear documentation of delivery.

But you can also request a delivery or read receipt to an email. And often, the recipient will send...
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1 Answer | Asked in Personal Injury, Constitutional Law, Gov & Administrative Law and Libel & Slander for Texas on
Q: Texas, 2002, report of Class C offenses by municipalities to DPS was optional. Does that make it a proprietary function?

Proprietary function as defined in the Texas Tort Claims Act. The report itself was completely false, as in added in error. No such arrest was made, yet it was entered and cleared 2 more stages of review before being transmitted beyond the municipality.

The entry made it all the way to my... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

This question relates to municipal liability and asks if a governmental function done ineptly or negligently by the municipality reverts to a proprietary function (a mo-and-pop-shop) so that liability attaches and no claim of governmental immunity stands.

We do not get nearly enough...
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1 Answer | Asked in Personal Injury, Civil Rights and Domestic Violence for Texas on
Q: if an 18 year old male and a 16 year old female fight who would be in the wrong?
John Michael Frick
John Michael Frick
answered on May 30, 2023

It depends on the facts and circumstances leading up to the fight.

1 Answer | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Texas on
Q: How do you obtain salvage value in Texas?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

Total loss value in Texas is calculated using the National Automobile Dealers Association (NADA) guide to determine the listed retail value of the accident vehicle as of the date of loss.

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Hello i have a question to see if i may have a case i have a dr that put a device n my leg he told me that it would not

harm my leg ok it is causeing me to have an infection not once but twice he knows this he wont remove it he has blocked my phone calls and not responding to me

John Michael Frick
John Michael Frick
answered on May 8, 2023

A medical malpractice claim requires that a doctor’s act or omissions fall below the standard of care of doctors in the same area of practice in the same or similar circumstances. The mere presence of an infection does not necessarily mean the doctor’s actions fell below the standard of care.... View More

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