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Texas Personal Injury Questions & Answers
2 Answers | Asked in Land Use & Zoning and Personal Injury for Texas on
Q: SCAM ARTIST IS SUEING ME SAYING THAT HE FELL ON MY PROPERTY. LIES!

I've Stressed out my mind over this cause i know its not true. He claims that my grass was SUPER HIGH and he couldn't see that the water METER wasn't covered. He also said that I told him it was MY FAULT(Lies). Last week I contacted the water Company about it and they sent Me a pic... View More

John Michael Frick
John Michael Frick
answered on May 3, 2023

You can’t successfully countersue for emotional pain in this situation.

Mental anguish is difficult to quantify and is always subjective. The law limits the types of actions in which mental anguish is compensable to deter claims which cannot be objectively proven. Mental anguish...
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1 Answer | Asked in Personal Injury, Cannabis & Marijuana Law and Car Accidents for Texas on
Q: I was in a car accident January 12, 2023. NOT my fault. Got arrested for marijuana.

I was at a complete stop when a truck hit me going 70 mph. I was injured cop asked me for my license which was in the car in hidden compartment. I had been given a nug (less then a gram) of weed, a grinder and a pipe the day before. I had it in my car because I was currently staying with a friend... View More

John Michael Frick
John Michael Frick
answered on May 2, 2023

It is typical for first time drug offenders to receive probation, community service, and a small fine.

While many people think that is just a slap on the wrist, other people find it is sufficient to deter future similar criminal behavior.

If you don’t feel the punishment is right,...
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1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: My employer forced me to get the COVID-19 vaccination as a condition for hire after executive order GA-40 was in effect.

My employer forced me to get the COVID-19 vaccination as a condition for hire. I had inquired if there was any other way to get hired without having the COVID-19 vaccination and I was informed that there was not. I had found out later that there were exemption forms for existing employees after... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

Under Texas Executive Order GA-40, the only penalty for an employer requiring an employee to receive a COVID-19 vaccine is a fine of $1,000 under Texas Govt' Code Section 418.173. It does not create a private cause of action that you can sue under. Moreover, you have not suffered any... View More

2 Answers | Asked in Family Law, Personal Injury and Civil Rights for Texas on
Q: Even though I am an adult living with my parents, are they allowed to deny me access to water or the bathroom?

Since December 27th of 2022, my parents have been locking me in the garage with no insulation, with no access to water or the bathroom.

Sharita Blacknall
Sharita Blacknall
answered on Apr 24, 2023

Leave and seek assistance if necessary.

In Texas, there are various resources available to help victims of abuse and neglect, including adult protective services, domestic violence hotlines, and legal aid organizations. It is important to know that you have the right to live in a safe and...
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3 Answers | Asked in Personal Injury for Texas on
Q: I live in Harris County, Mud71 Katy, TX.

who do I sue if my foot fell in a water meter on a customers property. I was cleaning her car for her and when i left my foot fell in the water meter. Whose Liable? Is it the Citys Property or the ladies property. The water meter is place at the edge of the road.

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

This is most likely something your worker’s compensation insurance will cover as you were providing services for a customer in the course and scope of your employment.

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1 Answer | Asked in Criminal Law, Personal Injury and Appeals / Appellate Law for Texas on
Q: Can a probation officer add probation violations after a summons even though I was in jail waiting to go to rehab?

I had a summons on February 3,2023 and went into custody that day and I spent 49 or close to 54 days in jail till I was transferred.

And I looked online the other day and now there are like 13 violations that isn’t true and forged my name on a court document as well as presented a false... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2023

Unfortunately, the PO and the DA are allowed to amend or add to the list of violations. They have to follow the rules and have to serve you again with the added charges as a matter of law.

If you have had some bad breaks, then you will need to tell the court about your situation and...
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1 Answer | Asked in Personal Injury and Products Liability for Texas on
Q: My loved one was hurt due to an adverse reaction to a medication would he be able to push the case in a different state?

Aprox early 2018 he had a severe adverse reaction to a medication he was prescribed and only recently has become mentally cognizant enough to realize how badly he was hurt. He wishes to push a case forward against the manufacturer but every lawyer we've talked to has had completely differing... View More

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2023

A Texas attorney could advise best, but your question remains open for a week. The type of case you describe is sometimes handled as part of a multidistrict litigation (involving various courts nationwide). These cases are sometimes complex in terms of venue (the issue of which district court a... View More

1 Answer | Asked in Personal Injury and Health Care Law for Texas on
Q: I was put in a choke hold by a nurse in the ER while trying to step outside, which aggravated existing neck problem.

I'm in Texas, I was at hospital voluntarily, stepped out to smoke a cig earlier, and was going to come right back like the first time, but a nurse came up from behind me and put me in a choke hold.

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2023

A Texas attorney could advise best, but your question remains open for two weeks. One option is to reach out to attorneys in Texas to try to set up a free initial consult. Such free consults are the norm with injury cases nationwide. Any attorney reviewing the incident would want more detail - if a... View More

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: What legal risks am I facing? Are the owners of the car I was driving at trouble?

If i had a car accident and I didn’t have insurance and I’m not the owner of the car. The police report put me at fault and the other driver passed away, but I know it wasn’t my fault. The tow driver talked to some witnesses and they told him there was another truck who hit the suv that hit... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 2, 2023

Did the owner of the car he e insurance or do you have any insurance on a car you own. If they sue you and are successful you will lose your driver's license.

1 Answer | Asked in Personal Injury for Texas on
Q: Marcus can u please help me get my boyfriend home i will appreciate it if u can get back with me
John Michael Frick
John Michael Frick
answered on Apr 1, 2023

This is an open public Q & A forum, not an individual’s private email.

If you are trying to contact a specific person, you should write to that specific person’s email directly.

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: How can I find a medical neglect attorney who would take my case if it is not worth hundreds of thousands of dollars ?

I injured my leg pretty bad and at the time didnt know my ankle was fractured. Next to my primary care doctor was a doctor who had orthopedic sports medicine specialty on his door he was only a DO. I made an appt. My leg was bruised from the top of the knee all the way down to my foot was black... View More

John Michael Frick
John Michael Frick
answered on Apr 1, 2023

The best way is to offer to pay an hourly fee plus all case expenses.

Clients with medical malpractice cases often expect an attorney to take their case on a contingency fee and to front all case expenses which can be substantial.

It rarely makes sense to do so unless the realistic...
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1 Answer | Asked in Personal Injury for Texas on
Q: Being threatened with a subpoena for deposition out of state

An ex-boyfriend of mine, who still stalks me to this day, is having me subpoenaed for deposition for a personal injury lawsuit that he filed. I don’t want anything to do with this man or this lawsuit. How do I get out of this? I live in Texas the lawsuit is in Las Vegas. I know he’s going to... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 1, 2023

A party to a lawsuit can enter settlement negotiations at any stage in the process. Ask him what it would take to settle the case to buy your peace. If a case doesn’t settle then you have to continue fighting it.

1 Answer | Asked in Personal Injury for Texas on
Q: Can you sue a manager from a retail store for physical abuse with out doing nothing to cause for the action.And for a

Do you have a time limit to charge a person for a criminal case

John Michael Frick
John Michael Frick
answered on Mar 19, 2023

You can sue the manager for your personal injury up to two years after the incident occurred.

Only the district attorney can charge the manager with a crime. The DA does have a time limit to do so but is highly unlikely to do so at all if you did not call police to report it when the...
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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: The hospital gave me a medication 900 mg higher than my usual dosage which caused me to be admitted to a rehab facility.

I was prescribed gabapentin at 1200 mg a day while in the hospital and in the rehabilitation center. While in the hospital I went from being able to barely walk from sickle cell pain to not being able to walk without the assistance of a wheelchair or walker with extreme tremors! The hospital then... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 15, 2023

You have a potential medical malpractice case consult with experience, Medical Malpractice attorneys in your state

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....
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3 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Can I sue my doctor for negligence after a cortozine shot that left me paralysis for few mins

I went for injection for my neck pain .after the injection my body was numb I couldn't feel my arms or finger for like 5 mins .so I didn't have a driver to take me home so I drove and park some were cause I was scared .so I manage to call my wife and told her about the situation. So she... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2023

You can sue your doctor for medical malpractice if his actions fell below the standard of care for a practitioner in his field of medicine.

You will need to present expert testimony from another practitioner in the same field as to what the standard of care is, how your doctor’s actions...
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1 Answer | Asked in Personal Injury for Texas on
Q: My wife was shopping at Walmart and was injured slightly win a 2 L of Coke fell off the shelf, hitting her on the head.

She filed a report with Walmart and was contacted my question is, is there any possibility of a case that has been several months and my wife still suffers from migraine headaches, and never actually went to the doctor because of the injury

John Michael Frick
John Michael Frick
answered on Mar 9, 2023

There is a slim possibility of a case and, since your wife did not incur any medical expenses, her damages if successful will be quite small.

Walmart is a fairly sophisticated and complex organization. You will want an experienced personal injury attorney in order to make sure you sue the...
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2 Answers | Asked in Personal Injury for Texas on
Q: My broke his clavicle in atheletics whille playing a game the coach told them to play. What should I do about it.
John Michael Frick
John Michael Frick
answered on Mar 6, 2023

In most instances, you cannot sue anyone for injuries that occur during an organized sports event.

In rare instances where the injury was caused by deliberate malicious conduct outside the scope of contact expected in the game, you may be able to sue the person who caused the injury....
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: How can a dentist, (reported and suspended twice, and another report) keep practicing?

#19 was crowned, pain ignored. Year later, new dentist was appalled at the pain & crown on wrong. Dental college was shocked, & agreed w/mercury poisoning (killed my Service Dog), I wasn't expected to live. 5 Amalgams out to quick, as my chart was not read, and NO protocol followed for... View More

John Michael Frick
John Michael Frick
answered on Mar 3, 2023

If a professional is suspended by their licensing board but practices their profession anyway during the period of their suspension, they could face civil fines, the revocation of their license to practice, and in some cases, criminal penalties for practicing without a license.

If your...
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1 Answer | Asked in Animal / Dog Law and Personal Injury for Texas on
Q: My cat has suffered brain damage from anastasia at the vets office. Was having surgery to pull 2 teeth. Now he can't eve
John Michael Frick
John Michael Frick
answered on Feb 27, 2023

If you think you can prove Anastasia caused your cat’s brain damage, call the vet office to get her full legal name and send her a demand letter for the full fair market value of your cat. Unless the cat is an unusually rare pure breed, it is likely that she or her employer will pay you the... View More

2 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Small Claims for Texas on
Q: I need surgery from an accident where I was a passenger in a lyft. I'm told I'm responsible nobody else. Can you help?

My driver did not have underinsured or personal injury the guy who slammed into the back of us did not have insurance and lyft states they are not responsible because their drivers drive their own cars. I've had two criminal attorneys work with me for a few months but let me go due to... View More

John Michael Frick
John Michael Frick
answered on Feb 24, 2023

The driver who slammed into your Lyft is likely ultimately responsible under the facts you describe.

As the provider of a computer app, Lyft is unlikely to have any responsibility.

Unless your Lyft driver is also partly responsible for the collision, that driver is likely not...
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