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Texas Personal Injury Questions & Answers
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

1 Answer | Asked in Personal Injury, Civil Litigation, Libel & Slander and Legal Malpractice for Texas on
Q: What can I do about my former/fired attorney sending a letter claiming false accusations about me to current attorney?

I was involed in an auto accident in july 2022. My first lawyer was fired for cause in January 2024. The reasons included failing to provide LOPs so i could seek treatmen lack of communication, not being licensed in my state failing to submit PIP funding to my ins after i signed it.

which... View More

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

You should inform your current attorney that the accusations being made are false.

Not being licensed to practice law in the state where the lawsuit was filed is very likely good cause to terminate a lawyer's services unless the lawyer was admitted to practice in that court pro hac...
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1 Answer | Asked in Employment Law, Personal Injury, Employment Discrimination and Libel & Slander for Texas on
Q: A year ago, I discovered my boss was spreading lies to fire/bully me out of my job.

My boss tried to fire me by spreading false rumors that I was threatening and bullying coworkers. She falsely claimed in a group chat with other managers that I was a gangster and mentally unstable. The store HR representative accused me of being a warlock/witch who casts spells. After discovering... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

Employment discrimination requires proof that your employer took adverse employment action against you based upon an unlawful reason such as your race, color, nationality, ethnicity, sex, age, disability, religion, or pregnancy. Your employer can lawfully take adverse employment against you based... View More

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: Can I seek more compensation after verbally accepting a settlement offer?

I was on a test drive in a car and someone pulled out infront of me . Their insurance has accepted full liability. They called and made me an offer to settle. I accepted verbally but have yet to sign anything. Can I rescind the offer and seek more compensation even though I did agree verbally?... View More

Natasha S. Walker
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answered on Jun 25, 2024

It is possible that you could withdraw your acceptance, but it depends on several factors. How much time had passed between the time the incident occurred and the time the offer was made to you? Were you injured as a result of their insured driver, and if so, did you or were you seeking the... View More

1 Answer | Asked in Personal Injury for Texas on
Q: Can I sue my attacker on a domestic violence case for personal injury causing Traumaic PTSD, broken nose , medical bills
Tara Gilmore-Low
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Tara Gilmore-Low
answered on Jun 19, 2024

The question is not really CAN you sue this individual versus does this individual have assets such that he/she could satisfy a judgment if one is obtained. Yes, you have civil recourse, but this person may or may not be solvent. It is not LIKELY there would be any insurance to satisfy any... View More

3 Answers | Asked in Personal Injury for Texas on
Q: How long do you have to sue a city in TX after an accident due to negligence of the city's hike and bike trails?

My husband and I were riding our bikes on a city trail, 6 days after an ice storm. The ice was gone everywhere after 4 warm days, but there was some still left under some overpasses, and it was very hard to see. Both my husband and I fell, I sustained 8 injuries to my knee which resulted in a... View More

James Clifton
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James Clifton
answered on Jun 15, 2024

If you want to sue a city for an accident due to negligence, such as an injury on a city's hike and bike trails, you must follow specific procedures and timelines due to the concept of governmental immunity and the requirements under the Texas Tort Claims Act (TTCA).

Before filing a...
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3 Answers | Asked in Personal Injury for Texas on
Q: How long do you have to sue a city in TX after an accident due to negligence of the city's hike and bike trails?

My husband and I were riding our bikes on a city trail, 6 days after an ice storm. The ice was gone everywhere after 4 warm days, but there was some still left under some overpasses, and it was very hard to see. Both my husband and I fell, I sustained 8 injuries to my knee which resulted in a... View More

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2024

Consider a free initial consult with a law firm without delay to confirm exact timetables for applicable notice of claim requirements for all possible agencies or entities involved. Prompt action could also be necessary to preserve any video surveillance data - a consult could also address those... View More

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3 Answers | Asked in Personal Injury for Texas on
Q: How long do you have to sue a city in TX after an accident due to negligence of the city's hike and bike trails?

My husband and I were riding our bikes on a city trail, 6 days after an ice storm. The ice was gone everywhere after 4 warm days, but there was some still left under some overpasses, and it was very hard to see. Both my husband and I fell, I sustained 8 injuries to my knee which resulted in a... View More

Tara Gilmore-Low
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Tara Gilmore-Low
answered on Jun 20, 2024

Generally, you have two years to file a lawsuit against a governmental entity under the Texas Tort Claims Act. However, be aware that you normally must provide notice of the claim to the City or other governmental entity. Most of the time this notice MUST be done within 180 days, however, each... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Texas on
Q: I live in TX and was injured in a car accident. Insurance is paying 50000. How much can my attorney take? And his Dr's?

There was no trial or anything however they have been denying me treatment since March. My neck and back are seriously hurt. I am only 42 and I dont trust my attorney, even though he got policy limits. I will have to live on this and pursue a personal claim which he won't do. I am now... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

Generally speaking, a PI attorney can suggest doctor referrals to a client but those doctors are the client's doctors, not the attorney's doctors. PI attorneys sometimes do so because those doctors will accept letters of protection (LOPs) pursuant to which they will provide treatment to... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Texas on
Q: I live in TX and was injured in a car accident. Insurance is paying 50000. How much can my attorney take? And his Dr's?

There was no trial or anything however they have been denying me treatment since March. My neck and back are seriously hurt. I am only 42 and I dont trust my attorney, even though he got policy limits. I will have to live on this and pursue a personal claim which he won't do. I am now... View More

Tim Akpinar
Tim Akpinar
answered on Jun 16, 2024

The best way to answer your question is to check the retainer you have with your attorney. Attorney fees are usually a percentage in personal injury cases. Nationwide, one-third is commonly used by many firms, with some charging a higher percentage if a matter is placed into suit. You mention that... View More

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1 Answer | Asked in Personal Injury for Texas on
Q: Where can I find an attorney that will take on a case where mentor Textured implants caused me to get ALCL breast cancer

I can’t find an attorney to take my case

John Michael Frick
John Michael Frick
answered on May 30, 2024

Given the recent federal court ruling (https://news.bloomberglaw.com/litigation/mentor-worldwide-defeats-suit-alleging-defective-breast-implants), you will most likely need to hire an attorney who is already involved in such litigation. This ruling will likely be appealed.

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: malpractice from the PCP my husband goes to

My husband was diagnosed with having a lung disease called Interstitial lung disease. Which has a mortality rate of 3-5 years. His PCP diagnosed him on August 12, 2022. He just found out in April 24, 2024. So it's been 2 years since the diagnosis. Because my husband can die within the next 3... View More

John Michael Frick
John Michael Frick
answered on May 29, 2024

First of all, this sounds like a health care liability / medical malpractice question, and not a legal malpractice question.

Second, just because your husband has received a diagnosis of an incurable terminal disease does not necessarily mean that your husband's primary care physician...
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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: malpractice from the PCP my husband goes to

My husband was diagnosed with having a lung disease called Interstitial lung disease. Which has a mortality rate of 3-5 years. His PCP diagnosed him on August 12, 2022. He just found out in April 24, 2024. So it's been 2 years since the diagnosis. Because my husband can die within the next 3... View More

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2024

I'm sorry for your family's ordeal. You could reach out to discuss with law firms in further detail, with the benefit of having medical file records. An important issue that will need close examination here is what caused the communication breakdown with the diagnosis between August 2022... View More

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1 Answer | Asked in Small Claims, Car Accidents and Personal Injury for Texas on
Q: Can a lawyer change the settlement amounts based on the policy holder requesting an even split amongst passengers?

Three passengers injured in car accident. Insurance pays the 60k limit. Policyholder now upset that the other passengers are getting a bigger settlement based on their injuries. So policyholder now requests an even split amongst passengers no matter the extent of their injuries or medical... View More

Tim Akpinar
Tim Akpinar
answered on May 28, 2024

A Texas attorney could advise best, but your question remains open for two weeks. If the other passengers sustained more serious injuries, they're supposed to receive larger awards. That's what bodily injury awards are based on - severity of injuries. They also depend on liability, but... View More

3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case?

On Sept. 20, 2023 I took a bad fall and shattered my left femur in half and tore ligaments in my left foot along with fracturing 2 metatarsals and broke 4 toes on my right foot. Surgery had to be delayed until Sept. 23 due to damaging my kidneys and needing a blood transfusion. So all along up... View More

Gail N. Friend
Gail N. Friend
answered on May 13, 2024

Based on the information you provided, your injuries occurred 8 months ago, due to trauma significant enough to fracture bones in both extremities, complicated by infection. What you did not provide is information about your underlying medical conditions, and prior medical history. We also have... View More

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2 Answers | Asked in Personal Injury, Tax Law and Collections for Texas on
Q: I'm wondering if my creditors could get their hands on money i received from injury settlement?

I received injury settlement can my creditors take from my account from these monies?

Also do I have to pay tax on the settlement?

Tim Akpinar
Tim Akpinar
answered on May 2, 2024

It could depend on who the creditors represent. In terms of taxes, pain and suffering are generally not taxed. The other damages could be treated differently. This is something your attorney, or a tax attorney should advise on after seeing the breakdown of the types of damages your case involves.... View More

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2 Answers | Asked in Personal Injury, Tax Law and Collections for Texas on
Q: I'm wondering if my creditors could get their hands on money i received from injury settlement?

I received injury settlement can my creditors take from my account from these monies?

Also do I have to pay tax on the settlement?

James L. Arrasmith
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answered on Apr 27, 2024

The answer to your questions depends on the specific circumstances of your case and the laws of your jurisdiction. However, here are some general considerations:

1. Creditor claims on settlement funds:

In many cases, settlement funds from a personal injury claim are protected from...
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2 Answers | Asked in Personal Injury for Texas on
Q: It took over 6 mo.for the lawyer to get me to see a lung Dr due to a black spot on my right lung in the middle of it an

an now I'm having breathing problems if I would of seen a lung Dr when I told the lawyer I wouldn't have to do breathing treatments the rest of my life he failed to get me a Dr when I first told him an my wife has to have back surgery an the same thing with her it took him that long to... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Typically, lawyers are not involved in making arrangements for patients to see doctors. That being said, pulmonologists are a type of specialized doctor that is in high demand. When my internist referred me to my pulmonologist, the earliest appointment I could get with her was more than six... View More

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1 Answer | Asked in Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: Why are emergency rooms in Florida and Texas refusing to help a pregnant women? Two instances where this happened?

Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?

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

A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: I have a question, about money I get every month from a settlement from my dad passing away in a two 18-wheeler accident

I was 11-12 years old and my mom was the one who made the decisions on when I get my money and how much I’m able to get at a certain period of time. And now that I’m an adult I think that’s it’s now my choice to change how I receive that money.

John Michael Frick
John Michael Frick
answered on Apr 1, 2024

If the settlement agreement gives you the choice on how to get the money now that you are an adult, follow the terms of the settlement agreement as it pertains to notifying whomever is holding the money for your benefit. Since this is not a typical situation, it will depend on what the exact... View More

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