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Texas Personal Injury Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Tumor found in my lung in July 2023. Was not informed until November of 2023 when second scan was done revealing it.

Pulmonary doctor told me I did not have cancer. Thoriatic surgeons told me i had cancer in Feb 2024. What are my options?

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

You need to consult an oncologist and surgeon to discuss your treatment options. This is more of a medical question than a legal question.

If you are asking about a possible malpractice claim, your question is confusing. You seem to say that a tumor was found in your lung in July 2023,...
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2 Answers | Asked in Personal Injury, Products Liability and Wrongful Death for Texas on
Q: How much to ask for as it relates to pain and suffering?

Spouse was diagnosed with stage four cancer at 47. He worked in contaminated train yard for 17 years. The contamination was unknown at time of diagnoses.

He said, come to his injuries and leave behind one spouse of 20 years, who he intended to send back to college because she was a stay at... View More

John Michael Frick
John Michael Frick
answered on Mar 8, 2024

Pain and suffering is a non-economic damage to compensate your spouse for the conscious physical pain he endured as a result of his exposure which caused his cancer up to the time of his death. It is recoverable by the personal representative of his estate in a survival action. How much to ask... View More

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2 Answers | Asked in Personal Injury, Products Liability and Wrongful Death for Texas on
Q: How much to ask for as it relates to pain and suffering?

Spouse was diagnosed with stage four cancer at 47. He worked in contaminated train yard for 17 years. The contamination was unknown at time of diagnoses.

He said, come to his injuries and leave behind one spouse of 20 years, who he intended to send back to college because she was a stay at... View More

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

I'm very sorry for the loss of your husband. I agree with my colleague on the pain and suffering element. It would depend on the nature, duration, and severity. You may already be represented by counsel, but if not, please keep in mind that if the railway entity you mention has public elements... View More

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1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: Yes, I can prove the city worker did NOT have my Consent or permission to neuter my cat! What are my Options?

The city worker asked if They could place traps to locate a missing orange cat! I gave her permission to do so nothing else! Instead, the city worker traps my cat and has my cat neutered without my consent or permission! I also have the city worker on Surveillance Admitting that they did it.

John Michael Frick
John Michael Frick
answered on Mar 6, 2024

Assuming you can overcome any official immunity defense and timely assert a claim against the City, you may be able to recover any diminution in value of your cat as a result of him being neutered. For example, if you could have sold the cat unneutered for $500, but neutered he can only be sold... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for Texas on
Q: Can I sue the animal shelter?

My animal was trapped by a city worker, stolen, and had his testicles removed without my permission or consent. Now my cat can NO longer breed, continue his blood line. Video surveillance as well.

I have before and after pictures.

Please help, or please put me in touch with someone... View More

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

It depends on the facts and circumstances of your particular situation. Many cities and towns in Texas have mandatory neutering laws. Although the terms can vary, a typical ordinance requires any male dog or cat over eight months of age to be neutered unless the owner obtains an intact-pet... View More

1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: I need a lawyer in San Antonio Texas because my roommate or should say a person who lives in the same house with me .

This person let my dogs out and one of them who I think he dumped miles away came back around 8 hours later with injuries and could barely walk and she (Scarlett) needs to go to the vet. My other dog was here at the house

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

First, this is a Q&A forum in which individuals ask a legal question and Justia lawyers have the option of answering the questions. If you are looking for a lawyer for a specific legal matter, you should use the "Find a Lawyer" option and search for a lawyer in San Antonio or Bexar... View More

3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?

I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a... View More

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

There are rare cases in which a doctor is negligent in administering an epidural and it causes a significant injury to the plaintiff. What happened in your particular case, however, will need to be carefully evaluated by a health care practitioner in the same field of medicine as the doctor who... View More

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3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?

I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a... View More

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2024

I'm sorry for your ordeal. It could be difficult for attorneys to answer your question based on the facts contained in the post. If a law firm felt that you might have a possible basis for a claim, they would retrieve your records and review with a doctor, possibly proposing diagnostic imaging... View More

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3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?

I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

Not all mistakes and omissions will amount to medical malpractice. You have to prove all elements of medical malpractice and have the expert certify that the particular doctor's conduct fell below the standard. Generally, you have one year to file a medical malpractice claim absent a very... View More

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2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Libel & Slander for Texas on
Q: If someone is mad and telling my boss church and everyone that I have hiv and it's caused me to quit 2 diff jobs

I even had to move a town over because of the slander.

James L. Arrasmith
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answered on Feb 1, 2024

If someone is spreading false and damaging information about you, such as falsely claiming that you have HIV, it could constitute slander, which is a form of defamation. Defamation occurs when false statements are made about an individual that harm their reputation. To address this situation, you... View More

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1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Litigation for Texas on
Q: Recourse if post trial I learned ex's retained expert witness in mod case had serious undisclosed conflict of interest?

My child's former psychologist testified as a retained expert witness for my ex in a modification case finalized 08/22. I discovered recently that the psychologist filed for her own divorce a week after receiving retainer from my ex to be expert witness.

Additionally, Psychologist had... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2024

I don't think that the psychologist's own divorce proceeding is relevant or creates a conflict of interest. I don't think the psychologist had a duty to disclose that information during litigation. Barring truly unusual circumstances, I think any mention or evidence concerning the... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: During pregnancy my concerns were ignored and I got a renal infection due to lack of action. Is this a malpractice case?

Duing my second pregnancy, I brought my concerns to multiple OBGYN's about pain and other symptoms, and even specified what I was experiencing did not feel normal, but kept getting told the second pregnancy feels different and it's worse for me because I didn't wait at least a year... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 30, 2024

It may be malpractice. 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.

Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: During pregnancy my concerns were ignored and I got a renal infection due to lack of action. Is this a malpractice case?

Duing my second pregnancy, I brought my concerns to multiple OBGYN's about pain and other symptoms, and even specified what I was experiencing did not feel normal, but kept getting told the second pregnancy feels different and it's worse for me because I didn't wait at least a year... View More

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2024

I'm sorry for your ordeal. Unfortunately, it could be difficult for any attorney here to meaningfully answer your question. One option would be to reach out to attorneys to try to set up a free initial consult. Law firms that handle such cases extend that courtesy, and some firms make... View More

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1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Education Law for Texas on
Q: Can a teacher who has been cleared of wrongdoing remain on paid administrative leave indefinitely?

I'm a teacher who has been on paid administrative leave for months. The allegation was investigated and determined to not have happened (false allegation by disgruntled student). I have never had problems at the school, I have never been reprimanded or written up, my evaluations have always... View More

James L. Arrasmith
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answered on Jan 30, 2024

In your situation, remaining on paid administrative leave indefinitely after being cleared of wrongdoing is not typical. School districts generally have policies and procedures regarding the duration of administrative leave, especially after an investigation concludes with no evidence of... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I went to my local dentist to have my temporary crown taken off and replaced with my new crown two months ago. The dent

The dental hygienist that worked on me used metal players to supposedly remove the temporary crown. Pulling downward as hard as she could it wouldn’t come off. At least on three attempts the metal plyers slipped and hit my bottom teeth hurting me each time. I asked her are you sure you are... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 28, 2024

You do have a potential case.

Medical malpractice means that a dentist violated the standard of care. A bad outcome is not enough. Another dentist would be needed to evaluate what the dentist did. What occurred here appears to be malpractice.

Due to the nature of dentist...
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3 Answers | Asked in Personal Injury for Texas on
Q: I have frozen shoulder, 3 tendons in my arm that have tendinosis, ostearthritis, spinal stenosis, spondylosis, and

diabetic neuropathy that all cause quite a bit of pain. Plus lately I have started having nerve pain(?) in both of my outer thighs (stinging, electrical, burning, sensitive, complete numbness) and can also give me a crushing pain in my outer thighs and knees that even wakes me up crying. I am on... View More

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

This is a question that you need to ask a doctor in the relevant field of medicine, not a lawyer. Only a licensed medical practitioner can tell you what is "normal" in the treatment of your medical conditions.

There are numerous studies and other medical literature which indicate...
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3 Answers | Asked in Personal Injury for Texas on
Q: I have frozen shoulder, 3 tendons in my arm that have tendinosis, ostearthritis, spinal stenosis, spondylosis, and

diabetic neuropathy that all cause quite a bit of pain. Plus lately I have started having nerve pain(?) in both of my outer thighs (stinging, electrical, burning, sensitive, complete numbness) and can also give me a crushing pain in my outer thighs and knees that even wakes me up crying. I am on... View More

James L. Arrasmith
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answered on Jan 25, 2024

Dealing with chronic pain and complex medical conditions like yours can be incredibly challenging, and managing your treatment effectively is crucial. It's not uncommon for doctors to suggest weight loss as part of managing certain health conditions, as it can sometimes alleviate symptoms.... View More

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1 Answer | Asked in Personal Injury for Texas on
Q: Should I pay the medical insurance out of pocket for the injury in a leisure soccer game or I would get sued?

We group of peoples play soccer for fun at weekend. Back to September 2023, we played as usually. I dribbled the ball facing the defender. At one moment, I lost the control on ball, and I tried to kick the ball away. The defender also tried to get the ball. His foot kicked on my leg, and he fell... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

A person who voluntarily participates in a sport or athletic activity, whether competitively or for recreation, generally assumes the risk of any injuries they may foreseeably sustain from such participation. Even a flagrant foul which causes a foreseeable injury falls within this concept called... View More

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Texas on
Q: I bonded my Son out for a violation of an Ex Parte Protection order that he had no knowledge of. NONE!

We now know she had a Protection order filed in one county and then withdrew and started one in another county. No knowledge of either and no motion to transfer jurisdiction as well.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2024

While it is possible to get an Order of protection started and signed, Ex Parte (one sided), any OP must then hold a hearing, and Notice the alleged offender of the same. You should be allowed to be heard, in case the OP is a fraud or there are other problems.

Most people forego the...
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1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Texas on
Q: Good morning, My husband (which we are currently separated living in different homes) decided to have a protection

order against my church pastor (which this was informed to me verbally, but no written evidence was provided by him) even though I requested it. Me and my children go to this church, and is very small and the pastor, his wife and his family have become truly a family to us, helping us even in times... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024

Yes you can.

If there is an Order of protection against anyone, it must be Noticed to the person who it would be against. Thus, if there was an OP against the Pastor, he would have received Notice of it, and a Notice of a court date for him to dispute it.

If none of that has...
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