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Texas Personal Injury Questions & Answers
1 Answer | Asked in Domestic Violence, Elder Law and Personal Injury for Texas on
Q: If I live with an elderly person and they are harming , neglecting and falsely accusing me of abuse. Can I get in troubl

We are no longer a couple we share different rooms in the same home. She called aps on me several times and self harms herself to say I caused it . She makes herself fall and will sit there without letting any one know she's fallen just to tell them I left her on the floor for hours. , she... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

You can be arrested and charged with a felony if a law enforcement officer believes that you physically hurt an elderly person, or that you neglected a duty to prevent them being hurt. The safest thing is to remove yourself from the situation.

1 Answer | Asked in Libel & Slander and Personal Injury for Texas on
Q: What does the Continuing Tort Doctrine apply to and how can it be used successfully?
Tim Akpinar
Tim Akpinar answered on Jan 6, 2022

A Texas attorney could advise best, but your question remains open for five weeks. As a GENERAL matter, the continuing tort doctrine arises when wrongful acts continue to inflict damages until they cease. But you must consult with a Texas attorney on this because different jurisdictions could rely... Read more »

1 Answer | Asked in Contracts and Personal Injury for Texas on
Q: If a disclaimer is legitimate for the liability of a guardian

An adult takes a minor that is not their child to a trip. Would a disclaimer with the minor's guardian make sure that the adult is not responsible for any accident happen during the trip?

Tim Akpinar
Tim Akpinar answered on Jan 3, 2022

A Texas attorney could advise best, but your post remains open for two weeks. As a general matter nationwide, some courts tend to frown upon certain types of injury disclaimers from the standpoint of public policy, despite the fact that they are used. You can continue to await a response here, but... Read more »

1 Answer | Asked in Personal Injury for Texas on
Q: Memorandum and the monroe doctrine proves I am heir to the Louisiana territory and gulf of Mexico . Right?

I am Robert Allen clark II my great great great grandfather was red cloud rev john clark and I'm crazy horse II .is that enough proof ?

Teri A. Walter
Teri A. Walter answered on Dec 16, 2021

The short answer is no. Being related to someone in the past is not at all sufficient to show your ownership of any property. For example, I'm related to my grandmother, but I certainly do not own the house she used to own before she died.

2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Q: how do you move forward with debt owed to a hospital no longer in business?

years ago i took my 1 1/2 yr old daughter to a "pop-up ER." They incorrectly inserted her catheter and caused 2 hours of pain because her bladder was blocked and unable to drain. Also, she was unable to speak to us to tell us what was hurting. An older nurse recognized the issue, adjusted... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 3, 2021

A Texas attorney could advise best, but your question remains open for two weeks. Until you are able to discuss in greater detail with a Texas attorney, it could be worthwhile to research whether you have anything in your records going back to the time you reached your settlement agreement. If you... Read more »

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1 Answer | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Yes i just need a little advice.i broke my ankle when i step on the back step that caved in.i got pictures.

I told landlord what happen? he said the place was ready but it was not.the pipes were busted the tolite was leaking its all unlevel no smoke alarms i fix it all after waiting on him to show which he never did.know he took me to court for eviction on 23november.i got approved for texas rent refile... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 1, 2021

A Texas attorney could advise best, but your post remains open for two weeks. I can't speak for the landlord-tenant aspects of your matter, but on your ankle, you could reach out to a personal injury attorney to discuss in further detail. You could search for attorneys in your area on your... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: I'm coming up on the end of a law suit window. how do I extend the window for a law suit

malpractice

Tim Akpinar
Tim Akpinar answered on Nov 29, 2021

A Texas attorney could advise best, but your question remains open for two weeks. As a general rule, I do not see SOL waivers granted in lawsuits involving the two categories you mention - personal injury or medical malpractice. Nationwide, it is not common in these high-stakes cases. Only a Texas... Read more »

1 Answer | Asked in Personal Injury and Health Care Law for Texas on
Q: I'm being accused of Flipping a child, there is footage of the event and this is the investigator's opinion need Help

The investigator told me "It looks like you fliped Him?" did you flip him I replied no! I was given the option to Resign or get Terminated by 8:00 am November 12, 2021 Also she asked if I had CPI training "Crisis Prevention Institute" I've worked for the Grand Prairie... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 19, 2021

A Texas attorney could advise best, but your post remains open for two weeks. You're asking for a professional to review the video. There are investigators and safety/security experts out there who could probably do that. Although the matter appears to involve a number of areas, an employment... Read more »

1 Answer | Asked in Personal Injury for Texas on
Q: WHAT HAPPENS IF DEFENSE COUNCEL AND MY OLD ATTORNEY SUBMITS FALSE DOCUMENTS IN A CASE AND CASE GETS DISMISSED?

CASE 14-21-00400-CV

Teri A. Walter
Teri A. Walter answered on Nov 15, 2021

The appeal is pending, awaiting the Appellee's brief. After that is filed, the appeals court will review the briefs and issue an opinion. No one can give you a prediction as to what that will be without reviewing the whole case.

1 Answer | Asked in Personal Injury for Texas on
Q: My husband was at a friend's house in east Texas cutting branches off of a large tree, as he was coming down he fell 30f

He was careflighted & had FLAIL CHEST, broken collarbone & friends said they had no insurance, what can I do?

Tim Akpinar
Tim Akpinar answered on Nov 7, 2021

A Texas attorney could advise best, but your question remains open for a week. I'm sorry for your husband's injuries. It looks like he was helping out a friend, so that would likely rule out workers' comp, which ordinarily involves injuries in the course of employment. If your... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: If your lawyer tells you to go back to work after surgery should you even though the Dr hasn't released you for work.

I have had neck and back surgery and he said why don't you go back to work doing what you did previously nad what I did was construction most companies won't hire me for customer service when I worked construction for 90%of my life and I can't receive disability or unemployment or... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 5, 2021

A Texas attorney could advise best, but your post remains open for four weeks. And this is not a question suited for a brief textbox response here. Not to evade your question - but this is a very important decision that you should discuss with your attorney. Your attorney has all your file... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Texas on
Q: Can a pro se case be save/re-energized by a Lawyer

My treatment and facts given in the 5th circuit court Amarillo

Division were totally ignored. Plus i knew of no case law tu associate with my case just State Statues.

Tim Akpinar
Tim Akpinar answered on Oct 26, 2021

A Texas attorney could advise best, but your question remains open for two weeks. It isn't fully clear what happened here or what is meant by "saving/re-energizing" a case. One option is to see if it's possible to arrange a free initial consult to look at the file and advise of... Read more »

1 Answer | Asked in Employment Law, Insurance Defense and Personal Injury for Texas on
Q: If I go back to work and get hurt again in my neck or back would I be able to sue for injury at the new job

I have had neck and back surgery and my attorney told me to go back to work in my field my field is construction

Tim Akpinar
Tim Akpinar answered on Oct 20, 2021

A Texas attorney could advise best, but your question remains open for two weeks. Based on your description, it does not look like a personal injury matter involving suing, but more likely a workers' comp claim. If the attorney you mention is handling your workers' comp claim, they would... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: I was recently involved in an auto accident, I was hit by someone who ran a red light, then a few seconds later I was ht

Again. The issue is I had a witness 2 actually ,who spoke to officer but officer did not include their statement on report as he said he did. So I am being blamed for everything. I ended up with a crushed wrist,had a plate and 8 screws put in,still have a broke bone that was found while doing... Read more »

Rick  Davis
Rick Davis answered on Oct 10, 2021

You need to call your own automobile liability insurance carrier. They will provide a defense for you. After you do that, you can hire a plaintiff's lawyer to assert your claims for you.

1 Answer | Asked in Health Care Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can you sue for denying access to health care if laws enable unvaccinated people to overwhelm hospitals?

Just a thought experiment, but needed to be asked. Understandably, it would be difficult for a private citizen to file suit against the hordes of unvaxed choking the health care system, much like the novel SB8's workaround. While I understand the concept of sovereign immunity, I still... Read more »

Leroy Scott
Leroy Scott answered on Oct 2, 2021

It’s all a big giant scary mess. I cringe every time I see political leaders on TV saying parents, the vast majority of which are not virologists and probably do not even own microscopes, should decide whether vaccines are in the best interest of their children. What if parents decide they should... Read more »

1 Answer | Asked in Personal Injury, Traffic Tickets and Car Accidents for Texas on
Q: I was at fault for an accident in the time my insurance lapsed. Now the other person's lawyer is asking for compensation

I recently moved and my insurance sent a letter to my old house saying that my policy was going to end soon. I didnt know this since I was at a new house and they didnt call nor email. During my accident I didnt stop in time at a stop light and rearended the person in front of me. I got cited for... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 29, 2021

Contact an attorney in whatever state you moved from who can tell you what the law is on cancellations. Save the paperwork you got that was forwarded. Postmarks are key--sometimes, insurance companies being cheap, they hold their mail for a few days for a bulk rate. That means if the letter was... Read more »

1 Answer | Asked in Personal Injury for Texas on
Q: Will a surgery cause my father to loose his job and will the company be able to pay for part of the expense?

My father got a hernia with working at the refinery right now hes needing surgery for it, if he advises the company that hes going to get surgery because of the hernia he recieved working there will he have a chance of loosing his job and is there a way for the company to help with part of the... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 29, 2021

A Texas attorney could advise best, but your question remains open for two weeks. If your father was injured in the course of employment, he should reach out to workers' comp attorneys. In such settings, workers' comp insurance should cover medical expenses and lost wages. Your... Read more »

1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Texas on
Q: My husband was in a at fault car accident. Due to clerical error on the insurance side.

They where trying draft auto pay from a different form of method than I had set up. The insurance on my vehicle then lapsed 2 days before the accident. I received a letter from the adjusters stating they where covering the cost of damage and could take it to any mechanic to be fixed. A few days... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 26, 2021

A Texas attorney could advise best, but your question remains open for two weeks and it sounds like time is of the essence in your response. I'm very sorry for your loss. A local attorney should advise on the specific operation of Texas law, but as a general rule in most jurisdictions,... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Texas on
Q: I first have to ask why? Tx will allow me 5 yrs to charge a man with robbing my house. But a doctor can

Overpump me with inducing meds till I rupture killing baby and I. Leaving broken parts inside causing terrible pain and years of torture and irreparable damage to my health though I have no clue for years later cause I’m no doc…….. how come I can only do something for two years ?????

Leroy Scott
Leroy Scott answered on Sep 8, 2021

The two-year period starts from the day you knew or should have known (if you had looked into your symptoms to see what was wrong) that the doctor had left something inside you, not from the date that the doctor actually left the parts in you. In other words, it is 2 years after you discovered that... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: How do I answer a lawsuit? I am being sued for an accident but my insurance company has settled with the plaintiff.
Katie Marie Charleston
Katie Marie Charleston answered on Aug 9, 2021

Were you served after the settlement? You should contact your insurance company and find out what happened so that you can be prepared for whatever additional case has been filed. If you have not been served and the case has settled, the insurance company should ensure the lawsuit is dismissed for... Read more »

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