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Texas Personal Injury Questions & Answers
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.... Read more »

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... Read 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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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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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... Read 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... Read 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... Read 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... Read more »

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... Read 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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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... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 1, 2023

The only way to do this is to contact medical malpractice attorneys in your state. Medical malpractice cases have many requirements and are expensive to pursue. Therefore, many attorneys require significant damages before they can take on a medical malpractice case. This can be made even worse... Read more »

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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... Read 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... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 13, 2023

Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your 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....
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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... Read 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... Read 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... Read 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... Read more »

Jimmy Doan
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Jimmy Doan
answered on Feb 26, 2023

The reality is that determining what technically is known as “legal liability” for injuries you sustained while riding in a Lyft carshare can be complicated. With that said, the information that you received there is “nobody you can go after” if you have sustained injuries caused by someone... Read more »

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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... Read 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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1 Answer | Asked in Personal Injury and Consumer Law for Texas on
Q: My insurance company mixed my personal information with a family members but didn't tell me. How can this be resolved?

I share a similar name with a grandparent and although they dont even drive, my insurance company considers them insured under the same policy. When I was injured in a car crash an adjuster created a PIP CLAIM using my grandparents identity and my medical information (combining the two). I... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2023

A Texas attorney could advise best, but your question remains open for a week. A starting point could be to reach out to the claims office that originally mixed up the names and ask them to clarify their records. However, if the PIP claim was several years ago, it's possible the carrier closed... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: If I’m involved in a personal injury lawsuit can the check effect my social security disability payments?

My attorney refuses to cut me a check after years stating it would affect my disability social security. Is this true?

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

A personal injury settlement can, but does not necessarily, affect your social security disability payments. If a portion of the settlement is for lost wages, it can affect the amount of your payments. If the settlement is for past and future medical expenses, pain & suffering, property... Read more »

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