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Texas Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Texas on
Q: A case was filed to toll statute of limitations, on the last day of statute, the case was dismissed after, can I refile?

The case we dismissed due to not knowing about the court date, so it should be without prejudice. It is more than 120 days since the dismissal and over a year after statute.

Tim Akpinar
Tim Akpinar
answered on May 26, 2022

A Texas attorney could advise best, but your question remains open for two weeks. Most attorneys would probably want to see the court papers before advising you - whether the dismissal was with or without prejudice, the basis of dismissal, etc. If the dismissal is based on missing the statute of... Read more »

1 Answer | Asked in Personal Injury for Texas on
Q: took a settlement hope I'm not being scammed and it's fake but they only gave me $5,000 out of 35000

They claim they're holding the rest just make sure I don't have any outstanding medical bills it's been half a year

Tim Akpinar
Tim Akpinar
answered on May 21, 2022

A Texas attorney could advise best, but your post remains open for two weeks. You could ask for a breakdown of the figures for the case. No one here could know how the funds in your case will pan out. From what you describe, one possibility is that there could be large medical liens or... Read more »

2 Answers | Asked in Criminal Law and Personal Injury for Texas on
Q: Verbal assault legal at rocketfast car wash by there employees
Kiele Linroth Pace
Kiele Linroth Pace
answered on May 19, 2022

Maybe. It depends on the circumstances not as they actually were, but as reasonably understood at the time by the person who made the threat. Generally speaking, a threat of violence is legal in situations where the actual use of violence would be legal. Some common examples are in self-defense,... Read more »

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1 Answer | Asked in Personal Injury for Texas on
Q: What can I do if the attorney that I hired for an auto/ 18 wheeler accident is not providing me with medical treatment?

I have a fractured L1 vertebrae and 3 herniated discs. The accident was 9 days ago and have not seen anyone outside of emergency room.

Tim Akpinar
Tim Akpinar
answered on May 4, 2022

A Texas attorney could advise best, but your question remains open for a week. And the things you describe do not sound like superficial injuries - you mention a fractured vertebrae. I'm sorry this happened to you. Your attorney is not going to provide you with medical treatment. Your attorney... Read more »

1 Answer | Asked in Personal Injury for Texas on
Q: how to get illegal surveillance out of home

peeping system installed in my home while i was on vacation, is it subject for law suit

Rick  Davis
Rick Davis
answered on May 3, 2022

Yes, a person can sue another for such conduct under Texas Civil Practice & Remedies Code Section 98B.002

1 Answer | Asked in Personal Injury and Criminal Law for Texas on
Q: I have been a victim of simple assault by an adult can I charge him with assaulting a minor? I turned 18 6 months ago.

I have an audio recording of the man putting his hands on me and pushing me. There is also multiple cameras on property that caught exactly what happened video and audio. I want to know if there is a way I can charge him with assaulting a minor concidering I turned 18 6 months ago.

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 3, 2022

Texas does have a crime called "Injury to a Child" but that only applies when the victim is 14 years old or younger. So it sounds like this would be a regular misdemeanor assault. However, if the person is a parent, step-parent, guardian, or otherwise had a responsibility for your... Read more »

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Texas on
Q: I need to know if I can file a lawsuit

I need to know if I can file a lawsuit against the hospital who turned my 17 year old daughter away while she was in a cardiac arrest for she arrived at a later hospital and she died a minute after she arrived parents were never notified until after her death

Tim Akpinar
Tim Akpinar
answered on May 4, 2022

I'm very sorry for the loss of your daughter. This is a heartbreaking scenario. Only a Texas attorney can advise you on civil practice rules, but you originally posted three weeks ago. Please consider consulting with a Texas attorney WITHOUT DELAY if you contemplate legal action. Depending on... Read more »

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1 Answer | Asked in Personal Injury for Texas on
Q: Will or can u or someone in your firm help me with this case please I only have a few more months by what's say .

I think my lawyer played me. What reasons could he not represent me for ? Unless he idk one minute he was telling me that we can settle out of court for like 5 or 10 grand. I just needed to get a copy of the x rays. So I did and next thing I Kno he's dropping me. God bless and thank you for... Read more »

Tim Akpinar
Tim Akpinar
answered on May 1, 2022

A Texas attorney is in the best position to advise you here, but your question remains open for almost a week, and you express an urgency with regard to time. It isn't fully clear exactly what is going on here, but you ask what reasons your attorney could have for not representing you. No one... Read more »

1 Answer | Asked in Consumer Law and Personal Injury for Texas on
Q: I was eating at Denny's and there was a piece of broken plate fried in my pancake puppy and it broke my tooth off.

This happened july1 2021 do I still have time I had an attorney that but after I got ex rays he told me he could get $5,000-10,000 for it if I wanted to go ahead and settle, but then he said so to a client or case he took on he couldn't represent my kind of case. Can I still do something about it.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Apr 25, 2022

You have two years from the date the incident happen to file a lawsuit .

1 Answer | Asked in Education Law, Family Law, Personal Injury and Child Custody for Texas on
Q: I am the custodial parent of a 10 yr. old, the NCP withdrew her from school w/out my permission and moved, can I sue?

He has been violating judges orders and I am in the middle of filing a Petition for Habeas Corpus. I have no idea where he moved. How can the school allow that?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Apr 15, 2022

File a police report and have him arrested for interfering with custody it is a felony .

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for Texas on
Q: I was injured by a Razor scooter, caused by a dangerous design issue with the electric drive system. Need help!

I recently suffered a fractured radius (radial head fracture), persistent painful nerve damage, and deep tissue bruising in my arm, and lower leg. (calf/ankle area). I have been treated by the ER, and referred to an orthopedic specialist by my PC. I'm hesitant to go because I'm worried... Read more »

Leroy Scott
Leroy Scott
answered on Apr 1, 2022

Unfortunately, although scooters are fun and convenient, I've seen a number of these claims where riders are thrown from scooters due to various faulty designs. At this point, (and this is probably easier said than done) your top priority should be your health. However, please understand that... Read more »

1 Answer | Asked in Federal Crimes, Libel & Slander and Personal Injury for Texas on
Q: WHY ARE MOST ATTORNEYS AFRAID OF 1983 FEDERAL CASES AGAINST MUNICIPALATIES IS IT THE RETRIBUTION OR DAUNTING CHALLENGE

i have had two successful cases filed pro se where they were accused of assault illegal detainment 1st and 4th amendment violations and conspiracy on one and running me off the road on the other. In both cases they settled, i know this and what im up against and if someone took the time i could... Read more »

Leroy Scott
Leroy Scott
answered on Apr 1, 2022

Probably neither of the above. The more likely reason is that the 1983 suit against the municipality pretty much requires that the plaintiff proves that the municipality had an actual policy to violate the constitution. E.g., if a person is beaten up by the cops, to prove a 1983 case against the... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Texas on
Q: I was lied to about the burn on my back. This happened 11/20/2020. I've been trying to advice but no lawyer wants it

I received an Epidural and which I was stuck several times. The next day I felt bad pain in my back I asked many times what was back there. K was told it was a reaction from tape. While changing the bandage she didn't have enough supplies and so she stepped out. I got up and took a picture of... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 26, 2022

You do not have a medical malpractice lawyer because of the current law. Talking to the liaison is a good idea ,

1 Answer | Asked in Personal Injury for Texas on
Q: The general manager was swinging at me as I was holding my two-year- son should I take her to Cort
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 20, 2022

You have to have a injury to sue. File a complaint with the corporate office

1 Answer | Asked in Personal Injury for Texas on
Q: Emergency room forced me to leave after having fall at admintince desk. Can I cover my pain and mental suffering
Tim Akpinar
Tim Akpinar
answered on Mar 20, 2022

A Texas attorney could advise best, but your post remains open for two weeks. More information is needed here about the circumstances of the fall for an attorney to offer you meaningful guidance. You could reach out to attorneys to discuss. You could search for attorneys on your own, or you could... Read more »

3 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Civil Rights for Texas on
Q: Do i have a case against theft and prevention do they have the right to bodly hirt me and the other person?

I had shoplifted a pair of shoes and we walked out onto the sidewalk when 2 men regular clothed came up behind me grabbed me and my purse swung me around and was physically pulling me my friend said dont touch her and they borh grabbed him up and busted him against the wall and trash can and... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 19, 2022

They don't have a right to touch you. You need to get a lawyer and get the camera, I am sure they are going to say you hit them first or used force, That is how a simple shoplifting turned into a robbery,

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1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: How to get compensation for mental issues after 2 accidents? Can I get car repaired first and seek other damages later?

Our leased car was hit by another driver who was at fault.I am already suffering from severe anxiety & physical injuries from a previous accident last year & I am getting private disability payments.I am still getting treatment from a psychiatrist,surgeons have told me to undergo major... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2022

A Texas attorney could advise best, but your post remains open for a week. In looking more closely at your description and noticing that you have an attorney, she or he would be in the best position to answer your questions.

But in general nationwide, someone could have their car repaired...
Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Collections and Small Claims for Texas on
Q: There is a guy who has been booking massages around San Antonio and Austin, then running out without paying.

What can we charge him with? And what evidence would be needed?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 12, 2022

You can charge him with theft of services. If you know who he is charge him prior to getting his massage,

1 Answer | Asked in Family Law and Personal Injury for Texas on
Q: I want to know if I could sue the courts for not revoking my parental rights 15 years ago

The child is grown and I'm still paying child support and going to jail for it and I haven't seen that kid in over 15 years. The court should have been done revoke my parental privileges years ago they seen I didn't care about the child and I wasn't around I was a bad dad never... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 12, 2022

No you cant sue the courts, Bad dads still have to pay child support or sit in jail. You may want to try to be a good dad and then you may not resent paying child support.

1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: I was arested my dog was in my truck the city police had him impounded i gave y friends phone #

And found out my dog has been lost can i sue the?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 12, 2022

You can sue the faculty that loss your dog but not the police, Dogs are considered personal property .

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