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Texas Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Civil Litigation for Texas on
Q: I won a tow hearing and won the appeal. Can I sue for time missed working and stress/ medical.
John Michael Frick
John Michael Frick
answered on Nov 21, 2024

Ordinarily, mental anguish damages are not recoverable for temporarily being deprived of the use of personal property like a motor vehicle.

It would be very difficult to prove that the temporary deprivation of your motor vehicle was a proximate cause of missed time from work unless you can...
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2 Answers | Asked in Personal Injury for Texas on
Q: Doctor said my wife needed it to go to a nursing home and possible surgery after a fall. Does she have a case?

Living at this apartment complex for two years and my wife fell at dropbox to pay the rent the sign at the location say night deposit. We are encouraged to pay the rent there when the office is closed. There was an extremely large plant that's blocking it and the plant looked as if it was... View More

James Clifton
PREMIUM
James Clifton
answered on Nov 9, 2024

Property owners and managers have a duty to maintain the premises in a reasonably safe condition for tenants, visitors, and other lawful guests. If the apartment complex failed to maintain a safe environment near the rent drop box, your wife may have a strong case for premises liability. If the... View More

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1 Answer | Asked in Personal Injury for Texas on
Q: Can I sue my dentist for stopping a root canal midway, leading to severe pain, infection, and tooth extraction?

I went to my dentist for a root canal, but she stopped midway, citing discomfort with an unfamiliar assistant. She referred me to an endodontist, but the earliest appointment was weeks away, leaving my tooth exposed. I returned to the dentist after a few days due to pain, and she removed the nerve... View More

Daniel Estrada
PREMIUM
Daniel Estrada
answered on Oct 28, 2024

If your complaint is against a Texas dentist, you may either file a complaint with the Texas State Board of Dental Examiners or file a dental malpractice lawsuit in a Texas District Court or both. The primary issue in any dental malpractice case is whether the dentist deviated or breached the... View More

3 Answers | Asked in Personal Injury and Car Accidents for Texas on
Q: Were we offered a fair settlement or should we consult an attorney?

My spouse was injured in an auto accident where the other driver was negligent and at fault. He had pre existing spinal injuries that were worsened in the accident as well as new injuries including.

Injuries (New)

L2 - Disc bulge.

L3-4 - Bilateral facet arthrosis.... View More

Tim Akpinar
Tim Akpinar
answered on Nov 13, 2024

My colleagues raise good points. Looking at the findings that your case presents, some of them appear to be degenerative in nature, which means that at trial, the opposing attorney would argue are not causally related to the impact of the accident (things like arthrosis, scoliosis).... View More

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1 Answer | Asked in Legal Malpractice, Medical Malpractice and Personal Injury for Texas on
Q: If my lawyer didn't file motion own time an got dismissed,an refiled it under new cause number is he causing malpractice
John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Maybe but not necessarily.

If a personal injury lawsuit is dismissed without prejudice, it can be refiled as long as the statute of limitations has not expired. On the other hand, if the statute of limitations expired before the second lawsuit was filed AND you would have definitely won...
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3 Answers | Asked in Personal Injury for Texas on
Q: I was in a carcrash may 2023 in Texas had serious leg injury can I sue

I am still unable to walk need another surgery. My problem is I’m British I spend lot of time in Texas as my daughter lives there .

I had one surgery in Mexico and now waiting next surgery in uk I saw a lot of chiropractors in Texas in February March April and May so I’ve seen a lot of... View More

James Clifton
PREMIUM
James Clifton
answered on Oct 16, 2024

If you were the passenger, you can bring a claim against the at fault driver, whether it is the driver of the car you were in or the driver of the other car. The biggest issue that you currently face is the statute of limitations, which requires you to bring the claim within two years of the... View More

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3 Answers | Asked in Personal Injury for Texas on
Q: I was in a carcrash may 2023 in Texas had serious leg injury can I sue

I am still unable to walk need another surgery. My problem is I’m British I spend lot of time in Texas as my daughter lives there .

I had one surgery in Mexico and now waiting next surgery in uk I saw a lot of chiropractors in Texas in February March April and May so I’ve seen a lot of... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Yes, you can potentially sue for the injuries you sustained in the car crash, even though you are British and the accident happened in Texas. The fact that you were a passenger and not the driver could actually strengthen your case, as you likely had no control over the events leading to the... View More

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3 Answers | Asked in Personal Injury for Texas on
Q: I was in a carcrash may 2023 in Texas had serious leg injury can I sue

I am still unable to walk need another surgery. My problem is I’m British I spend lot of time in Texas as my daughter lives there .

I had one surgery in Mexico and now waiting next surgery in uk I saw a lot of chiropractors in Texas in February March April and May so I’ve seen a lot of... View More

Tim Akpinar
Tim Akpinar
answered on Oct 22, 2024

You could sue. It would be advisable not to delay further in seeking guidance about your legal rights, since this took place in 2023 - heed the statute of limitations issue raised by my colleague. Don't wait to gather all medical records before consulting with an attorney - between the three... View More

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1 Answer | Asked in Personal Injury and Small Claims for Texas on
Q: Bone fragments in chicken nugget.

I am seeking legal advice on a situation that occurred at a McDonald's in Willis Texas. they're claims company has reached out and offered me a settlement but I'm not sure if I should sign or if I should seek more. I only have about $200 in medical bills and a wound on the roof of my... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

A Texas attorney could advise best, but your question remains open for a month. However, it would be difficult for any attorney to advise without seeing your medical records. If the wounds were superficial and passing in nature, offers are likely to reflect that. I hope you are okay. Again, any... View More

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: I live in Texas and was in a car accident. Can I negotiate the $2,000 the other insurance co is offering?

I live in Texas and was in a car accident in Sept. I received info from the other insurance company today that I am not at fault. It was road rage by the 25 y/o female. I'm 65 y/o. I pay out of pocket and then submit to PIP for my doctor visits, MR, x-rays, and PT. The insurance will pay for... View More

James Clifton
PREMIUM
James Clifton
answered on Oct 11, 2024

Compensation for damages arising from an automobile accident is always negotiable. The amount of damages you receive is a combination of medical expenses, physical damage to your body, damages to your vehicle, and pain and suffering. When you are not represented by an attorney, the at-fault... View More

2 Answers | Asked in Personal Injury for Texas on
Q: How long should a personal injury case stay pending in a civil court? Who can give me (the plaintiff) information on a

Motion to Withdraw case left pending? This is my third Attorney...This personal injury case should be under scrutiny. How can I (the plaintiff) go about requesting a "default judgment" with the civil court judge, without any legal representation? I should probably present the matter if my... View More

Tim Akpinar
Tim Akpinar
answered on Oct 22, 2024

It could depend on the court backlog and other issues related to the progress of the case. Some cases could be concluded in less than a year, while some could go on for six or seven years, depending on the complexity or the way attorneys for both sides are handling things. This sounds like a... View More

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2 Answers | Asked in Personal Injury for Texas on
Q: How long should a personal injury case stay pending in a civil court? Who can give me (the plaintiff) information on a

Motion to Withdraw case left pending? This is my third Attorney...This personal injury case should be under scrutiny. How can I (the plaintiff) go about requesting a "default judgment" with the civil court judge, without any legal representation? I should probably present the matter if my... View More

John Michael Frick
John Michael Frick
answered on Oct 11, 2024

A typical personal injury case will go to trial in 24-36 months. If a defendant was properly served and has not filed an answer, you can file a motion for default judgment with a military service affidavit and certificate of last known address and schedule a prove-up hearing for damages. Make... View More

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2 Answers | Asked in Personal Injury and Products Liability for Texas on
Q: I had a stabilizer bar that broke on my ford while driving and I couldn't turn the wheel

I had a stabilizer bar that broke on my ford while driving and I couldn't turn the wheel I quickly stopped and saw that that a weld had broken i welded the part to make it home under further inspection I discovered that the original part shouldn't even have any welds and someone had... View More

John Michael Frick
John Michael Frick
answered on Oct 7, 2024

Assuming that you purchased the vehicle new and it is still in warranty, you likely have a claim against the manufacturer under the warranty to have the stabilizer bar properly replaced.

If you bought the vehicle used, it is most likely you bought the vehicle "as-is" and that any...
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2 Answers | Asked in Personal Injury and Health Care Law for Texas on
Q: Hello,My name is Charles and my mom was in the care of a caregiver at time of her accident when she was left alone.

The caregiver brought her back from an appointment and left her alone while using her walker on the sloped driveway. She fell and broke her arm and has been hospitalized since. This happened on 8-20-2024. We have all kinds of surveillance videos of what happened and they are deeply disturbing. The... View More

James Clifton
PREMIUM
James Clifton
answered on Sep 30, 2024

Based on the details you provided, you may have grounds for legal action against the caregiver and the agency responsible for her care (Home Watch Caregivers). The caregiver's negligence, such as leaving your mother alone on a sloped driveway and being distracted on the phone, could be key to... View More

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2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Are apartment owners liable if their employees forget to lock the pool gates and someone gets hurt
John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Maybe if the failure to lock the gate was negligent and the injury was foreseeable. The trier of fact will have to allocate responsibility for the injury among all culpable parties, including the person who was injured. If the person injured was a child, the child likely would not be allocated a... View More

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2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Are apartment owners liable if their employees forget to lock the pool gates and someone gets hurt
James Clifton
PREMIUM
James Clifton
answered on Sep 25, 2024

Apartment owners can be held liable if their employees neglect to lock pool gates, leading to an injury, based on principles of premises liability and negligence in employment.

Apartment owners have a legal duty to maintain their property in a safe condition, which includes securing pool...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I was told that I would die if I left the doctors care at a rather huge hospital. They stole my phone & gave me drugs.

Bad drugs and they failed to investigate with my Pharmacy & the Mayo Clinic Drug side effects. I insited on leaving. I found out the Side effects were vey dangerous, which is why I ended up ther in the first place. I still do not have a phone, and this keeps me from doctors and working. This... View More

Gail N. Friend
Gail N. Friend
answered on Sep 22, 2024

With few exceptions (such as that you are a threat to yourself of others - as determined by physicianS - You have a legal right to privacy, property and to communicate with persons who are not within the scope of a health care facility's authority. THEREFORE, I suggest that you confer... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Hello. I have a question in regards to hiring a different attorney on my workers comp case in Texas.What is the process?

My accident is work related. The forklift was pulling on a bundle of conduit and the Strap Broke, While i was in the trench, caught me blind sided. I was treated by the ambulance and fire dept. The initial MRI showed i had suffered brain tissue was swollen and a brain tumor was diagnosed. My... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

A client can fire his own attorney at any time for any reason. The old attorney will still be entitled to compensation for services rendered up to the date of his termination. A new attorney often will not agree to take over a case until you have first paid the previous attorney as agreed.

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2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Hello. I have a question in regards to hiring a different attorney on my workers comp case in Texas.What is the process?

My accident is work related. The forklift was pulling on a bundle of conduit and the Strap Broke, While i was in the trench, caught me blind sided. I was treated by the ambulance and fire dept. The initial MRI showed i had suffered brain tissue was swollen and a brain tumor was diagnosed. My... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Sep 9, 2024

While you are always free to fire and then hire a new workers' comp attorney, the 2nd attorney will, in many cases, not be willing to represent you because you have to make sure your first attorney doesn't have a big attorney fee bill that needs to be satisfied first. Attorneys like to... View More

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1 Answer | Asked in Personal Injury and Small Claims for Texas on
Q: If I think I was harmed due to negligence what are the steps that I need to take to sue a plasma donating facility?

Thus just happened yesterday

James Clifton
PREMIUM
James Clifton
answered on Aug 31, 2024

First seek medical attention. Then, document your injuries and get a professional medical opinion to connect your injury to the facility's negligence.

Second, gather evidence, such as any relevant documents, witness statements, and photos.

Last, schedule a free consultation to...
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