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Texas Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Texas on
Q: Can my attorney charge me 66.66% attorneys fees and a secondary attorney charging me 33.33% on my personal injury case
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jan 8, 2021

That seems like overreaching. From the percentages you list, you would essentially receive nothing from your own personal injury case.

2 Answers | Asked in Personal Injury for Texas on
Q: I have a personal injury case set for mediation. Does a mediator help to decide liability or damages

I was injured and rendered permanently disabled in large home improvement store

Matthew Valley
Matthew Valley answered on Dec 30, 2020

No, a mediator's job is simply to serve as a facilitator towards the goal of reaching an agreement. The mediator doesn't represent either side, and the mediator doesn't get to determine liability or damages. Importantly, you aren't forced to enter an agreement if you are in mediation.

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1 Answer | Asked in Personal Injury and Social Security for Texas on
Q: I am 56 and lost my job of about 30 years because of a work injury that left me with a permanent weight restriction.

I am going to file for SSDI. Should I apply for unemployment so that I can have income while waiting to hear if I qualify for SSDI? I think I may qualify with a grid rule. I received Workman's Comp for 2 years.

Susan Michele Schaefer
Susan Michele Schaefer answered on Dec 24, 2020

Yes, you can apply and receive unemployment benefits while you apply for SSDI benefits. It is a practical approach. Be aware, however, that there is a contradiction in getting both benefits since unemployment requires you to be ABLE to work and actively look for work, and SSDI approval requires... Read more »

3 Answers | Asked in Employment Law and Personal Injury for Texas on
Q: Is being terminated under a doctor's care legal

My wife is a health care provider and was grocery shopping for her client at HEB and had a slip and fall accident. She contacted her employer and went to there workmans compt doctor . We also hired a law firm for the accident and they told her stop seeing the work man's comp doctor and have... Read more »

Carrie Dyer
Carrie Dyer answered on Nov 25, 2020

More information is needed to answer your question. An employer is not required to hold your wife's position open for her for an indefinite period of time if she is unable to return to work. Being under doctor's care does not provide blanket protection from termination. Whether your... Read more »

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1 Answer | Asked in Car Accidents, Criminal Law, Personal Injury and DUI / DWI for Texas on
Q: My wife was arrested and charged with Intoxication Assault w Serious Bodily Injury (a 3rd degree felony).

Her lawyer advised it would be better to plea to Agg Assault w/ Deadly Weapon (a 2nd degree felony). Is there any sense to pleading to a higher degree felony? Probation is offered in both cases by the prosecutor.

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 24, 2020

As a general rule, a second-degree felony is more serious than a third degree. However, nobody on this forum is in any position to second guess your wife's attorney. There are reasons why this could make sense, so your wife should simply ask her attorney for an explanation.

For...
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1 Answer | Asked in Identity Theft, Personal Injury and Small Claims for Texas on
Q: Going Thur a identity theif I don't know how to do it. But I honestly believe it is at home thing and four years of
Tim Akpinar
Tim Akpinar answered on Nov 20, 2020

A Texas attorney could advise best, but your post remains open for four weeks. When you say you are going through identity theft, it isn't fully clear whether you were the victim... or whether you are being accused of committing identity theft by authorities. If you were a victim and had your... Read more »

1 Answer | Asked in Contracts, Personal Injury, Car Accidents and Collections for Texas on
Q: I'm not happy at all with the low settlement offer from attorney.options?

I was in an accident where they had it closed down to one lane of traffic and the concrete arm off of a Mack truck swing out in front of us and busted through the windshield it could have killed us if we had been going fast enough which I feel like is a major mess up on their end the guys already... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2020

A Texas attorney could advise best, but your question remains open for a week. Your post raises many issues and could be too involved for a simple response such as "do this," or "do that." As a GENERAL matter, it is possible that what you describe could result in a lien on your... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Texas on
Q: Can I make someone give me the 911 dispatch records and make the defendant give me the video tapes from there recording.

I have a case in the court and my trail is set the case involved Metro. Transit. They have not given the video tapes up and Harris co. Tells me there is no 911 record but I have the call number for the accident to the EMS service and the fire

Tim Akpinar
Tim Akpinar answered on Nov 7, 2020

A Texas attorney could advise best, but your post remains open for two weeks. If a defendant or third party will not provide tapes, as a general matter in virtually all jurisdictions, an option is to subpoena such evidence. However, if your case made it to the trial calendar, that would suggest... Read more »

1 Answer | Asked in Identity Theft, Personal Injury and Small Claims for Texas on
Q: Going Thur a identity theif I don't know how to do it. But I honestly believe it is at home thing and four years of
Tim Akpinar
Tim Akpinar answered on Nov 5, 2020

A Texas attorney could advise best, but your question remains open for two weeks. From the brief description, it isn't clear whether you're a victim of identity theft or you're a defendant facing identity theft charges. If you are the victim, carefully review your banking, credit... Read more »

1 Answer | Asked in Personal Injury for Texas on
Q: If I co-sign for my son's truck, other than being liable for payments am I liable for for accidents / damage in TX
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 27, 2020

If your son is 18 years older or older and you are only obligated on the debt secured by your son's truck, but are not a co-owner, it is very doubtful that you could ever be held responsible for any accidents caused by your son in it.

1 Answer | Asked in Personal Injury for Texas on
Q: My lawyer just advised me that my Underinsured coverage insurer has agreed to pay out the full policy before

The liability insurer has even agreed to a settlement. She wants me to sign the release now. I told her I don’t want to sign anything until everything is finalized with all insurers and I see a breakdown of where the money is going. She said ok. Am I doing the right thing here? I mean,... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 9, 2020

A Texas attorney could advise best, but your question remains open for two weeks. As a general matter, it would be good to see the breakdown of figures on any case. The questions regarding the liens would be best addressed by your attorney. This appears to be a complicated case, and that's... Read more »

3 Answers | Asked in Car Accidents, Personal Injury and Small Claims for Texas on
Q: Is the vehicle owner liable instead of driver in Texas? Can the owner be sued?

Driver was not the registered owner. A claim was then filed against her insurance company after the accident. She provided her insurance information to me. Her insurance declined the claim. The Insurance do not provide liability coverage for any person for that person's liability arising... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 4, 2020

In theory, an injured Plaintiff might sue the owner of a car even if the owner was not driving under a cause of action for "negligent entrustment."

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1 Answer | Asked in Personal Injury and Criminal Law for Texas on
Q: Can an armed commissioned security guard put his hands on you in Texas if he hasn't been threatened?

An armed security guard attempted to kick down my door at my apartment. A series of events had happened between me and my significant other, however it was not for the security guard to get involved in. He made inaccurate assumptions about what was happening and he continued to harass me at my... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 1, 2020

This question is marked as New Jersey and Texas. It is also marked as Personal Injury and Criminal. The following answer is only applicable to criminal law in Texas:

Texas has very loose use of force rules, so whether his actions were legal depends on what you did and what the security...
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1 Answer | Asked in Personal Injury for Texas on
Q: Can my son's girlfriend sue CVS for slipping in the mud in front of their store, breaking her ankle?

They are homeless, living in Garland TX, She slipped it the mud on the sidewalk and broke her ankle in 10 places. She will need 2-3 months in a rehab facility, but they have no insurance, so no place will take her. They are literally living in a storm drain right now and she is not going to be... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 27, 2020

A Texas attorney could advise best, but your question remains open for two weeks. In terms of your question about her options, a comprehensive answer would be pages long, depending on a number of factors. The practical answer to your question is for her to consult with a Texas attorney who handles... Read more »

3 Answers | Asked in Personal Injury for Texas on
Q: Do Texas drivers involved in a wreck out of state have to use Laywers from that state?

I was involved in an auto accident in Oklahoma in July. Was rear ended on Interestate after having to stop at over 40 MPH on I 35 by a truck towing another truck. Car was totaled. My insurance company setteled with my car damages but the company of the car that hit me is only claiming half... Read more »

Robert C. Slim
Robert C. Slim answered on Sep 8, 2020

You can hire an attorney in Texas. It is possible, though, that your attorney will either have to partner with an Oklahoma attorney or refer your case to an Oklahoma attorney if a lawsuit has to be filed. It’s also possible that Texas may have jurisdiction over the trucking company. That way, a... Read more »

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1 Answer | Asked in Personal Injury for Texas on
Q: I was walking in a gas station and there been a water leak on the outside for quite a while where green alge growing

I feel hard the gas station attendant didn't offer no help he rushed me out the store told me pay for it later. He was acting like he just wanted me to go im hurting feel hard I have picture of the water leak outside on the walk way and in parking place where people park have to get out of car... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 3, 2020

A Texas attorney could advise best, but your post remains open for two weeks. You ask what should you do? If you are considering a claim for your injuries, you could reach out to attorneys to discuss in further detail. An attorney could investigate the accident and assess the merits of your case.... Read more »

2 Answers | Asked in Personal Injury for Texas on
Q: I am a gate vendor my product I sell to a large company is recycled pallets one day on turn in I was severely electrocu

They had a another business with a industrial grinder with extended boom after I received my check the boom struck a power line and I was electrocuted by 80000 volt from wire throne 25 has lost feeling in my right side of my body also the use of my grip and right on now the large company is putting... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 29, 2020

I strongly encourage you to contact an attorney with substantial experience in Personal Injury.

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1 Answer | Asked in Domestic Violence, Family Law and Personal Injury for Texas on
Q: I am a victim of domestic violence. My offender pleaded guilty to a class c misdeameanor. I want to sue him in civilct

I need references to an attorney that can help me. The abuse happened in his home in Desoto Texas.

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 27, 2020

If you want to sue for money damages then you're probably looking for an attorney who practices Personal Injury law.

A guilty plea to a Class C misdemeanor domestic violence may not, in and of itself, help you prove any significant monetary damages. There are two types of class C...
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1 Answer | Asked in Personal Injury and Car Accidents for Texas on
Q: Hi! I was hit as a pedestrian by a car and would like to ask how can I claim the driver's insurance my medical fees.
Robert C. Slim
Robert C. Slim answered on Aug 24, 2020

Your best bet is to consult with an attorney. Handling cases like this by yourself can have dire consequences. Additionally, pedestrian accidents are trickier than you think. Unlike the common understanding, insurance companies don’t necessarily view the pedestrian as totally innocent. That’s... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Products Liability and Animal / Dog Law for Texas on
Q: 2 women saying they are suing me because they prepaid for my dogs to get fixed & I didn't show. they won't show me proof

I didn't show because I tried to call their vet and they got ugly and said don't contact their vet again. They text me and won't tell me who they are. I feel harassed don't they have to show me proof where they paid to see what I may owe them?

Tim Akpinar
Tim Akpinar answered on Aug 24, 2020

A Texas attorney could advise best, but your question remains open for three weeks. From the description, it isn't fully clear what happened, but in terms of the proof you ask about, if they are suing, they would likely need to present that in the discovery phase of any lawsuit. Good luck... Read more »

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