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Texas Personal Injury Questions & Answers
1 Answer | Asked in Landlord - Tenant and Personal Injury for Texas on
Q: My apartment has mold in the vents, and roof from water leaking, I've reported the issue many times now it's 6 wks later

Mold test kit, video, photos, emails and still nothing has been done to resolve this issue, do I have a case against the landlord of the apartment complex?

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2022

A Texas attorney could advise best, but your question remains open for two weeks. I could only speak for the personal injury aspects of your question; a landlord-tenant attorney could advise on the tenant rights-related aspects. There are injury firms that handle mold cases. But nationwide in... View More

1 Answer | Asked in Health Care Law and Personal Injury for Texas on
Q: How long do sun behavioral hospital in houston keep the video footage of patient.

It’s been 1 and a half year since my brother was discharged and we are looking at a lawsuit. Ty.

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 19, 2022

If you filed a lawsuit, I would use the discovery process to find out.

1 Answer | Asked in Personal Injury for Texas on
Q: Is it legal for a class action settlement to take out 52,000 for almost 2 years for Medicare Medicaid liens.

We are currently waiting on my dad's who has passed away settlement check, they have held out 52,000 for almost 2 years and the lawyers were paid over a year ago and still no check, they will not return phone calls and we have called and called and called and done their job for them for months... View More

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2022

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal here. Unfortunately, Medicare and Medicaid liens can take a long time to reconcile, and as you describe, many of these liens are managed by third-party administrators contracted by the... View More

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for Texas on
Q: Is 8 yrs a bit much for a civil suit to carry on with a pharmaceutical company & little communication with the lawyer?

I am not even aware if he put me on my own suit or lumped me into a class action. Only communication ever is me emailing a inquiry once a year to them and usually the same reply. Waiting for negotiation. How many years does this take and shouldn't I hear about this from the attorney? Be... View More

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2022

A Texas attorney could advise best, but your question remains open for a week. These cases could take longer than other types of injury cases, such as less complex car accident cases. An individual case could become one of hundreds in ongoing multidistrict litigation. Cases could be reassigned from... View More

1 Answer | Asked in Personal Injury and Business Law for Texas on
Q: What discipline and who would be the best attorney or group to help this Restaurateur pro bono?

A car crashed into a restaurant injuring one person critically, destroying a wall and possibly the integrity of the structure itself. The Restaurateur leases the property and the landlord does have insurance. The landlord may or may not have business interruption insurance. Additionally,... View More

John Michael Frick
John Michael Frick
answered on Sep 16, 2022

It is unlikely you will find an attorney willing to take such a case pro bono. Moreover, it is unlikely that you will need to do so.

The restauranteur should report the claim to its own insurance company. The insurance company should cover the restauranteur's damages and will be...
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1 Answer | Asked in Personal Injury and Small Claims for Texas on
Q: Roach cooked inside donut can we sue them

On August 22, 2022 my husband purchased a dozen Donuts and brought them home for us to eat. My niece was biting into her donut and started spitting out pieces of it and yelled ugh a bug is in my donut. I grabbed a napkin and then my phone and took a close up pic and saw it was actually a bug cooked... View More

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2022

A Texas attorney could advise best, but your question remains open for two weeks. You could sue, yes. But you probably mean can you sue in a case that would be meaningful. I think that most law firms would be reluctant to handle such a case on a contingency basis. Your experience may have been... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: I was assault bye a shoplifter injuring hip and lower back

I was hurt on the job

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2022

A Texas attorney could advise best, but your question remains open for two weeks. At this point, you could reach out to workers' comp attorneys to discuss your matter, since your injury took place in the course of employment. An experienced attorney should be able to outline any other causes... View More

1 Answer | Asked in Insurance Bad Faith, Personal Injury and Car Accidents for Texas on
Q: My lawyers filed a lawsuit for UIM claim and the insurance company is passed the deadline by 15 days to respond.

What should my lawyer be doing to resolve this matter. The para legal said they did receive an email from the defense attorney to discuss the lawsuit before the deadline but she said she is working with my lawyers to figure out what is going on. Are my lawyers just being negligent, shouldnt they... View More

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2022

A Texas attorney could advise best, but your question remains open for two weeks. In all fairness to your attorney, they may be working toward trying to discuss the claim. You mention the paralegal receiving an email from defense attorney. Based on these brief facts, no one here could say and no... View More

1 Answer | Asked in Personal Injury for Texas on
Q: What are liability limits and obligations when assisting one from a fire in a senior facility?
Tim Akpinar
Tim Akpinar
answered on Aug 17, 2022

A Texas attorney could advise best, but your question remains open for two weeks. If you mean liability limits in terms of insurance coverage, that would depend on the policy of the senior facility. However, if you're asking as a firefighter or other first responder, your question could... View More

1 Answer | Asked in Divorce, Family Law and Personal Injury for Texas on
Q: My wife gave me an STD that I can’t get rid of at all while she was having an affair.

This is the second affair in eight years but on the second affair like I said she gave me an STD that will be with me for the rest of my life what legal action in the state of Texas can I take besides divorce and we are separated right now and been separated for a year.

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jul 28, 2022

You may be able to sue her if std but it may be hard to prove and if she does not have money waste of time

1 Answer | Asked in Civil Litigation and Personal Injury for Texas on
Q: I’m looking for an out of State attorney who holds an Oklahoma license to review my case, comment on Intentional Tort a
Tim Akpinar
Tim Akpinar
answered on Jul 21, 2022

An Oklahoma attorney could probably respond best, but your post remains open for two weeks. Since the format here is only Q & A and not attorney-referral, you're going to need to reach out to attorneys on your own. The connection to Texas in your question isn't clear. If you want an... View More

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for Texas on
Q: Will you travel to Wichita Falls, TX?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2022

YES!

I practice all over Texas.

1 Answer | Asked in Personal Injury and Identity Theft for Texas on
Q: My daughter was injured in a collision years ago. Someone filed a lawsuit claiming they represented her

My daughter's medical records were "missing" after a car accident making it difficult to get medical treatment. Our family found out someone filed a lawsuit claiming to represent her personal injuries. They used someone else's identity with the same fist and last name. Now years... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 26, 2022

Contact the lawyer who filed the lawsuit and file a police report .

2 Answers | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Federal Crimes for Texas on
Q: I just found the court case number that awarded me $5.5 million from the ins. Co that my lawyer said did not exist I

Yes I want to recover this money, I need representation. It will have to be on contingency but if recovered I would pay more to the attorney that took the case than 33% much more.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2022

If what you posted is true. You need to get a copy of the award or judgment. As it seems to be over 10 years old, there may be some time-limit issues.

If that $ is in a trust account for your deceased husband, you will need to get a court order from the surrogate's court to get it. If...
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2 Answers | Asked in Personal Injury for Texas on
Q: Hit by 18 wheeler in a parking lot in Texas but have no insurance or drivers license and was issued a no insurance cita

Hit by 18 wheeler in a parking lot in Texas but have no insurance or drivers license and was issued a no insurance citation from an officer. Still able to sue to injuries?

Tim Akpinar
Tim Akpinar
answered on Jun 5, 2022

A Texas attorney could advise best, but your question remains open for two weeks. Until you're able to meaningfully discuss in detail with a local attorney as to how Texas insurance law works on those issues, they could result in limitation on the types of damages recoverable in many... View More

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1 Answer | Asked in Personal Injury for Texas on
Q: Is it illegal to b back out of a drive thru restaurant

I was backing out of the drive thru line and a car ran into the back of me

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 5, 2022

Are you sure you did not back into them You can backout if you are doing with caution and safe,

1 Answer | Asked in Estate Planning, Personal Injury, Real Estate Law and Landlord - Tenant for Texas on
Q: What can I do about mold in my apartment if the complex refuses to acknowledge it?

When we first told them we have mold, they said it wasn’t mold but sprayed mold killer. We told them again and they are still saying it’s not mold but my kids have seen multiple doctors who all say that they are being affected by mold. I’ve shown pictures to them and everyone says that it is... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2022

Ask your local health department to come out and investigate.

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... View 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... View 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,... View More

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