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... View More

Most personal injury lawsuits are resolved by settlement. If you have a case on file, talk to your lawyer about the strength of your case for liability and the total amount of damages you sustained (most likely, out-of-pocket medical expenses based on your question). your lawyer can help you... View More

A Texas attorney should advise here, but your question remains open for a week. It's a little difficult to determine from the post what you agreed to... first-party medical expenses or [as you say in the post], personal injuries. I can't speak for Texas medical expenses - I don't... View More

In order to defeat a contention that a medical negligence claim is barred by the statute of limitations, the plaintiff must offer evidence to support a matter in avoidance of the statute. For example, if the plaintiff contends that he was under 12 years of age when the treatment or care was... View More

Unless you have agreed otherwise in your lease, yes. You will need to prove that your landlord was aware of the dangerous condition that caused your injury (usually because you sent in a maintenance request) and that the landlord failed to correct the condition within a reasonable time.

What are your damages?

In order to prevail in a lawsuit, you must generally show that the defendant owed you some sort of duty, that the defendant breached that duty, and that the breach proximately caused you to suffer legally compensable damages.

For example, if a food product... View More

I agree with my colleague that it would depend on the extent of damages. I'm sorry this happened to you, but it does not sound like a case that most law firms would consider handling if there were no tangible damages. But that's only my individual opinion. Different attorneys could see... View More

Yes, you can sue a county jail in Texas for negligence, but probably not successfully on the facts you describe. Your son's escape and subsequent confrontation with police was most likely the proximate cause of his death and not the negligence of leaving the doors unsecured. Your son's... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Yes, you may have grounds to sue Texas for violating your due process rights. Being denied a lawyer and experiencing police brutality, especially as a special needs individual, are serious issues. Under the Sixth Amendment, you have the right to legal representation, and the Fourteenth Amendment... View More

Gary K. Burger Jr Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024

I'm sorry for you loss. It sounds like a very painful way to lose a loved one.

There is likely an issue of sovereign immunity in this case, as it involves a government agency. This exempts agencies and their employees from being held responsible, though there are exceptions such as if... View More

Receiving a Form 1099 instead of a Form W-2 is evidence that you were an independent contractor and not an employee, but in and of itself, it is not dispositive. Some companies misclassify employees as independent contractors to try to avoid having to withhold federal income tax and payroll taxes... View More

You should inform your current attorney that the accusations being made are false.

Not being licensed to practice law in the state where the lawsuit was filed is very likely good cause to terminate a lawyer's services unless the lawyer was admitted to practice in that court pro hac... View More

Employment discrimination requires proof that your employer took adverse employment action against you based upon an unlawful reason such as your race, color, nationality, ethnicity, sex, age, disability, religion, or pregnancy. Your employer can lawfully take adverse employment against you based... View More

Natasha S. Walker Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2024

It is possible that you could withdraw your acceptance, but it depends on several factors. How much time had passed between the time the incident occurred and the time the offer was made to you? Were you injured as a result of their insured driver, and if so, did you or were you seeking the... View More

The question is not really CAN you sue this individual versus does this individual have assets such that he/she could satisfy a judgment if one is obtained. Yes, you have civil recourse, but this person may or may not be solvent. It is not LIKELY there would be any insurance to satisfy any... View More

If you want to sue a city for an accident due to negligence, such as an injury on a city's hike and bike trails, you must follow specific procedures and timelines due to the concept of governmental immunity and the requirements under the Texas Tort Claims Act (TTCA).

Before filing a... View More

Generally, you have two years to file a lawsuit against a governmental entity under the Texas Tort Claims Act. However, be aware that you normally must provide notice of the claim to the City or other governmental entity. Most of the time this notice MUST be done within 180 days, however, each... View More

Consider a free initial consult with a law firm without delay to confirm exact timetables for applicable notice of claim requirements for all possible agencies or entities involved. Prompt action could also be necessary to preserve any video surveillance data - a consult could also address those... View More

The best way to answer your question is to check the retainer you have with your attorney. Attorney fees are usually a percentage in personal injury cases. Nationwide, one-third is commonly used by many firms, with some charging a higher percentage if a matter is placed into suit. You mention that... View More

Generally speaking, a PI attorney can suggest doctor referrals to a client but those doctors are the client's doctors, not the attorney's doctors. PI attorneys sometimes do so because those doctors will accept letters of protection (LOPs) pursuant to which they will provide treatment to... View More