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Texas Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Texas on
Q: I was injured I am an independent contractor with a food delivery company and covered by the personal injury insurance

Should I get an attorney this is a occupational injury not working comp I'm now required to get knee surgery

Tim Akpinar
Tim Akpinar answered on Mar 24, 2020

You should contact a Texas personal injury attorney without delay. Two weeks have elapsed and you shouldn't lose further time, because you must first determine (1.) if your injuries are covered by insurance (hopefully they are), (2.) what type of insurance coverage they would fall under if... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Texas on
Q: i was wrongfully detained and treated. like a common criminal and owe the city $600 for trying to report attack. 4 suspe
Grant St Julian III
Grant St Julian III answered on Mar 21, 2020

I am not sure of your exact question. Were you charged with a criminal offense?

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Good Morning, I was injured receiving workers comp that they filed and approved and now I have to pay them back

I was working as a DOD Civilian had a stroke that was said to related from head injury at work . Then I was left in attended in ICU fell out of bed cracked and bruised some ribs. I couldn't swallow so they had me with no fluids for seven days at that time they finally ran a swallow study that... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 20, 2020

A Texas attorney could best advise here, but your question remains open for a month. As a general premise, if you were paid workers' comp benefits and this was related to a third-party accident, workers' comp can assert a lien on the personal injury case. From your description,... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury and Civil Rights for Texas on
Q: Does a person mentally disabled have different statue of limitations when suing a company for deformities/injuries

Does a mental disability lengthen the statue of limitations in a lawsuit when the plaintiff is disabled

Tim Akpinar
Tim Akpinar answered on Mar 10, 2020

A Texas attorney is qualified to answer your question, as statutes of limitations are generally governed by state law. However, your post remains open for two weeks. Until you are able to arrange a consult with a Texas attorney, keep in mind that as a general matter, statutes of limitations can be... Read more »

2 Answers | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for Texas on
Q: Is a person liable for anything if they give a known alcoholic a car and they kill someone?

Person has been to rehab and sober houses 30 plus times that i know of.

John Wesley Urquhart
John Wesley Urquhart answered on Mar 3, 2020

Not necessarily just because the driver is a known alcoholic, but whether the driver is known to the owner of the vehicle as an incompetent or reckless driver and there is a record to prove it. Of course alcohol could play a big part of that, but it's a case by case fact intensive analysis. I... Read more »

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1 Answer | Asked in Personal Injury and Juvenile Law for Texas on
Q: What would happen if a girl broke my hand when I provoked her? I never hit her though.

There is a girl in my school that threatened to break my hand, If she does is it assault? I didn’t hit her, I provoked her. She is 16 years old, and I am 17 years old.

Tim Akpinar
Tim Akpinar answered on Feb 28, 2020

You should speak with a Texas attorney to learn exactly what would happen. But you wait three weeks for a response. Until a Texas attorney could meaningfully advise you of exactly what would happen and exactly what charges could possibly result, keep in mind that as a general matter, it could be... Read more »

1 Answer | Asked in Personal Injury for Texas on
Q: Mobile home park destroyed my home do I have any recourse
Miguel Angel Salazar
Miguel Angel Salazar answered on Feb 24, 2020

I would need more information for a detailed answer but possibly have a claim for negligence and/or breach of contract. Depending on the facts it is also possible the consumer laws may apply.

2 Answers | Asked in Personal Injury for Texas on
Q: In auto accident does the legal team collect FIrst from total awarded settlement? Or medical 1st then 33 legal 66 victm

Should expenses be covered first?

Rahlita D. Thornton
Rahlita D. Thornton answered on Feb 21, 2020

1/3 of total.

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2 Answers | Asked in Personal Injury for Texas on
Q: Personal injury over 2 years ago due to the negligence of apartment complex of a friend. Witnesses, pics, and ER record.

I was visiting a friend in Dallas & got a serious injury. The wood floor in the apartment kitchen had water damage where the wood splintered up in sharp spikes. The maintenance man came to fix it, took a look at it, left & didn’t return the entire week I was there. My friend & his... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 12, 2020

This is something on which a Texas attorney must advise you, as it involves Texas law pertaining to statutes of limitations. However, your question remains open for three weeks and you patiently await an answer. If you run a couple of quick internet searches, you will probably see for yourself that... Read more »

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1 Answer | Asked in Personal Injury for Texas on
Q: What is a 2.22 rule in a workers compt case
Tim Akpinar
Tim Akpinar answered on Feb 8, 2020

You might be better off reposting this in the Workers' Compensation category. It remains open here for two weeks under Personal Injury. Good luck

Tim Akpinar

2 Answers | Asked in Personal Injury for Texas on
Q: Is it possible to sue a university for emotional distress even though I made a mistake?

I made a mistake of cheating on an exam and my professors gave me a 0 now in order to pass the class 100% are needed on the rest of the exams. The amount of anxiety I’m am experiencing is ridiculous I can never seem to calm myself down due to all the pressure I am under and I am thinking of suing... Read more »

Evan S. Sloan
Evan S. Sloan answered on Feb 4, 2020

You most likely do not have a case. The infliction of emotional distress would need to be intentional. Here it sounds like you violated a course and/or university policy and were punished for it. I hope this semester ends on a more positive note.

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1 Answer | Asked in Personal Injury for Texas on
Q: I was lookin for my phone i dropped in a trash can then I the dump truck picked me up while I was inside and put me in

I was dropped really hard and was buried then squished

Tim Akpinar
Tim Akpinar answered on Feb 2, 2020

A Texas attorney could answer your question best, but your post remains open for a week, and could possibly involve notice of claim issues if it was not a private trash collection company. This is different from statutes of limitations, which generally provide claimants considerable to file suit.... Read more »

3 Answers | Asked in Personal Injury for Texas on
Q: Can I file a civil suit against a bar that over served, and resulted in the death of my brother?

My brother was extremely over served at a bar in Texas. He left and, approximately 12 minutes later, had an accident resulting in his death. Could my mother and I file a civil suit against the establishment that over served him?

Robert C. Slim
Robert C. Slim answered on Feb 1, 2020

Quite possibly. The type of case you are describing is called a “dram shop” case. They are typically hard cases to win only because you would have to prove that the victim was over-served after being obviously intoxicated. So, all the evidence and witnesses tend to be within the bar’s... Read more »

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1 Answer | Asked in Personal Injury, Workers' Compensation and Civil Litigation for Texas on
Q: Should I just move on from my Texas Worker's Compensation Case my Attorney just dropped me today 01/17/2020

The other side sent new evidence out to my Attorney about my Statement I made on my injury at work which I forgot about. I was working the night shift removing some bolts using wrenches wearing a slicker suit and full PPE with Neoprene Gloves taped around the cuffs of the rubber jacket and gloves... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 30, 2020

I doubt any lawyer will advise that you "just move on", particularly if you feel you legitimately have a valid claim. You claim seems to be mor eof an occupational disease or repetitive injury than one caused by "pulling, pushing, twisting" so I would not worry about the... Read more »

2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Elder Law for Texas on
Q: I am POA for senior parents. What is the liability for them & me if they get in an auto accident?

Both of my parents (aged 85 and 87) currently have active Texas licenses and auto insurance. Their physician tested and diagnosed them both with mild dementia Nov 5, 2019. They are both still able to dress, bathe, shop, etc. for themselves, just getting a little confused, weaker, repeating... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 27, 2020

You are liable for negligence. Whether a jury will rule that you were negligent in continuing payments for car insurance and gas and not taking away the keys or disabling the car cannot be accurately predicted.

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1 Answer | Asked in Criminal Law, Personal Injury, Child Custody and Juvenile Law for Texas on
Q: can this document be copied and edited to accuse someone of choice no defendant mentioned

I feel during this time here in San Antonio alot of he did it she did it Crazy what money does to a state written by Felica marie gallegos from fresno ca lives in san antonio texas

Grant St Julian III
Grant St Julian III answered on Jan 23, 2020

I am not sure of your exact question, or the situation you describe. Sit down with a local attorney. Good luck.

1 Answer | Asked in Personal Injury for Texas on
Q: Husband injured while assisting wrecker driver unloading motorcycle at my residence

Motorcycle belonging to friend of my husband was towed to our residence while owner of motorcycle was transported to hospital due to his motorcycle accident on Hwy 59 & Beltway 8 in Houston, TX on Sunday 1/5. When unloading motorcycle off ramp at our residence my husband assisted wrecker guy... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 13, 2020

I believe I may have addressed this question earlier - at the time, it was not captioned with a geographic identifier, but it mentioned Fort Bend and a motorcycle. Your point is valid, but it could be difficult to answer your question without conducting an investigation to determine exactly what... Read more »

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Personal Injury for Texas on
Q: Cps altered my drug test, how would I figure out if that illegal and can I sue
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 2, 2020

Questions about lawsuits against the government or its employees should be posted under the Civil Rights topic heading.

Government employees enjoy Sovereign Immunity for mistakes made in the performance of their official duties so you would need to be able to PROVE that it wasn't a...
Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: Is there a time limit on when u can take someone to court after a car accident?

I was pregnant and incarcerated in Tx on my way to a doctors appointment when the escorting officer wrecked. When the police came on the scene the officer had lied being one situation. The entire cause of the accident was put off on the elderly woman behind us. Which wasnt true. The officer... Read more »

Grant Gerleman
Grant Gerleman answered on Jan 1, 2020

Unfortunately the statute of limitations for negligence claims is 2 years. Claims against a Texas governmental entity also have special notice provisions. If you are past the two year time-frame, then it is likely that your claims would be barred.

1 Answer | Asked in Personal Injury for Texas on
Q: If I File A Claim...Did I Give up All Right to Hire a Lawyer or Sue for After Facts of Lone term Illness.

March 19, 2019 I suffered Acute Bronchitis. Few month later it became COPD, then Plueris, Coughing until I cracked my ribs..Then thing happen I suffered a Heart Attack. All within 6 months..Now that I File a Claim with Deer Park ITC...Someone said I can't Hire A Lawyer...That I gave up my... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 29, 2019

Your question remains open for two weeks, so at this point, it could be best for you to contact a lawyer to avoid further delays. As a general rule, a claimant who commences a claim on their own can ordinarily retain a lawyer afterwards. I'm sorry for the injuries you sustained. From your... Read more »

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