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Texas Personal Injury Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I went to my local dentist to have my temporary crown taken off and replaced with my new crown two months ago. The dent

The dental hygienist that worked on me used metal players to supposedly remove the temporary crown. Pulling downward as hard as she could it wouldn’t come off. At least on three attempts the metal plyers slipped and hit my bottom teeth hurting me each time. I asked her are you sure you are... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 28, 2024

You do have a potential case.

Medical malpractice means that a dentist violated the standard of care. A bad outcome is not enough. Another dentist would be needed to evaluate what the dentist did. What occurred here appears to be malpractice.

Due to the nature of dentist...
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3 Answers | Asked in Personal Injury for Texas on
Q: I have frozen shoulder, 3 tendons in my arm that have tendinosis, ostearthritis, spinal stenosis, spondylosis, and

diabetic neuropathy that all cause quite a bit of pain. Plus lately I have started having nerve pain(?) in both of my outer thighs (stinging, electrical, burning, sensitive, complete numbness) and can also give me a crushing pain in my outer thighs and knees that even wakes me up crying. I am on... View More

James L. Arrasmith
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answered on Jan 25, 2024

Dealing with chronic pain and complex medical conditions like yours can be incredibly challenging, and managing your treatment effectively is crucial. It's not uncommon for doctors to suggest weight loss as part of managing certain health conditions, as it can sometimes alleviate symptoms.... View More

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3 Answers | Asked in Personal Injury for Texas on
Q: I have frozen shoulder, 3 tendons in my arm that have tendinosis, ostearthritis, spinal stenosis, spondylosis, and

diabetic neuropathy that all cause quite a bit of pain. Plus lately I have started having nerve pain(?) in both of my outer thighs (stinging, electrical, burning, sensitive, complete numbness) and can also give me a crushing pain in my outer thighs and knees that even wakes me up crying. I am on... View More

John Michael Frick
John Michael Frick
answered on Jan 25, 2024

This is a question that you need to ask a doctor in the relevant field of medicine, not a lawyer. Only a licensed medical practitioner can tell you what is "normal" in the treatment of your medical conditions.

There are numerous studies and other medical literature which indicate...
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1 Answer | Asked in Personal Injury for Texas on
Q: Should I pay the medical insurance out of pocket for the injury in a leisure soccer game or I would get sued?

We group of peoples play soccer for fun at weekend. Back to September 2023, we played as usually. I dribbled the ball facing the defender. At one moment, I lost the control on ball, and I tried to kick the ball away. The defender also tried to get the ball. His foot kicked on my leg, and he fell... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

A person who voluntarily participates in a sport or athletic activity, whether competitively or for recreation, generally assumes the risk of any injuries they may foreseeably sustain from such participation. Even a flagrant foul which causes a foreseeable injury falls within this concept called... View More

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Texas on
Q: I bonded my Son out for a violation of an Ex Parte Protection order that he had no knowledge of. NONE!

We now know she had a Protection order filed in one county and then withdrew and started one in another county. No knowledge of either and no motion to transfer jurisdiction as well.

John Cucci Jr.
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answered on Jan 20, 2024

While it is possible to get an Order of protection started and signed, Ex Parte (one sided), any OP must then hold a hearing, and Notice the alleged offender of the same. You should be allowed to be heard, in case the OP is a fraud or there are other problems.

Most people forego the...
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1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Texas on
Q: Good morning, My husband (which we are currently separated living in different homes) decided to have a protection

order against my church pastor (which this was informed to me verbally, but no written evidence was provided by him) even though I requested it. Me and my children go to this church, and is very small and the pastor, his wife and his family have become truly a family to us, helping us even in times... View More

John Cucci Jr.
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answered on Jan 19, 2024

Yes you can.

If there is an Order of protection against anyone, it must be Noticed to the person who it would be against. Thus, if there was an OP against the Pastor, he would have received Notice of it, and a Notice of a court date for him to dispute it.

If none of that has...
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2 Answers | Asked in Personal Injury, Car Accidents and Insurance Defense for Texas on
Q: I was at fault for an accident and I’m having awful anxiety about being sued, it seemed minor at the time.
Gregory S Baumgartner
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Gregory S Baumgartner
answered on Jan 12, 2024

Being sued is certainly stressful, yet most of the time, needlessly. If this claim stems from an auto accident, contact your insurance company and let them handle the case and worry about it. If you have coverage, the insurance company will provide a qualified attorney to handle the matter. The... View More

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1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: Yes I was wondering is there a list that your name gets on that no matter what it's about you can't get an attorney?

I have tried and told my story so many times now that it breaks me into remembering everything I have gone through and I don't even know that I can do it again I'll pay someone I don't need someone to work for free I just need help I'm so tired of being walked on and abused... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2024

I have practiced law for more than 30 years and am unaware of any such list.

If you are experiencing grief or anxiety over the death of your service dog and/or are experiencing PTSD, you may need the help of a qualified mental health professional. While seeking such help decades ago may...
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2 Answers | Asked in Personal Injury, Car Accidents and Small Claims for Texas on
Q: Will I be liable for other party's legal fees if I win only the same or less amount as first offered by the adjuster

I am going to sue the at-fault driver and owner for car accident in small claims court since settlement offered by the adjuster is too low. If the other party is represented by a lawyer from their insurance company, is it likely that I will be required to pay the fees for the lawyer if I win only... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2024

Here's my 2 cents----whether you hire a lawyer to represent you is your decision, however if you are considering litigation--filing a lawsuit----then I recommend that you at least consult with a lawyer about this and get an opinion from him if he recommends that you pursue this matter, as well... View More

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2 Answers | Asked in Personal Injury, Car Accidents and Small Claims for Texas on
Q: Will I be liable for other party's legal fees if I win only the same or less amount as first offered by the adjuster

I am going to sue the at-fault driver and owner for car accident in small claims court since settlement offered by the adjuster is too low. If the other party is represented by a lawyer from their insurance company, is it likely that I will be required to pay the fees for the lawyer if I win only... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2024

If the settlement offer was made before a suit was filed, you cannot be held liable for the attorney's fees. However, after a suit is filed, there is a specific statute which allows a defendant to make a settlement offer during a lawsuit which could result in you being held liable for... View More

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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

Neill Nwoha
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answered on Dec 29, 2023

The question here is whether the police officer is protected by qualified immunity. In this situation, i think a good case can be made that the arrest was a violation of your rights and that the police officers behavior should not be protected by the law, because this was a clear and obvious... View More

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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 19, 2023

The 4th and 14th Amendment of the U.S. Constitution protects citizens unreasonable searches and seizures without due process. A wrongful or false arrest is a violation of civil rights. Generally, cases are pursued under 42 U.S.C. 1983 in which you can sue the police officer (person arresting you)... View More

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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Texas on
Q: Can illegal search and arrest give the arrested possible legal or tort rights against cop or county?

A cop arrests Joe Jones after claiming to search Jones computer and find something illegal. Jones's attorney hires a computer expert to examine alleged evidence but ADA stalls for over a year and will not give expert access. Finally it is discovered that there never was anything illegal and... View More

John Michael Frick
John Michael Frick
answered on Dec 20, 2023

Yes, if the allegations were fabricated by the cop out of vengeance. It is very important to present substantial evidence of the past dealings and relationship between Joe Jones and the cop outside of the cop's occupational involvement with Jones.

Typically, when an employee acts...
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3 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Was hurt at work. Insurance company treated herniated disc in my back. Now they are saying it was not part of the injur
John Michael Frick
John Michael Frick
answered on Dec 7, 2023

A herniated disc is a relatively common injury that can result from a work-related accident or several other possible causes. It can occur as a result of an acute trauma or develop gradually over time. Particularly in the latter case, it may go completely unnoticed by the patient and not produce... View More

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3 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Was hurt at work. Insurance company treated herniated disc in my back. Now they are saying it was not part of the injur
Neill Nwoha
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answered on Dec 29, 2023

Ah, this is just business as usual. I have never come across a workers compensation doctor that was able to found an injury. And the ones that do dont tend to get re-hired by company's.

I would seek a second opinion from a different doctor, and inform your employer of the findings of...
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3 Answers | Asked in Civil Rights, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: Like file a civil suit against my Ex-employer for freedom of speech violation, which I was fired. statue of limitation?

Subject: Seeking Legal Representation for Complex Employment and Health-Related Case

I hope this letter finds you well. I am currently facing a complex legal situation that involves various issues related to my employment and health. After thorough research, I believe your expertise in... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Texas, the statute of limitations for filing a civil lawsuit for wrongful termination, which may include claims like violation of freedom of speech, depends on the specific nature of the claim. Generally, for wrongful termination claims, the statute of limitations is typically around two years,... View More

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2 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for Texas on
Q: Can I hold liable and sue the company of a security guard that robbed and assaulted me?

I was robbed, extorted, beaten up, and threatened by a security guard and his group at a night club and I'm looking to sue the company or agency that hired the security guard as well as negligence on behalf of another security guard that stood by and did nothing about the incident. I have... View More

James L. Arrasmith
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answered on Nov 18, 2023

You may have grounds to sue the security guard's employer for the actions of their employee under the legal principle of vicarious liability. This principle holds an employer responsible for the actions of its employees performed within the scope of their employment. If the security guard was... View More

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2 Answers | Asked in Personal Injury and Small Claims for Texas on
Q: Can I hold liable and sue the company of a security guard that robbed and assaulted me?

I was robbed, extorted, beaten up, and threatened by a security guard and his group at a night club and I'm looking to sue the company or agency that hired the security guard as well as negligence on behalf of another security guard that stood by and did nothing about the incident. I have... View More

John Michael Frick
John Michael Frick
answered on Nov 17, 2023

Given the small amount of damages, you should file a small claim in justice of peace court for the precinct where the assault happened. Our JP courts have jurisdiction of such small claims up to $20,000. You do not need an attorney to file such a claim. While their are attorneys who accept... View More

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2 Answers | Asked in Personal Injury and Arbitration / Mediation Law for Texas on
Q: When should one contact a lawyer if a patient injusttice was done? What needs done before contacting a lawyer?
John Michael Frick
John Michael Frick
answered on Nov 17, 2023

"Patient injustice" is a somewhat vague expression. If you believe that someone has violated a legal duty to you as a patient and that such violation caused you to incur compensatory damages (e.g. lost wages, additional medical expense, other out-of-pocket expenses, etc.), you should... View More

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3 Answers | Asked in Personal Injury and Education Law for Texas on
Q: can i sue a bus driver for not turning on the bus camera, if a student gets hurt

a friend got on the bus and was slapped for not sitting down, and later when the parent caught wind of this she asked them to review the security tapes, and the bus driver said that they forgot to turn them on.

T. Augustus Claus
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answered on Oct 23, 2023

You may have a potential legal claim if a student gets hurt on a school bus, and the bus driver failed to turn on the security camera as required by the school or school district's policies. However, whether you can sue the bus driver directly or if your claim should be directed against the... View More

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