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Texas Personal Injury Questions & Answers
2 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: Why is a a trial date set in a personal injury lawsuit, if they’ve been offered policy limits?

I have no assets, liability is not an issue, there were no serious injuries, so I’m a little confused as to why they choose to continue on with this. I’ve said since day one, the accident was my fault, she was not seriously injured, yet she chooses to get a lawyer and go on with this nonsense,... View More

Rahlita D. Thornton
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Rahlita D. Thornton
answered on Dec 14, 2018

Sadly, it’s often your insurance company that may not be providing the plaintiff with full disclosure that indeed the amount being offered is the policy limit. Also, for the policy limits to be offered there were probably some serious injury there. Communicating with your insurance company’s... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Energy, Oil and Gas for Texas on
Q: I was involved in truck wreck on Halloween evening 2018.

I was involved in truck wreck on Halloween evening 2018. I was driving my friends company vehicle when another driver failed to yield to right of way and stop sign and pulled out infront of us. I am an Independent contractor for a firm here in Odessa and have not been able to go back to work. I do... View More

Rahlita D. Thornton
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Rahlita D. Thornton
answered on Dec 6, 2018

You need to get right on it and begin investigation on the details of this accident. But, your delay in seeking medical treatment may devalue your case. We do handle these cases and can get you to a doctor asap. It does not matter that you do not have health insurance if the other responsible... View More

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2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Q: Can employer force you to file a workers comp claim for an injury that occurred outside of work, not in the work place?

Only one day of work was missed, and the employee was fine to return to work the next day. The injury was unrelated to the job, happened outside of work; and the employee doesn't need workers compensation, just a day to rest at home and take some medication. Can the employee refuse the... View More

S. Michael Graham
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S. Michael Graham
answered on Nov 29, 2018

There is no reason to file a workers' comp claim if the incident was not work related. Work related injuries can occur off the premises if the incident occurred while you were in the course and scope of employment.

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4 Answers | Asked in Personal Injury for Texas on
Q: If I was injured in a hit and run accident, is my only hope for compensation of my medical bills via my own insurance or

is there some other way to figure out the identity of that driver and bring them to justice?

Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
answered on Nov 26, 2018

Certainly, we can assist you in negotiating your claim. We can pursue other damages in addition to those for your medical bills if you have the appropriate coverage. Do you have uninsured motorists coverage? If so, feel free to give us a call as we handle accident claims nationwide.... View More

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1 Answer | Asked in Medical Malpractice, Personal Injury, Social Security and Workers' Compensation for Texas on
Q: My husband and I are looking for a attorney that handles workers comp disability cases. Also someone who handles medical

We have several issue with workman comp/disability. If we could speak with someone about it because it's too long to explain the case,. We have all the paperwork from his case. After 3 years fighting we won his case. We had a lawyer that only took his money did nothing for us we fired him an... View More

Daniel John Christensen
Daniel John Christensen
answered on Nov 21, 2018

Hello!

If you are still needing assistance please call (512) 220-1800 and we would be more than happy to help you out!

I hope to hear from you soon!

1 Answer | Asked in Immigration Law, Personal Injury and Civil Litigation for Texas on
Q: What options does an individual who was wrongly banned from the US for 10 years have?

After completing the ban, evidence to prove that the ban should not have been placed at all was found.

Hector E. Quiroga
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Hector E. Quiroga
answered on Nov 19, 2018

Without knowing why you were banned, it’s hard to say. Usually, though, you have to wait out the 10 years, unless you have a qualifying relative through whom you can request a waiver.

2 Answers | Asked in Personal Injury for Texas on
Q: If I slipped and fell due to a puddle of water in a grocery store, can the store argue I was partially to blame because

I was texting while walking and too distracted to see the puddle as a way to get around paying for my medical bills?

Justin Charles Roberts
Justin Charles Roberts pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2018

As always, the individual facts and circumstances of your case will affect the answer. However, Texas law generally recognizes the idea of comparative fault, meaning that your recovery can be reduced in proportion with your fault for the injury. If you are found to be 51% or more responsible for... View More

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9 Answers | Asked in Personal Injury, Car Accidents and Wrongful Death for Texas on
Q: My son was killed by a semitruck driver who was on the job when he ran a stoplight. Do I sue the driver, the truck's

owner, or the truck company the driver worked for? Can I sue all three?

Gregory S Baumgartner
PREMIUM
Gregory S Baumgartner
answered on Oct 29, 2018

Proper defendants usually are the truck driver and the trucking company. Others can be a potential defendant, depending on the facts, like the maintenance company (if the truck is improperly maintained) or the leasing company in some circumstances. I am sorry for your loss.

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1 Answer | Asked in Personal Injury and Elder Law for Texas on
Q: Can my attorney cash a settlement check without my knowledge?

According to the Contingency Fee Agreement I signed, I granted the Attorney a Special POA. I did not understand fully what this meant, as the Attorney did not ever go over the agreement with me point-for-point verbally in-person, nor otherwise. The Attorney hounded me about letting him settle... View More

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2018

I do not practice in Texas but your question remains open for four weeks. In general, attorneys do use limited power of attorney provisions to conduct limited banking transactions, such as enabling deposit of checks on behalf of clients, where the purpose is to avoid the need for client to come to... View More

2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for Texas on
Q: What should I do, my girlfriend tried to run me over during an argument.

My girlfriend and I were arguing and she hit me with the car. Then fled the scene and I called 911. She then returned and took off when the cops arrived. I did not get physically injured but came very close.

Grant St Julian III
Grant St Julian III
answered on Oct 16, 2018

Make sure you don't give any falses statements to the police to try to protect her. You may let the investigators know you do not want to pursue the matter, but don't get yourself in trouble by lying.

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2 Answers | Asked in Environmental, Personal Injury and Products Liability for Texas on
Q: How can I prove that my dad's cancer was caused by toxic waste dumps from a nearby oil factory?
Aimee Hess
PREMIUM
Aimee Hess
answered on Sep 23, 2018

You will need to contact an attorney who specializes in personal injury. They will retain a medical and other experts to investigate the causal connection between the waste and your father's cancer.

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1 Answer | Asked in Personal Injury for Texas on
Q: my 3 year old child slipped and fell at a flea market into improperly disposed of raw sewage.

the facility's maintainence workers were running a river of sewage from their restrooms across a walk way into an uncovered manhole. there we're no signs, no cones, no way of knowing that we were about to come in contact with hazardous waste. the man hole wasn't even blocked off at... View More

Bradford Kvinta
Bradford Kvinta
answered on Sep 17, 2018

Any claim would likely be limited due to the minimal damages involved.

1 Answer | Asked in Personal Injury for Texas on
Q: If you get money in a settlement and it runs out, can you sue again - medical costs are just too high.
Tim Akpinar
Tim Akpinar
answered on Sep 17, 2018

You need to consult with a Texas attorney. If you were represented by an attorney, your attorney should have the file documents, including a release if one was signed. I do not practice in Texas but I noticed your question was not picked up by anyone and it moved to the back pages.

As a...
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1 Answer | Asked in Car Accidents, Personal Injury and Wrongful Death for Texas on
Q: Where can I find a database of cases associated with 2013 Camaro RS crashes?
Tim Akpinar
Tim Akpinar
answered on Sep 13, 2018

The Insurance Institute for Highway Safety Highway Loss Data Institute maintains statistics for motor vehicle crashes by state, vehicle miles, no. of vehicles involved, and other parameters. You could contact them and ask if they have vehicle-specific crash-related data.... View More

1 Answer | Asked in Personal Injury for Texas on
Q: My insurance company just informed me that they determined I'm partly at fault - I can still get compensated, right?
Justin Charles Roberts
Justin Charles Roberts pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2018

Without knowing more about your situation, the appropriate answer is that "it depends." The key thing to know is that Texas has adopted a "proportionate responsibility" scheme. What that means is that your compensation can be reduced by the percentage of fault that is attributed... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Can I file a negligence case on a doctor for failing to diagnose me having stage 3 chronic kidney disease failure?

Was diagnosed with a new doctor

Bradford Kvinta
Bradford Kvinta
answered on Jul 20, 2018

Talk to an attorney as soon as possible. Failure to diagnose cases in medical malpractice are difficult, but your attorney can evaluate your claim and help determine a plan of action.

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1 Answer | Asked in Personal Injury and Car Accidents for Texas on
Q: I just contact my auto insurance company. How do I get an attorney appointed to me? And what can I include in my answer?

Hi, almost a year and a half ago I rear ended a lady’s car. She seemed fine at the moment and her car only had number damage. Now after almost two years, she is suing me for bodily injury.

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2018

Your insurance company will hire the attorney for you. Make sure you confirm that you send them a copy of the suit papers by sending them a letter certified return receipt. Put the claim number on it and phone to get the claims handler currently assigned.

1 Answer | Asked in Car Accidents, Land Use & Zoning and Personal Injury for Texas on
Q: Can I be held liable if someone wrecks their car into my fence, on my property? Fence is about 6 ft. from a county road

My last fence was destroyed by a car that came around the corner too fast, and no stopped, they just drove off (as usual) it has happened several times over 22 years. I'm wanting to put up a fence made of 12 inch diameter round posts, and cattle panels. I was wondering if somebody hits the new... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2018

Technically no, but did you get your homeowners to pay for it?

Check with your local ordinances. I'd check with your homeowners as well.

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: Can I fired my attorney from a 18 wheeler accident and he hasn't done anything for close to 3 yrs now

Yes I feel my lawyer hasn't done much for me and need help .

Justin Charles Roberts
Justin Charles Roberts pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 30, 2018

It's very much worth contacting your attorney to sit down and discuss your case. Very often, your lawyer is doing a lot of background work that may not be evident (though a lawyer should generally keep his or her client informed throughout the process). This may be particularly true on an... View More

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1 Answer | Asked in Personal Injury for Texas on
Q: Where do I go from here and what should I include in a written answer?

Hi, almost a year and a half ago I rear ended a lady’s car. She seemed fine at the moment and her car only had number damage. Now after almost two years, she is suing me for bodily injury.

Gregory S Baumgartner
PREMIUM
Gregory S Baumgartner
answered on Jul 10, 2018

Contact your auto insurance company right away and make sure you tell them about the lawsuit being filed against you.

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