Given the recent federal court ruling (https://news.bloomberglaw.com/litigation/mentor-worldwide-defeats-suit-alleging-defective-breast-implants), you will most likely need to hire an attorney who is already involved in such litigation. This ruling will likely be appealed.

I'm sorry for your family's ordeal. You could reach out to discuss with law firms in further detail, with the benefit of having medical file records. An important issue that will need close examination here is what caused the communication breakdown with the diagnosis between August 2022... View More

First of all, this sounds like a health care liability / medical malpractice question, and not a legal malpractice question.

Second, just because your husband has received a diagnosis of an incurable terminal disease does not necessarily mean that your husband's primary care physician... View More

A Texas attorney could advise best, but your question remains open for two weeks. If the other passengers sustained more serious injuries, they're supposed to receive larger awards. That's what bodily injury awards are based on - severity of injuries. They also depend on liability, but... View More

Based on the information you provided, your injuries occurred 8 months ago, due to trauma significant enough to fracture bones in both extremities, complicated by infection. What you did not provide is information about your underlying medical conditions, and prior medical history. We also have... View More

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answered on Apr 27, 2024

The answer to your questions depends on the specific circumstances of your case and the laws of your jurisdiction. However, here are some general considerations:

1. Creditor claims on settlement funds:

In many cases, settlement funds from a personal injury claim are protected from... View More

It could depend on who the creditors represent. In terms of taxes, pain and suffering are generally not taxed. The other damages could be treated differently. This is something your attorney, or a tax attorney should advise on after seeing the breakdown of the types of damages your case involves.... View More

Typically, lawyers are not involved in making arrangements for patients to see doctors. That being said, pulmonologists are a type of specialized doctor that is in high demand. When my internist referred me to my pulmonologist, the earliest appointment I could get with her was more than six... View More

A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More

If the settlement agreement gives you the choice on how to get the money now that you are an adult, follow the terms of the settlement agreement as it pertains to notifying whomever is holding the money for your benefit. Since this is not a typical situation, it will depend on what the exact... View More

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answered on Apr 1, 2024

I'm sorry to hear about the loss of your father and the circumstances surrounding it. Regarding the settlement money, the specifics of how and when you can access the funds may depend on several factors:

1. The terms of the settlement agreement

2. The type of account the money... View More

I'm sorry about the loss of your dad. See if the attorney who handled the matter could go through the settlement agreement terms with you. Since you were 11 or 12 when this happened, the attorney representing you probably had to go through a special proceeding (infant comp order, or similarly... View More

It is unclear what your question is.

The statute of limitations for a medical malpractice case in Texas is two years. That means that, ordinarily, a patient must file any lawsuit asserting a medical malpractice claim within two years of the date that the cause of action accrued.... View More

A Texas attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your husband. Your attorney would be in the best position to answer this, but based on the timeline you describe, one possibility is that your law firm added the wrongful death element... View More

You need to consult an oncologist and surgeon to discuss your treatment options. This is more of a medical question than a legal question.

If you are asking about a possible malpractice claim, your question is confusing. You seem to say that a tumor was found in your lung in July 2023,... View More

Pain and suffering is a non-economic damage to compensate your spouse for the conscious physical pain he endured as a result of his exposure which caused his cancer up to the time of his death. It is recoverable by the personal representative of his estate in a survival action. How much to ask... View More

I'm very sorry for the loss of your husband. I agree with my colleague on the pain and suffering element. It would depend on the nature, duration, and severity. You may already be represented by counsel, but if not, please keep in mind that if the railway entity you mention has public elements... View More

Assuming you can overcome any official immunity defense and timely assert a claim against the City, you may be able to recover any diminution in value of your cat as a result of him being neutered. For example, if you could have sold the cat unneutered for $500, but neutered he can only be sold... View More

It depends on the facts and circumstances of your particular situation. Many cities and towns in Texas have mandatory neutering laws. Although the terms can vary, a typical ordinance requires any male dog or cat over eight months of age to be neutered unless the owner obtains an intact-pet... View More

First, this is a Q&A forum in which individuals ask a legal question and Justia lawyers have the option of answering the questions. If you are looking for a lawyer for a specific legal matter, you should use the "Find a Lawyer" option and search for a lawyer in San Antonio or Bexar... View More