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Texas Personal Injury Questions & Answers
4 Answers | Asked in Personal Injury and Civil Litigation for Texas on
Q: I fell in a gambling establishment broke my arm requiring surgery can't the business or owner of building be liable unde

Under their insurance to help with medical expenses and pain suffering.

John Michael Frick
John Michael Frick
answered on Sep 28, 2023

If the negligence of the business or premises owner proximately caused your injuries (for example, by failing to correct or warn about a concealed unreasonably dangerous condition), they may be legally responsible for your damages.

You should consult a personal injury attorney in or near...
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4 Answers | Asked in Personal Injury and Civil Litigation for Texas on
Q: I fell in a gambling establishment broke my arm requiring surgery can't the business or owner of building be liable unde

Under their insurance to help with medical expenses and pain suffering.

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

They can be, depending on the circumstances. As my colleague advises, try to arrange a consult with an attorney. Attorneys offer free initial consults for such accidents. In terms of medical bills, that's one of the things that an attorney could outline for you. There are different ways to... View More

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1 Answer | Asked in Contracts, Gov & Administrative Law, Personal Injury and Education Law for Texas on
Q: Field Trip permission slip that includes Indemnity Waiver and Release of liability

I received a field trip permission slip for my child to attend an On-Campus field trip. The school is a public school charter school in Houston, TX. The trip is for Houston Museum of Natural Science Dome to visit the school campus. I was a little taken back when I was asked to sign an Indemnity... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

A Texas attorney could advise best, but your question remains open for a week. Unfortunately, such agreements have become more commonplace. They can be binding (I'm not saying yours is or is not) - they usually have to meet certain protocols under state law. These are similar but not identical... View More

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: I had a accident in July I hired a lawyer went to doctor police report said that was in the wrong I found out about a mo

Mount later that my insurance company drop me I got a letter about 2 weeks after the accident that I didn't have coverage so the other company want pay my lawyer also drop me what can I do about my car and injury

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2023

A Texas attorney could advise best, but your question remains open for two weeks. You have two issues here, the coverage issue from losing the policy, and liability issue in the accident. If your attorney dropped you, your starting point could be to see if you could arrange a free initial consult... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Went to a Dentist, they really messed up my teeth badly. What can I do, Sue?

Got pictures of what my teeth looked like before the dentist and after.

Joel Gary Selik
Joel Gary Selik
answered on Sep 14, 2023

You might have a case.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of your injuries may effect...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: My boyfriend suffered the loss of a testicle due to jail not sending him to emergency room. Can we sue

He has been commuting an undisclosed location for 3 months to regain competentcy. No hearing on his mental state until 11/24/23. They will not tell anyone where he is. He has said me and his mother could get info on last case it's on file with court

James L. Arrasmith
PREMIUM
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answered on Sep 11, 2023

In situations involving medical negligence or deliberate indifference to a serious medical need while in custody, there might be a potential for legal action based on a violation of the individual's constitutional rights. Specifically, the Eighth Amendment of the U.S. Constitution prohibits... View More

1 Answer | Asked in Personal Injury for Texas on
Q: Personal injury attorney has withdrew from case, defendant is filing "No evidence motion for summary judgement".

I have requested case file, denied. I have requested medical records and also denied. I don't believe he has done the necessary acts of Discovery, he did not investigate the accident, did not contact my employer, did not provide me any information, I haven't even met him. He called me and... View More

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2023

A Texas attorney could advise best, but your question remains open for a week. If your original attorney withdrew from the case and you can't contact them, you should consider reaching out to attorneys to try to arrange a free initial consult. An experienced attorney should look at that motion... View More

1 Answer | Asked in Civil Litigation, Car Accidents and Personal Injury for Texas on
Q: Im not sure what type of lawyer I need

My truck was totaled by a door dash driver that fell asleep at the wheel. the trunk was not occupied, uninsured, and parked out side of my home. the driver is insured by USAA and they refused to pay due to her being on the clock with door dash and door dash with not contact me back. this incident... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

You need to promptly sue the driver and DoorDash. The driver's personal automobile liability insurance will not cover the damage because, as indicated, the driver was operating his vehicle for a commercial purpose at the time of the collision. However, DoorDash has a commercial motor vehicle... View More

2 Answers | Asked in Civil Litigation, Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Can a hospital be held liable for patient dumping in Corpus Christi Texas

On April 1st 2022 I was thrown out of Christi Spohn Hospital Shoreline because I couldn't keep myself off of the floor while there because I was bleeding internally and also had damage to my back. My wife then rushed me to Bay Area where I was given 7 units of blood products and treated for a... View More

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

Yes, a hospital can be held liable for patient dumping in Corpus Christi, Texas.

You will need to prove that you presented yourself to the emergency department for care and that the emergency refused to conduct a medical screening and/or refused to stabilize your condition because of your...
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2 Answers | Asked in Personal Injury for Texas on
Q: How do I file a medical payment claim on someone’s insurance if they won’t provide their insurance information?

My son was injured at a neighbors house and required surgery and he is refusing to file a medical payment claim or provide me with his insurance information so I can file the claim. What should I do? I’m not looking to file a liability claim. Just a medical payment claim.

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

Just because your son was injured at your neighbor's house creates no obligation on the part of your neighbor (or his insurance company) to pay for your son's medical treatment.

You need to file a lawsuit against your neighbor describing why your neighbor is legally responsible...
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2 Answers | Asked in Personal Injury for Texas on
Q: How do I file a medical payment claim on someone’s insurance if they won’t provide their insurance information?

My son was injured at a neighbors house and required surgery and he is refusing to file a medical payment claim or provide me with his insurance information so I can file the claim. What should I do? I’m not looking to file a liability claim. Just a medical payment claim.

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2023

Your neighbor probably regards such a claim to be no less harmful to their interests than a straight up liability claim. If a homeowner's policy will cover such a claim, the insurance carrier can count that as a claim against their insured, whether it's liability or only medical. Good luck

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2 Answers | Asked in Personal Injury and Legal Malpractice for Texas on
Q: If you fire your personal injury lawyer and you can prove he never even called the adjuster how does he charge a third

And what process can I go through to try to get him not to be paid he never even called he had been retained for 2 weeks

John Michael Frick
John Michael Frick
answered on Aug 22, 2023

The attorney probably can’t recover a full one-third contingency fee if the attorney has not performed any material work on a case.

Calling an adjuster may or may not be necessary in a lawsuit. But a delay of two weeks in a lawsuit that likely will last two years isn’t particularly material.

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2 Answers | Asked in Insurance Bad Faith and Personal Injury for Texas on
Q: Can a insurance company just stop paying an open claim if you lost your insurance.

I broke my right hand fingers in May and lost my Job in June and have been seeing a doctor and physical therapy to get my hand back and lost my insurance I'm July and they said thru don't have to cover any more medical treatment after July.

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

Yes, the insurance company can stop paying if you did not elect to continue your health insurance after losing your job. You do have 105 days from the date your employee health coverage ended to complete and submit your COBRA Election form with your premium payment. Your employee health coverage... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I need to file a claim against Brooke Army medical center pro se. Is it hard, do I need to attach medical records?

Is asking for 5 million too much. My sf95 was denied and so was my appeal.

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

You will need to include with your filing the required report of a medical professional in the same field of medicine and the same area of specialization as the healthcare provider who you are accusing of malpractice. Be sure you understand exactly what is required.

What is reasonable in...
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2 Answers | Asked in Car Accidents, Insurance Bad Faith, Criminal Law, Family Law and Personal Injury for Texas on
Q: Can a person use a car accident photo as abuse and also use it in their settlement claim?
Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

It is unclear from your question whether any claim of child abuse has been lodged, and further, whether the photo somehow includes a child whose custody is at issue. Evidence takes many forms both in civil matters and in family law cases. If a photo is properly authenticated (taken at the time... View More

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1 Answer | Asked in Personal Injury for Texas on
Q: Can I get Walmart to pay for damages to my car?

I went in to have my tires changed. When removing the last lug nut on one of my tires it got stuck. The employee continued to try and remove it but stripped down the metal. They weren’t able to remove it and now I am paying over $300 out of pocket to have it fixed. What do I do?

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

It would be difficult to prove that the Wal-Mart employee caused the damage to the last lug nut. If a lug nut is properly installed, it should be relatively easy to remove. It seems likely that the last person to put that lug nut on before you took your car to Wal-Mart improperly installed and... View More

1 Answer | Asked in Personal Injury and Construction Law for Texas on
Q: I purchased a home 8 years ago & the builder did not level the foundation. Major cracks and issues. What can I do?

Major "settling" cracks throughout the home. One portion of drywall has pulled away from another in an upstairs corner.

Am I entitled to anything? What can I do? What's a reasonable settlement?

John Michael Frick
John Michael Frick
answered on Jul 12, 2023

You may or may not have a valid claim depending upon the extent of the deflection or tilt measured by your structural engineer and what he determines is the cause. The foundation and major structural components of a home are subject to a minimum warranty period of ten years from the date of... View More

3 Answers | Asked in Libel & Slander, Medical Malpractice and Personal Injury for Texas on
Q: where can I find a healthcare lawyer who handles general negligence, medical negligence, & unprofessional conduct?

A minor was falsely accused of sexual abuse and questioned without parental consent by her dentist.

John Michael Frick
John Michael Frick
answered on Jul 10, 2023

This is an extraordinarily unusual situation and there is no clear 'area of law' that governs it.

Complaints about unprofessional conduct of a dentist can be made to the Texas State Board of Dental Examiners (https://tsbde.texas.gov/complaint-investigations-process/). This may...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Does sb14 give police officers the authority to arrest someone committing an offense against this law?

Does sb14 give police officers the authority to arrest someone committing an offense against this law?

Can the female genital mutilation law from 1999 be used in conjunction with the new gender mutilation law, sb14? Also, I was told not a single DA would take a case with the charge from the... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

Built into the 1999 law is the following defense:

"It is a defense to prosecution under Subsection (a) that:

(1) the person performing the act is a physician or other licensed health care professional and the act is within the scope of the person's license; and...
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1 Answer | Asked in Criminal Law, DUI / DWI and Personal Injury for Texas on
Q: Is counsel obligated to inform law enforcement if client admits to killing someone b4 any official contract is signed.

If in an initial discussion with a dui attorney (before any paperwork or contract is signed between attorney and client), the prospective client admits to hitting and runing over and killing someone who was in the vehicle with her when the incident she got the dui for happened.. is the attorney... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2023

Payment has no impact on the Attorney-Client Privilege.

It is the things a potential client or client says to the lawyer when seeking legal advice that is protected. In your situation, you are covered.

The reason is that the system protects the truthful statements of a potential...
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