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Texas Personal Injury Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: How can a dentist, (reported and suspended twice, and another report) keep practicing?

#19 was crowned, pain ignored. Year later, new dentist was appalled at the pain & crown on wrong. Dental college was shocked, & agreed w/mercury poisoning (killed my Service Dog), I wasn't expected to live. 5 Amalgams out to quick, as my chart was not read, and NO protocol followed for... View More

John Michael Frick
John Michael Frick
answered on Mar 3, 2023

If a professional is suspended by their licensing board but practices their profession anyway during the period of their suspension, they could face civil fines, the revocation of their license to practice, and in some cases, criminal penalties for practicing without a license.

If your...
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1 Answer | Asked in Animal / Dog Law and Personal Injury for Texas on
Q: My cat has suffered brain damage from anastasia at the vets office. Was having surgery to pull 2 teeth. Now he can't eve
John Michael Frick
John Michael Frick
answered on Feb 27, 2023

If you think you can prove Anastasia caused your cat’s brain damage, call the vet office to get her full legal name and send her a demand letter for the full fair market value of your cat. Unless the cat is an unusually rare pure breed, it is likely that she or her employer will pay you the... View More

2 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Small Claims for Texas on
Q: I need surgery from an accident where I was a passenger in a lyft. I'm told I'm responsible nobody else. Can you help?

My driver did not have underinsured or personal injury the guy who slammed into the back of us did not have insurance and lyft states they are not responsible because their drivers drive their own cars. I've had two criminal attorneys work with me for a few months but let me go due to... View More

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

The driver who slammed into your Lyft is likely ultimately responsible under the facts you describe.

As the provider of a computer app, Lyft is unlikely to have any responsibility.

Unless your Lyft driver is also partly responsible for the collision, that driver is likely not...
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2 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Small Claims for Texas on
Q: I need surgery from an accident where I was a passenger in a lyft. I'm told I'm responsible nobody else. Can you help?

My driver did not have underinsured or personal injury the guy who slammed into the back of us did not have insurance and lyft states they are not responsible because their drivers drive their own cars. I've had two criminal attorneys work with me for a few months but let me go due to... View More

Jimmy Doan
PREMIUM
Jimmy Doan
answered on Feb 26, 2023

The reality is that determining what technically is known as “legal liability” for injuries you sustained while riding in a Lyft carshare can be complicated. With that said, the information that you received there is “nobody you can go after” if you have sustained injuries caused by someone... View More

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1 Answer | Asked in Personal Injury and Consumer Law for Texas on
Q: My insurance company mixed my personal information with a family members but didn't tell me. How can this be resolved?

I share a similar name with a grandparent and although they dont even drive, my insurance company considers them insured under the same policy. When I was injured in a car crash an adjuster created a PIP CLAIM using my grandparents identity and my medical information (combining the two). I... View More

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2023

A Texas attorney could advise best, but your question remains open for a week. A starting point could be to reach out to the claims office that originally mixed up the names and ask them to clarify their records. However, if the PIP claim was several years ago, it's possible the carrier closed... View More

2 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: If I’m involved in a personal injury lawsuit can the check effect my social security disability payments?

My attorney refuses to cut me a check after years stating it would affect my disability social security. Is this true?

John Michael Frick
John Michael Frick
answered on Feb 27, 2023

A personal injury settlement can, but does not necessarily, affect your social security disability payments. If a portion of the settlement is for lost wages, it can affect the amount of your payments. If the settlement is for past and future medical expenses, pain & suffering, property... View More

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3 Answers | Asked in Personal Injury for Texas on
Q: My husband was killed in an oil rig explosion accident. What kind of compensation might I be entitled in a lawsuit?
Jimmy Doan
PREMIUM
Jimmy Doan
answered on Feb 20, 2023

The tragedy of losing a loved one in an oil rig explosion accident is incomprehensible. The stark reality is that complete justice is elusive; however, the parties responsible for an oil rig explosion accident wrongful death can be held accountable. This includes ensuring that a surviving spouse... View More

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3 Answers | Asked in Personal Injury for Texas on
Q: My husband was killed in an oil rig explosion accident. What kind of compensation might I be entitled in a lawsuit?
Tim Akpinar
Tim Akpinar
answered on Feb 20, 2023

I'm very sorry for the loss of your husband. You could additionally post this under the Admiralty/Maritime category. The answer to your question requires a review of additional details, such as your husband's position, location of the rig, connection with a vessel or fleet of vessels (if... View More

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2 Answers | Asked in Personal Injury for Texas on
Q: I ordered food from a restaurant via door dash when my food arrived I ate the first taco.

When I bit into the food and Started eating the second taco I began choking. When I was able to throw the food up there was a staple in it. I contacted door dash who didn’t help. And then contacted the restaurant. I would like to know if I can sue the restaurant and door dash.

I’m... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2023

Maybe.

You’ll have to prove by a preponderance of the evidence how the staple got into your food and be able to attribute it to the negligence of either the restaurant or Door Dash (or the Door Dash driver if he/she is an independent contractor).

Your damages will be your medical...
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2 Answers | Asked in Personal Injury for Texas on
Q: I ordered food from a restaurant via door dash when my food arrived I ate the first taco.

When I bit into the food and Started eating the second taco I began choking. When I was able to throw the food up there was a staple in it. I contacted door dash who didn’t help. And then contacted the restaurant. I would like to know if I can sue the restaurant and door dash.

I’m... View More

Jimmy Doan
PREMIUM
Jimmy Doan
answered on Feb 27, 2023

Despite the convenience of food delivery services like DoorDash and Grubhub, by inserting a third party between you and the maker of your meal, there can be an added risk that something might go awry. In your particular situation, there are three parties that potentially may bear liability or... View More

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1 Answer | Asked in Personal Injury for Texas on
Q: Family member drove all terrain vehicle under influence on my property. Home owner not driving. Whose liable
Tim Akpinar
Tim Akpinar
answered on Feb 19, 2023

A Texas attorney could advise best, but your question remains open for two weeks. In terms of liability, the operator is generally liable, unless there is an age issue in terms of negligent entrustment or failure to supervise. If you're asking in terms of coverage due to any damage,... View More

1 Answer | Asked in Personal Injury, Identity Theft and Small Claims for Texas on
Q: If an inmate is sent a package (iCare) and gets out before he receives it, is there ground to sue if they forge name?

On December 21, 2022, I ordered a care package for an inmate in Fort Bend County. The inmate was released before receiving the package. However, instead of issuing refund, iCare stated he received and signed for package. They sent me an email with a forged signature. They refused to issue a refund.... View More

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

Yes. You can sue them for the forgery. You will have to prove who exactly did the forgery which may prove to be difficult.

Your damages are $37.82. So I would not expect an attorney to take the case on a contingency fee. You will have to do the cost-benefit analysis yourself.

2 Answers | Asked in Personal Injury for Texas on
Q: Gym machine failed while in use and I hit my head on the floor. Visitied hospital and need a CT scan. Legal options?

This gym is an upscale gym in Houston that charges members about $250 per month. They failed to maintain their equipment which caused my injury. I would like to know my legal options.

Jimmy Doan
PREMIUM
Jimmy Doan
answered on Feb 26, 2023

Sustaining an injury at your Houston gym undoubtedly is particularly frustrating and disappointing. You joined the gym in the first instance to improve your overall health and sense of wellbeing. Ending up injured while at the fitness center certainly is a regrettable, seriously negative state of... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: Family visiting operating all terrain vehicle under influence injury on property. Home owners not driving. Whose liable
John Michael Frick
John Michael Frick
answered on Feb 10, 2023

The answer depends on what caused the injury. If there was an unmarked dangerous condition on the land, the owner could be liable. If the intoxicated driver carelessly drove into an obviously visible tree, it’s likely the driver is liable.

Everything depends on the specific facts and...
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2 Answers | Asked in Personal Injury and Criminal Law for Texas on
Q: gay hate crime

asaulted when leavingb hotel

John Michael Frick
John Michael Frick
answered on Feb 7, 2023

You need to report the assault to law enforcement where the hotel is located. How serious your bodily injuries are will determine the class or degree of the charge. It would be ideal if you can readily identify the perpetrator. If not, how serious your bodily injuries are will likely dictate how... View More

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2 Answers | Asked in Personal Injury and Criminal Law for Texas on
Q: gay hate crime

asaulted when leavingb hotel

Jimmy Doan
PREMIUM
Jimmy Doan
answered on Feb 20, 2023

Suffering an assault in a hotel because of your presumed sexual identity is alarming. In such a situation, you very well may have two avenues through which you can seek recourse for the harm caused to you as a result of this hotel assault. In other words, you appear to have criminal and civil... View More

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1 Answer | Asked in Personal Injury for Texas on
Q: Can a insurance adjuster fill out a PIP claim for the insured without written consent?

Can the adjuster set up a claim & authorize the Release of Personal Health Information without the insureds written consent? I was advised the insurance company can create a claim & process payments without notifying the insured. Specifically, the insured is not required to complete &... View More

Tim Akpinar
Tim Akpinar
answered on Jan 31, 2023

A Texas attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney about specific state practices, consent is generally required nationwide. However, given the tight timeframes nationwide in filing for PIP benefits, it's... View More

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Personal Injury for Texas on
Q: Denied access to my home for medical by police in Texas. Which of my rights have been violated. Lost rt ft. To infection

Left home in fear for my life. Wife very abusive. I needed to get into home for wound care on my amputations of my toes. No orders on me at that time. Police told me to leave, I has to live in jeep, infection set in on rt ft. Lack of wound care. Lost limb was outcome from wife lying to police. My... View More

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

If your wife’s assault proximately caused the injury to your foot that resulted in the infection, you may be able to sue her for battery and recover your past and future medical expenses as well as any past and future lost earning capacity.

1 Answer | Asked in Personal Injury and Constitutional Law for Texas on
Q: city bus accident were the bus driver shuts the door in my face and pulls away and edit body cam falsified 911 records

How to make them give the information up and is it a violation of my constitutional rights of due process.

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2023

A Texas attorney could advise best, but your question remains open for two weeks and you may be losing valuable time if a public carrier is involved in an injury claim. At this point, consider reaching out to Texas accident attorneys to try to arrange a free initial consult - municipal carriers... View More

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Landlord - Tenant for Texas on
Q: Hotel I was staying at had a huge fire and all the residents were displaced, can't get my belongings. What are my rights

Hotel did not reach out to know where I spent the night or if I was ok, nothing. No communication from the hotel at all since the fire.

John Michael Frick
John Michael Frick
answered on Jan 8, 2023

Usually, in the event of a fire like this, you would submit a claim under your own renter’s insurance policy to your insurance company. Most such policies provide for both temporary living arrangements as well as replacing your personal property.

Your landlord (the hotel) would deal...
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