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Texas Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Civil Litigation, Insurance Bad Faith and Small Claims for Texas on
Q: Does a replied to email hold has much validation has a certified letter dose in court in Texas?³

Stowers someone for over policy limits

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

An email can be effectively used to transmit a Stowers demand to an opposing party’s insurance company.

The benefit of certified mail is you have clear documentation of delivery.

But you can also request a delivery or read receipt to an email. And often, the recipient will send...
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1 Answer | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Texas on
Q: How do you obtain salvage value in Texas?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

Total loss value in Texas is calculated using the National Automobile Dealers Association (NADA) guide to determine the listed retail value of the accident vehicle as of the date of loss.

1 Answer | Asked in Personal Injury, Constitutional Law, Gov & Administrative Law and Libel & Slander for Texas on
Q: Texas, 2002, report of Class C offenses by municipalities to DPS was optional. Does that make it a proprietary function?

Proprietary function as defined in the Texas Tort Claims Act. The report itself was completely false, as in added in error. No such arrest was made, yet it was entered and cleared 2 more stages of review before being transmitted beyond the municipality.

The entry made it all the way to my... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

This question relates to municipal liability and asks if a governmental function done ineptly or negligently by the municipality reverts to a proprietary function (a mo-and-pop-shop) so that liability attaches and no claim of governmental immunity stands.

We do not get nearly enough...
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1 Answer | Asked in Personal Injury, Civil Rights and Domestic Violence for Texas on
Q: if an 18 year old male and a 16 year old female fight who would be in the wrong?
John Michael Frick
John Michael Frick
answered on May 30, 2023

It depends on the facts and circumstances leading up to the fight.

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Hello i have a question to see if i may have a case i have a dr that put a device n my leg he told me that it would not

harm my leg ok it is causeing me to have an infection not once but twice he knows this he wont remove it he has blocked my phone calls and not responding to me

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

A medical malpractice claim requires that a doctor’s act or omissions fall below the standard of care of doctors in the same area of practice in the same or similar circumstances. The mere presence of an infection does not necessarily mean the doctor’s actions fell below the standard of care.... View More

2 Answers | Asked in Land Use & Zoning and Personal Injury for Texas on
Q: SCAM ARTIST IS SUEING ME SAYING THAT HE FELL ON MY PROPERTY. LIES!

I've Stressed out my mind over this cause i know its not true. He claims that my grass was SUPER HIGH and he couldn't see that the water METER wasn't covered. He also said that I told him it was MY FAULT(Lies). Last week I contacted the water Company about it and they sent Me a pic... View More

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

You can’t successfully countersue for emotional pain in this situation.

Mental anguish is difficult to quantify and is always subjective. The law limits the types of actions in which mental anguish is compensable to deter claims which cannot be objectively proven. Mental anguish...
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1 Answer | Asked in Personal Injury, Cannabis & Marijuana Law and Car Accidents for Texas on
Q: I was in a car accident January 12, 2023. NOT my fault. Got arrested for marijuana.

I was at a complete stop when a truck hit me going 70 mph. I was injured cop asked me for my license which was in the car in hidden compartment. I had been given a nug (less then a gram) of weed, a grinder and a pipe the day before. I had it in my car because I was currently staying with a friend... View More

John Michael Frick
John Michael Frick
answered on May 2, 2023

It is typical for first time drug offenders to receive probation, community service, and a small fine.

While many people think that is just a slap on the wrist, other people find it is sufficient to deter future similar criminal behavior.

If you don’t feel the punishment is right,...
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1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: My employer forced me to get the COVID-19 vaccination as a condition for hire after executive order GA-40 was in effect.

My employer forced me to get the COVID-19 vaccination as a condition for hire. I had inquired if there was any other way to get hired without having the COVID-19 vaccination and I was informed that there was not. I had found out later that there were exemption forms for existing employees after... View More

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

Under Texas Executive Order GA-40, the only penalty for an employer requiring an employee to receive a COVID-19 vaccine is a fine of $1,000 under Texas Govt' Code Section 418.173. It does not create a private cause of action that you can sue under. Moreover, you have not suffered any... View More

2 Answers | Asked in Family Law, Personal Injury and Civil Rights for Texas on
Q: Even though I am an adult living with my parents, are they allowed to deny me access to water or the bathroom?

Since December 27th of 2022, my parents have been locking me in the garage with no insulation, with no access to water or the bathroom.

Sharita Blacknall
Sharita Blacknall
answered on Apr 24, 2023

Leave and seek assistance if necessary.

In Texas, there are various resources available to help victims of abuse and neglect, including adult protective services, domestic violence hotlines, and legal aid organizations. It is important to know that you have the right to live in a safe and...
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3 Answers | Asked in Personal Injury for Texas on
Q: I live in Harris County, Mud71 Katy, TX.

who do I sue if my foot fell in a water meter on a customers property. I was cleaning her car for her and when i left my foot fell in the water meter. Whose Liable? Is it the Citys Property or the ladies property. The water meter is place at the edge of the road.

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

This is most likely something your worker’s compensation insurance will cover as you were providing services for a customer in the course and scope of your employment.

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1 Answer | Asked in Criminal Law, Personal Injury and Appeals / Appellate Law for Texas on
Q: Can a probation officer add probation violations after a summons even though I was in jail waiting to go to rehab?

I had a summons on February 3,2023 and went into custody that day and I spent 49 or close to 54 days in jail till I was transferred.

And I looked online the other day and now there are like 13 violations that isn’t true and forged my name on a court document as well as presented a false... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2023

Unfortunately, the PO and the DA are allowed to amend or add to the list of violations. They have to follow the rules and have to serve you again with the added charges as a matter of law.

If you have had some bad breaks, then you will need to tell the court about your situation and...
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1 Answer | Asked in Personal Injury and Products Liability for Texas on
Q: My loved one was hurt due to an adverse reaction to a medication would he be able to push the case in a different state?

Aprox early 2018 he had a severe adverse reaction to a medication he was prescribed and only recently has become mentally cognizant enough to realize how badly he was hurt. He wishes to push a case forward against the manufacturer but every lawyer we've talked to has had completely differing... View More

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2023

A Texas attorney could advise best, but your question remains open for a week. The type of case you describe is sometimes handled as part of a multidistrict litigation (involving various courts nationwide). These cases are sometimes complex in terms of venue (the issue of which district court a... View More

1 Answer | Asked in Personal Injury and Health Care Law for Texas on
Q: I was put in a choke hold by a nurse in the ER while trying to step outside, which aggravated existing neck problem.

I'm in Texas, I was at hospital voluntarily, stepped out to smoke a cig earlier, and was going to come right back like the first time, but a nurse came up from behind me and put me in a choke hold.

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2023

A Texas attorney could advise best, but your question remains open for two weeks. One option is to reach out to attorneys in Texas to try to set up a free initial consult. Such free consults are the norm with injury cases nationwide. Any attorney reviewing the incident would want more detail - if a... View More

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: What legal risks am I facing? Are the owners of the car I was driving at trouble?

If i had a car accident and I didn’t have insurance and I’m not the owner of the car. The police report put me at fault and the other driver passed away, but I know it wasn’t my fault. The tow driver talked to some witnesses and they told him there was another truck who hit the suv that hit... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 2, 2023

Did the owner of the car he e insurance or do you have any insurance on a car you own. If they sue you and are successful you will lose your driver's license.

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: How can I find a medical neglect attorney who would take my case if it is not worth hundreds of thousands of dollars ?

I injured my leg pretty bad and at the time didnt know my ankle was fractured. Next to my primary care doctor was a doctor who had orthopedic sports medicine specialty on his door he was only a DO. I made an appt. My leg was bruised from the top of the knee all the way down to my foot was black... View More

John Michael Frick
John Michael Frick
answered on Apr 1, 2023

The best way is to offer to pay an hourly fee plus all case expenses.

Clients with medical malpractice cases often expect an attorney to take their case on a contingency fee and to front all case expenses which can be substantial.

It rarely makes sense to do so unless the realistic...
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1 Answer | Asked in Personal Injury for Texas on
Q: Marcus can u please help me get my boyfriend home i will appreciate it if u can get back with me
John Michael Frick
John Michael Frick
answered on Apr 1, 2023

This is an open public Q & A forum, not an individual’s private email.

If you are trying to contact a specific person, you should write to that specific person’s email directly.

1 Answer | Asked in Personal Injury for Texas on
Q: Being threatened with a subpoena for deposition out of state

An ex-boyfriend of mine, who still stalks me to this day, is having me subpoenaed for deposition for a personal injury lawsuit that he filed. I don’t want anything to do with this man or this lawsuit. How do I get out of this? I live in Texas the lawsuit is in Las Vegas. I know he’s going to... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 1, 2023

A party to a lawsuit can enter settlement negotiations at any stage in the process. Ask him what it would take to settle the case to buy your peace. If a case doesn’t settle then you have to continue fighting it.

1 Answer | Asked in Personal Injury for Texas on
Q: Can you sue a manager from a retail store for physical abuse with out doing nothing to cause for the action.And for a

Do you have a time limit to charge a person for a criminal case

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

You can sue the manager for your personal injury up to two years after the incident occurred.

Only the district attorney can charge the manager with a crime. The DA does have a time limit to do so but is highly unlikely to do so at all if you did not call police to report it when the...
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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: The hospital gave me a medication 900 mg higher than my usual dosage which caused me to be admitted to a rehab facility.

I was prescribed gabapentin at 1200 mg a day while in the hospital and in the rehabilitation center. While in the hospital I went from being able to barely walk from sickle cell pain to not being able to walk without the assistance of a wheelchair or walker with extreme tremors! The hospital then... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 15, 2023

You have a potential medical malpractice case consult with experience, Medical Malpractice attorneys in your state

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....
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3 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Can I sue my doctor for negligence after a cortozine shot that left me paralysis for few mins

I went for injection for my neck pain .after the injection my body was numb I couldn't feel my arms or finger for like 5 mins .so I didn't have a driver to take me home so I drove and park some were cause I was scared .so I manage to call my wife and told her about the situation. So she... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2023

You can sue your doctor for medical malpractice if his actions fell below the standard of care for a practitioner in his field of medicine.

You will need to present expert testimony from another practitioner in the same field as to what the standard of care is, how your doctor’s actions...
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