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Texas Wrongful Death Questions & Answers
1 Answer | Asked in Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: Why are emergency rooms in Florida and Texas refusing to help a pregnant women? Two instances where this happened?

Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

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

1 Answer | Asked in Products Liability, Personal Injury and Wrongful Death for Texas on
Q: I received settlement from Bayer/Monsanto for my husband's non Hodgkin'lymphoma. After they offered me the initial sett

Settlement they then asked me if I could hold out for a larger settlement as my husband passed away from his Roundup exposure. It is now been 2 years and still no settlement they say keep holding out if possible is this normal?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

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

1 Answer | Asked in Wrongful Death for Texas on
Q: MY SON PASSED AWAY IN THE TEXAS DEPARTMENT OF CORRECTIONS, AND I CAN NOT FIND A LAWYER TO TAKE MY CASE. WHY IS IT SO HA

WHY IS IT SO HARD TO FIND A LAWYER TO GO AGAINST TEXAS DEPARTMENT OF CORRECTIONS

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Because it is very difficult to successfully prosecute a lawsuit against the Texas Department of Corrections, most attorneys will not accept such a case on a contingency fee. No one wants to spend the large amount of time and energy necessary to successfully pursue a wrongful death claim without... View More

1 Answer | Asked in Civil Rights and Wrongful Death for Texas on
Q: Can I file a tort claim or civil right claim against the texas department of correction

My son died Nov 16 2023 while taking a shower at the powledge unit in Palestine tx. He yelled" I'm having a stoke, the officer in charge walked up to see him and said he was faking. Finally because inmates yelling for his help another officer comes in and calls for medical assistance, but... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

In the wake of such a tragic loss, you might indeed consider taking legal steps against the Texas Department of Corrections, especially given the circumstances surrounding your son's death and the inmate grievances filed in response. Both tort claims and civil rights claims could potentially... View More

2 Answers | Asked in Personal Injury, Products Liability and Wrongful Death for Texas on
Q: How much to ask for as it relates to pain and suffering?

Spouse was diagnosed with stage four cancer at 47. He worked in contaminated train yard for 17 years. The contamination was unknown at time of diagnoses.

He said, come to his injuries and leave behind one spouse of 20 years, who he intended to send back to college because she was a stay at... View More

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

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

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2 Answers | Asked in Personal Injury, Products Liability and Wrongful Death for Texas on
Q: How much to ask for as it relates to pain and suffering?

Spouse was diagnosed with stage four cancer at 47. He worked in contaminated train yard for 17 years. The contamination was unknown at time of diagnoses.

He said, come to his injuries and leave behind one spouse of 20 years, who he intended to send back to college because she was a stay at... View More

John Michael Frick
John Michael Frick
answered on Mar 8, 2024

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

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1 Answer | Asked in Animal / Dog Law and Wrongful Death for Texas on
Q: Can you sue animal control for seizing your animals while you are in jail and have them euthanized
John Michael Frick
John Michael Frick
answered on Jan 25, 2024

It depends upon the particular facts of your situation. It is important to consider what arrangements you made for your animals to be properly cared for while you were in jail and why the animals were seized by animal control.

If the animals were being properly cared for and animal...
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1 Answer | Asked in Civil Rights, Wrongful Death and Civil Litigation for Texas on
Q: How do I go about making a civil suit on WacoPD for murder and also the state for wrongful conviction
John Michael Frick
John Michael Frick
answered on Jul 25, 2023

To report a murder, go to the appropriate law enforcement agency for the area where the murder was committed. If the murder occurred in the City of Waco, you can report the murder to Waco PD or to the McLennan County Sheriff's Dept.

To file a wrongful death lawsuit, you should hire...
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3 Answers | Asked in Wrongful Death for Texas on
Q: My daughter was killed by a drunk & high driver. The DA on the case is not going to try the man for manslaughter.

They said my daughter was driving too fast and they think that the defense would beat them because of that. She was going 93 on impact the speed limit is 75 mph. They are only charging him with DWI & possession. I need to know if that's can be fought or not? Proof from the police reports... View More

John Michael Frick
John Michael Frick
answered on Jun 30, 2023

Because intoxication manslaughter is a second degree felony, a District Attorney cannot pursue charges for intoxication manslaughter against an individual unless a grand jury indicts that individual. If your daughter was driving 93 mph, it may be difficult to persuade a grand jury that a collision... View More

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3 Answers | Asked in Wrongful Death for Texas on
Q: My daughter was killed by a drunk & high driver. The DA on the case is not going to try the man for manslaughter.

They said my daughter was driving too fast and they think that the defense would beat them because of that. She was going 93 on impact the speed limit is 75 mph. They are only charging him with DWI & possession. I need to know if that's can be fought or not? Proof from the police reports... View More

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2023

I'm so sorry for the loss of your daughter. Your post is heartbreaking and I wish you and your family condolences. I can't speak for Texas criminal procedure, but in your pursuit for justice, I believe there are compelling issues that an experienced civil trial attorney would use in the... View More

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1 Answer | Asked in Products Liability and Wrongful Death for Texas on
Q: I'm in a wrongful death lawsuit with Bayer. Can their history of government fines be construed as a "pattern of behavior

Bayer has been fined and sanctioned by the Justice Dept. and other government agencies any number of times, including recent ones regarding various products they produce and which have caused harm.

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

Bayer makes a lot of different products from pharmaceuticals to seeds.

I would think to establish a pattern relevant to a particular suit the fines would need to involve the same product and the same or similar behavior as in your pending lawsuit.

2 Answers | Asked in Personal Injury, Arbitration / Mediation Law, Civil Litigation and Wrongful Death for Texas on
Q: Can I sue a jail if 3 doors were left unsecured and my son escaped?

The jail was sited with a non compliance 28 days after this incident. My son hijacked a car, led police on a 107 mile chase that ended with police shooting my son in the back. He died later that day.

John Michael Frick
John Michael Frick
answered on Jul 19, 2024

Not successfully.

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2 Answers | Asked in Criminal Law and Wrongful Death for Texas on
Q: Is a six month old text message from a decedent to a third party valid testimony or evidence
John Michael Frick
John Michael Frick
answered on May 28, 2024

It can be depending upon other facts not mentioned in your question.

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1 Answer | Asked in Agricultural Law, Criminal Law, Appeals / Appellate Law and Wrongful Death for Texas on
Q: Would any law firms take on a death penalty case for free?

I have a friend on death row in Texas who is currently trying to appeal his sentencing. Would any law firms take his case on for free?

Tara Gilmore-Low
PREMIUM
Tara Gilmore-Low
answered on May 24, 2024

There are firms who handle a number of appeals on a pro bono basis, however, your better bet is to contact the Innocence Project.

1 Answer | Asked in Criminal Law and Wrongful Death for Texas on
Q: Where can I find current information on the trial of Raynaldo Ortiz?

Trial should have started in Judge Godny's court early February

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 15, 2024

Go to the district clerk office in the county the trial was held and they can pull the case for you.

2 Answers | Asked in Wrongful Death for Texas on
Q: Could you tell me if this is a case someone would take died while being transported from prison to another prison

Supposedly fell out of van or bus and broke his neck he was shackled and handcuffed

Asking for a friend just wanting to find out if this is a case that someone would take

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 5, 2024

Yes. If the facts are correct a attorney would take the case

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1 Answer | Asked in Wrongful Death for Texas on
Q: Can I sue Bard Systems Power Port for infections causing death of my husband July, 2019?Thank you

I just found out this week that Bard Systems Power Ports have caused a number of deaths.

Due to infections and immediate removal of port, my husband could not receive chemo and he died less than a month later.

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

In Texas, the heirs of a decedent must sue for his wrongful death within two years of the date of his death.

1 Answer | Asked in Wrongful Death for Texas on
Q: I want to sue the state police I live in lovington nm

My brother was killed on october 13 2022 he was followed and someone caused him to roll his truck he survived the roll over he was on the side of the road after he got out his truck and his mother in law at the time hit him with her car and sadly he passed she claims she did see him tell she... View More

John Michael Frick
John Michael Frick
answered on Oct 9, 2023

It doesn’t sound like you have any cause of action against police.

If you are the personal representative of your brother’s estate, you may be able to bring a case on behalf of his estate against his mother in law.

2 Answers | Asked in Criminal Law, DUI / DWI, Car Accidents and Wrongful Death for Texas on
Q: Question on attorney-client privilege vs ethics in regards to knowledge of a clients for someone's death in a dui charge

My girlfriends son was out with his gf and her friend and some sort of car accident happened which resulted in his death. The two girls said that he climbed out the rear window while they were driving because they were fighting. Police believed them (although they were allowed to fill out a single... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 2, 2023

It is protected by the attorney client privilege. The paralegal is in violation of her duties and the attorney is in violation of his ethical obligations because of what the paralegal did.

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3 Answers | Asked in Legal Malpractice and Wrongful Death for Texas on
Q: My husband was in a rehab facility and there where several incidents that occurred and this last one resulted in his de

Resulted in his death what should I do

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

The first thing is have someone perform an autopsy on your husband’s body to determine the cause of his death. Ask the medical examiner to focus on any mistreatment or malpractice that might have contributed to his death. Include a full toxicology screen.

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