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1 Answer | Asked in Workers' Compensation for Texas on
Q: I have lifetime medical through Texas mutual workers Comp insurance and after five or six surgeries to my foot it finall

I have lifetime medical through Texas mutual workers Comp insurance and after five or six surgeries to my foot it finally had to be amputated. Am I entitled to further compensation for the loss of a foot

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S. Michael Graham
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S. Michael Graham
answered on Sep 9, 2024

You are still entitled to reasonable and necessary medical care only. If you have not had an impairment rating and/or it's still within 90 days, you could challenge the rating and obtain a higher rating. I don't know if you have other injuries, that would qualify you for lifetime income... View More

1 Answer | Asked in Business Law and Collections for Texas on
Q: I'm being sued by Discover credit card after going through debt consolidation. do I need lawyer ?

Is debt consolidation legal? I have never missed a payment to debt consolidation. I have multiple sclerosis and am so sick most of the time, Im frustrated and scared to death . any helpful information on what to do would be so very appreciated. I didnt know debt consolidation could land me in this... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 7, 2024

The debt consolidation companies are not always clear on what they can or cannot due. The creditor must agree to the payment plan or the compromised payment. Without it they can sue. Find defenses to the defense and negotiate a settlement. If you still have many other debts, bankruptcy might be... View More

1 Answer | Asked in Domestic Violence for Texas on
Q: assault family violence case where I was arrested even though I’m the victim. I have provided my court appointed attorne

attorney with multiple videos of her coming up and hitting me unprovoked and being the aggressor every time and I’m still being punished. It seems like he’s helping the DA instead of me. What can I do? I also have multiple witnesses who are ready to testify against her and he’s basically... View More

Madolyn García Falone
Madolyn García Falone
answered on Sep 7, 2024

If your court-appointed attorney isn't giving you a defense you're comfortable with, then you're absolutely free to hire a private criminal defense attorney. No attorney-- appointed or private-- will be able to guarantee any particular outcome. That said, because you get to choose... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Texas Divorce - Personal jurisdiction over non-resident spouse

I moved to TX about 8 months ago for a new job, so i am eligible to file here. spouse still lives/works in CT where we lived for 15 years and own a house. we have never lived in TX and do not own a property here. spouse is planning to visit TX for the first time ever. if he is served divorce papers... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2024

Your question concerns what is called "tag". "tagging", or "transient" jurisdiction. One traditional way in which a court can acquire personal jurisdiction over a defendant is by personal service of process within the jurisdiction. "Tagging" raises the... View More

2 Answers | Asked in Medical Malpractice for Texas on
Q: IUD places through my uterus

The IUD migrated from from my uterus area into my abdomen causing me extreme pain both the emergency room doctor and my oh said it was shoved through my uterus not even close to being done right I have a recording of the on stating that

Gail N. Friend
Gail N. Friend
answered on Sep 6, 2024

this can be a complication or negligence. Suggest that you obtain medical records asap -- (fastest means for doing so is on the facility's/clinic's website), and seek an attorney who is experienced in medical malpractice asap. You did not state how long ago this occurred, but there is... View More

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2 Answers | Asked in Medical Malpractice for Texas on
Q: IUD places through my uterus

The IUD migrated from from my uterus area into my abdomen causing me extreme pain both the emergency room doctor and my oh said it was shoved through my uterus not even close to being done right I have a recording of the on stating that

Joel Gary Selik
Joel Gary Selik
answered on Sep 6, 2024

Misplacement of an IUD can be malpractice. If the procedure was done below the standard of care, the health care worker could be liable for malpractice. Another requirement is to prove the harm cased by the malpractice. Due to the nature of medical malpractice cases, the nature and extent of the... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: How long will my husband have to serve on a 6 year sentence in Texas for a non 3g offense?

Is 6 months all that is served on a 6 year sentence in Texas? Can he be paroled from the county jail? Does the parole board typically approve first parole on a violation?

Michelle  Lugo
Michelle Lugo
answered on Sep 6, 2024

There is no set answer to this. Generally, we can speculate that he will serve quarter time, or a quarter of the time he was sentenced to serve if it is not a 3g offense, but that is up to the prison system and will depend on several factors. The best thing you can do for him is to get an... View More

1 Answer | Asked in Contracts, Criminal Law, Domestic Violence and Landlord - Tenant for Texas on
Q: I have a 5 yr PO; I’d like to get out of my lease. My dad is a co-signer on my apartment; will they go after him?

I have a 5 year protective order, I lived in this apartment with my abuser and want to move out. He no longer lives there; however I fear he may send people my way- and I would like to live somewhere he can’t pursue me. My dad is a co-signer on my lease but NOT a resident- will they go after him?... View More

Michelle  Lugo
Michelle Lugo
answered on Sep 6, 2024

If your Dad is a cosigner on the lease, they can contractually pursue him for any amounts agreed to in the lease, including any attorneys' fees incurred by the complex owner(s) pursuing the damages suffered as a result of the broken lease. That stated, you should consult with a landlord... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Q: Can 2 minors my mother has temp custody of come live with me and my wife while we are petitioning for adoption/guardian

My aunt was given power of attorney of two minors who are her nieces that were removed from their home by CPS. My aunt then gave my mother temporary custody. CPS is saying the case is closed, parental rights are severed, and my aunt no longer has POA since signing over temp custody. The question is... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2024

Whoever has been appointed managing conservator of the children can consent, orally or in writing, for the children to live with you.

That consent will not, however, accomplish certain goals like enabling you to enroll the children in a public school, consent to medical treatment, consent...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can anything be done about my felonies? I'm tired of being punished.

I was convicted of 2 felonies at age 17 for False Alarm or Report and Burglary of a Building with intent to commit criminal mischief for breaking into an empty office building and spraying fire extinguishers with some friends when i was 17 in Texas in 2013. I have not been in trouble since. I am... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2024

Being a Felon is a burden. To answer your question: "Can I do anything about my felonies?", I would have to see your court records. Some felonies can be expunged, or removed from your records. However, that is available in very few situations. If you pled Guilty, and there was no... View More

2 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: adversely impacted by Texas bill SB 1801. The County Appraisal District is attempting to collect taxes for 5 years back

can we invoke "ex post facto" doctrine in this case

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2024

My understanding of the Bill you mentioned, is an additional part of the Tax Exemption law in Texas. The Bill allows the Tax Appraiser in each county to verify the property owner's exemption status every 5 years. That verification may be done in portions, and broken up into multiple years of... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: What does bring defendant to court in person withdrawal modification plea mean

My husband is on deferred probation but he's in jail for mtag

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024

It sounds like they will be bringing your husband to modify the terms of his deferred adjudication, or to revoke his deferred adjudication, for a violation of the terms of the same. Depending on which county your husband had pled, you can look-up his case and the status. To Revoke someone's... View More

3 Answers | Asked in Divorce and Civil Rights for Texas on
Q: my soon to be ex hus somehow has gained access without consent to private info in my personal cell. Is this illegal?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024

Hard to say if your Ex Husband's possession of your private info is illegal. The following questions would have to be answered first:

1. How did he get the Info?

2. What is the nature of the info?

3. Is he publishing the info? If so, to whom?

4. Can you show...
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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: If I am in a trust as a beneficiary but in the will in probate stepmother says she is only beneficiary. Possible?

Dad's will in probate his widow states she is only beneficiary of dad's estate period. Also does not have to provide inventory list since she is ONLY heir. On aff. Of heirship on house she lies and says dad died without a will then 1 month later puts a will thru probate.

James Clifton
PREMIUM
James Clifton
answered on Sep 5, 2024

It is possible to have both a trust and a will that affect an estate. If you are a named beneficiary in the trust, but your stepmother claims to be the sole beneficiary in the will, it is important to distinguish between what assets the trust controls and what the will governs. Trust assets... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I ran from Oklahoma police into Texas. Oklahoma didn't file charges on me Texas did. Texas was never in the chase.

How can tx file on me when I evaded oklahoma

Michelle  Lugo
Michelle Lugo
answered on Sep 4, 2024

This is a bit complex to answer because there is additional information needed to answer well. Whether or not Texas has legal grounds to charge you will depend on what all transpired after you entered Texas and what the State of Texas is charging you with. If it is evasion in Texas, then perhaps... View More

1 Answer | Asked in Workers' Compensation and Employment Discrimination for Texas on
Q: I was fired from my job one week after filing a worker’s comp claim. Is this something an attorney needs to handle?

Physician ordered head CT scan and was approved by WC.

John Michael Frick
John Michael Frick
answered on Sep 4, 2024

It is illegal to terminate an employee in retaliation for filing a WC claim. The timing raises the suspicion that you were terminated for filing your workers compensation claim. Of course, there may be other legitimate reasons why you were terminated. For example, an employee may be terminated... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Can an apt complex legally enforce requirements NOT detailed in the lease/a lease addendum? Is it time to get a lawyer?

I'm closing on a home; I've provided my 30 days notice as the lease stipulates. I've read my lease several times. I can't find any clauses which coincide with what I'm being told about: the inability to terminate my lease early; clauses that denote the complex will do... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2024

In the absence of an agreement to the contrary, a lease for a specified term continues until the end of that term. For example, if you agreed to a lease for a term of one year with a commencement date of December 1, 2023, that lease does not end until November 30, 2024. The parties can agree... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: 3 day notice to vacate in Texas. Lying landlord.

We are already moving out, but we got a 3 day notice on our door and then a text from the landlord that I must reply today by end of day or she will proceed with eviction. Don’t I have 3 days to respond? Or can she really proceed if I don’t reply the day she gave us the 3 day notice?

John Michael Frick
John Michael Frick
answered on Sep 4, 2024

A 3-day notice to vacate is given when a tenant has not paid their rent in full in a timely manner. Whether you respond to the notice or not, the landlord can proceed with the eviction three days after the notice was given unless the tenant has fully paid all rent which has accrued and surrendered... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What does it mean if a judge asks for final decree with prior order?

I’m working on my divorce with a child that was born during but not of marriage, my divorce was granted but she asked for final decree with prior order. What does that mean?

John Michael Frick
John Michael Frick
answered on Sep 3, 2024

You need to submit a proposed Decree of Divorce containing the divorce and property division for the judge to sign, along with a certified copy of the prior order from the other case establishing the paternity of the child. The judge needs to confirm that no orders respecting that child need to be... View More

2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: I’m being sued any I would like to appeal?

I am seeking legal assistance in addressing a lawsuit filed against me during the pandemic. As a 72-year-old individual with limited technical proficiency, I was served via email. Currently, I am separated from my spouse, and we maintain separate residences while remaining legally married. The... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2024

I'm sorry this happened to you and your wife, given the difficult position you describe yourselves to be in. Depending on the underlying matter that led to the judgment, it could be worth exploring legal aid or pro bono assistance. Appeals tend to be costly and more complex than first-level... View More

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