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Texas Personal Injury Questions & Answers
1 Answer | Asked in Landlord - Tenant, Insurance Defense, Personal Injury and Real Estate Law for Texas on
Q: Apartment maintenance caused damage to my car; who is liable?

While the maintenance man at my apartment complex was using a weed eater near my parked car, he accidentally launched a rock that shattered my car's window. I tried speaking to the landlord/apartment manager, but she said there's no proof it happened and refused to show me security camera... View More

John Michael Frick
John Michael Frick
answered on May 8, 2025

Depending on the specific facts, it may well be that no one is responsible. It sounds like an accident. Your automobile comprehensive insurance coverage should cover the damage regardless of whether anyone is at fault.

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Can I sue a dental practice for braces leading to jaw misalignment, pain, and facial disfigurement?

I got braces at the age of 14, which were on for two years. Initially, I felt something was wrong, but it became apparent about a year in that my bite was misaligned, my jaw grew lopsided, and my facial bone structure shifted. This has resulted in significant neck, shoulder, and back pain, as well... View More

John Michael Frick
John Michael Frick
answered on May 7, 2025

The statute of limitations for a health care liability claim is two years. You, or your parents if you are still a minor, can file a lawsuit against the dentist as long as not more than two years have passed from the date of the dentist's negligent act or omission. It sounds like you became... View More

2 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Texas on
Q: How to seek compensation after an accident when the at-fault vehicle was stolen?

I was involved in a car accident two months ago in which the other driver was at fault, as indicated in the police report. The driver's insurance was with Progressive, but now they are stating that the vehicle he was driving might have been stolen, and therefore I may not receive any... View More

John Michael Frick
John Michael Frick
answered on May 7, 2025

Regardless of whether the vehicle was stolen, you can still sue the at-fault driver of the other vehicle for the injuries caused by his negligent operation of the vehicle. The other driver may or may not have sufficient non-exempt assets to pay the amount of any judgment awarded to you for your... View More

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1 Answer | Asked in Medical Malpractice, Workers' Compensation and Personal Injury for Texas on
Q: Can MMI be retroactive before doctor visit and address treatment denial?

I underwent a cervical spine fusion surgery covering 3 levels. In July 2024, the surgeon said I needed surgery, and subsequently, I received an MMI rating. However, this rating was retroactively dated to December 2023, even though I had not met the doctor until July 2024. This led to the denial of... View More

John Michael Frick
John Michael Frick
answered on May 1, 2025

Yes, MMI can be, and often is, prior to the date of a doctor's visit. The doctor usually determines MMI from a review of your medical records. Obviously, the statutory date of MMI is the last possible date. For example, a doctor in July 2024 could determine from both a review of your... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: Suffered facial fractures after donating plasma; allowed despite failing vital checks and felt dizzy; fell and injured face.

I suffered three facial fractures after donating plasma at CLS Plasma. Despite failing the preliminary vital signs check, I was allowed to donate and was not prevented from leaving the donation booth when I felt dizzy, sweaty, and overheated. I passed out about 15 ft from my booth, resulting in... View More

John Michael Frick
John Michael Frick
answered on Apr 28, 2025

It is conceivable that you may have a valid health care liability claim. The advisability of pursuing such a claim depends heavily on the amount of your actual damages. You should anticipate that it will be necessary to hire a medical expert at the beginning of your case to prepare and submit a... View More

1 Answer | Asked in Civil Rights and Personal Injury for Texas on
Q: I was detained for one hour, allegedly due to unregistered rental car. Looking for officer info to file a complaint.

I was detained and handcuffed for approximately one hour because the rental car from Alamo I was driving was allegedly not registered in Texas. The officer stopped me for an obscured license plate, but the registration issue led to my detainment. Alamo claims their car was registered, suggesting... View More

John Michael Frick
John Michael Frick
answered on Apr 23, 2025

You would need to identify the law enforcement agency or the officer who was involved in order to obtain records. There is no central depository or list of all traffic stops made throughout the state or within a particular region. Each law enforcement agency maintains its own records. You may be... View More

3 Answers | Asked in Contracts, Civil Litigation, Personal Injury and Criminal Law for Texas on
Q: Legal actions for premature car repossession due to verbal agreement breach.

I borrowed $1100 in December 2024 under a verbal agreement that I had 6 months to repay the money, during which my car couldn't be taken. Despite this, the lender impersonated a hotel manager to have my car towed away prematurely on April 12, 2025, only 4 months into the agreement. I called... View More

John Michael Frick
John Michael Frick
answered on Apr 15, 2025

In the absence of a recorded lien against the motor vehicle as collateral securing repayment of the loan, the lender violated Texas law by taking possession of your motor vehicle. You should report the taking of your car to local police.

You also can file a lawsuit under the Texas Theft...
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Q: Challenge POA legitimacy and estate distribution among siblings in Texas.

In Texas, my sibling presented a notarized Power of Attorney, reportedly signed by our mother, who was under Medicaid and in poor health. This was done without involving other siblings or reaching an open, written agreement. Our mother had suffered a severe fall due to an incident with an American... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

To successfully challenge the use of a POA before your mother's death, you will need to prove that, at the time she signed the POA, she was mentally incompetent to do so, she was under duress (someone threatened her with bodily harm),or it was obtained by fraud (she reasonably believed she was... View More

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3 Answers | Asked in Personal Injury, Landlord - Tenant and Real Estate Law for Texas on
Q: What type of lawyer for elevator incident personal injury claim in Texas?

I need legal assistance regarding a personal injury and emotional distress claim against my apartment complex. My son and I were stuck in the apartment elevator for over an hour after a sudden power outage caused it to drop suddenly. I've attempted to make an incident report with the apartment... View More

James Clifton
PREMIUM
James Clifton
answered on Apr 13, 2025

You will need a personal injury attorney with an emphasis on premises liability at apartment complexes. Regarding your injuries, you likely have a claim for negligence due to the sudden drop of the elevator. The drop could be due to skipped maintenance or lack of emergency systems, causing your... View More

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2 Answers | Asked in Landlord - Tenant, Contracts, Consumer Law, Personal Injury and Real Estate Law for Texas on
Q: Seeking attorney for breach of lease and deceptive trade in TX

I'm looking to find an attorney who works on a contingency basis to help with a breach of contract and deceptive trade practices case concerning a leased premises. For about a year, I've been living with mold and bad water. Despite my written complaints over the past 11 months, the... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

In the absence of significant damages, it will likely not be possible for you to locate an attorney willing to work on such a case on a contingency fee basis. You would need to show some sort of "value" to the leased premises. If it is a commercial property in a prime location with a... View More

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2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for Texas on
Q: Is it legal for police to T-bone my car and eject me during a chase, causing lasting injuries?

I was involved in a high-speed police chase in September 2023 that started in Trinity County, Texas. During the chase, my vehicle was T-boned by a police officer's vehicle at an intersection, causing my car to crash into oncoming traffic. I managed to maneuver back into the correct lane, but... View More

John Michael Frick
John Michael Frick
answered on Apr 3, 2025

There is an entire body of case law concerning civil liability for motor vehicle collisions occurring during a police chase. There is no question that you will be legally responsible in full or in part for your own injuries and damages. It is, however, possible that police could also be legally... View More

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3 Answers | Asked in Criminal Law, Personal Injury and Car Accidents for Texas on
Q: What happens if I report my son driving my car without consent as stolen?

I have two cars in my name, and I regularly allow my adult son to drive one of them. We live together, and there is documentation regarding his use of the car. Today, we had a disagreement, and I told him not to leave in the car, but he did anyway. Given the circumstances, if I report the car... View More

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2025

A Texas attorney could advise best, but your question remains open for two weeks. I could only speak for the aspects of the question under your "Personal Injury/Car Accidents" headings. It doesn't sound like a matter that an insurance company would take seriously in terms of a... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Q: Is failure to provide pain relief after a difficult dental extraction, due to policy prohibiting narcotic analgesics, a tort?

Is it considered a tort if a dentist fails to provide adequate pain relief following a difficult dental extraction due to a practice policy that prohibits narcotic analgesics? There were no complications during the procedure, but I was advised to take more OTC ibuprofen than the manufacturer's... View More

John Michael Frick
John Michael Frick
answered on Mar 31, 2025

It is probably not a tort. The American Dental Association recommends that dentists not prescribe narcotics for pain relief following a tooth extraction.

There are various studies showing that over-the-counter pain relievers like acetaminophen (Tylenol) and ibuprofen (Advil, Motrin)...
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3 Answers | Asked in Car Accidents, Civil Litigation, Insurance Defense and Personal Injury for Texas on
Q: How can I effectively proceed with an auto accident lawsuit after facing challenges with my lawyers and unresponsive insurance?

I was involved in an auto accident while riding my moped, which left me with a broken collarbone, clavicle, and thumb, and my moped was totaled. The other party, who was driving a truck, was at fault. I have hired lawyers, but one quit because they didn't think they could win, and the current... View More

John Michael Frick
John Michael Frick
answered on Mar 31, 2025

Because of professional ethics, neither the other party's insurance company nor their attorney will speak with you directly as long as you are represented by a lawyer.

You should schedule an office conference with your new lawyer to discuss your case. There could be many reasons why...
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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Texas on
Q: Should I pursue full uninsured coverage for a 4-year-old accident?

I was involved in a not-at-fault accident nearly 4 years ago in Texas, and the at-fault driver's insurance only covered the state minimum of $30,000. I have $100,000 uninsured/underinsured coverage with my insurance, and I filed a claim back in 2021. Recently, my insurance offered me half of... View More

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2025

A Texas attorney could advise best, but your question remains open for over two weeks. You ask many good questions, but a meaningful response would result in a memo several pages in length. It isn't clear if you are represented by an attorney. If you are, these are things to sit down and... View More

2 Answers | Asked in Constitutional Law, Appeals / Appellate Law, Civil Litigation and Personal Injury for Texas on
Q: Does Texas Tort Act violate due process in body parts' sale case?

In Texas, the Tort Claims Act states that a government entity does not need to disclose details or the extent of its insurance coverage. I believe this violates my constitutional right to due process according to both the U.S. Constitution and the Texas Constitution. The University of Texas Medical... View More

John Michael Frick
John Michael Frick
answered on Mar 24, 2025

There is no constitutional right that requires a government entity or other party to disclose the extent of its insurance coverage. In cases like your, the existence or non-existence of insurance coverage will almost always be inadmissible as evidence. This is particularly true if, as the... View More

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2 Answers | Asked in Criminal Law and Personal Injury for Texas on
Q: Friend stole my motorcycle, have video evidence, what to do?

A friend of mine, whom I trusted, stole my motorcycle while I was sleeping. I have video evidence of the incident. I have not yet reported it to the police. What steps should I take to recover my motorcycle and address this legally?

John Michael Frick
John Michael Frick
answered on Mar 19, 2025

You need to notify law enforcement as soon as possible, give the investigating officers the videotape, and file a police report. It is likely your friend will claim to have had your permission to use your motorcycle. So be very clear and very consistent with police that you never gave your friend... View More

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2 Answers | Asked in Personal Injury, Landlord - Tenant and Civil Litigation for Texas on
Q: How can I sue my apartment complex for security failures leading to an assault?

I want to sue my former apartment complex after a violent incident. My ex-boyfriend, who was convicted and sentenced to 40 years in prison for aggravated assault with a deadly weapon causing serious bodily injury, attacked me in my apartment. I sustained severe injuries, including a broken jaw,... View More

James Clifton
PREMIUM
James Clifton
answered on Mar 19, 2025

If your apartment complex failed to provide adequate security and had a disabled call box that prevented a timely police response, they will be liable for your injuries. The apartment complex has a duty to provide working gates and call boxes if those were safety features originally in place when... View More

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2 Answers | Asked in Criminal Law, Personal Injury and Legal Malpractice for Texas on
Q: Charged with possession in Texas, how to address discovery issues with my lawyer?

I've been charged with possession of over 400 grams of drugs found in a truck that wasn't mine. The owner of the truck promised to take responsibility for the drugs, which belong to him, but he hasn't come forward, and now all three of us are charged. I've spent $10k on bond and... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2025

You should contact your lawyer's office to schedule a time to review the discovery and to discuss your case in greater depth with your lawyer. You should send your lawyer's office complete contact information for your witness including the witness's physical residence address, work... View More

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2 Answers | Asked in Civil Litigation, Libel & Slander, Landlord - Tenant and Personal Injury for Texas on
Q: Can I sue ex-roommate in TX for taking belongings and damaging reputation?

I filed a police report because my ex-roommate took my collectable coins without my permission, adversely affecting my financial stability, emotional health, and overall life. She refuses to allow me back on the property to retrieve my belongings, claims all my properties as hers, and has tarnished... View More

John Michael Frick
John Michael Frick
answered on Mar 15, 2025

You can sue her for the fair market value of the collectible coins she took.

You may or may not be able to sue her for injury to your reputation depending upon what was said, to whom, whether they believed it, and took some sort of action against you because of what was said. For example,...
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