Texas Personal Injury Legal Questions

If this injury happened while you were working, in many states your claim would fall under workers' compensation. Work comp is typically “no fault" and would cover your medical bills, a portion of your lost wages, and an injury settlement. Work injury laws vary greatly in different states, so it's best to consult with an accident lawyer licensed in your state as soon as possible. In most states, you cannot sue a co-worker for negligence if the injury occurred within the scope of employment. However, if the at fault party was employed by someone else, you could potentially have a 3rd party claim in addition to your work comp claim. This type of claim would typically allow a recovery for pain and suffering and could significantly increase the total value of your case. Please be advised that this answer is for informational purposes only and does not create an attorney-client relationship. I would recommend that you speak with an attorney licensed in your state as soon as possible. There could be notice deadlines approaching.... Read Answer

It is gratifying that you recognize this was most likely an unfortunate accident.  It is common for certain businesses that provide potentially dangerous activities, like a trampoline park, to require such a waiver as a condition for participation in the activity.  Some individuals are not as well-grounded as you and would try to sue them for such an accident.... Read Answer

Whether you should sue Sonic for finding a roach in your burger is up to you.  In a lawsuit, you may recover the damages you sustained as a result of the acts or omissions of Sonic or its employees.  Your burger was a non-conforming good because a reasonable trier of fact is highly likely to conclude that you ordered a hamburger without a roach.  Because Sonic delivered a non-conforming hamburger with a roach, you are entitled to receive a refund of the price you paid for the hamburger.  If the presence of the roach caused you to sustain other compensible damages--for example medical expenses, lost wages from your job, etc.--you likely can recover those damages as well.It is highly unlikely any reasonable experienced attorney would accept such a claim on a contingency fee.  So, you will likely need to pay the attorney an hourly fee for services in your case.  ... Read Answer

A dog owner is strictly liable for injuries that his pet dog inflicts upon you. The procedure is to identify the owner of the dog and then make demand on him to produce his homeowners insurance policy to see if he is covered for this incident, or if he does not own property, then demand to see his renters insurance policy if he rents.    ... Read Answer

Because it appears you were injured while performing job duties, you may have a claim for workers' compensation. Did you report your injuries to your supervisor? When did you discover your injuries? Filing a workers' compensation claim would likely be your best chance at recovering in a lawsuit. You would need to start by filing an 'Employees Claim for Compensation' (DWC Form 041) with the Texas Division of Workers' Compensation.   It is possible you may also have a claim against parents/doctors, depending on the facts of your situation.... Read Answer

More information would be needed to determine whether you have a viable claim against your landlord,  your neighbor, or someone else. Most of the time, for you to have a valid claim against someone, you need to point to something specific that the person did that was wrong or you need to point to an agreement that you had with that person. Neighbor: If, for example, your neighbor fell asleep with a cigarette, you may have a claim. However, if someone broke into the neighbor’s property and set the fire, you may not have a claim against the neighbor. Your landlord: Based on the information you have provided, it's hard to see how your landlord would be at fault, so you are unlikely to have a claim against your landlord unless your landlord was somehow at fault for causing the fire or if your lease says the landlord would be responsible for damage to your property. Your landlord’s insurance would only pay if the landlord is legally at fault. Other people: If the fire was caused by a faulty equipment that your neighbor was using, then you may have a claim against the manufacturer of the equipment. If you had insurance, then you may have a claim against your insurance carrier.   There are many possible ways to approach this situation based on other information.... Read Answer

If the boys parents were negligent in knowing that their son had the propensity to engage in these attacks and they didnt take measures to eliminate or mitigate this danger to others, then they may be civilly liable and their homeonwers insurance policy may provide a source of recovery. ... Read Answer

It sounds like you have a case worth, at least, a consultation with an attorney.   My consultations are absolutely free.  My first question would be whether UPS is a workers compensation "subscriber" or are they a "non-subscriber."  (Something tells me that they are a non-subscriber).... Read Answer

I have to give you an "A" for creativity.  It is my understanding that Urinary Tract Infections are the second most common type of infection.  Respiratory is number one.  UTI's are self-limiting, in other words, they last a short period of time.  And, although there are antibiotics and antibacterials to help clear-up a UTI, sometimes, drinking a lot of water will help flush out the UTI. This being said, it is my opinion you don't have enough damages to justify a lawsuit.  It will cost more for the lawsuit than you can win. As a suggestion, let me suggest, you set-up a meeting with principal or assistance principal, your parents or guardian to see if you can change the school policy, where you are allowed to use the bathroom.  It would seem to me, that your teacher would be very uncomfortable to attend such a joint meeting. ... Read Answer

While there may be negligence on the part of the Walmart employee, the issue is one of the damages you suffered.  I would encourage you to gather your medical bills together and if you missed work, then you would also have lost wages.  If you have long term brain injury that is a whole different issue. ... Read Answer

Sounds like an interesting case.  It might pose some difficulty if the driver actually did steal the vehicle.  I would also be interested to know if you had your own auto policy with uninsured motorist coverage.  At the very least, you need to call and get a free consultation from a Dallas/Fort Worth area personal injury lawyer before you do anything else.... Read Answer

 You do need an attorney. More times than not, people who represent themselves end up doing much more harm than good in their case.  Additionally, there is more involved in your case and than just negotiating a settlement. You also have the added complication of reimbursing the workers compensation plan and knowing your rights in that respect. The role of an attorney is to make sure your claim is giving higher priority than any other Interested party. It never hurts to call and at least get a free consultation. At least you will know your options and can make a decision on how to proceed.... Read Answer