Texas Personal Injury Legal Questions

Yes, if the cause of the fall was due in whole or in part to the negligence of the property owner or manager, then you would need a lawyer, if you chose to pursue a case. The reason your medical ins. co. is asking if you have a lawyer is because they may have a right of subrogation against the party who caused your fall, entitling them to a medical lien on the settlement recovery,  if any. The best bet would be to seek out the qualified opinion of a personal injury lawyer in Texas..good luck and heal fast. ... Read More

You hopefully have the actual screw that you bit in to. Or, took a photograph of the screw.  And, if you were other people that were witnesses to corroborate your event.  The value of your claim depends on many factors.  You will need to keep the dental bills and any photographic evidence from your injury.  You also need to make sure you know the exact date that this occurred.  The value of your claim could be worth more than just the cost of the crown.   Any type of documentation you have would be helpful for an attorney to advise you on.  They will need to know the exact location and the county in Texas that you were injured.  If you have the names of the manager and/or other personnel from the store, that would be of help too when you discuss the claim with an attorney.   I would encourage you to call an attorney and talk directly with someone who does this type of legal work. Most of us charge nothing to talk to prospective clients in this area of legal work.... Read More

Possibly.  It certainly asounds like you have a case worth discussing. Premises liability case are very difficult to win in Texas.  That's becuase Texas law requires that the Plaintiff meet a high burden of proving that the landlord knew or should have known of an unreasonably dangerous condiiton on their property. But, based on the severity of your injury, your case warrant an in-depth consultation with an experienced personal injury attorney.... Read More

You do not have to be present in Texas to file a lawsuit. Contact a local personal injury lawyer to investigate a case. So long as the medical records and your injuries are legitimate, it doesn't really matter that they were generated in a foreign country. Ultimately, your lawyer can hire an expert to review those records and examine you and issue an opinion about your injuries.    Click here, for more information about me.   Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read More

Yes you have a case! My experience with closed head injuries is that they can be very serious and need immediate medical attention. Your health is more important than the collection of money at the beginning. The lawyer should put the defendant on notice and get in touch with their insurance carrier immediatly. I see that your contact information will be available when I send this so I will call you. This may be a very serious situation.... Read More

It depends.  If the hospital filed a hospital lien on your case, then your lawyer has to satisfy the hopsital charges out of the settlement proceeds.  Your lawyer also has to pay any doctors or clinics who have a "Letter of Protection" in your case. Usually, your lawyer will try to negotiate these accounts so that you can maximize the net recovery in your pocket.  It is my goal to make sure that the client ends up with a higher dollar figure in their pocket than my fee.  Many times, I even lower my fee to accomplish this.   Here is an example of a typcial settlement disbursement that you can review.... Read More

If the hole was large enough to be considered an "unreasonably dangerous" condition, then Salt Grass may be responsible even though it happened in the parking lot.  I hope you got good pictures of the hole.  If not, you better get some before they fix the hole. If Salt Grass leased the property, you may also be able to go after the property owner or property manager.... Read More

First, be sure to keep that email.  The reason I tell you to keep the email is that it might serve as proof against your employer in case he fires you or retaliates against you for filing a workers compensation claim.  That would be a big "No, No" if he did that. Second, contact an attorney who handles "workers compensation claims."  An attorney will help you get the medical treatment and wage benefits that you may be entitled to receive.... Read More

yes..u may have a case...a business has a legal duty to protect partons from forseeable assualts..if they had notice of past assaults on said property, and failed to protect u in the form of having competent security guards to protect u, they should be liable for ALL your injuries   Stephen Black Central Fl lawyer 407-581-2581... Read More

Sounds like a pretty good premises liability case.  In Texas, a property owner may be liable if he fails to remedy an unreasonably dangerous condition on their property.  You also have a pretty serious injury.  So, it would be in your best interest to get a free consutlation from an experienced personal injury attorney. ... Read More

Your case is one of "defective products liability."  But it still falls under the general practice area of "personal injury law."  What sort of injuries resulted from the glass?  I had a case very similar to this in which a client end up breaking a crown and bridge on glass that was in her food.  She ended up having about $10,000 worth of dental work to correct the issue. One piece of advice:  Keep your receipt and the pieces of glass in a safe place and take as many pictures as you can.  Do not, under any circumstances, give the glass to the burger place in the event you report the incident to them. Then, call a lawyer!... Read More

Dog bite cases are a bit tricky.  The issue is if you are "negligent."  You may be considered negligent if you fail to use the proper degree of care in either supervising or restraining your dog.  Since the child was in your home, the issue may rest upon whether the dog had a history of violence.  If so, you would have been under a duty to keep the dog confined.  Nevertheless, if you get any word that the child's mother is pursuing a claim against you, say nothing and report the matter to your homeowner's insurance.... Read More

If you are injured on the job, there are two types of claims:  A "subscriber" claim and a "nonsubscriber" claim. An employer is a "subscriber" if they participate in the Texas Workers Compensation Act.  That means that they chose to carry worker compensation insurance or otherwise provide benefits in compliance with the Act.  If the employer is a subscriber, then the injured employee is entitled to benefits for injuries received while working in the course of employment.  The employee does not have to prove that the employer was at fault in causing the injury. Then there are employers who are "nonsubscribers."  This means that the employer chooses not to carry worker compensation insurance or otherwise chooses not to provide benefits in compliance with the Act.  Work injuries in these types of cases are handled just like all other personal injury cases.  That is, the injured employee must show, not only that she was injured on the job, but that the employer was negligent or otherwise responsible for causing the injury.  If the employee can prove negligence, then the employee would be entitled to recover any all damages recoverable for a personal injury case.  This would include medical bills, lost wages, pain and suffering, mental anguish, impairment, etc.  Additionally, the employer loses their defense of contributory negligence.  That means that the employer cannot reduce their liability by showing that the employee was partially at-fault in causing the accident.... Read More

Your child may have an actionable case if the property owner/manager was on notice that your child could forseeably be attacked and did not take corrective measures to prevent this attack. I would be happy to discuss your case at no charge and if my office takes it,  you do not pay a dime unless we win. I have offices in Fla and Austin Tx   Steve 407-581-2581... Read More

You raise an interesting question. If the fall was a result of your carelessness and neglect, the answer is no, but if the restaurant, due to its carelessness and neglect, proximately caused you to fall, then the answer is yes. If the accident was caused by you and the owner was on notice after the fall, that you needed medical attention and did not take steps to summon medical attention and this delay caused you injury, then there may be liability on their part. I would be happy to discuss your case with you at no charge. I am licensed and have offices in both Texas and Florida   Stephen Black www.barristerblack.com 407-581-2581... Read More

A property owner has a duty to protect patrons from forseeable harm on their premises. This duty includes having a bouncer orsecurity guard in place to prevent and diffuse a threatening situation. Depending on the facts of your case, the owner may be liable. I would like to talk to you and get more facts. I have offices and am licensed in both texas and florida   Stephen Black www.barristerblack.com... Read More

While it is not a guarantee they will pay your injury claim, it is good news if the insurance company accepts liability for the property damage. It simply means that their investigation reveals that their insured was sufficiently at fault to subject them to a negative finding on liability at trial. A Plaintiff still has the burden to prove that the claimed injury was related to the accident and that the treatment for the injury was reasonable and customary. Nevertheless, it is a good place to start.... Read More

You may if you were injured. Commercial vehicle accidents Almost always covered by commercial insurance policies with higher limits. The carriers and the adjusters are usually more sophisticated because injury potential increases exponentially with 18 wheelers and large commercial trucks.   If you were injured you should, at the minimum, take advantage of a free consultation from a personal injury attorney who regularly handles commercial vehicle accidents.   If you were not injured you may not need the assistance of counsel and if your vehicle can be repaired, it is usually best to take it to the repair shop you prefer and let them deal directly with the insurance carrier for the dump truck.... Read More

Contrary to popular belief, car liability insurance carriers generally do not fund medical expenses prior to the expenses being incurred. And if they do, the personal injury victim wants no part of it.   Before any personal injury victim can consider settlement or what is reasonable for medical expenses they must first identify their medical issue and be certain that the issue has been resolved or the have reached maximum medical improvement. In short, the victim needs to go to a doctor identify the problem and get necessary treatment prior to exploring a settlement with the insurance company.   Many insurance carriers seek to "estimate" the medical expenses which is a very lowball number and asked the victim for a release at the time they advance a small amount for medical expenses. Should the injury proved to be more serious than originally thought, the personal injury victim is one left holding the bag and not the insurance carrier.   Most soft tissue type injuries resolve themselves after periods of time and that time can be shortened with treatment. However, more serious conditions such as a herniated disc -bulging disk can require much more extensive treatment and even potentially surgery.   Insurance carriers also look for any reason to fault your treatment and one of their major areas of dispute is waiting too long to see a doctor. Basically the argument is "if it's so bad why did you wait so long to go to a doctor".   Do not delay but seek treatment and identify your specific medical problem as soon as possible as the most important factor here is your personal health and not necessarily a settlement or lawsuit.... Read More