Texas Personal Injury Legal Questions

If it's a true personal injury case, you would likely be able to find an attorney who would handle the case on a contingency basis. Basically, that means if there is a monetary award, the attorney takes the agreed-upon fee out of the award, and then the remainder is used to pay medical bills (and other necessary expenses) and the balance would go to you.... Read More

It depends on what happened and why it happened that way.  You didn't provide enough details to give you a proper answer.  In most instances, the injury would have had to result from negligence of some kind, or be somebody else's fault.  If you want to provide additional information then maybe I could give you a better answer.... Read More

The key to winning a case where water is on the floor is to be able to show that Walmart employees know that the dangerous condition was present or that the store caused the dangerous condition. Often it is not known where the water came from, especially if it is in the produce area where customers often spill water. If there was defective equipment there may also be a case. We have had success with Walmart when the above can be shown. Call if you think the store is responslble and we can evaluate the case.... Read More

If the spill really happened inside of a minute before the fall, they're probably right, and you won't be able to collect on any kind of claim. But, contact a Personal Injury firm, and discuss it with an attorney there. Wal-Mart may have video of the incident that contradicts what's in the Manager's report. By the same token, the video may support what they're saying. But, with her injuries, there may be some PI lawyers who may take a flyer on her case.... Read More

If the settlement form is in the proper form then it will be extremely difficult to back out of the settlement. The other side will file a Motion to Enter Judgment based on the settlement agreement. Unless you have a statutory defense to the settlement agreement, then there is nothing you can do. Most mediated settlement forms contain the required language.... Read More

Yes a Texas licensed attorney would need to be hired for this case. It is not an easy case, however, as the jury will be told to apportion fault on you, and you will likely need an expert to testify as to the unsafe design of the bathroom. Act swiftly, before they change the room and destroy your evidence.... Read More

You need to follow the rules with respect to tenants rights. Check out this web site: http://texastenant.org/ There are others like it. You can Google "Texas Renters Rights," and other similar search terms. But, basically, what you need to do is to give your landlord notice. That means you need to write a letter, and send it to your landlord via certified mail return receipt requested. The landlord will then have a specified number of days to fix the problem. If they don't, the Texas Property Code allows you to take certain steps. I'm not a property law attorney. I only know this because I had to do this for one of my brothers, to get him out of a similar situation. But, I do know you need to follow those steps.  You can't live under those conditions; neither can your children.... Read More

If the company has real workers' compensation insurance, it will be protected from lawsuit in most instances but you will be able to get workers' comp benefits along the way.  If you are not getting benefits yet, then we need to figure out why and pursue what you are owed. If the company does not have workers' compensation insurance, then you can actually sue your company for its negligence in the cause of your injuries.  The difference is that in this type of case you don't get any monetary benefit until after the case settles or goes to trial. ... Read More

You are going to need to get your case to a benefit review conference because of the insurance company doctor saying you have no restrictions.  Your treating doctor should be able to address your work status, and can also refer you out for a second opinion if that is what you want.  If they have cut off your benefits, you need to discuss the situation with a workers' comp attorney immediately.... Read More

Yes. It is very common for one spouse to beat up the other but the injured spouse then does not want to press charges. The DA can still prosecute, but the problem then becomes one of whether there is enough evidence of your having been beaten up by your husband, unless you testify against him.... Read More