Personal Injury Law

Personal Injury Law Question? Ask Personal Injury Lawyers.

Ask a Lawyer,
Get an Answer ASAP!

Personal Injury Law

If my wife's wrongful death suit was dismissed by every

Customer Question
lawyer I have spoken to...
If my wife's wrongful death suit was dismissed by every lawyer I have spoken to because of Texas Tort reform, is it possible to file a civil suit against doctors and hospitals?
Submitted: 1 year ago.Category: Personal Injury Law
Show More
Show Less
Ask Your Own Personal Injury Law Question
Answered in 4 minutes by:
6/22/2016
Personal Injury Lawyer: RobertJDFL, Attorney replied 1 year ago
RobertJDFL
RobertJDFL, Attorney
Category: Personal Injury Law
Satisfied Customers: 14,208
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to assisting you.

Just so I'm understanding correctly, when you say tort reform, are you talking about the reduced monetary awards that are being received by plaintiffs? And your question is whether you can file on your own?

Ask Your Own Personal Injury Law Question
Customer reply replied 1 year ago
The tort reform protects doctors and hospitals so well that lawyers can't get malpractice cases into court. Doctors are literally getting away with everything even if their negligence causes the death of your loved one
Customer reply replied 1 year ago
Rather than going that way is filing a civil suit an option?
Customer reply replied 1 year ago
I don't see much of an answer
Personal Injury Lawyer: RobertJDFL, Attorney replied 1 year ago

My apologies, I had to unexpectedly step away for a bit.

There is no requirement that you have a lawyer represent you. As such, yes, you may file on your own. That said, however, the same rules of court would apply to you as they do to lawyers, and the same reforms that have impacted the amounts of awards would be in place. One of the key things to know about wrongful death/malpractice suits is that they are very expensive to bring to trial, because you almost always need expert witnesses to prove your case. As such, it is not unusual for cases to cost thousands of dollars in litigation fees. Assuming you know that going in, by all means if you feel that you can do this on your own, absolutely you may do so.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars, as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you.

Ask Your Own Personal Injury Law Question
Customer reply replied 1 year ago
you are saying that All is hopeless and I have to accept what they did to my wife? Once again they win and the little guy loses
Personal Injury Lawyer: RobertJDFL, Attorney replied 1 year ago

Not at all. I'm saying that the rules of court and procedure are no different for a person representing themselves versus those represented by counsel, and that the costs of litigation are unfortunately very, very expensive when it comes to these types of cases.

Ask Your Own Personal Injury Law Question
Personal Injury Lawyer: RobertJDFL, Attorney replied 1 year ago

I don't make the laws of course --I can only tell you what they are.

Ask Your Own Personal Injury Law Question
Customer reply replied 1 year ago
Is it impossible to get a lawyer to file a civil suit for me?
Personal Injury Lawyer: RobertJDFL, Attorney replied 1 year ago

I wouldn't say it's impossible -- there are many lawyers who handle wrongful death/malpractice suits. Every attorney is going to have their own opinion as to the merits of a case. But I think you have to look at what these lawyers are saying -if they are are saying that the case wouldn't make a lot of money, or would be difficult to prove---I think you have to consider that maybe there is something to what they are saying --that maybe if you even could prove the case, you'd make little to nothing on it.

Ask Your Own Personal Injury Law Question
Personal Injury Lawyer: RobertJDFL, Attorney replied 1 year ago

Did you have any follow-up questions for me regarding this matter? I understand you not being happy with the answer, but please understand I can only tell you the law. I cannot control the laws as written. It would be unfair to you if you didn't know that bringing a case yourself required that you follow the same rules of court and procedure, that you must prove the same elements of the case (through the use of expert witnesses, typically) and that the same tort reforms affect you as a plaintiff.

I am still happy to assist you with this matter as I can. Otherwise, please remember to leave a positive rating for me by clicking on the stars, as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you.

Ask Your Own Personal Injury Law Question
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Attorney
Category: Personal Injury Law
Satisfied Customers: 14,208
14,208 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,148 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

719 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney

485 satisfied customers

I have 30 years of legal and litigation experience.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

449 satisfied customers

I provide basic personal injury advice to my clients in my own practice.

Tina

Tina

Attorney

390 satisfied customers

Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement

Brandon, Esq.

Brandon, Esq.

Attorney

367 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

P. Simmons

P. Simmons

Attorney

265 satisfied customers

16 yrs. of legal experience.

< Previous | Next >

Related Personal Injury Law Questions
On 5 /20/16 i received a botched dysport and restayane
on 5 /20/16 i received a botched dysport and restayane filler injection from an eye surgeon, fantastic reputation, highly recommended. she put too much in and paralyazed my eye shut. i could not open … read more
RobertJDFL
RobertJDFL
Attorney
14,208 satisfied customers
My Calif. medical malpractice negligence complaint requires
My Calif. medical malpractice negligence complaint requires which parts? What is repeated if any, and what is to be included in the First Amendment? How is a complaint different from an Amendment?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,148 satisfied customers
If we can show an intersection is an unsafe design, perhaps
If we can show an intersection is an unsafe design, perhaps the worst in the entire state, due to having unrelated traffic signals less than 200 feet apart after a long stretch of road without signals… read more
Ely
Ely
Counselor at Law
Juris Doctor
719 satisfied customers
Had surgery 2 years ago to remove gallbladder and mass by
Had surgery 2 years ago to remove gallbladder and mass by stomach. Had the same symptoms after surgery. Went to different doctor and had same tests run. He said it looked like a gastric bypass. He did… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What is my legal rights when a juvenile has punched me and
What is my legal rights when a juvenile has punched me and cause TBI medical problems. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I need a Medical Malpractice/Negligence Lawyer. I need
I need a Medical Malpractice/Negligence Lawyer. I need his/her advise to file a case against a long term Nursing home at Mesa, AZ. My wife expired due to absence of doctors and I feel administering a … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,714 satisfied customers
In Illinois in order to prevail on a personal injury case
In Illinois in order to prevail on a personal injury case that resulted in death. What has to be proven? Nursing home negligence… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
LONG STORY SHORT- SURGEON NEGLIGENT CONDUCT INJURED ME > 1.
LONG STORY SHORT- SURGEON NEGLIGENT CONDUCT INJURED ME > 1. I have sent to the surgeon-Hospital, my 154 page NOI medical malpractice with 321 pages of supporting documents (MR etc) > I understan… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
It is my understanding that the NOI must be sent at least
It is my understanding that the NOI must be sent at least 182 days from the day of the NEGLIGENT ACT before the two year mark to prevent TROLLING > I had an initial Consultation with the surgeon on… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
My right two may be amputated because of my doctors in
My right two may be amputated because of my doctors in Hawaii. I am getting care here in California. I want to sue them because of negligence, because they never checked within the last 6 months if th… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
One summer, Baxter and his wife,, were on their new boat
One summer, David Baxter and his wife, Melissa, were on their new boat with another couple, tubing on the Mississippi river. David and the other couple had been drinking all day, "about seven or eight… read more
JaneLS,Esq.
JaneLS,Esq.
14 satisfied customers
Negligence leading to mental abuse follow by related health
Negligence leading to mental abuse follow by related health issues. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can Gross Negligence overcome charitable immunity for a
Can Gross Negligence overcome charitable immunity for a medical malpractice case? The limit is in NJ is $250,000 and I am wondering if Gross Negligence in a medical malpractice case will allow me to s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Elderly woman asked for coffee. Flight attendant handed her
Elderly woman asked for coffee. Flight attendant handed her a cup of coffee & as she attempted to unlatch the tray there was sudden movement causing the hot coffee to spill on her lap causing severe b… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Which Calif. Laws, defined hospital negligence; which define
Second opinion] Which Calif. Laws, defined hospital negligence; which define hospital substandard care?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,148 satisfied customers
Can I sue a dentist for negligence and malpractice within
Can I sue a dentist for negligence and malpractice within the Veterans Administration? … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,148 satisfied customers
I would like to bring a negligence claim against my son's
I would like to bring a negligence claim against my son's doctors. He suffered a tear to his penile region after the doctor tried to pull his circumcision ring off him and it it had grown into his ski… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,257 satisfied customers
What is the "physical injury" aspect of negligent infliction
What is the "physical injury" aspect of negligent infliction of emotional distress? I've read that it's not simply sleepliness or stress related but what exactly needs to happen in order for the charg… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x