Roma, TX Personal Injury Law Firms & Lawyers

Anyone can be sued for anything, that is the short answer. The real questions is: Do you have a case worth pursuing against this chiropractor. The answer is: That depends. You have a right not to be harassed or touched inappropriately by the chiropractor. I don't know what kind of touching this chiro did or what affect it has had on you and those two variables are very important in a sexual assault / battery case. A case where a chiropractor brushed against a woman's breast more than once is a difficult case in which to prove that he did so on purpose (if he denied it) and would likely result in minimal damages (would it require counseling? How much? It depends on the individual and her circumstances). A case where the chiropractor forcibly sexually assaulted a female patient resulting in injury is easier to prove and worth more money because it could lead to more significant trauma. An attorney evaluating your case will want to hear all of the facts to try and determine if it is provable and whether it is a case worth pursuing. Civil lawsuits are about compensating the plaintiff for their damages. If there are no damages or minimal damages there is no reason to incur the cost of litigation. If there are significant damages, but the defendant has no money to pay and no insurance that will pay, there is no reason to incur the cost of litigation. Civil litigation is also a long and sometimes painful process. Cases can take years to resolve and can re-open wounds repeatedly. It takes a plaintiff with a significant amount of dedication to her cause to pursue a case and see it through to the finish. Only when all of these stars align is it worth your time to pursue a civil lawsuit against a potential defendant.

You may have a suit. It depends on whether the surgeon's performance was negligent, and whether you have suffered significant damages as a result. To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case. You will need a medical opinion as to whether the doctor was negligent, and as to whether the negligence caused the problems you have had since the original surgery. Furthermore, if the problems can be fixed, then your damages may not be significant enough to justify a suit.

If the driver had no insurance, and the owner likewise had no insurance, and if your PIP will cover $10,000 and your UIM will cover $100,000, then as concerns the parties involved in the accident, if your insurance covers $110,000, then the only way that you can expect to recover over and above your own insurance is to file suit against the other parties and hope that they are not candidates for bankruptcy. If the driver was not drunk, and/or under the influence of drugs, and did not deliberately cause the accident, any recovery you might get from her could be discharged in bankruptcy.