Legal Question in Personal Injury in Texas

I live in Texas and my husband has an almost 4 year old son. The child's mother has repeatedly accused me of child abuse. We have had 3 Child Protective Service investigations. The most recent allegation came with a police investigation. After learning that her claim that 'I burned him with a skillet' was unsupported by the emergency medical doctor that she took him to, she filed a legal affidavit with the district court claiming not only that I burned him, but also that I also sexually abused the child. On these grounds, she received a protective order against us and my husband did not see his son for 3 months. When we went to court, the visits were immediately reinstated - with the help of the therapist that the child's mother hired. Since her allegations are now a matter of public record, I consider this slanderous. Does this give me grounds to sue her for libel or slander? Will her parent's (whom she lives with) homeowner's policy cover damages of this type?


Asked on 11/11/09, 4:05 pm

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

PROBABLY...CONTACT A personal injury lawyer in your area, and be prepared to pay for the lawsuit. We would not take such a case on strict contingency, but would with these facts as we expect to win and obtain compensation from those who committed slander/lbel...but honestly we would need to research the matter fully..have all documents..and our cost would be a minimum of $3000...not an easy case but is a decent case for you..Further, you may seek injunction to avoid future acts..but a local lawyer is your best help

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Answered on 11/16/09, 4:16 pm


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