Legal Question in Personal Injury in Texas

This past May, my wife was shot while driving past a crime scene. She was at an intersection where a cop was directing traffic, the cop waved her through, where was passing a shootout between cops and bank robbers; she was hit from a stray bullet from one of the gunmen. She has been through surgery and now has permanent nerve damage and a long scar on her abdomen. Do we have any legal recourse for what happened? Is there any negligence on the police officers for letting her into the area as well as persuing and engaging armed robbers in a residential area?


Asked on 9/21/10, 1:54 am

2 Answers from Attorneys
Jason Kipness Kipness Law Firm

Call the Texas Attorney General and find out if your wife can get compensation from the crime vicitims fund. 800-983-9933.

For free information on Texas personal injury issues, visit www.kiplawfirm.com

Read more
Answered on 9/26/10, 8:29 am
Robert Stephens Stephens & Stephens

The Crime Victims act may pay for the medical and for wages. Getting documentation together and presenting that claim is only one avenue.The TCVA will have a lien and get first money if they pay and they are limited to $50,000. Information about the criminal act, the perpetrator, the property owner from where the shots were fired and, of course a Tort Claims act case against the City.

The tort claims act is difficult and limited to $250K. Police generally have immunity from suit because the TTCA does not waive immunity for the method or manner of providing law enforcement protection. Notice of claim must be given to the City of Houston within 90 days of injury and 6 months under the TTCA for claims against police other than Houston,

Let me know if I can help. R. Gary Stephens (713) 629-1111

Read more
Answered on 10/06/10, 9:23 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Texas