Legal Question in Personal Injury in Texas
personal injury
In January of 2008 I was attempting to shut and lock a bedroom door to get away from my now ex-husband when he rammed it with his shoulder propelling me backward. I landed flat on my back hurting my back. I called the police and they came. He told them he was a fireman and I was crazy, lying on drugs etc. The cop told me, ''You don't have any witnesses. You fell.'' I went to my primary care doctor the same day. She told me she didn't think it was serious and to take some ibuprophen. We divorced, I lost health insurance for a while until I found a job and went through a waiting period for the new insurance to take effect. I was still having back problems in the same area so I went to an orthopedic surgeon who ordered an MRI. After the MRI my doctor told me that it showed a bulging thoracic disc with multiple levels of degeneration. My feeling is that the incident in January contributed to my current condition. Every day that I am in pain I think about how this guy is walking around free with no consequences for what he did to me. Do I have any legal recourse against him? Even if it didn't involve money I would get some satisfaction in knowing he at least had an assault conviction or something on his record to warn other women.
3 Answers from Attorneys
Re: personal injury
Based on what you have written, it appears that your case might be difficult to prove without any police reports. It appears that your case would be your word against your ex-husbands. Generally, the DA wants hard provable facts, but they might take up your case. You might want to consider contacting the DA for any potential criminal charges. As for a personal injury civil claim, you might to contact a local personal injury law firm to review your case. If my local personal injury law firm can assist you with this legal issue or any other legal matter, please contact my paralegal Tina ([email protected]) to arrange for an initial consultation.
Re: personal injury
Unfortunately the police misspoke..and in most cases would have at least given husband a citation(ticket), it may cost husb his job..but bullies will not be stopped unless you do it..so go to the district attorney. Civli lawsuit may apply..did you all have homeowner's insurance?..how will he pay?...do you have witnesses to other incidents??Call us and we will send you a questionairre to deterrmine if you would probably win...and we may take the case
Re: personal injury
It seems it's been 10 months since this incident & apparently no police report has been filed. That would be the place to start. While I believe your story, it will be your word against his with no winesses or evidence on your behalf - an uphill battle all the way. I would be surprised if any DA would prosecute this case. I'm sorry for your condition.
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