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Richard Kurt Arbuckle
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Richard Arbuckle’s Answers

2,962 total


  • What does the "prayer section" under lawsuit against me mean?

    I just received my papers and I am being sued for a car accident from 2 years back by the other motorist's insurance company. I was uninsured at the time. They filed the day before the statute of limitations ended. 14. Wherefore, premises...

    Richard’s Answer

    It is what the insurance is asking for. They are asking the court to award monetary relief... etc.

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  • I was involed in an auto accident. It was the other drivers fault. I end up going to ER.

    Coming to find out. The other party didn't have an Insurance. Bills coming in and Im injured. What do I do? Can I sue the other party for my bills and Damages? Please help.

    Richard’s Answer

    This is one of the most common questions asked. The answer is that you should have uninsured motorist coverage on your own insurance to protect you from drivers who have no insurance. You should get a lawyer to handle the claim for you as it is just like going after the other driver only your insurance acts like the other driver's insurance.

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  • If given time ( 2wks) to consider signing warranty deed under threat of prosecution, be contested and considered duress,coercion

    No details

    Richard’s Answer

    It might. That depends on many details. It always helps of you have evidence other than your word against theirs. You should get a lawyer to go over the details with you.

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  • Can an insurance adjuster call a hospital to get billing information without a release.

    personal injury.

    Richard’s Answer

    As others have said, it violates HIPAA to give information without a release. However, it may be that you signed a release when you signed the paperwork with the hospital. You may not have know the release was in the paperwork.

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  • Can the Mother of the Respondent to a case serve Subpoenas on witness. Is the rule, any one over 18 years and not a party to th

    Can the Mother of the Respondent to a case serve Subpoenas on witnesses. Is the rule, any one over 18 years and not a party to the case or does the rule require that it must be a disinterested party to the case? Also, the date of services signed...

    Richard’s Answer

    The mother can serve the subpoena, assuming it is properly issued. The date change may or may not make any difference. As long as the date reflects the truth, it is probably OK..

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  • Are there any attorneys on here that can prosecute a malicious prosecution case, that are not lazy ?

    I am seeking an attny to prosecute a malicious prosecution / defamation case as well as a few other things. My case is 100% legit. It's getting close to the statute of limitations running out, and is a very detailed case, but I have spent 100's o...

    Richard’s Answer

    You have said just about every red flag that will cause any good lawyer to decline your case.
    --You talk about lazy lawyers, which means you will blame the lawyer for whatever happens.
    --You are convinced you must win, which is NEVER true.
    --You are close to the statute of limitations, which means the lawyer has no time to do independent due diligence before filing. And I hope you don't think the statute is two year, because in defamation cases it is one year.
    --You think the lawyer will rip you off, which usually translates into you trying to tell the lawyer how to handle the case.
    --You want the lawyer to take it on a contingent fee, which is no risk to you. That is not a red flag except when all the other stuff is added in.

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  • WHAT HAPPENS NOW WHEN THEY DONT HAVE WORKERS COMP

    i work at grocery store for 2 1/2 yrs and now i have carpal tunnel syndrome and have to have surgery sept.4th

    Richard’s Answer

    You can sue them if their negligence caused your injury. Negligence can include not providing safety equipment and not providing a safe work place, but it is very technical after recent Texas court cases. You should talk to a lawyer and go over your options.

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  • Question in re Subpoena Duces Tecum & who can call that witness first at trial.

    Both Plaintiff and Respondent have listed a party in their discovery as a person they intend to call as a witness at final trial. If I issue a Subpoena Duces Tecum for this witness to have the witness appear at trial with certain documents, can ...

    Richard’s Answer

    • Selected as best answer

    The rule is anyone can call any witness they have identified in discovery. A subpoena just requires the person to show up. If the person comes voluntarily a subpoena is not required. So the fact you issued a subpoena is irrelevant to who can call the person to testify. When it is a party's tern to call witnesses, they can call any witness regardless of who subpoenaed them..

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  • Should I contact a company after an injury to discuss the injury?

    After buying an over the counter facial wax product I was left with a bad facial injury resulting in a scar. I read the directions and followed them, but when removing the wax strip skin was torn off. I had to use ointment to heal it and now I'm u...

    Richard’s Answer

    A scar is a significant injury, especially if it is painful. This is not a do-it-yourself situation. They will do everything they can to construe what you say as misuse of the product. You probably should have seen a lawyer before even sending them photos, but it is not too late to get the proper help. What you say on your own can and will be used against you.

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  • How do I sue a Justice of the Peace in Texas?

    I was denied due process, he violated numerous Rules of Civil Procedure. I was never allowed to present my case, or ask any questions. Judge accepted unsigned pleadings from the defendant. He ordered the defendant to produce documents and defe...

    Richard’s Answer

    If the justice court has entered a final order AND you are within the very limited time allowed, you file an appeal to the County Court. If the justice court has not entered a final order yet, then sit down with an attorney to go over the details and get specific guidance. You can search for a lawyer on AVVO. You may just need one visit to know what to do.

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