Skip to main content
Anthony Malley III

Anthony Malley’s Answers

7 total

  • Is a waiver signed by a minor (age 16) enforceable in Texas?

    A 16 year old went to Jumping World in Beaumont, signed a waiver of his rights, and then broke his foot while jumping on the trampoline. Jumping World requires a person signing a waiver to be at least 18 or have their parent/guardian sign the wai...

    Anthony’s Answer

    I know the Jumping World establishment. I am in Beaumont and have children who have been there. If you are the parent/guardian of the injured, you need an attorney to help you navigate this situation. If you are Jumping World, you are going to need an attorney. I say that because this question looks as though it could have been posed by someone close to Jumping World or the 16 year old .

    See question 
  • Statutes of Limitations for Architectural / Engineering Design Defects and Professional Liability

    I am an engineer perform design service. I heard Statutes of Limitations for Architectural / Engineering Design Defects is 3 years. Is this typically 3 years after design contract date or 3 year after project signed off or 3 year after design draw...

    Anthony’s Answer

    I handle claims against engineers and architects and also represent engineers in matters in Texas. Are you asking about Texas laws? I see you are in New York. You have different statutes of limitations depending on who is making claims. For example, in Texas there is 4 years for breach of contract, 2 years for negligence-unless your errors were hidden in which case the statute would be tolled, etc. There is also a statute of repose. Whether you can be in a lawsuit and the effect of an LLC are much longer responses with much more information needed. There are hurtles and requisites to filing a claim against an engineer in Texas. I do not practice in New York and am only licensed and can speak on Texas laws.

    See question 
  • I was hit by a 17 wheeler , MRI showed three disk were reputioned, menocous ligament was toren in half I've taken steroids shots

    I've taken steroids shots in my back, and had knee surgeries , now taking chicken shots in my knee , now need full knee replacement , can any lawyer give me an estimate on how much money I can receive?

    Anthony’s Answer

    A lawyer should not make promises or guarantees about how much money you can receive. No matter what the early valuation is, the lawyer cannot control the judge, jury, defense attorney, adjuster, or the facts he has been dealt. A good attorney with the appropriate trial experience should be able to evaluate the circumstances of your case, i.e. medical records, medical billing, your past health issues, if any, the demographics of the location where suit is to be filed, the potential judge presiding, the liability facts, and more. With the lawyer's investigation and hopefully strong trial background and experience in personal injury and commercial vehicle accidents, he or she should be able to evaluate the potential "ball park"settlement value of your case. Granted the valuation can change as time goes on. This is what attorneys do to decide whether or not they will take a client on a contingent fee basis.

    See question 
  • A girl pulled out in front of me. She hit my right rear. I rolled over 2 times. She Got 2 tickets. How much should I ask for.

    A girl pulled out in front of me, I swerved to the left trying to miss her. She hit my right rear and I rolled my vehicle 2 times. The responders had to get me out the front windshield. She received 2 tickets. I hurt my left side, left side of ...

    Anthony’s Answer

    Too soon to tell. Do not resolve or settle your claim until you know the full extent of your injuries. You have two years in Texas to file a claim. You should not wait that long but you should be sure you are done treating for all your injuries. Your medical records and bills will bear on your settlement demand. After you know the bills, what the records say, you can better evaluate the demand based on pain and suffering, the potential trial outcome, and other factors. Remember also that medical care providers may be entitled to reimbursement out of your settlement proceeds. Do not make the mistake of taking money from the other driver's insurance and thinking you can put all in your pocket without paying certain medical providers with liens and subrogation rights. You should discuss with an attorney.

    See question 
  • Hunting Accident , but shooter quickly left the scene before authorities could arrive- provided no assistance or identity info.

    Victim was hospitalized (received numerus bird-shot-pellets in back & bleeding), but will recover. Occured at approx 50yrds distance, and victims vehicle was also struck/damaged. There were numerous witnesses, and shooter can eventually be ide...

    Anthony’s Answer

    I am an avid hunter. I do understand how these things could happen but fleeing the scene is a whole other problem. Whether criminal statutes apply are decisions by law enforcement and county district attorney's office. Civil laws will apply for negligence, I.e. careless shooting. Email me and I am happy to explain more if you want to know more detail.

    See question 
  • Recently I was injured at my current employer, Walker Construction, by the owner of the company. How do I receive Workers Comp?

    My supervisor/owner of the company that I am employed with dropped a 30'x1'x1' extremely heavy, steal "I" beam after he attempted to balance it on a caliche pad because he wanted to chain it up to a man lift in a very dangerous; careless, and unp...

    Anthony’s Answer

    I realize this question was four days ago, nevertheless ask your employer if you need to fill out a worker's compensation form. If no response, ask for your comp claim number and the company handling the claim. If there is worker's compensation, there will be an insurance company and likely a third party administrator that the insurance company contracts with to handle your comp claim. You can also go to https://txcomp.tdi.state.tx.us/TXCOMPWeb/coverage/Coverage.do?leftNav=true&destination=SearchForCoveredEmployersPublic&clearBackCache=Yhtml and this website will let you look up your employer to find out if it has comp and who the insurance company is. This should be a good start. If there is no comp, your employer can be held accountable as what is called a non-subscriber in Texas. If you are getting benefits, you may have something a bit different called an occupational injury plan. If you have more questions feel free to contact me.

    See question 
  • I was robbed and beaten in the head with a gun at my apartment complex.

    I was robbed and beaten in the head with a gun at my apartment complex. resulting in $5,500 worth of medical bill. The insurance company for the complex is now avoiding calls and emails. the gate had been broken for weeks and cameras are not funct...

    Anthony’s Answer

    You may have a claim for premise liability if the landlord/property management company knew or should have known of the unreasonably dangerous condition of the property. It sounds as though you can show the knowledge component. You have medical damages and under Texas law you are entitled to seek additional damages for pain and suffering. You will need to make proper demand on the appropriate company names which are the insureds of the insurance company. If you are still ignored, you will need to file suit. You need to plead the lawsuit to make sure the coverage for the complex is engaged considering your circumstances.

    See question