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Richard Kurt Arbuckle
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Richard Arbuckle’s Answers

3,240 total


  • Do I have a case against a motorist who ran over my son with her car injuring him

    my son was riding his bike to school this morning and when he was in the cross walk, a motorist who saw him there hit him while he was riding his bike through the intersection, he was injured and taken to the hospital via ambulance, police report...

    Richard’s Answer

    As you can see from all the other answers, your son has a case. But your son's conduct will undoubtedly be questioned and the other side will claim it was all or part his fault. You need to get a lawyer who is board certified in personal injury law by the Texas Board of Legal Specialization and it would also be best if the lawyer were also board certified by the National Board of Trial Advocacy. Do not get a lawyer who only intends to settle for whatever they will pay. Get someone who will fight for you.

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  • Can I sue the party at fault for emotional distress that my family went through because of the car accident?

    We got hit from the rear resulting in total loss of the car. When we got hit, I had my 38 week pregnant wife in the front passenger seat and my mother in law in the back seat. We had to rush my wife to the hospital because she could not feel the b...

    Richard’s Answer

    There must be physical injuries in order to sue for mental injuries. If anyone was hurt, then they should get medical attention and talk to a lawyer about helping them with the claim. If no one needs medical attention, then it is basically a property damage claim. You wife going to the er should also be reimbursed, but unless there was some actual injury, the negligent infliction of emotional distress by itself is not recoverable in Texas.

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  • Can I use a recorded open air conversation that occurred at business in small claims court?

    I am representing myself in TEXAS small claims court. I have an iPhone recording between myself, owner and employee having a discussion of my equipment they damaged. Recording is of a face to face conversation at their place of business, not ov...

    Richard’s Answer

    If one party to a conversation (you in this case) consented to the recording, it is legal even if the other people didn't know about it. Have some was to play it back so the judge can hear it. You will need to testify about how it came about and who was there.

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  • Can I sue a plasma center if after donating and leaving, I blacked out and wrecked my car?

    I donated plasma and left and about 15 minutes later I instantly became lighthead and blacked out. Once I came to, I had hit a tree and totalled my car. Not sure it maybe I didn't receive my blood cells all back or if they should've checked my vit...

    Richard’s Answer

    Unless you were severely injured, the short answer is that you would never recover enough to pay the costs of pursuing it. Even if you could get a lawyer to front the costs (which won't happen unless you were severely injured), those would be paid back leaving nothing for you at the end. Plus this will be a healthcare negligence case which has huge road blocks in Texas and a limit on what you can recover.

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  • Can I request the court for Public Defender in a Pre-MTR Hearing ? If so, how can I do that..

    I have an Pre-MTR hearing next Thursday because I was no't able to pay the restitution fee from my regular monthly schedule payment. I've been going trough a lot financial hardship after closing my small business 3 months a go. I have to pay $ 400...

    Richard’s Answer

    This needs to be asked in the criminal defense forum. I have changed the practice area for that.

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  • Can i sue a man for selling a sex tape?

    I knew he was recording but didn't know he would sell it. This was in 2014. Recently he told me he sold it. I have text messages from him as well . what should I do. This happen in Naples Florida where he still live but I moved to Texas.

    Richard’s Answer

    You will need a lawyer in Florida. How the case comes out will depend on Florida law and more details.

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  • Car accident: Insurance denying the claim due to conflicting statements

    Hi, So I was going straight on a intersection and the other party driver coming from the access road hits into us. The other party crossed the lanes and hit us. I was on the main road and had the right of way while he being on the access road ...

    Richard’s Answer

    If it is only property damage, file on your own insurance, it is much less hassle even with a deductible. If you were injured, get medical treatment and talk to a lawyer. Most trial attorneys don't take property damage only cases.

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  • I filed a personal injury suit with an personal injury firm out of Texas about 8 months ago. I am now being held liable .

    I filed a claim with a personal injury firm about 8 months ago. I tried numerous times to contact the firm in regards to the situation and what the status was . No one ever replied to me . They did send me to a chiropractor for damages to my back ...

    Richard’s Answer

    As quickly as you can, sit down with a new lawyer and go over the details. You may have better luck with a new lawyer and assuming you are telling us the whole story, things with the chiro can be worked out.

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  • How can I file petition for nunc pro tunc on a current capias pro fine/warrant?

    I received deferred disposition on a no insurance, provided that I supply the courts with proof of financial responsibility and maintain it for six months. At the same time, I was offered a deferred payment agreement for 2 other pending cases with...

    Richard’s Answer

    You need to get an attorney to help you get this all worked out. Otherwise, you are likely to just end up with more mix ups and problems. Sometimes we all need help from someone more familiar with the system. Find a traffic ticket lawyer on AVVO.

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  • What do I need to do to fire my personal injury attorney as well as let him know I am filing a grievance with the Texas Bar?

    I have proof of mishandling of my case due to incompetence and laziness. I was bullied by an assistant to sign a disbursement form. I have not signed any thing official with the insurance company. I have my file. Their negligence endangered my lif...

    Richard’s Answer

    It is best to talk to a new lawyer before firing the old lawyer. What else needs to be done depends on too many details to go into here. If you fire your attorney without a new attorney, you may be making matters worse.

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