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Questions Answered by Tim Akpinar
1 Answer | Asked in Civil Litigation, Civil Rights and Environmental for North Carolina on
Q: In what way are the powers of the STATES limited?

State constitutions, Executive Orders, ect.

Tim Akpinar
Tim Akpinar answered on May 9, 2021

A fundamental way is through the Constitution's Supremacy Clause, which essentially states that the Constitution, federal laws, and treaties are the "Supreme Law of the Land" and take priority over conflicting state laws.

Here's the actual text (Article VI) "This...
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1 Answer | Asked in Banking, Insurance Bad Faith and Insurance Defense for New York on
Q: what to do if my bank refuses my father's life insurance claim?

My father's bank refuses to pay me by telling me that my father did not contributed the last months before his death without giving me any official paper or proof. My father contributed to this insurance for more than 30 years and it's a shame not to get any penny..

Tim Akpinar
Tim Akpinar answered on May 9, 2021

I'm sorry for your ordeal that makes a difficult situation even more painful. It appears you've already requested records. It's difficult to offer step-by-step instructions here, as the next step could possibly require litigating the claim, depending on the situation. Reach out to... Read more »

2 Answers | Asked in Car Accidents for New York on
Q: I'm New York state, what happens if someone pulls up to close too me when I'm at a red light, and I roll back into them?

I'm New York state and this is just a hypothetical: what happens if someone pulls up too close to me when I'm at a red light, and I roll back into them (I'm driving a manual car.)

Currently I have STUDENT DRIVER and ROLLBACK WARNING, STAY BACK stickers on the vehicle.

Tim Akpinar
Tim Akpinar answered on May 9, 2021

New York is a comparative negligence jurisdiction, meaning that fault can be apportioned between the parties according their respective share. Since this is a hypothetical, it could be argued that the driver of the manual transmission car could need additional time behind the wheel to deal with... Read more »

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1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: During labor they put too much epidural and it went to my brain and started shutting down my organs. Is this a lawsuit?

I was rushed under anesthesia as they worked on me. I received the paperwork on this incident. Is this considered malpractice?

Tim Akpinar
Tim Akpinar answered on May 8, 2021

I'm sorry for your ordeal. A Massachusetts attorney could advise best, but your question remains open for two weeks. But an attorney in ANY state could not really give you a meaningful answer based on these brief facts - the situation you describe calls for a medical opinion as to the standard... Read more »

1 Answer | Asked in Insurance Bad Faith for Arizona on
Q: If ins. co. provides trans. to and from Dr. appts but they are a no show or are to late which require a rescheduling

sometimes the same day and still a no show. Then when they do provide trip to appt. they are 2hrs late on return pickup. Is this consider Insurance Bad Faith? Especially since my son has high function Asperger's but was unable to do these appt. alone because transportation was completely... Read more »

Tim Akpinar
Tim Akpinar answered on May 7, 2021

An Arizona attorney could advise best, but your post remains open for four weeks. No, as a general matter, something like that is not generally considered bad faith, unless it was done with some kind of deliberate harmful motive. It could simply be difficult transportation arrangements. Bad faith... Read more »

1 Answer | Asked in Land Use & Zoning, Agricultural Law, Environmental and Health Care Law on
Q: Can we install seasonal threshing machine in residential area even any people house the distant around 10 meter in H.P

Actually my naver installed seasonal threshing machine in from of my house around distant of 10 meter and it causing sound and air pollution . Any rules or law so they can remove it from this place ? its there personal land.

Tim Akpinar
Tim Akpinar answered on May 7, 2021

Noise violations are generally governed by local laws. If there are such ordinances in your area, they would probably appear in village or city codes. In terms of air pollution, that could fall under the legal theory of nuisance, which is a tort that involves interference with the use and enjoyment... Read more »

1 Answer | Asked in Products Liability and Real Estate Law on
Q: Can a person after selling his property, appeal in collector court that he's been threatened to do so?
Tim Akpinar
Tim Akpinar answered on May 7, 2021

There's a section here on Collections. Your post remains open for two days. You could try reposting and adding that as a category. There's no guarantee all posts are picked up, but you could have better chances of a response with adding that as a category. Also include a state, since your... Read more »

1 Answer | Asked in Car Accidents, Construction Law and Gov & Administrative Law for Georgia on
Q: If a construction company had a bucket above barrels in my lane an the bucket hit my mirror who's at fault

The officer's report said I misjudged distance but a vehicle was next to me an was as close over as I could get I never hit the barrel's so what's to misjudge the lane should have been closed if to narrow to pass

Tim Akpinar
Tim Akpinar answered on May 6, 2021

A Georgia attorney could advise best, but your post remains open for four weeks. It could be a situation where fault is seen by a court on both sides. A Georgia attorney might be able to offer deeper insight in terms of the construction site and its practices in stacking barrels and buckets in that... Read more »

2 Answers | Asked in Personal Injury for New York on
Q: Hello my fiancé working on a furniture store slipped off the platform where the furniture is on display

She fractured her ankle! Workers comp settled with her ! Her Attourney is now suing the owner of the building there was defected floor on the store that caused this fracture! It’s been since 2017 he doesn’t call you have to call him ! We reached him and he said there was an offer that was so... Read more »

Tim Akpinar
Tim Akpinar answered on May 6, 2021

I agree with Mr. Green; it is not unusual for a law firm to carry cases that date back to 2017. But it's worth keeping in mind that these types of cases can sometimes be contentious. The burden is upon you to demonstrate negligence, an engineering defect, or other factor that should place... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for New York on
Q: I am looking for an attorney that can help me fight for my mothers rights.
Tim Akpinar
Tim Akpinar answered on May 5, 2021

Your question remains open for a week and it covers a number of categories. There's no guarantee that all questions are answered here, but if you wanted to narrow your question down a little bit, where you asked a specific legal question about given situation, you might have better chances of... Read more »

2 Answers | Asked in Arbitration / Mediation Law for New York on
Q: I am going to arbitration and some legal advise.
Tim Akpinar
Tim Akpinar answered on May 5, 2021

If you're seeking guidance from an arbitration attorney, you could make the consult more meaningful by narrowing down the practice area. Arbitration has certain universal qualities that apply across the board, regardless of the type of case. So in general, the arbitration process can sometimes... Read more »

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3 Answers | Asked in Admiralty / Maritime for Florida on
Q: Federal case regarding Jones Act

This is for a federal Jones Act case. The plaintiff ....

THe dismissal was 'dismissed without prejudice for lack of prosecution'. It didn't show up in the details

Editing this for more details... of course yes she has tried reaching out to other counsel but running... Read more »

Tim Akpinar
Tim Akpinar answered on May 5, 2021

I'm sorry for your friend's difficult predicament. There are many things to sort out here, and expenses for the process server are the least important among them. There are far more compelling issues. If she were to consult with an experienced maritime attorney (most of whom would... Read more »

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1 Answer | Asked in Car Accidents for Arkansas on
Q: Hi can my gf sit in my lap and drive at the same time if we don't do anything?
Tim Akpinar
Tim Akpinar answered on May 4, 2021

Don't do it; it's a very bad idea on many levels. An Arkansas attorney could tell you about the vehicle and traffic law(s) you'd violate, but your question remains open for two weeks. It sounds like you're a young driver, but you'd subject yourselves and others to danger,... Read more »

2 Answers | Asked in Personal Injury for New York on
Q: Can a witness be unavailable if htey go on vacation

Dana is a plaintiff in a personal injury case. Jeff is Dana's close friend. He was with her when she was injured by an allegedly defective hedge cutter and can provide evidence that supports Dana's claims. Jeff orally assures Dana on many occasions that he will testify on her behalf.... Read more »

Tim Akpinar
Tim Akpinar answered on May 4, 2021

Yes, a witness can be unavailable if they are on vacation. If you go to the Federal Rules of Evidence, Rule 804, that should get you pointed in the right direction. Good luck

Tim Akpinar

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2 Answers | Asked in Personal Injury for Arkansas on
Q: I have a back injury nerve damage and it’s been 2years can sue work mans comp

I got off tractor and thru a gate at the arena where i worked 13 years i had a spinal fusion in Arlington

Tim Akpinar
Tim Akpinar answered on May 3, 2021

This is something that an Arkansas attorney should advise you on, but your post remains open for a week. I'm sorry for your injury. If you had a spinal fusion surgery, that's a big ticket item, suggesting that there might have been a WC claim open at one time. A private insurer is not... Read more »

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1 Answer | Asked in Admiralty / Maritime, Business Law, Civil Rights and Collections for Florida on
Q: Can I chain a customers boat to the dock for non payment?

I own a commercial diving business that does underwater hull cleaning and yacht maintenance. I had a customer bring his boat to the marina where I am currently staying on my own boat. After I took care of his boat he didn't show up to pay me or get his boat at the time we agreed. Rather than... Read more »

Tim Akpinar
Tim Akpinar answered on May 3, 2021

Only a Florida attorney could advise you on your specific question. But you posted under Admiralty/Maritime Law, and under U.S. maritime law, a remedy that is sometimes applied in settings where vessel interests owe money is a maritime lien. This comes up in ship mortgages, vessel collisions, crew... Read more »

1 Answer | Asked in Car Accidents and Construction Law for Ohio on
Q: Who is at fault for ice buildup due to clogged downspout that subsequently fell 30 feet onto a car?

Car owner parked in a parking lot next to a building. The 30 foot tall downspout had ice accumulation due to the fact it was clogged and did not allow proper water drainage. While away, a large section of ice sheared away from the downspout hitting the car and causing major damage. Ice was large... Read more »

Tim Akpinar
Tim Akpinar answered on May 2, 2021

An Ohio attorney could advise best, but your post remains open for three weeks. It could depend on a number of factors, including condition/maintenance of the waterspout, conditions for use of the lot, warning signs or disclaimers, and other possible factors. An Ohio attorney could offer better... Read more »

Q: My grandpa died and almost a year later his will was changed.

The will stated that if my dad dies everything goes to my step mom but my dad died before my grandpa so that doesnt make any sense and I was told by granpda when he passed the house was to be sold and split between grandkids but we are not mentioned at all in this will

Tim Akpinar
Tim Akpinar answered on May 2, 2021

A West Virginia attorney could advise best here, but your post remains open for two weeks. I'm sorry for the loss of your grandfather. You could repost your question and add Probate and Estate Planning as categories, as you mention a will. There's no guarantee all posts are picked up, but... Read more »

1 Answer | Asked in Education Law and Small Claims for Virginia on
Q: Can I take legal action against my school?

My college sent me an email with a balance back in December 2020. I have emailed them and never received a response even when I tried to make a payment. I was sent to collections and started receiving phone calls this month constantly. I have emailed my college and they claim to have never received... Read more »

Tim Akpinar
Tim Akpinar answered on May 1, 2021

A Virginia attorney could advise best, but your post remains open for a month. One could only speculate as to why the university is not responding to you. One reason could be (and this is only a guess) that once they send a matter to collection, they will stay clear - where the only line of... Read more »

1 Answer | Asked in Uncategorized for Oregon on
Q: what kind of lawyer do i need to take care of my will? i have no family. i need someone to pay my final bills
Tim Akpinar
Tim Akpinar answered on May 1, 2021

An Oregon lawyer could advise best, but your post remains open for two weeks. You would need a lawyer who handles wills, trusts, and estates. There are sections here on this site for that - one is Probate and the other is Estate Planning. If you had specific questions, you could repost them, adding... Read more »

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