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Questions Answered by Tim Akpinar
1 Answer | Asked in Contracts on
Q: can i sue a writing company that did not produce the work, offer me a refund but i relied on the promise
Tim Akpinar
Tim Akpinar answered on Dec 10, 2019

From the brief description, it sounds like the short answer would likely be yes. But you should look at the contract for terms that address whether arbitration would be mandatory in lieu of suing in court, as well as other possible conditions. Good luck

Tim Akpinar

1 Answer | Asked in Contracts on
Q: how do I get an aquisition layer

i want to sell my company

Tim Akpinar
Tim Akpinar answered on Dec 10, 2019

You could look for one on this site or through your own independent searches. There is no section here for "Acquisition" but there are sections related to business matters, such as Business Law, and possibly others, depending on the nature of your business. Good luck

Tim Akpinar

2 Answers | Asked in Personal Injury and Products Liability for Vermont on
Q: I need to know how much my claim is worth

My cup ashtray caught on fire, nearly giving my husband a heart attack, and burning both our fingers. he is on ssi for a panic disorder. We called dollar tree who said their claim department would contact us. I was wondering with a fire and a mental disorder involved how much should I ask for?

Tim Akpinar
Tim Akpinar answered on Dec 10, 2019

I hope you are both okay from the incident. It's difficult for attorneys to assess the matter without knowing more about the product and the ensuing injuries. As Mr. Munsing says, contacting attorneys could be helpful. Good luck

Tim Akpinar

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1 Answer | Asked in Traffic Tickets and International Law on
Q: I have no valid driver's license from any country. But a car rental in Austria rented me a car. Can I sue them?

I currently live in the US. I was just visiting Austria. Are there any laws in Austria that allows me to sue the car rental for negligent entrustment of vehicle to unlicensed driver? My boyfriend has a valid licence and he was listed as second driver and he drove the car and I never drove the car.

Tim Akpinar
Tim Akpinar answered on Dec 10, 2019

An attorney in Austria could best answer your question, as it would involve Austrian law. But your question remains open for four weeks. Under U.S. law, negligent entrustment under such circumstances would be a cause of action more likely to be raised by an injured plaintiff struck by the rental... Read more »

1 Answer | Asked in Personal Injury for Connecticut on
Q: New hamspire based broadband company leaves work equipment on street in front of house and there is a impending storm.

Duty risk and professional negligence claim if unable to contact from state of Connecticut

Tim Akpinar
Tim Akpinar answered on Dec 9, 2019

Hopefully, no one was injured or no property damaged as a result of the equipment being there. If that were the case, there wouldn't be grounds for a case based on negligence. Although unsecured equipment in such a setting could pose a risk of causing injury or damage, a case would not be based on... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law on
Q: Are there instances when a person has no criminal liability, but has civil liability?
Tim Akpinar
Tim Akpinar answered on Dec 9, 2019

Yes. There are high-profile examples where defendants were acquitted of murder charges in criminal trials, but then members of the victim's family brought wrongful death actions against them. Wrongful death is a civil cause of action. There are lesser-known examples, such as environmental statutes... Read more »

3 Answers | Asked in Personal Injury for Massachusetts on
Q: My daughter was clipped by a plow on Saturday night and is traumatized by the incident. Do I have a case?

Unfortunately she was wearing dark clothing but was walking with the traffic. She had her cell phone light on down by her side and other cars were avoiding her. When I spoke with the police and I asked if the driver was intoxicated, mind you this gentleman tried pulling my daughter into his truck... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 9, 2019

I'm sorry for your daughter's injuries. Ms. Nadeau and Mr. Schwartz have both generously and thoroughly identified and addressed a good number of meaningful issues here. I'd add that if the operations involved public entities (Department of Transportation, etc.), there could be notice of claim... Read more »

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3 Answers | Asked in Personal Injury and Products Liability for Virginia on
Q: Can you sue a company because it’s product caused injury to your child and yourself
Tim Akpinar
Tim Akpinar answered on Dec 9, 2019

I'm sorry for your injuries; I hope you and your child are recovering. It's possible you could sue. But an attorney would need more information about the product and the manner in which you used it to make that determination. It's not enough that the product simply caused injury, as is the case... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Business Law for South Carolina on
Q: Is a photographer required to refund a deposit if the session is cancelled d/t inclement weather? Mine refuses.

She says no refunds. Alternatively she has offered to notify me of future scheduled sessions. They’re few and far between.

Tim Akpinar
Tim Akpinar answered on Dec 8, 2019

It could depend on the terms of the underlying agreement between you and the photographer, in particular, what is said about the deposit. If that point is not addressed, it could be open to debate. Good luck

Tim Akpinar

1 Answer | Asked in Health Care Law and Medical Malpractice for Nevada on
Q: Can my dentist bill me for amount insurance is claiming not covered after I signed a comp. screen agreeing to a price

I signed an I pad agreeing to pay a certain amount and now I have received a bill in the mail 6 months later for $400 they are claiming the insurance didn't cover. Do I have any legal ground to refuse to pay and how do I go forward?

Tim Akpinar
Tim Akpinar answered on Dec 8, 2019

I would have liked to offer a more unequivocal "yes" or "no" response here, but it is difficult to offer a definite answer without knowing the full terms of any agreements or paperwork/screens you signed, and the nature of the denial. Terms and conditions imposed by the insurance carrier upon their... Read more »

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: Is it considered assult if a teacher grabs a student and causes bodily injury?

My son was grabbed by a teacher and pulled to another seat, when he was pulled his finger was cut. He is 8 years old.

Tim Akpinar
Tim Akpinar answered on Dec 8, 2019

A Pennsylvania attorney could best answer your question, as it could be defined under state law. As a general point, public entities such as school districts could have short notice of claim requirements. Good luck

Tim Akpinar

2 Answers | Asked in Products Liability on
Q: Does the us class code that registers a product that I sell outside the US affect me?
Tim Akpinar
Tim Akpinar answered on Dec 8, 2019

Product liability attorneys (the selected category) aren't likely to know this. They deal more with injuries from defective products. The question might have a better chance of being seen in Government & Administrative Law and categories related to that area. Good luck

Tim Akpinar

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1 Answer | Asked in Contracts and Construction Law for Pennsylvania on
Q: Is Statue of Limitations extended if contractor promises to address issues and concerns and never does? Worknotcod

No comments.

Tim Akpinar
Tim Akpinar answered on Dec 8, 2019

No, not automatically as a general matter. But parties can extend the statute of limitations through a written agreement if they are both willing to do so. Good luck

Tim Akpinar

1 Answer | Asked in Contracts on
Q: What is the legal effect of a misrepresentation of a misrepresentation on an otherwise valid contract
Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

If it's minor, it could be inconsequential. If it is significant, it could undermine the formation of a legally binding contract. The state of mind or intent of the party to whom the misrepresentation was attributable would be a factor. Good luck

Tim Akpinar

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Social Security for Arizona on
Q: I am without gainful employment with an unnoticed permanent total disability of a traumatic brain injury can I get help

Due to an industrial commission stipulation agreement the state of Arizona's benefits have been denied due to a false interpretation of the disability

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

I'm sorry for the impact this injury has had upon your life. You chose categories that make sense for injury/disability. But you mention the Industrial Commission of Arizona. If this involves an injury that occurred in the course of your employment, and you had a workers' compensation attorney at... Read more »

1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Personal Injury for Alabama on
Q: In Alabama if probate closed in July 2019 shouldn’t the lawyer have disgust the money by now? And

How much money the lawyer put into his personal account? He said it was what the accident insurance paid but we never seen proof of how much

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

Your question bridges four categories and it would be best for an attorney who is knowledgeable in Estate/Probate matters to address the estate-related aspect of it. As for the personal injury-based aspect of your question, it shouldn't be a problem for an attorney who represented a plaintiff in an... Read more »

1 Answer | Asked in Personal Injury for New York on
Q: I cant find a lawyer here, so can a paralegal help me with my current pro se case ?
Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

They can assist. But the scope of things that a paralegal can do is more limited in nature. A fundamental difference (and you can go online and research the full range of distinctions between the two professions) is that a paralegal cannot generally represent a client in court. This is not a... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: In 2003 I believe an article was published in the Oklahoma Bar Journal that dealt with brief writing

The writer began by saying that appellate courts read a lot of writing and unfortunately they read a lot of poor writing. The article cited some cases in which lawyers tried to win their cases by disparaging the court or the opposition. I remember laughing at the brutal way the Oklahoma Supreme... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

You could check with the Oklahoma Bar Association. The problem is that many state bar associations don't go back that far with their online journals. If they don't have it on their site, you could contact them directly to see if one of the administrators could assist. Another option might be to... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: Hello there, I'm writing in regards to a family member of mine who has a medi malpractice case that has been ongoing

Since 2013. There have been many discussions with one of the defendants coming to a settlement, two others decided for trial so the lawyer at the time proceeded to contact his doctor who made the diagnosis to prepare to testify for trial. However, the lawyer was informed by the doctor he could not... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

I believe I may have answered this question - my response was that seeking consult with med mal attorney could be helpful in making well-informed decision about how to proceed in light of the two month window presented by judge in case. Good luck

Tim Akpinar

1 Answer | Asked in Municipal Law for New York on
Q: Why are lawyers afraid to go up against local village issues concerning water/sewer charges?
Tim Akpinar
Tim Akpinar answered on Dec 6, 2019

It could be any number of reasons. One could be an issue of conflict, where if the lawyer represents anyone having any affiliation with the village, they don't want a conflict of interest, or at least the appearance of one. Another could be that if the lawyer has aspirations of handling work for... Read more »

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