Lawyers, Answer Questions  & Get Points Log In
Questions Answered by David Alan Wolf
2 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Arizona on
Q: I was an injured passenger in an accident where the other driver was drunk. Our lawyer says we must join our case. Why?

The drunk driver was at fault. My 5 yr. old and I were both injured. I was told the policy was for only 30 thou and we were only going to be compensated "a few grand".

David Alan Wolf
David Alan Wolf answered on Dec 7, 2018

The situation as you outlined may be the outcome. From a practical standpoint, the recovery on a case is typically limited to the insurance proceeds. You should sit down with your attorney to discuss your legal rights as well as the best practical approach to proceed forward with the case. You... Read more »

View More Answers

2 Answers | Asked in Personal Injury and Gov & Administrative Law for New Jersey on
Q: What type of lawyer is needed?

Sister fell off the swing set at city park due to faulty chains. This caused her femur to break and protrude through the skin requiring emergency surgery to repair. What type of lawyer is needed?

David Alan Wolf
David Alan Wolf answered on Jun 23, 2018

You should contact a personal injury attorney. The case or claim would be against the city. There are special laws and restrictions that apply to claims against government entities. You should be able to get a free consultation from a local personal injury attorney on a matter of this nature.

View More Answers

2 Answers | Asked in Personal Injury and Car Accidents for Wisconsin on
Q: What happens if a biker is hit by a car, but the car drives off? Is there any potential legal remedy?
David Alan Wolf
David Alan Wolf answered on Jun 15, 2018

If the driver / owner of the vehicle can be identified, there can be a case against the driver / owner. If the driver / owner cannot be identified, there may be an Uninsured Motorist insurance claim if this coverage was purchased by the injury victim or a resident family member. There may also be... Read more »

View More Answers

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Connecticut on
Q: My daughter was injured during a basketball game at the park and rec and required surgery

My daughter was injured at the town park and rec during a basketball game trying to avoid another player. We never signed a release or waiver. An injury report was given that night. We found out that she tore her ACL and required numerous months of physical therapy. I contacted the town's insurance... Read more »

David Alan Wolf
David Alan Wolf answered on Jun 1, 2018

There is only a "case" to pursue if there was some kind of negligence on the fault of the park or an individual assuming that government entities can be sued in the State of Connecticut for simple negligence. Typically, a property owner is not liable per se just because an injury or incident took... Read more »

2 Answers | Asked in Personal Injury for Georgia on
Q: Premises Liability Injury

My 8 year old son broke his wrist while playing at a friend house he had to undergo surgery because his hand was completely broken away from the wrist. He was transported to the hospital by ambulance from the friends property. He ended up having to spend 2 days in the hospital. I am wanting to know... Read more »

David Alan Wolf
David Alan Wolf answered on May 1, 2018

Homeowner's insurance may or may not cover the damages / injuries. If the homeowner carried "Medical Payment" insurance, there may be a recovery of out of pocket medical expenses even if you cannot prove that the homeowners / residents were not at fault. If the injury resulted from some kind of... Read more »

View More Answers

2 Answers | Asked in Personal Injury and Car Accidents for Kentucky on
Q: How much should I ask for in a car accident settlement that I was at no fault for?

My 9 year old son and I were in a car accident Monday. The other driver was at fault; he crossed the center line and hit us head-on. I got a bloody nose from the airbag and bruise on my shoulder from the seatbelt. My son got a burn/scrape on his neck from the seatbelt. We went to the doctor the... Read more »

David Alan Wolf
David Alan Wolf answered on Apr 23, 2018

The value of a case depends on a number of factors. Most attorneys will advise you to consult with an attorney as to your legal rights AND to hire an attorney to represent you. It may be too early to value the case if there is sufficient insurance in place to cover the property damage and... Read more »

View More Answers

1 Answer | Asked in Personal Injury for Maine on
Q: I was rear ended at a stop light and was injured by a driver that never stopped. physical therapy starts next week

their insurance company sent me a check to get truck repaired, by cashing the check does this effect my injury settlement case?

David Alan Wolf
David Alan Wolf answered on Apr 1, 2018

Typically, a check issued for property damage does not serve as a release for the personal injury claim. It is best to get the advice and review by a local personal injury injury before taking further action. Insurance companies are well represented by attorneys. You should be represented as well.

4 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: i was hit today by a dump truck from a big company, i am not at fault, but i dont have a license but have sr22.

i had right of way, he had a stop sign, i was turning and he hit me. what do i do now?

David Alan Wolf
David Alan Wolf answered on Mar 28, 2018

Most attorneys will provide a free consultation. Contact a local attorney to find out your legal rights as to compensation and coverage for property damage and / or personal injuries. While AVVO is a wonderful forum, it is not a substitute for having the legal advice from an attorney as to the... Read more »

View More Answers

1 Answer | Asked in Personal Injury for Florida on
Q: Driving girlfriend to work, and I got rear ended, she went to hospital, I'm in FL, any way of getting out of paying 20%?

I was told I have to pay 20% of the medical bills, and I wasn't at fault.

David Alan Wolf
David Alan Wolf answered on Mar 27, 2018

If you were the one rear ended, you are not liable for your girlfriend's medical bills. The 20 % that is not covered by PIP can be collected from the at-fault driver's insurance company assuming that the at-fault driver carried Bodily Injury Insurance. Also, many medical providers will negotiate... Read more »

3 Answers | Asked in Personal Injury, Car Accidents and Child Support for Florida on
Q: I was in an accident

Was in a accident on 2-2-18 involving a City Bus I hurt my entire back and right hip I'm on workers comp the insurance company contacted me on 2-13-18 the adjuster I talk 2 said once I'm done with treatment the will pay whatever workers comp don't pay along with pain and suffering in one lump some... Read more »

David Alan Wolf
David Alan Wolf answered on Feb 14, 2018

You should at least meet with a personal injury attoreny to discuss your legal rights. Most personal injury attorneys will provide for a free consultation. Insurance companies have adjusters, investigators, and attorneys in their corner. You may want to hire an attorney to protect your rights. It... Read more »

View More Answers

4 Answers | Asked in Insurance Defense and Civil Litigation for California on
Q: How long does it take attorneys to write up settlement release forms?

My attorney contacted me on the 26th of January stating we settled and they would be sending out a couple of release forms for me to sign and yet almost 3 weeks later, still nothing. Is this normal?

David Alan Wolf
David Alan Wolf answered on Feb 14, 2018

Once a case is settled, it may take several weeks to even a few months to get all of the paperwork signed and the bills / liens resolved. If there are no medical bills and there are no medical or other liens, the process can go a bit quicker. Also, the insurance company typically sends over the... Read more »

View More Answers

5 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: If I am hit from behind by someone with car insurance who admits it's their fault and they would pay for the damage.

When I file a claim I later found out I apparently didn't have insurance but I was suppose to have insurance, what happens. My truck is really damage and I have being have a lot of neck and back pain. At first the driver was saying she was going to pay for the damage now she is saying she is not... Read more »

David Alan Wolf
David Alan Wolf answered on Feb 12, 2018

Hopefully, you carried uninsured motorist coverage and other benefits under your automobile insurance policy. Contact a local attorney to discuss your legal rights and recommended course of action. Most attorneys will focus on the insurance situation and coverage before committing to take on the... Read more »

View More Answers

3 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: How can I find out the liability limits of the at fault driver that hit me in florida
David Alan Wolf
David Alan Wolf answered on Feb 11, 2018

A letter can be sent to the at-fault driver or owner. If there is a police report or driver's exchange, a letter can be written to the insurance company requesting insurance coverage documentation information. I recommend that you contact a local personal injury attorney to get some guidance on... Read more »

View More Answers

2 Answers | Asked in Personal Injury and Workers' Compensation for Massachusetts on
Q: Hi, I was personally injured at work and have been out of work due to injury for a week. Do I apply for workmans comp?

I dislocated my knee carrying a child downstairs performing job duties and reported incident to supervisior. Do not know if I am covered by workmans compensation for this or what course to pursue

David Alan Wolf
David Alan Wolf answered on Feb 7, 2018

An injury is covered under worker's compensation if the worker is injured during the course and scope of employment. It would appear that your injury would be covered by worker's compensation. You should contact a local worker's compensation attorney to discuss your legal rights and recommended... Read more »

View More Answers

2 Answers | Asked in Personal Injury and Car Accidents for Wisconsin on
Q: If I got injured in a car accident due to the other driver's negligence but they have insufficient insurance coverage to

pay my medical bills, am I allowed to sue the driver directly for the remainder?

David Alan Wolf
David Alan Wolf answered on Feb 7, 2018

Yes, you have the right to sue the at-fault driver if there is insufficient coverage; however, the insurance carrier will not pay out a settlement without a Release. As such, you would not be able to collect the insurance proceeds from the at-fault driver's insurance company and then go after the... Read more »

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I am from TN, work in NY and had a car accident in NJ. Where do I find an Attorney, NY/NJ or TN?
David Alan Wolf
David Alan Wolf answered on Feb 3, 2018

Your primary attorney should be in New Jersey. Your primary attorney may want to reach out to an attorney in one of the other states to get recommendations for medical providers.

View More Answers

2 Answers | Asked in Personal Injury and Nursing Home Abuse for Georgia on
Q: My mother got a bed sore about 2 years ago on her left heel,that got very infected,from lack of attention

It was from negligence of the staff,well she's had surgeries,she's been in the hospital several times,now she's back in again with the infection that should have never happened,she's in bad shape this time

David Alan Wolf
David Alan Wolf answered on Jan 27, 2018

It appears that Georgia has a 2 year statute of limitations from the date of the injury. There may be some exceptions or extensions of this general rule / law. Contact a malpractice or nursing home attorney in your geographic region as soon as possible.

View More Answers

1 Answer | Asked in Car Accidents, Personal Injury and Business Law for Washington on
Q: Can I the plaintiff request a settlement more than policy limit of the defendants insurance coverage for a car accident

I was rear ended by no fault of my own and my lawyer refuses to request what I am asking, but I am ignorant about my rights

David Alan Wolf
David Alan Wolf answered on Jan 24, 2018

From a practical standpoint, demands are usually directed up to the policy limits. At times, a demand can be made for more but it may be impractical to do so. Sit down with your attorney and another attorney in your area to discuss the best and most sensible way to pursue your case.

3 Answers | Asked in Personal Injury and Animal / Dog Law for California on
Q: My son was walking home from school and was attacked by a pit bull. No significant injuries. Can we still sue?

My son was walking on the sidewalk on the way home. A pit bull ran out of the front yard where it was standing with its owners and began biting him. The owner, an adult female, yelled at the dog to stop But did not intervene. A child attempted to step Between my son and the dog but itnpushed past... Read more »

David Alan Wolf
David Alan Wolf answered on Jan 20, 2018

The successful pursuit of this case may end up depending on coverage (if any) on behalf of the dog owner. Some homeowner's insurance policies cover dog bites and some do not. Fortunately, your son did not suffer any serious physical injuries thanks to his clothing. Consult with a local attorney... Read more »

View More Answers

2 Answers | Asked in Personal Injury for California on
Q: Hi I fell last year in Oct 31 in the Grand Sierra Resort and i had just arrived

And I walked into the rest room and I slipped on water and there was no sign that said it was wet and I hurt my back and they lied to me they called an ambulance and saith for me not to worry that they would cover all expenses for the hospital as well and now I'm getting charged and they are... Read more »

David Alan Wolf
David Alan Wolf answered on Jan 6, 2018

Slip and fall cases can be quite challenging. Property owners and insurance companies make promises and (at times) do not follow up or honor those promises. For most personal injury cases, a free consultation is provided by the local personal injury attorneys. The pursuit of the case by the... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.