Questions Answered by David Alan Wolf

Q: I was an injured passenger in an accident where the other driver was drunk. Our lawyer says we must join our case. Why?

2 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Arizona on
Answered on Dec 7, 2018
David Alan Wolf's answer
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 may also want to discuss the matter with another local attorney to get a second opinion.

Q: What type of lawyer is needed?

2 Answers | Asked in Personal Injury and Gov & Administrative Law for New Jersey on
Answered on Jun 23, 2018
David Alan Wolf's answer
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.

Q: What happens if a biker is hit by a car, but the car drives off? Is there any potential legal remedy?

2 Answers | Asked in Personal Injury and Car Accidents for Wisconsin on
Answered on Jun 15, 2018
David Alan Wolf's answer
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 a fund established in the State of Wisconsin for victims of a crime.

Q: My daughter was injured during a basketball game at the park and rec and required surgery

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Connecticut on
Answered on Jun 1, 2018
David Alan Wolf's answer
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 place on the property. There is a form of insurance called "Medical Payment" insurance that does provide coverage for medical bills even if there was not any fault or negligence on the part of the...

Q: Premises Liability Injury

2 Answers | Asked in Personal Injury for Georgia on
Answered on May 1, 2018
David Alan Wolf's answer
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 negligence, there may be liability coverage available to cover such damages. As for the mandatory reporting of an injury to a homeowner's insurance carrier, it will depend on the language of the...

Q: How much should I ask for in a car accident settlement that I was at no fault for?

2 Answers | Asked in Personal Injury and Car Accidents for Kentucky on
Answered on Apr 23, 2018
David Alan Wolf's answer
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 personal injuries. At this point in time, you do not know what medical treatment will be provided over the next few months or longer. You also have not undergone diagnostic testing in the form of a MRI and...

Q: I was rear ended at a stop light and was injured by a driver that never stopped. physical therapy starts next week

1 Answer | Asked in Personal Injury for Maine on
Answered on Apr 1, 2018
David Alan Wolf's answer
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.

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.

4 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Answered on Mar 28, 2018
David Alan Wolf's answer
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 particular issues and questions applicable to your situation. You will not be obligated to hire the attorney who you meet with or talk over the phone for the free consultation. Good luck.

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%?

1 Answer | Asked in Personal Injury for Florida on
Answered on Mar 27, 2018
David Alan Wolf's answer
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 or reduce the 20 % of the bill that is not covered by PIP. Contact a local personal injury attorney for further advice. Good luck.

Q: I was in an accident

3 Answers | Asked in Personal Injury, Car Accidents and Child Support for Florida on
Answered on Feb 14, 2018
David Alan Wolf's answer
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 will all depend on the facts and circumstances. There are a number of qualified personal injury and worker’s compensation attorneys in your geographic area. Good luck.

Q: How long does it take attorneys to write up settlement release forms?

4 Answers | Asked in Insurance Defense and Civil Litigation for California on
Answered on Feb 14, 2018
David Alan Wolf's answer
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 Release to the attorney. At times, the Release needs to be modified as there may be terms in the Release that were not agreed to at the time of the settlement. Have a phone conference with the...

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.

5 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Answered on Feb 12, 2018
David Alan Wolf's answer
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 case.

Q: How can I find out the liability limits of the at fault driver that hit me in florida

3 Answers | Asked in Personal Injury and Car Accidents for Florida on
Answered on Feb 11, 2018
David Alan Wolf's answer
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 this matter and to potentially get legal representation. Good luck.

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?

2 Answers | Asked in Personal Injury and Workers' Compensation for Massachusetts on
Answered on Feb 7, 2018
David Alan Wolf's answer
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 courses of action.

Q: If I got injured in a car accident due to the other driver's negligence but they have insufficient insurance coverage to

2 Answers | Asked in Personal Injury and Car Accidents for Wisconsin on
Answered on Feb 7, 2018
David Alan Wolf's answer
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 at-fault driver for more money. Discuss the issues with a local personal injury attorney. There are a number of practical issues when there is a lack of sufficient insurance coverage.

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?

3 Answers | Asked in Car Accidents and Personal Injury for New York on
Answered on Feb 3, 2018
David Alan Wolf's answer
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.

Q: My mother got a bed sore about 2 years ago on her left heel,that got very infected,from lack of attention

2 Answers | Asked in Personal Injury and Nursing Home Abuse for Georgia on
Answered on Jan 27, 2018
David Alan Wolf's answer
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.

Q: Can I the plaintiff request a settlement more than policy limit of the defendants insurance coverage for a car accident

1 Answer | Asked in Car Accidents, Personal Injury and Business Law for Washington on
Answered on Jan 24, 2018
David Alan Wolf's answer
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.

Q: My son was walking home from school and was attacked by a pit bull. No significant injuries. Can we still sue?

3 Answers | Asked in Personal Injury and Animal / Dog Law for California on
Answered on Jan 20, 2018
David Alan Wolf's answer
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 to get some recommendations. It may be worth pursuing an insurance claim. I am not sure based on these facts if a lawsuit would be filed by an attorney due to the limited extent of the damages. Good

Q: Hi I fell last year in Oct 31 in the Grand Sierra Resort and i had just arrived

2 Answers | Asked in Personal Injury for California on
Answered on Jan 6, 2018
David Alan Wolf's answer
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 attorney will depend on a number of factors. Contact a local personal injury attorney to discuss your case, legal rights, and recommended courses of action.

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