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.
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.
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.
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...
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...
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...
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.
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.
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.
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.
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...
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.
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.
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.
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.
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.
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.
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.
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
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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