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Questions Answered by David Alan Wolf
3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Who gets sued in a car accident? The owner or the driver?

I’m wondering who gets sued in these incidents. I was in an auto accident and I have a very well known firm working on the case. The only question I have is every documents says the case is against the owner of the vehicle, instead of the person driving the vehicle who hit me, the owner wasn’t... Read more »

David Alan Wolf
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David Alan Wolf
answered on Jan 5, 2018

The owner of the vehicle and the driver of the vehicle can be named in the lawsuit. In most cases, both the owner and the driver are named as Defendants. However, at times, just driver or owner is named as a Defendant. You should have a meeting with your attorney to discuss the lawsuit and the... Read more »

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3 Answers | Asked in Personal Injury and Wrongful Death for Virginia on
Q: My aunt was killed in a car wreck in Virginia. It was the other drivers fault.

The driver at fault also died and was in a company owned vehicle. Should I wait till their insurance offers a settlement before hiring an attorney. I'm my aunt's beneficiary. She had no children and was widowed

David Alan Wolf
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David Alan Wolf
answered on Jan 5, 2018

Wrongful death cases can be quite complicated. An estate will need to be set up. You should at least schedule a free consultation with a local personal injury attorney to discuss the law and the applicable legal rights. Insurance companies are well represented by attorneys, investigators, and... Read more »

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2 Answers | Asked in Personal Injury for Washington on
Q: The insurance Company for the driver that hit me offered a 100,00 Settlement, I want More, Should I get a lawyer?

The accident caused a traumatic brain injury, i was hospitalized for a month then for 2 weeks again a couple of months later. I was crossing the street when the driver stoped the car, there was a problem with his break so even though he stoped, it still hit me. I also still take physical therapy... Read more »

David Alan Wolf
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David Alan Wolf
answered on Dec 25, 2017

You should at least consult with an attorney to make sure that you are making the right decision on your case. Do not agree to a settlement until you consult with an attorney. Most attorneys will provide you with a Free Consultation.

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1 Answer | Asked in Personal Injury for Kentucky on
Q: My toddler fell down a flight of stairs while on a playdate at another person's home.

Can I sue the homeowner for not babyproofing the home?

David Alan Wolf
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David Alan Wolf
answered on Dec 19, 2017

A child care provider including babysitters and other parents can be held liable when a child suffers an injury under the watch or supervision of the child care provider. When a person agrees to watch a child at his or her home, it is important that the child is cared for in a reasonably safe... Read more »

3 Answers | Asked in Personal Injury for Texas on
Q: girlfriend was hit by drunk driver, she went to the hospital insurance hasn't covered all the bills what can she do

insurance co. called her today and offered to settle but she still has problems with neck and shoulder. they want her to accept 1500.00 but have said nothing about paying the bills already incurred. there is also the issued of diminished value to her lease vehicle. any help or directon would be... Read more »

David Alan Wolf
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David Alan Wolf
answered on Dec 12, 2017

The decision to settle a case depends on a number of factors. Before your girlfriend agrees on anything or has any further discussions with the insurance companies, she should consult with a personal injury attorney. Most personal injury attorneys offer a free consultation. It may be in your... Read more »

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3 Answers | Asked in Traffic Tickets and Personal Injury for New Jersey on
Q: I was rear ended by a tractor trailer but received a ticket for illegal lane change.

I was still in my lane and not gone out of it. I went to court and the judge dropped my case. Will I still be able to receive payments from the truck driver to fix my car and my medical bills?

David Alan Wolf
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David Alan Wolf
answered on Dec 5, 2017

You may be able to pursue your accident / injury claim. Consult with a local personal injury attorney. In most states, the disposition - one way or the other - of the traffic citation does not control the insurance claim. Good luck.

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2 Answers | Asked in Personal Injury for New Jersey on
Q: What can I do about my lawyer ignoring my phone calls for over a year

My daughter was the passenger in a car collision. The driver of the car that hit them took full responsibility. I got a lawyer. Signed a contract. The other girl settled already and my lawyer didn't call me back in a year. I finally left a voicemail and he gave me his cell phone number. He put... Read more »

David Alan Wolf
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David Alan Wolf
answered on Nov 5, 2017

Contact the attorney by e-mail or letter requesting a status of the case and a copy of the demand letter. You can also request a meeting with the attorney. Each case (even when there are other injury victims) should be evaluated on its own merits including the injuries sustained, medical bills,... Read more »

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1 Answer | Asked in Animal / Dog Law, Personal Injury and Employment Law for Pennsylvania on
Q: I was bitten by a dog at an animal sanctuary that I work at. I did not sign a waiver. Can I sue?

I work at an animal sanctuary in the state of Pennsylvania and was recently bitten by a dog there. I never signed any waivers or any type of paper saying I omit any possibility of suing them. There were no signs or any indication that the dog was vicious. Is suing the sanctuary still possible?

David Alan Wolf
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David Alan Wolf
answered on Oct 28, 2017

Since you were employed by the animal sanctuary, it would appear that you would have a worker's compensation case to pursue. In most states, the element of fault is not required to pursue a claim or case through worker's compensation. You need to establish that you were injured during... Read more »

5 Answers | Asked in Contracts, Personal Injury and Car Accidents for California on
Q: I was basically rear ended a few days ago and the guy offered to pay cash and we got a doc together. Now my neck hurts.

I was rear ended a few days ago and the guy offered cash and we wrote a document. Fast forward to today my neck hurts. No insurance was involved, but I want to involve insurance now. On the document I used a nickname and there is only a date. It says after the payment is received, this incident... Read more »

David Alan Wolf
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David Alan Wolf
answered on Oct 28, 2017

You should contact a local personal injury attorney. You may have executed what is ultimately deemed as a Release. The wording of the Release may be vague to the point that it is not enforceable. I would not recommending having contact with the insurance company at this time. If you hire an... Read more »

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5 Answers | Asked in Personal Injury and Car Accidents for California on
Q: I was in an auto accident that was 0% my fault and 100% the other driver's fault. Suffered multiple fractures in my leg

Long story short the maximum payout from her insurance for bodily injuries only cover a fraction of the medical bills and yet I still need another surgery. She has no assets to sue for. My lawyer is asking her to contribute personal money of her own since she was under insured. We get a letter from... Read more »

David Alan Wolf
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David Alan Wolf
answered on Oct 25, 2017

The at-fault driver carried insurance. The at-fault driver has an attorney assigned to the matter to represent him. This is what insurance companies do. If a case was being brought against you, the insurance company would assign an attorney to you. While it may seem confusing to you and there... Read more »

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2 Answers | Asked in Personal Injury and Civil Litigation for Tennessee on
Q: A second judge has appeared on my docket. He's not the presiding judge. The defense attorney quit abruptly.

Auto accident civil case.

David Alan Wolf
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David Alan Wolf
answered on Oct 17, 2017

These recent developments most likely will not impact your case. Judges, from time to time, change on cases. This goes the same with defense attorneys. The best course of action is to ask your attorney for the status of your case and anticipated direction and potential resolution of the case.

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2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Landlord - Tenant for Virginia on
Q: Is there's any motion that can be filed to obtain a immediate decision in a civil proceeding

I have all evidence to support my civil claim and to prove entitlement to damages demanded in Civil claim, but I need to know if there's anyway I can file any type of motion in demand of a immediate decision without having to go through all the trouble of waiting on a civil hearing?... Read more »

David Alan Wolf
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David Alan Wolf
answered on Oct 18, 2017

There is typically a process to go through to get a judgment in a civil case. At times, the process can be shortened if the other side defaults and / or does not show up for the final hearing. If you are represented, discuss this matter with your attorney. If not, it may be worth sitting down... Read more »

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2 Answers | Asked in Personal Injury for Kentucky on
Q: My under age kid was hanging out with his cousin on our property driving an ATV

we own and the cousin was hurt - my sister-in-law is now demanding money to pay the medical b/c she says insurance won't pay - can that be right?

David Alan Wolf
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David Alan Wolf
answered on Oct 10, 2017

There are a number of issues that could be involved. The parent of the injured child may claim that there was no parental permission or knowledge of the activity. The parent may also claim lack of supervision. Even if there was permission and no apparent lack of supervision issue, the... Read more »

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2 Answers | Asked in Personal Injury for Mississippi on
Q: If a person falls at hurt themselves at a hotel .. Is the hotel responsible for medical bills.. The guest trip and cap

By the whirlpool this what cause the ingry to his head I took pictures before we left he has to tale a few day of work as well

David Alan Wolf
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David Alan Wolf
answered on Oct 4, 2017

There would need to be some kind of fault or dangerous condition in place to pursue a case or claim for the personal injuries. A property owner is not liable just because there is an injury. However, if the property owner knew or should have known about a dangerous condition but failed to post... Read more »

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4 Answers | Asked in Civil Litigation for California on
Q: Is it usual for a plaintiff attorney to charge a fee when participating in a mediation session when the client/attorney

contract makes no mention of same?

David Alan Wolf
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David Alan Wolf
answered on Sep 20, 2017

For personal injury cases, mediations are commonly required by the trial judge. The costs of mediation are typically split between the parties.

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1 Answer | Asked in Workers' Compensation and Employment Law for Nevada on
Q: My job is saying I have enough money to pay my hospital bills?

I injured my arm at work and I had to get surgery to fix it. My work covered the surgery, medication and physical therapy. But that was 3 years ago. I got a bill from the hospital about a week ago and they're asking for 10,000 for the surgery. On the bill they sent it said something along the... Read more »

David Alan Wolf
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David Alan Wolf
answered on Sep 18, 2017

You should consult with a Nevada based worker's compensation attorney. There are time limits that apply to the case and the processing of the medical bills. In some jurisdiction, the clock starts ticking after the last treatment related to the worker related injury. In some states, there... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for New Jersey on
Q: My car was damage as a result of falling off lift in a shop we were inside bay i am shaken up help
David Alan Wolf
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David Alan Wolf
answered on Sep 18, 2017

You should be able to get the property damage covered by the shop and / or its insurance company. If you are seeking damages for emotional pain and suffering, that would be a bit of a challenge as the law in the State of New Jersey may now allow for recovery of these damages under these... Read more »

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1 Answer | Asked in Business Law for New Mexico on
Q: If we have our customers sign a release about personal injury claims are we off the hook?

We are starting a travel/adventure company.

David Alan Wolf
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David Alan Wolf
answered on Sep 3, 2017

Many courts do not favor release waivers especially those that attempt to waive away all bad acts and negligence on behalf of the company. These waivers are often challenged. You should see the advice of a business attorney in your state to review the particular release you are using to determine... Read more »

1 Answer | Asked in Employment Law and Personal Injury for California on
Q: Attacked at work

I was assaulted while on the clock and was hospitalized due to my injuries. I have a work comp attorney who is helping me get the healing I need but do I have a personal injury or any other case since they yelled out for me to stop the person who assaulted me?

David Alan Wolf
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David Alan Wolf
answered on Sep 3, 2017

It would appear that your worker's compensation attorney should be able to handle your case and the various issues related to the case. On its own, the fact that your company yelled at your may or may not be a case on its own. Certainly, the assault and resulting injuries should be the focus... Read more »

6 Answers | Asked in Personal Injury for California on
Q: Treated for whiplash, led to a collapsed lung, 7 days in hospital. Is this a valid personal injury clam? (Not med mal?)

Also I have connective tissue disorder, $1800 car damage, other passengers not injured. Other ins. Co accepted 100% liability (pre treatment). Husband missed work, kids traumatized, I underwent a great deal of pain and suffering after trigger point injection punctured my lung, lost wages, lost job... Read more »

David Alan Wolf
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David Alan Wolf
answered on Sep 1, 2017

Personal injury cases can be quite challenging. You did a good job in summarizing the scenario. A personal injury attorney can help you reduce the medical bills and lien and get a better recovery in most situations. If health insurance paid medical bills, there will most likely be a lien on the... Read more »

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