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Questions Answered by David E Schreiber

1 Answer | Asked in Products Liability for Minnesota on

Q: How long does a plantif have to respond to the filing of a products liability suit?

David E Schreiber answered on Mar 19, 2011

Your question is unclear. The plaintiff is the party that files the suit. The defendant must then respond. Typically, in federal court, the defendant has 20 days to file an answer to the complaint.

1 Answer | Asked in Products Liability for Pennsylvania on

Q: I had Medtronic leads on my implanted heart device. Had no notice of class action. Can I still get comp.?

David E Schreiber answered on Mar 19, 2011

First, you should contact the law firm that is doing the class action. It's also possible you have rights to bring your own action if you are deemed to have opted out of the class.

2 Answers | Asked in Personal Injury for Pennsylvania on

Q: A lawer told me he failed a suit regarding my personal injury over 2years,how can I find out if such was filed or if my.

David E Schreiber answered on Mar 19, 2011

It's a little difficult to understand your question. If you are saying the lawyer told you he filed suit within the 2 year deadline, but you want to check that, you can do several things. First, if he filed a complaint, you would have been required to sign a verification, so you should know that.... Read more »

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1 Answer | Asked in Personal Injury for Pennsylvania on

Q: Am i required to go to trial if the defendant doesn't agree to settle or can i ask for an ADR?

I am involved in a slip & fall case where I have told my lawyer that i do not want to go to trial and am willing to settle the case for less than HIS recommended amount, if apposing party will agree. He tells me that I have no choice and will go to trial when the courts say the case is ready.

David E Schreiber answered on Mar 19, 2011

The lawyer must abide by your request. After all, it is your case. If there is an offer made and you want to accept it, then it is your decision. However, if the defense has never agreed to that offer, then it limits your options. "ADR", alternate dispute resolution, is typically something both... Read more »

1 Answer | Asked in Personal Injury for Pennsylvania on

Q: How long can an accident law suit continue? accident happened over 4 years ago and still no day in court

Pedestrian hit by car, pedestrian on drugs and legally drunk walked into traffic. Ambulance chasers filed against state, town, car manufacture and us, all were dropped except us. How long before our rights are considered and the lawsuit is considered fivalas. Police cited pedestrian no fault to us.

David E Schreiber answered on Mar 19, 2011

It all depends on which county (if it's in state court) and what the lawyers are doing. For example, some counties like Chester County, place cases on the trial list within a certain period of time. Otherwise, the defense lawyers can file a motron for summary judgment which would ask the court to... Read more »

1 Answer | Asked in Personal Injury for Pennsylvania on

Q: Do i need a personal injury attorney for a slip and fall in a national park

Slip and fall in Valley Forge National Park

David E Schreiber answered on Mar 19, 2011

I would need more information. However, you may need an attorney if you want to pursue a case.

1 Answer | Asked in Personal Injury for Pennsylvania on

Q: If you live outside PA, and a lawyer wants you to come there for depo what can you do

David E Schreiber answered on Mar 19, 2011

The burden is on the attorney to subpoena you (I assume you are not a party to the lawsuit?). They would have to go through a process of having you served in your state which can be difficult for the attorney. Otherwise, a simple request is typically not binding on you. I don't have all the... Read more »

1 Answer | Asked in Personal Injury for Pennsylvania on

Q: My ATT.filed a civil suit in fed court. A judge appt. etc...at bottom of page..."Jury Demanded",..NONE. Whats that mean?

Does that mean my attorney requested no trial?

David E Schreiber answered on Mar 19, 2011

From your question, you haven't indicated what type of case it is. But, some cases permit the Plaintiff the option to choose whether they want to request a jury. This could be either that the damages don't exceed the limits for arbitration or that the Plaintiff would rather have a trial before... Read more »

1 Answer | Asked in Personal Injury for Pennsylvania on

Q: My son was recovering from 11 surgeries including hip, ankles and arm (has special needs). Went to rehab facility and wh

While there they were not watching him and his leg fell off chair and femur got broke, I filed report.after 3 weeks and tons of therapy and complaining they finally x-rayed and found broken femur. It was healing good .... Could not stay in rehab because did not progress because of knee injury and... Read more »

David E Schreiber answered on Mar 19, 2011

It's possible he may have a viable case. What has his ongoing treatment consisted of? I would be happy to answer more of your questions.

1 Answer | Asked in Personal Injury for Pennsylvania on

Q: Do I have rights and doI need a Lawyer?

Recently my son, 23 yrs of age, was at a nightclub and was removed from the establishment; right or wrong is not the point. In the process of being removed, four security staff of the nightclub used excessive force while removing him (loss of conscientiousness, concussion, laceration requiring... Read more »

David E Schreiber answered on Mar 19, 2011

There may be a claim for negligence against the bar. The staff are agents of the bar and therefore the bar can be "vicariously" liable for the negligent acts of its staff.

What medical treatment has he received? If he has injuries, he should go to a medical provider to be examined.

1 Answer | Asked in Personal Injury for Pennsylvania on

Q: Are deposition transcripts made public and if when , at what point?

David E Schreiber answered on Mar 19, 2011

Typically, deposition transcripts are not public because they are not usually part of the court's docket/filings. That is, they don't typically get filed with the court. However, sometimes some or all of the deposition transcripts are attached as exhibits to documents which are filed with the... Read more »

1 Answer | Asked in Personal Injury for Pennsylvania on

Q: Is Pennsylvania a strict liability jurisdiction?

David E Schreiber answered on Mar 19, 2011

Yes, Pennsylvania is a "strict liability" state for certain types of injury cases. For example, in any action involving an unsafe or defective product, it is "strict products liability".

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