Questions Answered by Ryan P. Sullivan

Q: Omaha, Nebraska - My neighbors tree fell on my house. Is she responsible for having the tree removed?

1 Answer | Asked in Real Estate Law for Nebraska on
Answered on Feb 22, 2012
Ryan P. Sullivan's answer
The answer to this question is fact dependent. However, in many situations the neighbor would be responsible for the cost of having to remove the tree, and also the cost of repairing any damages the falling tree caused.

Q: What liablilty does the employyer have for excon employees

1 Answer | Asked in Employment Law for Nebraska on
Answered on Feb 22, 2012
Ryan P. Sullivan's answer
An employers liability will depend primarily on whether they were aware of the employee's misconduct, whether they failed to take appropriate action necessary to remedy the situation. Under some circumstances, an employer would be liable for damages caused by the conduct of an employee that constitutes sexual harassment of another employee, or subjects that employee to a hostile work environment.

Q: What benefits can the victim of a first degree assault charge obtain?

1 Answer | Asked in Personal Injury for Nebraska on
Answered on Feb 22, 2012
Ryan P. Sullivan's answer
The short answer: restitution, civil damages, and possibly benefits through the Nebraska's Crime Victim's Reparation Program. The particular benefits applicable to your case will depend on the facts involved in the assault and the injuries sustained.

Q: Do insurance settlement offers expire?

1 Answer | Asked in Car Accidents for Maryland on
Answered on May 13, 2011
Ryan P. Sullivan's answer
Yes. Typically the offer will expire either a) when the offer says it expires, or b) when the settlement offer is revoked by the insurance company.

Q: If my insurance company is paying for the accident i was involved in can the other driver sue us again>

2 Answers | Asked in Car Accidents for Pennsylvania on
Answered on May 13, 2011
Ryan P. Sullivan's answer
In most cases, the claim by the other party is against you, not the insurance company directly. However, by agreement, your insurance company has likely agreed to cover the loss, and, if suit is filed, they will defend the case on your behalf if suit is filed. If suit is filed, it will likely be filed against you personally if you were the party at fault or the owner of the vehicle.

Q: I was in a car accident and my insurance is handling it, can i be sued separately?

1 Answer | Asked in Car Accidents for Pennsylvania on
Answered on May 13, 2011
Ryan P. Sullivan's answer
If your insurance company does not settle the claim, and a suit is filed, the suit will be filed against you personally. However, the insurance company is likely required under your agreement to defend the lawsuit. Nonetheless, you will be listed as the defendant.

Q: Do I need lawyer if I was in car accident, foresee future damages, using my own insurance to handle costs, in pain, etc.

2 Answers | Asked in Car Accidents for Washington on
Answered on May 13, 2011
Ryan P. Sullivan's answer
Unfortunately, in cases like these, insurance companies often take advantage of unrepresented claimants. I would contact a local attorney and give them the basic details. They will be able to tell you whether representation is necessary.

Q: Is negligent driving a misdemeanor in Nebraska?

1 Answer | Asked in Car Accidents for Nebraska on
Answered on May 13, 2011
Ryan P. Sullivan's answer
Negligent driving is a 3 point moving violation in Nebraska.

Q: Someone i purchased a car from claims they left cash in it. what are my rights?

1 Answer | Asked in Consumer Law for Colorado on
Answered on May 13, 2011
Ryan P. Sullivan's answer
If you did not find cash in the car, then they will have to bring suit against you to recover the cash they claim, and prove that they left it in the car. If you did find cash in the car, then you may be obligated to return it - it will depend on whether there was an implied agreement as to whether the contents of the car would transfer along with title to the car.

Q: How do i find out if someone really won a 13 million$ lawsuit?

2 Answers | Asked in Personal Injury for Utah on
Answered on May 13, 2011
Ryan P. Sullivan's answer
Perform a public records search in the jurisdiction where the case was claimed to have been filed. If there was a judgment, it will be public record unless sealed.

Q: If a lawsuit has been filed against me and i choose to writte a written response how long the court will response

2 Answers | Asked in Personal Injury for Florida on
Answered on May 13, 2011
Ryan P. Sullivan's answer
Are you asking how long you have to respond? Or how long can the response be?

Q: If i got ran over, can i sue the person?

1 Answer | Asked in Personal Injury for Colorado on
Answered on May 13, 2011
Ryan P. Sullivan's answer
Whether you can sue depends on the degree the driver's was at fault, if any. Please feel free to send me the details and I can better answer your question.

Q: I payed down on a car something was wrong so i gave it back and asked for my money no response but the dealer sold it?

1 Answer | Asked in Consumer Law for Nebraska on
Answered on May 13, 2011
Ryan P. Sullivan's answer
Have you received a refund for your down payment?

Q: How do i collect the judgement from a Case

1 Answer | Asked in Collections for Nebraska on
Answered on May 13, 2011
Ryan P. Sullivan's answer
If the judgment debtor has not submitted payment voluntarily, the next step will be to start garnishment proceedings. If you are unaware of where the debtor works, you might consider requesting a debtor's hearing to uncover the debtors occupation, assets, etc.

Q: I received a summons for credit card debts. I want to pay for them in full what do I need to do?

1 Answer | Asked in Collections for Nebraska on
Answered on May 13, 2011
Ryan P. Sullivan's answer
I suggest having your attorney contact the creditor's attorney assigned to the case. Your attorney can often negotiate a reduced pay-off amount in an effort to settle the case prior to the first hearing. Please feel free to contact me directly with questions, I may be able to help.

Q: Verbal contract agreement with La QuintaInn for lawn service&still have outstanding invoices from Jun,Au,Sep/2010! HELP!

1 Answer | Asked in Collections for Nebraska on
Answered on May 13, 2011
Ryan P. Sullivan's answer
I suggest filing a claim in county court and get a judgment for the amount due. I often work with small businesses in handling small claims such as these. Please feel free to contact me and I can explain the initial steps to take.

Q: IS there a statue of limitations in nebraska on tort claims?

1 Answer | Asked in Car Accidents for Nebraska on
Answered on May 13, 2011
Ryan P. Sullivan's answer
Yes. It depends on the type of tort. For example, intentional tort claims have a 1 year limitation period, where claims arising out of negligence must be filed within 4 years of the date of discovery.

Q: I was charged with disturbing the peace .what is usual penalty..complaining party has left town

1 Answer | Asked in Municipal Law for Nebraska on
Answered on May 13, 2011
Ryan P. Sullivan's answer
In Nebraska, Disturbing the Peace is a Class III Misdemeanor, which carries a penalty of up to 3 months in jail and up to a $500 fine.

Q: I paid a restoration company to do work after smoke dmg- they did poor work; I short paid them, am i liable for the diff

1 Answer | Asked in Consumer Law for Nebraska on
Answered on May 13, 2011
Ryan P. Sullivan's answer
The restoration company may file a lien on your property or may take you to court to recovery the balance due. You will have the opportunity to present evidence showing that the amount paid was satisfactory for the amount and quality of the work performed. In sum, they may sue you for the difference, but you may not have to pay it if you can show the court that you have paid them in full for the work actually performed. Further, you may be able to assert a counter-claim for breach of...

Q: What is the mean of "motion to file additional pleadings and to conduct discovery"

1 Answer | Asked in Civil Litigation for Nebraska on
Answered on May 13, 2011
Ryan P. Sullivan's answer
Typically, the motion means that the other party is requesting permission form the court to file some sort of additional pleading and to begin the discovery process, which includes requests for production, interrogatories, and depositions.

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