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Questions Answered by John M DeProspo
1 Answer | Asked in Car Accidents for Rhode Island on
Q: Do I have any recourse to pursue compensation for my vehicle?

My insurance expired. I was involved in an accident that was entirely the fault of the other driver. Is there an option for me to file a claim for the loss of my vehicle? It's totalled. None of the parties in my vehicle were injured.

John M DeProspo
John M DeProspo
answered on May 13, 2015

It does not matter that your insurance expired. If the other vehicle is at fault and the owner has insurance, you can make a claim with that insurance company for your property damage.

1 Answer | Asked in Medical Malpractice for New York on
Q: If you sue for malpractice and you win do you owe anything to Medicare?
John M DeProspo
John M DeProspo
answered on May 13, 2015

Generally yes. Has Medicare asserted a lien? Do you have a lawyer? If yes, you should discuss this with him or her.

1 Answer | Asked in Legal Malpractice for Indiana on
Q: My attorney charge me full rate instead of 45 percent when we settled our case can he do that
John M DeProspo
John M DeProspo
answered on May 12, 2015

I'm not sure what you mean by "full rate." It all depends on the language in the retainer agreement. Ask him for an explanation. This would not be considered a legal malpractice issue.

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: My daughter was driving my car. Now she has a lawyer that want to sue me,even though she was hit by a truck.can that hap

We live in Pennsylvania. She used the car to travel to NY. Why can't they go after the trucks insurance

John M DeProspo
John M DeProspo
answered on May 12, 2015

I doubt the lawyer wants to "sue" you. He most likely wants to make a "claim" against your insurance company for certain benefits that might be available to her. Speak with your daughter or the lawyer to clarify this.

1 Answer | Asked in Car Accidents for Alabama on
Q: In the state if alabama, what is the minimum I can get for punitive damages
John M DeProspo
John M DeProspo
answered on May 12, 2015

There needs to be a basis for punitive damages. In actions involving physical injury, damages are not to exceed three times the compensatory damages of the party claiming punitives or $1.5 million, whichever is greater. Was this a car accident? If you have not yet done so, you should contact a... View More

1 Answer | Asked in Car Accidents for Alabama on
Q: Our car was damaged when a ball and hitch came off truck in front of us. Our car only has liability

Owner of truck says he will only file claim if we give him the hitch. Should we turn it over?

John M DeProspo
John M DeProspo
answered on May 12, 2015

Yes, just make sure he gives you the name of his insurance company and policy number... in case he does not report the accident himself.

1 Answer | Asked in Car Accidents for Illinois on
Q: car accident

Medicare payed hospital bill can atty nogitate that bill down

John M DeProspo
John M DeProspo
answered on May 12, 2015

Yes, bills can be negotiated down. Discuss this with your lawyer.

1 Answer | Asked in Car Accidents for Virginia on
Q: my loved one was hit and killed by a car as a pedestrian. owner of car says no permission was given what do I do now.?

do I sue someone directly? Geico insurance company will not pay? what are my options

John M DeProspo
John M DeProspo
answered on May 12, 2015

Your best option is to contact a personal injury lawyer in your area who can investigate whether what the insurance company said to your is true. Plus he or she can look into any other type of insurance coverage that may be available. I am sorry for your loss.

1 Answer | Asked in Personal Injury for Massachusetts on
Q: Five years ago I was attacked while at work by a customer. Suffered broken bones Is it to late to file a claim?

store had history of prior attackes on employees and owner

John M DeProspo
John M DeProspo
answered on May 12, 2015

File a claim against whom? The person who assaulted you? It would be too late for that as the statute of limitations in your state is 3 years from the date of the occurrence. Did you not file a workers compensation claim?

1 Answer | Asked in Personal Injury for Nebraska on
Q: I have a case for mesh but have not heard from attorney on the case for over a year.I have left voice mails to contact

No contact with attorneys on my case for over a year. Left several messages but no reply back.

What should I do

John M DeProspo
John M DeProspo
answered on May 11, 2015

You can keep calling until you are able to speak with him or her. Or, better yet, you can just present yourself at the office and I believe you will be successful. Has the lawyer ever sent you correspondence? Are you sure he was retained by you?

1 Answer | Asked in Personal Injury for Georgia on
Q: Does loss of consortium require / assume that a couple has been together?

My estranged spouse and I have not been together in years. She is filing a loss of consortium injury claim against a facility due to their negligence. There is a statement of claim stating that I have a loss of consortium as a result.

John M DeProspo
John M DeProspo
answered on May 10, 2015

No. In most states the spouse of an injured party can file a loss of consortium claim. The fact that the two of you have not been together in years would make the claim very dubious.

1 Answer | Asked in Car Accidents for Texas on
Q: What does it mean for a hospital to out a lien against your settlement?

I had a car accident in November 2014. The lawyers want to settle for much less than what I want. They also told me that the hospital has a lien on my bills.

John M DeProspo
John M DeProspo
answered on May 10, 2015

It means the hospital bill has to be repaid from your share of the settlement. Many times the lawyer will work to reduce the amount that has to be paid back. Best to talk with your lawyer about this.

1 Answer | Asked in Car Accidents for Michigan on
Q: my dog was recently hit by a car and has incurred $6500 in medical bills with $2000 more to go, is there any recourse?

I was ice boating on a lake in March and some how the dog got up by the road and was struck, clear unobstructed view for 400+ yards or more. Thinking the driver was looking at our ice boats and not the road. anyway first surgery and hospital 6500 second surgery 2000. help

John M DeProspo
John M DeProspo
answered on May 7, 2015

If you know the driver's insurance company, make a claim against them for your bills. It may be a tough case, though.

1 Answer | Asked in Car Accidents for Colorado on
Q: I received a summons. I have 2 questions below. Thank you.

In July 2013, while taking my autistic son to summer school, I was involved in an accident with a pedestrian in the parking lot of my condo complex in Arapahoe County, CO. She walked into the front fender of my vehicle on the passenger side above the front tire wheel well and rolled onto the hood.... View More

John M DeProspo
John M DeProspo
answered on May 7, 2015

You need to notify both insurance carriers, your mother-in-law's and your own. Your mother-in-law's carrier should be the primary carrier. The issue of negligence will be sorted out by the insurance companies or a jury, if the case gets that far.

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: how do you file a claim against an attorney who loses a case on purpose?

unmanageable, unprepared and plain right bad

John M DeProspo
John M DeProspo
answered on May 6, 2015

More information would be needed. What type of case? The lawyer lost the case on purpose? I don't think I've ever heard such a thing. You would need to contact a legal malpractice lawyer who can tell you if you have a good case.

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: can family home be seized to satisfy a medical malpractice judgment in Pa
John M DeProspo
John M DeProspo
answered on May 6, 2015

More information would be needed to answer your question. Best to contact a medical malpractice lawyer in your area for a free consultation.

1 Answer | Asked in Car Accidents for Texas on
Q: Do I need a Lawyer?

I'm in San Antonio , Texas. My late sister was involved in, and is being sued for a car accident in May of 2010. She passed away September 2011. Now they are claiming that I am her representative. She never authorized this. She never named anyone to be in charge of her estate.

John M DeProspo
John M DeProspo
answered on May 6, 2015

Was an estate ever set up for your late sister? If she had insurance at the time of the accident, that insurance company will cover the claim. Turnover any legal papers to that insurance company.

1 Answer | Asked in Car Accidents for Georgia on
Q: Consortium. Is it a valid claim & can I file for it?

fiancé has been asked to settle. I was unaware I had any rights to this matter at all. They are requesting that I sign it also and I am not comfortable signing it.

John M DeProspo
John M DeProspo
answered on May 6, 2015

Unless the laws are very different in your state, a loss of consortium claim can only be made by a spouse, not a fiance. Why would you be asked to sign the release? What is her lawyer telling you?

1 Answer | Asked in Car Accidents for New York on
Q: Are all accidents, with no personal injury in nys, considered no fault
John M DeProspo
John M DeProspo
answered on May 6, 2015

No-fault basically only involves how medical bills and other benefits (lost wages, etc.) are paid. They are paid by your own insurance company regardless of how is at fault. You can still sue the negligent party for pain and suffering if your injuries are "serious" as defined by the... View More

1 Answer | Asked in Personal Injury for Colorado on
Q: How can I sue my adoptive family for pain and suffering?
John M DeProspo
John M DeProspo
answered on May 5, 2015

Much more information would be needed. Generally you can not sue your parents for bad parenting.

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