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Questions Answered by Sally A. Roberts
2 Answers | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: Been on wcomp since Feb 9th with a neck injury finally had surgery 3 weeks ago still in alot of pain what are my options

See my surgeon on Aug 31 I have a very demanding labor and heavy lifting job what can I do if surgeon sendse back to work I had fusion surgery

Sally A. Roberts
Sally A. Roberts answered on Aug 16, 2016

Unless you can get an out of work note, then try for a light duty work restriction.

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2 Answers | Asked in Personal Injury and Probate for Texas on
Q: What are the chances of someone winning a emotional distress suit on a deceased persona estate?

My father and his neighbor did not get along. They went back and forth for years. At one point the neighbor claimed my dad yelled that the hells angels would come and kill them. This is funny because he was a Vietnam vet and did not know bikers like that. My father passed a couple months ago and... Read more »

Sally A. Roberts
Sally A. Roberts answered on Aug 16, 2016

It sounds like the estate is in Texas. You should contact estates/ probate attorney to have the probate properly done. This way you will get notice if a claim is filed. Highly unlkely anything would come of is. Certainly do not say anything about this on social media.

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2 Answers | Asked in Criminal Law, Family Law and Personal Injury for Ohio on
Q: Is it legal to get my password to my phone to access it

I am 34 and me amd my 3 boys live at my parents right now. My cell phone was left on the charger in my room while I was gone for a few days and my mom took it out of my room and hounded my oldest son for the password until he gave it up. I was wondering if that is legal to do.

Sally A. Roberts
Sally A. Roberts answered on Aug 16, 2016

I don't think the issue is whether is was "legal" - it is more a breach of personal boundaries and family relations. Sounds like there may be some simmering issues.

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2 Answers | Asked in Employment Law, Personal Injury, Insurance Defense and Business Law for Hawaii on
Q: Is licensure required to practice Biomechanics, particularly Forensic Biomechanics, in the state of Hawaii?
Sally A. Roberts
Sally A. Roberts answered on Aug 16, 2016

I am not understanding why a license would be required. In particular as to forensics, it is not question of whether a license is required but what his qualifications are and whether the court accepts him as an expert.

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2 Answers | Asked in Car Accidents for Ohio on
Q: Can I sue him?

I was at a stop sign after stopping and looking both ways I decided to go ahead with my left turn. As I was almost in my lane the car on the other lane with the right of way hit me. The damage was to the back near the trunk on the drivers side. He had no insurance or a license he was also speeding... Read more »

Sally A. Roberts
Sally A. Roberts answered on Aug 16, 2016

Consult with an Ohio personal injury lawyer ASAP. The attorney can track down the "crushed" car for evidence. You can make a claim under your uninsured policy.

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2 Answers | Asked in Criminal Law, Car Accidents and Collections for Texas on
Q: In jail for 2 weeks with no court date and havent seen his lawyer. How can the 6th amendment help my friend here?

My friend missed a court date for a misdemeanor because he was in jail in another town, after he finish time in that county they brought him to nolan for the charge of accident involving damage. Insurance paid the damages to the other driver and Lawyer has paper from the insurance as proof. He has... Read more »

Sally A. Roberts
Sally A. Roberts answered on Aug 16, 2016

These facts do not raise a claim of the 6th Amendment. He does need to work with his attorney- whether retained counsel or a public defender. What is not in your post is the actual crime he is charged

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4 Answers | Asked in Car Accidents for Pennsylvania on
Q: I was in a hit and run but only have liability coverage. Am I responsible for all of my repair costs?

I was in a hit and run accident. The other driver was at fault and kept going.

My insurance says since I only have liability and not collision, that I'm not covered for anything- since it's the other driver's fault, it's their responsibility.

Do I have any... Read more »

Sally A. Roberts
Sally A. Roberts answered on Aug 16, 2016

Step number - be sure to file a report with the police. Being hit by "phantom" vehicles are difficult without the "proof" of a police report. You might be able to go under your uninsured motorist plan.

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3 Answers | Asked in Car Accidents, Health Care Law and Personal Injury for Arizona on
Q: Can a hospital ask for reimbursement from a car accident settlement even if the health insurance company has paid?

If the health insurance company has paid off the hospital, can the hospital still ask for money from a car accident settlement in Arizona? I understand that health insurance companies work deals with hospitals to pay a lower price so with that being said, could the hospital still ask for more money... Read more »

Sally A. Roberts
Sally A. Roberts answered on Aug 16, 2016

The answer is it depends. If the hospital has been paid by the insurance company, meaning the health insurance plan of the injured person, the insurance will want to be reimbursed - not the hospital. A personal injury attorney should be dealing with this as liens and subrogation for reimbursement... Read more »

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1 Answer | Asked in Landlord - Tenant for Connecticut on
Q: Hello, I am a tenant in a single family home in Connecticut. The house has central air but has failed today.

The landlord is not going to fix it and told me it is "common for the a/c to fail on very hot days, as the ducts in the attic get too hot". ??? Do I have a right to withhold rent until the conditions are made habitable?

Sally A. Roberts
Sally A. Roberts answered on Aug 15, 2016

No, the failure of AC does not make the house uninhabitable.

2 Answers | Asked in Traffic Tickets, Car Accidents and Municipal Law for Ohio on
Q: I Got into a wreck my fault but it wasn't bad at all but I got a ticket for not having insurance & had to go court &they

Said I had 2 weeks to pay the ticket which is due 200& something and it's due I forgot all about it what will happen because I didn't pay it? Oh & Its my first offense in ohio

Sally A. Roberts
Sally A. Roberts answered on Aug 16, 2016

Go in to court to pay the ticket because if you don't you may end up arrested.

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2 Answers | Asked in Car Accidents, Consumer Law and Civil Rights for Minnesota on
Q: in minn. can a tow co. keep my personal property that is in my car until i pay the initial $588 fee i cant afford?

there are no illegal actions alleged in this event on my part. the state patrol found it necessary to have car towed "without regard for the owners expense" as state patrol proper procedure states. car was in ditch locked and unattended.i did not have a phone to call for help after i hit... Read more »

Sally A. Roberts
Sally A. Roberts answered on Aug 16, 2016

The storage fees will keep accumulating - and it adds up fast. Since you hit a deer, you insurance company might cover it under collision. Best to pay the money now so the storage fees don't continue to accrue.

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2 Answers | Asked in Car Accidents and DUI / DWI for Pennsylvania on
Q: would a claim of agitating a previous neck injury be considered serious bodily injury. It was a DUI accident?

I was charged my first DUI and received 6 months in jail and 18 to 36 months on the accident causing bodily injury or death. Just doesnt seem right. Can i do anything? I live in PA. The prosecutor was under the impression this was my 2nd DUI in which my pd corrected him.They did not adjust the jail... Read more »

Sally A. Roberts
Sally A. Roberts answered on Aug 16, 2016

You are not going to be able to change the sentence after you entered your plea. Before sentencing the judge would have questioned you under oath whether you understand the plea and was it voluntarily given.

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1 Answer | Asked in Uncategorized for Connecticut on
Q: Question about loss of personal property (RV)

Hi, What happens when there is loss to an item of personal property which cannot be replaced for the fair market value of the loss because it is not part of an exchange value item, but rather a unique item. For example, I had a 10 year old 16 foot RV and it was totaled. The fair market value is... Read more »

Sally A. Roberts
Sally A. Roberts answered on Aug 14, 2016

No, the most the insurance company would cover is the fair market value of the totaled RV.

1 Answer | Asked in Medical Malpractice for Connecticut on
Q: Can a licensed esthetician in the state of CT operate a Class 2 laser medical device such as an IPL

If a licensed esthetician DOES practice with a Class 2 medical device, are there any legal consequences that may come about?

Sally A. Roberts
Sally A. Roberts answered on Aug 14, 2016

Call the department of health - or search online for the department of health regulations.

1 Answer | Asked in Animal / Dog Law for Connecticut on
Q: Neighbor's cat moved in, neighbor wants the cat back. Cat doesn't want to go back.

Neighbor's cat stopped by my apartment a few months ago. We left the door open and she was free to come and go as she pleased. She stayed overnight multiple times. The neighbor asked for her back. We tried to get her to go but every time she left she would come back a few hours later. Even if... Read more »

Sally A. Roberts
Sally A. Roberts answered on Aug 14, 2016

:Legally the cat belongs to your neighbor. Best to not allow the cat to visit so the cat does not get used to staying at your place.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Connecticut on
Q: I have dogs and they are on the lease can my landlord force me to get rid of my dog for a one time incadent
Sally A. Roberts
Sally A. Roberts answered on Aug 14, 2016

What is the current language on the lease? It seems to me it is foreseeable that a tenant's dog might bite someone so it likely is covered in the language of the leas.

1 Answer | Asked in Animal / Dog Law for Connecticut on
Q: Service Dog stolen

Major

I am doing this to help my friend, a disabled vet whose service dog was stolen when he was very ill in the hospital. This is in Connecticut. We know where the dog is but she refuses to give him back. Can you help in any way? It's been over a year now since he was taken. We gave... Read more »

Sally A. Roberts
Sally A. Roberts answered on Aug 14, 2016

Have you filed a complaint with the police? It is stolen property and you want the property - service dog back. Filling charges with the police would put pressure on the person who stole the dog..

1 Answer | Asked in Medical Malpractice for Connecticut on
Q: Received a tubal ligation with out informed concent is this malpractice? I was brought a c section consent only

My mom inquired with the doctor with out my knowledge I'm 27 and want more kids. No consent form was ever read to me nor brought to me I thought I was only giving the consent for my c section. I never mentioned to anyone I wanted it and didn't go to the proper counciling

Sally A. Roberts
Sally A. Roberts answered on Aug 14, 2016

It might possibly be a medical malpractice on the theory of lack of informed consult. You should consult with a medical malpractice attorney who can gather the records and have an expert review them. Of particular importance will be the consent form - the actual language on the document you signed.

1 Answer | Asked in Constitutional Law for Connecticut on
Q: News report CITIZENS UNITED v. FEC declaring money to be speech. Is paying someone the same as speaking to them?

Is there a paragraph w/i CITIZENS UNITED v. FEC making the equivalence money=speech? A referenced previous case? Or is mass Media working us up?

Sally A. Roberts
Sally A. Roberts answered on Aug 14, 2016

Spending is speech, and is therefore protected by the Constitution — even if the speaker is a corporation.

1 Answer | Asked in Tax Law, Municipal Law and Real Estate Law for Connecticut on
Q: How do I file an appeal with the superior Court over my town's unfair assessment of my property?

The town has unfairly assessed my property; I filled out the petitiion to the board of assessment appeals as required to be given a hearing, was never given a hearing, and simply received a letter that the decision was made that my appeal would be denied. No hearing. The letter says I can appeal... Read more »

Sally A. Roberts
Sally A. Roberts answered on Aug 14, 2016

The time frame is jurisdictional and strictly construed. The appeals forms might be available online. I would consult an attorney in your town if you still have time so you can meet the deadline. The forms for administrative appeals are completely different that those for a civil action. For... Read more »

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