You likely have a claim for deprivation of your constitutional rights by way of cruel and unusual punishment and excessive force depending on the facts of your case. 42 U.S. Code Section 1983 is the most common mechanism for these claims against detention officers or detention facilities....Read more »
The answer is maybe, but it is complicated. There is not enough information to answer. It is important that you hire an attorney who is licensed in both Kentucky and Ohio due to the conflict of laws that arise in this situation. For example, Kentucky insurance policies typically includes PIP...Read more »
The laws of the state where the crash occurred will control, and in most circumstances a court action would be initiated in that jurisdiction. An injury claim should first be filed with the at-fault party or parties insurance carriers. Multi-car crashes can be complicated. Do not speak with any...Read more »
I agree with the other answers. There are so many reasons a jury could apportion fault upon a pedestrian. Some examples that come to mind would include jay-walking, darting, or entering the road while staring at a cell phone.
The answer is more complicated than it may seem. If you accident is in KY, and you have not rejected the provisions of Kentucky's Motor Vehicle Reparations Act ("MVRA"), then you usually have two years from the crash or two years from the date of the last PIP payment under the MVRA....Read more »
Have an attorney to review the waiver. I suspect the waiver recites the inherent danger of riding a motorcycle, etc. But it could be argued that you did not waive any claim for the negligence of the rental agency. If you can prove that the brakes did in fact fail, and that the failure was the...Read more »
I was at a red light, a driver ran the light, hit another car, which hit me. My car was totaled. The driver of the original car is uninsured and had a suspended license. My license was suspended at the time. Will my Uninsured Motorist Coverage still cover the accident?
Your policy contract may address a suspended license scenario, and it may or may not be enforceable under these facts. You should speak with and consider hiring an attorney before making any statements.
It would appear that you may be covered under your dad's uninsured motorist ("UM") bodily injury coverage - assuming he had UM coverage on his policy at the time of the crash. It will depend on the policy language which may contain certain exclusions. You will also likely be...Read more »
The lady who hit my car was being chased by her boyfriend. The police office said they will have to settle there case aginst him befour i can do anything about my car. He said i might have to go thru the boyfriends insurance even tho he didnt hit my car. I dont know where to go from here. That was... Read more »
File the claim with your own insurance company. Assuming you have the available coverages, your insurance company can repair your car and provide you with a rental so you can get to work and take your children to school. Provide your insurance company with a copy of the police report and they...Read more »
Sure he could sue, but the real question is whether or not he can win. It is difficult to answer that question based on the limited information you have provided. Your friend would have the burden of proving that you were somehow negligent and that your negligence was the cause of his injuries.
Himself like he would be on it. 10 months has passed I've never met him. I have no idea what's going on with the case. When I call a paralegal answers. I feel something isn't right. I've waited 15 days for a return call just to be the paralegal again.
The short answer is yes. You should be free to choose your attorney. Consult your fee agreement to see if it contains any terms addressing termination of the contract. Is some situations, the attorney may assert an interest in any future recovery for the case under the theory of "quantum...Read more »
Contingency fees are very common in personal injury cases, and can range anywhere from 25%-40% of total funds collected depending on a variety of factors. A higher percentage may be justified for a more complex case or a case where fault is questionable.
I was riding a motorcycle in my lane not speeding. Car going slow in right lane changed into my lane and didn't signal. I hit the rear passenger door of vehicle. Totalled my motorcycle and was hospitalized..
You will need to plead not guilty and dispute your case to avoid both a criminal conviction and to preserve your civil claims for property damage to your motorcycle, medical bills, and pain and suffering. Hire an attorney who can help fight the charge in court.
If you decided to file a lawsuit, it would need to be against the renter who assaulted you as the bad actor and as the named defendant. Her insurance policy may or may not cover this type of incident - it depends on the policy language. An assault is usually an intentional act, and most...Read more »
She was also injured. No females were around her.. I was informed that one female and one male are supposed to approach a woman who they think is shoplifting, is this true? Also, do loss prevention people have to have badges when approaching someone?
The answer is more complicated than you may think. The key question is whether loss prevention had probable cause to believe that a person has shoplifted. They may then detain that person in reasonable manner for a reasonable amount of time to make a reasonable investigation. See Kentucky Revised...Read more »
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