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Questions Answered by Terrence Rubino
1 Answer | Asked in Uncategorized for Indiana on
Q: When someone jumps off a river boat; are they guilty of some type of endangerment?
Terrence Rubino
Terrence Rubino
answered on Jul 14, 2011

there aren't enough facts to give you a precise answer. although the person may be guilty of stupidity depending on the circumstances it doesn't sound like a criminal offense. of course there might be public intoxication, disturbing the peace, etc depending on what was involved. hope this helps.

1 Answer | Asked in Estate Planning for North Carolina on
Q: Is a will written in FL legal in NC?
Terrence Rubino
Terrence Rubino
answered on Jul 14, 2011

first, you need to call a north carolina lawyer to confirm an answer to this. most phone calls are free. however, generally if a simple will was valid in the state it was executed then it should be valid in another state that you move to. however there may be exceptions such as relating to... View More

1 Answer | Asked in Personal Injury for Puerto Rico on
Q: When you settle a case in Puerto Rico, how long does the other part has to pay the settlement?
Terrence Rubino
Terrence Rubino
answered on Jul 11, 2011

personal injury settlements, whether puerto rico, illinois or indiana, vary on the time it takes to collect the settlement proceeds. if there is a minor involved or a wrongful death estate, there has to be court approval. if there are medical liens or medicare liens for medical bills that were paid... View More

1 Answer | Asked in Personal Injury for New Hampshire on
Q: Can you define strict liability for me, as it pertains to the details below?

A person enters a piece of land with the purpose of hunting coyotes for the landowner. The person climbs a tree stand which is already in place. The treestand allegedly collapes before the person is able to attach his safety harness. It is thusfar unclear if in fact the person had a safety... View More

Terrence Rubino
Terrence Rubino
answered on Jul 11, 2011

"strict liability" is a term that is used for products liability. it sounds as though the hunter is claiming that the tree stand was a product and was defective. this is a different concept from alleging that someone was negligent ( did not use reasonable care) and that caused the injury.... View More

1 Answer | Asked in Personal Injury for Oklahoma on
Q: Injury Law Question

I have had two back surgeries, filed for disability and have been denied and had a lawyer on my court date and they found me to be unfavorable. because according to the letter from disability of my doctor in which I have not seen in a year had stated i could lift 5 to 15 lbs, and my lawyer had me... View More

Terrence Rubino
Terrence Rubino
answered on Jul 11, 2011

it sounds as though you have a herniated disc or some extruded disc material compressing on your spinal court in your low back. you need to consult with an orthopedic or neuro-surgeon. your primary treater can probably refer you to one or to physical therapy. pain managment may not be the answer... View More

1 Answer | Asked in Personal Injury for Connecticut on
Q: Is a ct lawyer allowed to charge service fees on top of his 33 1/3 % he receives off of a settlement? Fees that actually
Terrence Rubino
Terrence Rubino
answered on Jul 11, 2011

i can only speak to the jurisdictions that i am familiar, indiana and illinois. contingent fee agreements are required to be in writing and your agreement should spell it out. i don't know what is meant by a service fee but typically the fee is 1/3, 40% if a trial plus out of pocket expenses... View More

1 Answer | Asked in Personal Injury for New Jersey on
Q: My claim was filed against a national food chain 2 years ago and filed in federal court in nj. Both of eyes were injured

Multiple surgeries were performed. I was wondering how low will it take for jury, or settlement offer?

Terrence Rubino
Terrence Rubino
answered on Jul 11, 2011

federal court can be a great place to be or a difficult one depending on the particular judge. generally, at least in indiana and chicago, federal courts tend to run quicker that the state courts. your lawyer can best advise you but you are probably looking at a 1 1/2 - 2 1/2 yr process. good luck.

1 Answer | Asked in Personal Injury for Louisiana on
Q: Did my atty drop the ball on my case? wrongful termination/personal inj. case. summary judgement enterd by defendant

Was denied. shortly after was overturned for lack of evidence. evidence includes affidavits, med records. witnesses, etc... employer was deemed at fault for injury in district court prior. What do i do now? this case has been going on for 9 yrs

Terrence Rubino
Terrence Rubino
answered on Jul 11, 2011

i understand you to say that the defendant's motion for summary judgment was denied. then after it was denied it sounds like a court of appeals reversed the denial and entered summary judgment. i sounds as though your attorney worked hard for you and was successful in getting the denial --... View More

2 Answers | Asked in Personal Injury for Georgia on
Q: I fell and injured myself at work due to the neg. of my employer; she did not have w.c. ins, can I sue her?
Terrence Rubino
Terrence Rubino
answered on Jul 11, 2011

you need to consult a georgia workers comp lawyer. i am licensed in indiana and illinois. typically, the employer not having workers comp insurance does not subject them to a negligence suit but a workers comp claim for which there is a penalizer. for ex, in indiana, the employer would be liable... View More

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2 Answers | Asked in Personal Injury for Georgia on
Q: I HAVE NOT HEARD FROM MY LAWYER IN OVER 5 MONTHS I DID EVERYTHING WHAT DO I DO?
Terrence Rubino
Terrence Rubino
answered on Jul 11, 2011

injury cases are complex and generally more of a marathon than a sprint. however they require communication between all members of the team. you should simply call the lawyer and update him on your status and ask him for an update. we invite our clients to communicate. we usually assemble a team... View More

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1 Answer | Asked in Wrongful Death for Florida on
Q: Could a wrongful death case be filed against Casey Anthony? If so, who would be eligible to file the suit?
Terrence Rubino
Terrence Rubino
answered on Jul 11, 2011

Assuming florida wrongful death law is similar to indiana and illinois, it would be the parent of the child that has the wrongful death action against the perpetrator. similar to the OJ case when the parents of ron goldman sued OJ and won a large verdict. i dont know all of the background but... View More

1 Answer | Asked in Construction Law for Illinois on
Q: Lien against property!

My question is about filing a lien against property. I was hire by general contractor which I singed a contract to perform constriction work on someone’s property (house). The work was completed however I never got pay. There was a check written for material but the check returned for... View More

Terrence Rubino
Terrence Rubino
answered on Jul 6, 2011

you needed to timely file a mechanic's lien against the property. i would need to look up the time limitation to know for sure but think in illinois it is 120 days from your last work done at the property. if you are within or close to that time frame you need to contact a lawyer. if you are... View More

1 Answer | Asked in Foreclosure for Illinois on
Q: If I receive a foreclosure notice in the state of Illinois, am I obligated to pay the balance of the loan or other leins
Terrence Rubino
Terrence Rubino
answered on Jul 6, 2011

when you bought the house, you signed a promissory note to the lender for the amount you borrowed. the mortgage is simply a lien on the property to secure payment of the promissory note. you are indebted to the lender for the full amount still owed and will eventually have a judgment rendered... View More

2 Answers | Asked in Estate Planning for Illinois on
Q: Do I need a lawyer to change my moms will or can i print one off the internet and fill in?Where do I look it up at?
Terrence Rubino
Terrence Rubino
answered on Jul 6, 2011

for a will to be valid it has to meet certain requirements such as having 2 disinterested witnesses plus there might be stapling issues. depending on the circumstances there may be an issue with your mom's testamentary competence. it is better to be save than sorry - get a lawyer to do it.... View More

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1 Answer | Asked in Employment Law for Illinois on
Q: I had an accident less than 100 dollars and was drug tested. Another employee next day caused $1000s worth of damage and

Thare was no test for him. I am a black women he is white. I was drivinh a straight truck, he was driving a forklift.

I broke a mirror, he broke the water pipe in tje warehouse?

Can you help?

Terrence Rubino
Terrence Rubino
answered on Jul 6, 2011

it may not be an issue of race. since you drive a truck, you may be subject to the federal motor carrier rules and regs. in particular sec382.303 provides for post accident testing if there was a ticket issued and there was injury or one of the vehicles had to be towed. if it was racially motivated... View More

2 Answers | Asked in Personal Injury for Washington on
Q: I was walking in the parking lot and got hit by a car, can I sue the car manufacturer?
Terrence Rubino
Terrence Rubino
answered on Jul 6, 2011

basically you can sue anyone you want but to sue and be successful is another thing. in your situation it depends on the facts of what happened. many years ago there was a defect in the ford park system and occassionally the gear would shift out of park into reverse. we had a clientin indiana that... View More

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1 Answer | Asked in Personal Injury for Maine on
Q: Why would someone choose not to have a jury in a civil case?
Terrence Rubino
Terrence Rubino
answered on Jul 6, 2011

our team of lawyers do alot of jury trials in northwest indiana and some in illinois involving personal injury and wrongful death cases. juries can be a very good thing or a very bad thing for the person suing. typically if the injury claimed is relatively minor and the defendant's act causing... View More

1 Answer | Asked in Personal Injury for Nebraska on
Q: I fell on a very icy walmart parking lot in Nebraska - tore miniscus. been getting runaround. need surgery
Terrence Rubino
Terrence Rubino
answered on Jul 6, 2011

you need to consult with a lawyer in nebraska who does personal injury cases. walmart can be very difficult to deal with. there is a website dedicated to cases against walmart, the results and the treatment by walmart. you can google it and find it. mike polen and myself had a fairly recent jury... View More

2 Answers | Asked in Personal Injury for Florida on
Q: A neighbor shoots a firearm on his lot and his bullet injures someone over in their own yard, what is the crime in FL?

Shooter (and friends) firing multiple high caliber weapons at targets on makeshift backstop on his residentially zoned lot. High density subdivisions surround it. Numerous sheriff reports taken, including re: ricochet bullets almost hitting other neighbors on surrounding lots when shooting is... View More

Terrence Rubino
Terrence Rubino
answered on Jul 6, 2011

consult a civil florida lawyer for the purpose of getting a civil injunction. if it was here in indiana or illinois, there would be a good chance of succeeding. further your florida lawyer might consider a civil suit for negligent and intentional infliction of emotional distress.

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