Or if the doctor attempted to cover up his mistake and it was not found until later date would that date be considered the start of the time for limitations?
answered on Apr 25, 2023
As a general rule, the two year statute of limitations starts to run from the first day that the injured person could have reasonably discovered that the negligence occurred. If the doctor covered up his negligence, then there is likely a strong argument that the two years does not start to run... Read more »
answered on Apr 9, 2023
Their insurance should have to cover if the home owner (or renter) caused some kind of dangerous condition to cause your fall. If the fall was your fault and there was nothing wrong with the stairs, then you would likely not have a cause of action that would make their insurance liable. Best to... Read more »
with only his lights on and no sirens on— who is at fault for property damages and medical bills? The accident was undeniably his fault, but I did receive a must appear citation for driving while suspended- habitual violator.
answered on Mar 1, 2023
If the police officer is more than 50% at fault for the collision, then the city he works for will be liable for that percentage of all your damages. Your damages will include medical expenses, lost wages, and pain and suffering damages. The city most likely has some form of insurance to cover this... Read more »
Is it best to surrender the car or do a reaffirm agreement?
answered on Oct 8, 2022
You would have the option to 1) surrender and owe nothing further, 2) keep making the monthly payments but not reaffirm, or 3) to keep making the monthly payments and reaffirm. You would likely only want to reaffirm under limited circumstances - mainly only if the vehicle was worth a good bit more... Read more »
answered on Jul 12, 2022
As a general rule, yes, the insurance company for the car will cover the negligent acts of the driver (even if that driver is uninsured otherwise). The only exception might be if the vehicle was taken without permission, or if the driver was known to be such a poor driver that the owner should have... Read more »
What happens if I stop paying them. Will they take my SSI
answered on Feb 2, 2022
No creditor is allowed to intercept or take your SSI income - so long as the money is not mingled with other monies in a bank account. If you earn some part-time wages and add those into an account that also has your SSI, then your SSI may in danger of being garnished at the bank (frozen and... Read more »
I am retired from a ice machine Co. I was told by a former colleague that someone in dispatch was telling customers that requested me to work on their equipment that I was fired. I had not received any termination letter. I had received a retirement card signed by fellow workers and a gift card.... Read more »
answered on Aug 30, 2021
Probably more facts are needed before a good answer can be given. How many times has this been said to customers? Are they saying anything more specific about you, and being fired? What else are they saying about you? Has this affected your good name in the community where you live? Has it... Read more »
Went to hospital for knee and hip pain.
answered on Apr 1, 2021
Yes, you should contact an attorney. You are eligible for damages for lost income, medical bills, and pain and suffering. Your ability to get a fair result with an attorney is significantly higher and should be sought out. There are likely numerous facts about the situation that an attorney can... Read more »
answered on Feb 17, 2021
Not clear exactly what happened here. Most all filings are online now, so there is no delay in filing. If you physically dropped off paperwork with the clerk and they did not file timely, that could be a real problem. Currently because of Covid-19 most statutes of limitations are suspended, so... Read more »
Also got cited for no interlock device in the vehicle.... he was driving someone else's vehicle.
It was an uncontrolled/open intersection.. I got cited for fail to yield the right of way... what are my options.....can't I fight this
Can I sue him or the owner of the... Read more »
answered on Nov 26, 2020
Unfortunately, he would not be liable automatically, but those facts would contribute to having a jury determine that he was, in fact, at fault. Ultimately, it would be up to a jury to place a percentage of fault on each of the drivers. They could determine that the other driver was 90% at fault,... Read more »
answered on Oct 16, 2020
Passenger has a clearer claim for damages than a driver - and should be compensated fully for damages. There is potential for recovery from both the driver and the other driver (2 sources) - depending on the facts of the accident
I have police report stating that he was at fault he even admitted it was his fault we both had the same story about what happened and he was parked on side of street we’re he was not suppose to be parking.well after police report was made he suddenly came up with a witness coming up with a... Read more »
answered on Oct 13, 2020
It's not clear if this is an injury situation or just property damage, and the severity in either case. There is a two year statute of limitations in either case. If just property damage, and not much dollar damage, then small claims court might be the way to go (if < $4k). If an injury... Read more »
answered on Jul 19, 2020
You may be limited in claiming pain and suffering damages if you were uninsured, but there are a number of exceptions. Even in a worse case scenario, you can still claim medical expenses (past and future) as well as lost wages (past and future).
I was at drop off for my daughter, my ex-wife's boyfriend came (first time he has been there) and punched me in my nose, fracturing it and requiring surgery. We filed charges on each other because he stated I started the fight (Which is untrue), he took a plea deal, and I had my case... Read more »
answered on Jan 22, 2020
You can recover up to $4,000.00 in small claims court to cover your expenses incurred from his actions. you can go online to the county courthouse where this happened and there are forms you can complete to get a case filed and him notified of a hearing. Getting additional recoveries (pain and... Read more »
His PIP paid $4,000 in medical payments related to his personal injury
answered on Nov 7, 2019
It will likely depend if your son was the owner of the vehicle that was insured and if the policy was his policy. If he was a covered person under his parent's policy, then there is some case law to indicate the med payments do not have to be repaid. If he was the actual insured of a vehicle... Read more »
The person that caused the wreck delivered to pizzas for Pizza hut but didn't have insurance. Could the insurance from the other vehicle be responsible or pizza hut be responsible since the should be sure the have insured drivers while on duty
answered on Nov 2, 2019
You may have several ways to get a recovery for your injuries. First, yes, Pizza Hut will likely have some liability if their driver was uninsured. Second, if the other vehicle had any fault for causing the accident you may be able to make recovery there. Third, if you owned a vehicle with... Read more »
answered on Jul 19, 2019
A bankruptcy filing would stop the need for a hearing in aid of execution. The bankruptcy attorney would be able to notify the other side of the filing, and keep any further action from occurring whether that be garnishment, attachment, etc.
it toatled my vechicle,and my questions are what should i do about medical problems, for the future. and im without a vechicle until who knows when and, i live 40 miles away from family, and my one son has medical problems, so does her insurance company have to get me a rental, until things are... Read more »
answered on Feb 24, 2019
Best to go through your own insurance first for property damage, if you have the coverage. If not, the other side's insurance may or may not move very quickly to get you taken care of, and may or may not get you a rental. How clear the liability by the other driver will play some part in how... Read more »
answered on Oct 19, 2018
A 401(k) and a 401(k) loan are really not affected by a ch 7 bankruptcy. The funds are exempt and not subject to being lost to the bankruptcy court, and the loan is secured and not really affected by the bankruptcy either, as any failure to pay would still allow the retirement funds to be offset... Read more »
Was helping landowner rid the property of any & all remaining metals (I.E. copper wire/aluminum sheets/anything of value.) in hopes of at least cutting down on the # of people trespassing
answered on Sep 30, 2018
The landowner and/or the tenant of the property would likely have some liability if there was an electrocution risk on the property. Talking to an attorney sooner than later would be recommended. The value of any claim is connected to a number of factors including the nature and extent of the... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.