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District of Columbia Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Car Accidents for District of Columbia on
Q: My back got injured in a car accident when the other driver rear-ended me. I just want my medical bills paid but now

they are saying I need to provide documentation of a prior, unrelated medical appointment that related to my back. Do I really have to send in this documentation?

Mark Oakley
Mark Oakley
answered on Nov 12, 2018

I’m guessing the medical records showed you had a pre-existing back problem, for which you received relatively recent treatment. It is reasonable for an insurance company to review whether your post-accident treatment was all causally related to the accident, as opposed to continuation of... View More

2 Answers | Asked in Personal Injury for District of Columbia on
Q: If I am injured by an employee who ran over my foot with a golf cart on a golf course can I sue the golf course company?

I doubt the employee has the money to pay for my medical bills.

John Mesirow
PREMIUM
John Mesirow
answered on Oct 29, 2018

Possibly, but you would need to provide A LOT more information to an attorney to get a definitive answer. You should call a personal injury attorney as soon as possible because if certain things are not done in the near term - photographs of injuries/property damage, obtaining witness statements,... View More

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1 Answer | Asked in Personal Injury for District of Columbia on
Q: Is there a bike helmet rule in DC? I hit a person, but they weren't wearing a helmet.
Mark Oakley
Mark Oakley
answered on Oct 20, 2018

Not wearing a helmet will not absolve a person from liability for their negligence for hitting that person, nor will it be allowed to be used as an argument to limit the biker’s injuries and right to recover. Same rule applies to not wearing a seat belt. As a safety requirement, the legislative... View More

3 Answers | Asked in Personal Injury for District of Columbia on
Q: Is a cyclist totally at fault if they didn't stop at a stop sign so when I went through I hit him?
John Mesirow
PREMIUM
John Mesirow
answered on Oct 19, 2018

I am a cyclist, so this "hits" close to home. The law in DC changed a couple years ago. In the "bad" old days, if a cyclist contributed to the accident, he/she could not recover due to a doctrine called contributory negligence. Now, fortunately, the law has changed as set forth... View More

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3 Answers | Asked in Personal Injury and Civil Litigation for District of Columbia on
Q: I was hit in the District, but live in Virginia -- which laws apply?
Mark Oakley
Mark Oakley
answered on Oct 20, 2018

You want to sue in DC because the law of the place where the accident occurred governs your legal rights and the claim, plus DC courts have subpoena jurisdiction up to 25 miles outside its borders to compel witnesses and obtain necessary documents if needed. The defendant cannot object to being... View More

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Q: Can US citizens file a civil suit against a former senior member of the U.S. Government for negligence?

If so, is their case law?

Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2018

Anyone can sue for anything but a case that 1) is for a generalized harm 2) for a non-specific injury (e.g. he acted to limit our 2nd amendment rights) 3)is tolled by the statute of limitations 4) where the Federal Tort Claims Act was not complied with 5)or that concerns discretionary duties will... View More

2 Answers | Asked in Car Accidents and Personal Injury for District of Columbia on
Q: In a minor car accident 6/14/17 in D.C. Other person is filing a lawsuit, letter from lawyer dated 7/24/17. Can she?

The car accident was minor and occurred in Washington D.C. I lived in VA at the time and the other person lived in MD. This happened 6/30/14 but the letter from her lawyer is dated 7/24/17. Is this not outside the statute of limitations? And since D.C. is a no fault district, does this apply at all?

Michael R. Charbonneau
Michael R. Charbonneau
answered on Jul 27, 2017

Assuming that D.C. has the same statute of limitations as Washington (3 years) it would appear that it is outside the SOL. But most jurisdictions have rules that allow someone to file suit within the statute and have a grace period to find and serve the other party. From what you've... View More

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2 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Landlord - Tenant for District of Columbia on
Q: What type of offense is it?

My Building manager threatened me in the receptionist's presence, "You don't pay rent. I will get you kicked out. I will call the cops on you." He was not aware that I had cleared my dues except for $1000.

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2017

As far as calling the cops it's probably a misdemeanor. Otherwise "I will get you kicked out" is ....bad management. You can complain to the owners but they may not care.

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2 Answers | Asked in Car Accidents, Criminal Law and Personal Injury for District of Columbia on
Q: What are the responsibilities in D.C. of rescue, police, and other parties at a 2-car hit-and-run car crash scene?

Details: The reg'd owner of a car whose occupant(s) fled, and which caused a hit-and-run (1 death, 3 injuries) on a divided highway turns up at the scene after the crash. He says his (now disabled) car was stolen. He has it towed away. Later, his car turns out to be registered to a nonexistent... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 16, 2017

You would need proof of who the driver was. Perhaps a private investigator can help you find this out and whether the owner has any relationship to those persons. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

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1 Answer | Asked in Personal Injury, Medical Malpractice and Products Liability for District of Columbia on
Q: My daughter suffered a severe stroke after having a lupron injection. Have there been other victims?

She suffered the stroke on 12-3-16

Peter N. Munsing
Peter N. Munsing
answered on Dec 30, 2016

Yes. Go to LupronHub.com As to whether there is a case, a lot depends on her underlying clinical condition etc.

For instance there were problems with strokes and certain oral contraceptives, but because people can have strokes at any age it was a question of statistics and other issues...
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1 Answer | Asked in Personal Injury and Car Accidents for District of Columbia on
Q: Stigma Damages

Greetings

I was involved in an accident on December 20th 2015, and there were over $7000.00 worth of damages’ done to my car. I was told by the other driver’s (who was at fault) insurance company that there is no law in DC that will require them to pay the depreciation value claim I... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 7, 2016

Check with your policy. If it has it use that and let them go after the driver.Depreciation is a new concept related to the availability of Carfax. Generally, you don't get depreciation. You can check with the insurance commissioner for DC or wherever it happened.Usually you only get the book... View More

1 Answer | Asked in Personal Injury for District of Columbia on
Q: I reside in D.C. Does my personal injury claim have to be settled before the statute of limitations expires?
Charles Snyderman
Charles Snyderman
answered on Nov 12, 2013

A case doesn't always settle. If it is not settled, a lawsuit will have to be filed before the statute of limitations runs. You will then eventually have a trial, unless the case settles after the lawsuit is filed. Sometimes, cases aren't settled until after the trial begins.

1 Answer | Asked in Personal Injury for District of Columbia on
Q: What is slip and fall action?
David Benowitz
David Benowitz
answered on Apr 12, 2011

A slip and fall action is a type of personal injury lawsuit commonly filed by customers who has been injured after slipping and falling on a business owner’s property. Owners or possessors of land have a duty to keep the property safe to prevent harm to those who enter the land lawfully.... View More

2 Answers | Asked in Personal Injury for District of Columbia on
Q: What is contributory negligence?
David Benowitz
David Benowitz
answered on Apr 12, 2011

Contributory negligence is a defense to negligence where by a defendant alleges that the plaintiff’s actions created an unreasonable risk to his or her own safety. When a plaintiff acts unreasonably to contribute to his or her injury, that plaintiff may be found wholly or partially responsible... View More

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4 Answers | Asked in Personal Injury for District of Columbia on
Q: What is comparative negligence?
David Benowitz
David Benowitz
answered on Apr 5, 2011

Traditionally, a finding that a plaintiff’s negligence contributed in any way to his injury completely barred any recovery of damages. Over time, states began to view this approach to contributory negligence as excessively harsh and unfair to plaintiffs and adopted the “comparative... View More

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1 Answer | Asked in Personal Injury for District of Columbia on
Q: What is personal injury?
David Benowitz
David Benowitz
answered on Mar 23, 2011

A personal injury is an injury to a person that may also include damage to that person’s property. A personal injury lawsuit alleges that another person’s negligent or harmful conduct caused the plaintiff's injury and damages. This injury can be physical, but may also include psychological... View More

1 Answer | Asked in Personal Injury for District of Columbia on
Q: What is "negligence per se"?
David Benowitz
David Benowitz
answered on Mar 15, 2011

Negligence per se is when the person’s action itself is negligent or in violation of the law. It also includes negligence resulting from a person’s violation of a statute designed to protect the public from a specific type of harm. For example, a driving statute may define exceeding the posted... View More

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