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Personal Injury Questions & Answers
Q: What type of lawyer do I need to fight against a company I was fired from for an allergic reaction to their chems?

Dirty Dough has open case in "cookie wars" case, and I have been working with OSHA, eeoc and labor commissions on this and was encouraged to obtain counsel ASAP.

T. Augustus Claus
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answered on Sep 28, 2023

For a case involving wrongful termination due to an allergic reaction to workplace chemicals, you would typically seek an employment lawyer with experience in wrongful termination and workplace discrimination cases.

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: My tooth went back in my gums during invisalign process and dentist has been lying to me about fixing it. Should I sue?

I’ve been contacting my dentist to fix my tooth that is still currently moving and going back in my gums. It’s been months and they keep lying saying they will call me back just to keep me waiting. It’s been a year now ever since I started my invisalign. My gums are now swollen in that area... View More

James L. Arrasmith
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answered on Sep 28, 2023

Under California law, if you've experienced harm as a result of dental treatment, such as a tooth issue worsening and gum problems, it may be worth consulting with a dental malpractice attorney to evaluate your case. They can assess the facts, gather evidence, and determine if there's a... View More

1 Answer | Asked in Car Accidents and Personal Injury for California on
Q: My kid was injured in a rental car as the seat belts failed due to them not working. They only want to pay the ER bill.

I asked this question prior and gave details. But I would like to elaborate more. When driving a vehicle next to me lost control of their vehicle and I slammed my breaks so no collision happened. The 2 passenger seat belts did not work and one child slammed into the seat and the car seat my other... View More

James L. Arrasmith
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answered on Sep 28, 2023

In this situation, you may want to explore the possibility of pursuing a personal injury claim against the rental company for negligence in maintaining the seat belts. While the company's initial offer may only cover the ER bill, you may be entitled to additional compensation for your... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Texas on
Q: I fell in a gambling establishment broke my arm requiring surgery can't the business or owner of building be liable unde

Under their insurance to help with medical expenses and pain suffering.

John Michael Frick
John Michael Frick
answered on Sep 28, 2023

If the negligence of the business or premises owner proximately caused your injuries (for example, by failing to correct or warn about a concealed unreasonably dangerous condition), they may be legally responsible for your damages.

You should consult a personal injury attorney in or near...
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2 Answers | Asked in Personal Injury and Civil Litigation for Texas on
Q: I fell in a gambling establishment broke my arm requiring surgery can't the business or owner of building be liable unde

Under their insurance to help with medical expenses and pain suffering.

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

They can be, depending on the circumstances. As my colleague advises, try to arrange a consult with an attorney. Attorneys offer free initial consults for such accidents. In terms of medical bills, that's one of the things that an attorney could outline for you. There are different ways to... View More

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1 Answer | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: In a Worker’s Comp case involving a workplace injury resulting in 2 fingertips being amputated

And with an eval indicating a 27% impairment..what would be a reasonable settlement amount? Is there a fee schedule or other index that I can reference?

T. Andrew Miller
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answered on Sep 28, 2023

There are multiple factors that influence settlement value of a Worker’s Compensation claim. It’s best to speak with a reputable Worker’s Compensation attorney in order to get the best deal and have peace of mind about your decision. Even if it is 27% impairment to the hand, there are a lot... View More

3 Answers | Asked in Personal Injury and Education Law for New York on
Q: In NYS state, should we sign a liability waiver that includes waiver of willful/gross negligence

Our child’s school is requiring us to sign a liability waiver that includes willful and/gross negligence to attend a mandatory, all-day retreat. He is not allowed to graduate without it and we’ve been told we are not allowed to alter the language of the release.

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

I'm sorry you were placed into this position. In general, such liability waivers are not looked kindly upon by courts, for reasons of public policy. In terms of your question of whether or not you should sign it, it's an individual decision. As a general premise, such agreements can be... View More

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1 Answer | Asked in Criminal Law and Personal Injury for Florida on
Q: Can you sue the government for taking too long to prosecute?

I went to the police in December 2021 for being a victim of a sex crime. The arrested him last year and we have yet to get a conviction, he has been in jail for over a year. The legal representative for the government is staying in contact but can we sue for the time that this is taking?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 28, 2023

No. Penalties imposed for criminal acts are meant to benefit the public, not private parties such as you. Similarly, if the perpetrator had been promptly prosecuted and acquitted, you would not have had standing to appeal. Your remedy would have been a civil case, if you could have proven money... View More

1 Answer | Asked in Car Accidents, Personal Injury, Municipal Law and Gov & Administrative Law for Michigan on
Q: I live on a very busy road and requested to have a circle driveway. I want to drive out head first, we were denied.

My car was totaled in front of my home due to speeders. Two lane road and turn lane. Speed limit 35 most do 55. We were denied a circle driveway because our in and out driveway would not be 100: feet apart. I feel like it is a life and death, safety issue. Road commisssion says too bad and denied... View More

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

A Michigan attorney could advise best, but your question remains open for a week. One option may be to look into other agencies - whether on a state or other level. It's possible the process could need the support of someone with expertise in traffic engineering and possibly civil... View More

3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: My kid was injured in a rental car as the seat belts failed due to them not working. They only want to pay the ER bill.

After driving about 2 hours from the rental place an accident happened right in front of us. I had to slam on the breaks and my kid came out of the seat and slammed into the seat in front of him. My daughters car seat moved but she did not sustain any injuries. My kid went to the er with neck pain... View More

Robert P. Taylor
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answered on Sep 27, 2023

There's no rush to settle this case because your child can sue until they're 18. So if there's a chance they may have suffered some permanent injury, you don't want to settle the case before that's discovered. Chances are they're fine and that's the most important... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: My kid was injured in a rental car as the seat belts failed due to them not working. They only want to pay the ER bill.

After driving about 2 hours from the rental place an accident happened right in front of us. I had to slam on the breaks and my kid came out of the seat and slammed into the seat in front of him. My daughters car seat moved but she did not sustain any injuries. My kid went to the er with neck pain... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Sep 28, 2023

The rental agency does not have a duty to inspect seat belts. The reason you can't find an attorney is because your claim for a defective seat belt would be against the manufacture of the seat belt and the vehicle. As you can imagine... that would be very expensive to prosecute. The cost for... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: My kid was injured in a rental car as the seat belts failed due to them not working. They only want to pay the ER bill.

After driving about 2 hours from the rental place an accident happened right in front of us. I had to slam on the breaks and my kid came out of the seat and slammed into the seat in front of him. My daughters car seat moved but she did not sustain any injuries. My kid went to the er with neck pain... View More

James L. Arrasmith
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answered on Sep 28, 2023

In California, you have the right to negotiate with the rental car company to seek fair compensation for your child's injuries and related damages. It's advisable to document all medical expenses, missed school days, and any other expenses incurred due to the incident. If the rental car... View More

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4 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for California on
Q: Based on the key events I outline below, would you believe there's potential for a lawsuit against the city?

I recently faced an incident leading to vandalism charges against me. In brief:

The incident was initiated by genuine concerns for a friend's safety.

There was a mistaken act on my part, resulting in property damage.

Subsequent to this, I was violently assaulted by... View More

James L. Arrasmith
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answered on Sep 28, 2023

Based on the information provided, there may be potential legal claims worth exploring, including challenging the vandalism charges and potentially pursuing a case for alleged misconduct and assault. However, the strength and viability of these claims would depend on various factors, including the... View More

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1 Answer | Asked in Contracts, Gov & Administrative Law, Personal Injury and Education Law for Texas on
Q: Field Trip permission slip that includes Indemnity Waiver and Release of liability

I received a field trip permission slip for my child to attend an On-Campus field trip. The school is a public school charter school in Houston, TX. The trip is for Houston Museum of Natural Science Dome to visit the school campus. I was a little taken back when I was asked to sign an Indemnity... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

A Texas attorney could advise best, but your question remains open for a week. Unfortunately, such agreements have become more commonplace. They can be binding (I'm not saying yours is or is not) - they usually have to meet certain protocols under state law. These are similar but not identical... View More

4 Answers | Asked in Personal Injury for California on
Q: Their actions caused me to be hospitalized. I was admitted to the hospital and the statue of limitation passed.

Can I sue them? I have all the documents to prove that I was in the hospital and incapable of leaving. I was also incapable of consenting to a lawyer. My family lives in abroad so they weren't able to do anything about it either.

James L. Arrasmith
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answered on Sep 28, 2023

In California, if you believe that you suffered harm due to someone's actions and the statute of limitations has passed, it may be challenging to pursue a legal claim. Statutes of limitations set time limits for filing lawsuits, and once those time limits expire, it can be difficult to bring a... View More

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1 Answer | Asked in Identity Theft, Criminal Law, Personal Injury and Medical Malpractice for New York on
Q: Please help!! How can i get my structed settlement money turn over to me?

I am 35 year old and i just found out my mother have been secretly using my settlement money since I was 7 year old. This settlement money was rewarded to me when I was a minor due to medical malpractice. My mother told me that I need to stay quiet about it and you still under guardianship. So I... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 26, 2023

If you had a medical malpractice case as a minor which settled, the proceeds would likely have been deposited in a bank account which would have been jointly held in trust by your guardian (your mother) and an officer of the bank. Significantly, any such monies should have been off-limits to your... View More

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: I had a accident in July I hired a lawyer went to doctor police report said that was in the wrong I found out about a mo

Mount later that my insurance company drop me I got a letter about 2 weeks after the accident that I didn't have coverage so the other company want pay my lawyer also drop me what can I do about my car and injury

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2023

A Texas attorney could advise best, but your question remains open for two weeks. You have two issues here, the coverage issue from losing the policy, and liability issue in the accident. If your attorney dropped you, your starting point could be to see if you could arrange a free initial consult... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Should we consider taking legal action against my wife's obstetrician?

We live in California. My wife gave birth a few weeks ago, and her doctor recommended an IUD, to which we agreed. However, a week or two after the IUD insertion, my wife experienced severe back pain, and it turned out that the IUD had migrated to her abdominal area. Now, she has to undergo another... View More

James L. Arrasmith
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answered on Sep 25, 2023

In California, if you believe that a medical professional has acted negligently resulting in harm, you may have grounds for a medical malpractice claim. Whether or not the doctor's recommendation and subsequent insertion of the IUD right after birth constitutes negligence would require a... View More

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2 Answers | Asked in Personal Injury for Alaska on
Q: In a personal liabilities and damages law suit are back tax records required to be given to defendant
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2023

An Alaska attorney could advise best, but your question remains open for three weeks. If you have an attorney, this is something they should really advise on. In general, the relevance of the request could depend on the nature of your claim. Are you claiming lost wages? Are you self-employed - if... View More

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2 Answers | Asked in Personal Injury for Alaska on
Q: In a personal liabilities and damages law suit are back tax records required to be given to defendant
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2023

Addendum - correction - A minute ago, I said that tax records should not be relevant if the basis of the claim is injury, disability, or pain and suffering. I apologize - if the claim is for disability, it is possible that tax records could be relevant, as evidence of a drop in income or revenues.... View More

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