Personal Injury Questions & Answers

Q: I lost part of my finger working should i do workers comp or personal injury or both?

2 Answers | Asked in Personal Injury and Workers' Compensation for California on
Answered on May 27, 2017

Your exclusive remedy for such an injury at work is worker's compensation benefits. You should immediately contact an attorney with expertise handling worker's compensation matters for employees. Your medical expenses will be paid and you can receive disability benefits.

If your injury was caused by a defective machine where you worked, your worker's comp lawyer will advise you whether you have the right to sue the manufacturer of the defective machine outside of worker's comp....
View Details »

Q: How are they claiming injuries and no fault in a left turn accident?

4 Answers | Asked in Car Accidents and Personal Injury for California on
Answered on May 26, 2017

A similar situation happened to me. California is a comparative fault state. They are going to claim that you were speeding and try to apportion some smaller percentage of fault to you to cause you to recover less money.
View Details »

Q: If I just want to do a settlement how long will my injury case take?

1 Answer | Asked in Personal Injury for New York on
Answered on May 26, 2017

What's the injury? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute...
View Details »

Q: Can I sue my ex for the $17,000. I loaned to him on his antique car. We married 6/11/2007. Loan was 5/21/2007.

1 Answer | Asked in Personal Injury, Divorce and Family Law for California on
Answered on May 26, 2017

It sounds like you're past the statute of limitations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
View Details »

Q: If you are partly at fault for an accident can you still sue the other side?

1 Answer | Asked in Personal Injury for Massachusetts on
Answered on May 26, 2017

I am not sure what type of accident you are referring to, but typically you can make a claim for injuries as long as you are less than 50% at fault for the incident. However, the fault that is attributed to you can affect the amount you ultimately receive. For example, if you are determined to be 25% at fault for an accident, the other side can suggest that you are entitled to 75% of the full value of your claim.
View Details »

Q: How would I pay medical bills while an injury lawsuit is pending?

3 Answers | Asked in Personal Injury for Maryland on
Answered on May 26, 2017

There is no easy answer to this question. There is often a lag between bills and compensation. You can often get health care providers to hold off collection if you have a pending personal injury claim. But there are no guarantees.
View Details »

Q: Follow up question,on my Dentist not performing a simple filling correct & this caused me couple of thousands dollars.

1 Answer | Asked in Personal Injury and Medical Malpractice for Maryland on
Answered on May 26, 2017

I don't think someone putting money back into your account really requires your advice and consent. It does not limit you options to bring a claim in any way.

There are not enough facts to understand your claim and your options.
View Details »

Q: If I was in route to a Recovery/Treatment center and picked up by a black male, no other staff, and I fell asleep and

3 Answers | Asked in Personal Injury for California on
Answered on May 25, 2017

If the accident was caused by his negligence, he is responsible because he was the driver, not because there was only one person who picked you up.

You need a consultation with a PI attorney immediately. Do not speak to anyone about the collision or your injuries until you speak with an attorney. A PI attorney will work on a contingency, so there is no money up front. Many PI attorneys will come to you, so you don't have to travel. Just ask.
View Details »

Q: Pettibone airial

1 Answer | Asked in Bankruptcy, Employment Law, Personal Injury and Workers' Compensation for California on
Answered on May 25, 2017

I cant' tell what you are asking about, or even when it happened. Please re-post with some details of what happened, when it happened and what your injuries are.
View Details »

Q: Can a county become a defendant in a public nuisance action?

2 Answers | Asked in Civil Litigation, Constitutional Law, Personal Injury and Car Accidents for California on
Answered on May 25, 2017

There may be another remedy, such as taxpayer action, but there is no private right of action for a public nuisance (with a very limited exception). The State may be able to bring such an action against a county, but not a private citizen.
View Details »

Q: If I was age 11 in a car accident. Would money be put in a trust. I am mid 30 now. Is it still available for me.

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Answered on May 25, 2017

If there was a substantial settlement while you were a minor, there should have been a hearing for court approval of the settlement. Your parents/guardians would have been notified. The court may have appointed a guardian for you.

Check with the circuit court clerk's office. That is where the funds would have been held in trust until you became an adult. They should still be there and can now be released to you.

If no settlement occurred, it is too late to make a claim now.
View Details »

Q: At what age can I marry in ny and can I sue someone over the age of 18 for threatening me cause I'm 15.

1 Answer | Asked in Family Law, Domestic Violence, Criminal Law and Personal Injury for New York on
Answered on May 24, 2017

Sex with a minor is illegal. Marriage with a minor requires parental and court approval. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce...
View Details »

Q: My mother accidentally parked in a reserved spot for about an hour and then discovered her car had been vandalized.

1 Answer | Asked in Criminal Law, Personal Injury and Small Claims for Oregon on
Answered on May 24, 2017

You need to establish who was at fault by a preponderance of the evidence. That means more likely than not. You also have to prove the decreased value of the vehicle, which usually is the cost to repair the vehicle. If you don't have a witness and there is no videotape of the incident, and there is no other circumstantial evidence providing who the perpetrator was, your mother doesn't have a case. Depending on the amount of damages, you may want to submit a clam to her automobile insurer.
View Details »

Q: If someone gets injured on their property because there's a noise from my property, am I liable?

1 Answer | Asked in Personal Injury for Pennsylvania on
Answered on May 23, 2017

No, though as they asked if it's a whole bunch of shots as in your buddies coming over let them know; if it's you going after varmints, no.
View Details »

Q: I drove the taxi in Florida I was in an accident my fault the owners climbing he did not havee me covered I was injured

1 Answer | Asked in Personal Injury for Florida on
Answered on May 23, 2017

If the owner doesn't have workers' compensation coverage you will probably have to sue him. The good news is that if you sue for failure to have workers' comp, whether or not your were at fault is probably not a defense.
View Details »

Q: If during a passionate discussion one person pokes the other person, is that considered a crime?

3 Answers | Asked in Personal Injury and Criminal Law for California on
Answered on May 23, 2017

It's a battery. Depending on the circumstances, you could be charged with a crime, and/or sued for damages.
View Details »

Q: Can someone be charged if they got from under the steerin wheel allowed a drunk person to drive which resulted in death

1 Answer | Asked in Car Accidents, Criminal Law, Personal Injury and Wrongful Death for North Carolina on
Answered on May 23, 2017

They could but Police have to charge. They can try a civil case in which case contact a member of the NC Assn for Justice--they give free consults.
View Details »

Q: Can I use a dog pen as an enclosure instead of a chain link fence as required in the rules.

1 Answer | Asked in Animal / Dog Law, Personal Injury, Wrongful Death and Landlord - Tenant for Nevada on
Answered on May 23, 2017

The landlord controls the terms. They can say no pets., They can say no pets unless they are in a stainless steel enclosure. They can say what they want. Don't like it--move.
View Details »

Q: What happens in a foreign country if a driver causes an accident and is criminally liable?

1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for Illinois on
Answered on May 23, 2017

If he commits a crime he can be arrested. He should talk to the consulate, maybe cut short that trip?
View Details »

Q: We were in an accident in Kentucky in 2015. The at fault driver pulled out in front off us without looking.

1 Answer | Asked in Car Accidents and Personal Injury for Kentucky on
Answered on May 23, 2017

She's still having pain. Did she go to a doctor? Or did she make excuses. With no follow up there's no document to say she's still having pain.

No it doesn't sound good.

But I'm assuming you have an attorney. If not, she signed authorizations and the insurance company got to chat with her and now it's biting you. Why not get a free consult with a member of the Ky. Assn for Justice--they give free consults.Enough of d.i.y.!
View Details »

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.