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Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for Arkansas on
Q: If I am turning left into place of business and the person is speeding and hits me what are my choices if anything
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You need to contact a local attorney that specializes in personal injury/ property damage to represent you in this situation. It may ultimately turn out that you are both partially at fault, the attorney will need to see the police report. If the other car was speeding by 5mph over, he may not... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Wisconsin on
Q: On Feb 14th a child 8 years old got grandma's car keys. He put it in reverse and went thru my sliding glass window.

Grandma did not have car or homeowners ins at the time. My apartment was boarded up for 49 days. I had to live in complete darkness. He stopped the SUV 2 1/2 feet from where I was sitting. I didn't suffer physical damage but a lot of emotional distress. I am in the care of my Dr. Do I have a... Read more »

Tim Akpinar
Tim Akpinar
answered on May 28, 2023

A Wisconsin attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It appears that you have a straightforward case for the property damage. However, recovery is another issue, with the vehicle owner having neither auto or homeowner's coverage.... Read more »

4 Answers | Asked in Personal Injury for California on
Q: the sidewalk is now cut after I trip and fell and yet no attorney wants to help me recover damages done to me?

I trip & fell on a sidewalk. Breaking my left wrist! Feb 10th 2023. I contacted a bunch of attorneys no one would take the case? I went back to the site where I trip & fell (where I collect my mail) I noticed they or someone cut the sidewalk where I hit my toes on and fell? Which was way... Read more »

Joel Gary Selik
Joel Gary Selik
answered on May 27, 2023

In the law there is a principal that holds that Subsequent Remedial Measures are not admissible to provide negligence. This would apply here.

Fall cases can be very difficult. There are attorneys who concentrate on fall cases; you should continue to try to find an attorney.

Expect...
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4 Answers | Asked in Personal Injury for California on
Q: the sidewalk is now cut after I trip and fell and yet no attorney wants to help me recover damages done to me?

I trip & fell on a sidewalk. Breaking my left wrist! Feb 10th 2023. I contacted a bunch of attorneys no one would take the case? I went back to the site where I trip & fell (where I collect my mail) I noticed they or someone cut the sidewalk where I hit my toes on and fell? Which was way... Read more »

James L. Arrasmith
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answered on May 29, 2023

While I understand your frustration, the decision of attorneys to take on a case is influenced by various factors, such as the strength of the claim, potential damages, and viability for pursuing legal action.

However, it is not uncommon for repairs or modifications to be made to sidewalks...
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4 Answers | Asked in Personal Injury for California on
Q: the sidewalk is now cut after I trip and fell and yet no attorney wants to help me recover damages done to me?

I trip & fell on a sidewalk. Breaking my left wrist! Feb 10th 2023. I contacted a bunch of attorneys no one would take the case? I went back to the site where I trip & fell (where I collect my mail) I noticed they or someone cut the sidewalk where I hit my toes on and fell? Which was way... Read more »

James Otto Heiting
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James Otto Heiting
answered on May 30, 2023

You have received good reasoning and information from the lawyers who answered your inquiry. If you have photos and information that indicate liability is good against the responsible party(ies), the issue also involves extent of damages. Do not stop looking for an attorney just yet. Try a few... Read more »

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1 Answer | Asked in Civil Rights, Education Law and Personal Injury on
Q: Am I entitled to compensation?

My university accidentally sent my private information to another student and they sent me the private information of that other student. Was this a GDPR breach?

John Michael Frick
John Michael Frick
answered on May 27, 2023

It depends on whether you sustained any legally compensable damages as a result of someone else using the private information the university sent to another student.

For example, if the university gave out your credit card number and CVV, and someone used it to make a purchase, the...
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5 Answers | Asked in Personal Injury for California on
Q: Adjuster want to pay separately for my compensation $2000 and medicals up to reasonable amount directly to provider.

Adjuster said they can’t give the entire settlement to me instead they need to issue payment separately such as compensation $2000 to me and reasonable medical bills related to auto accident up to $10,000 to doctors. I told them I am the responsible person to pay back and want to entire... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on May 26, 2023

The insurance company wants to deal with the medical providers bc the insurer will negotiate a lower bill and save some money. So if your bills are $10,000, the insurance company will offer substantially less to settle the debt and pocket the rest. You want to control the money so you can do the... Read more »

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5 Answers | Asked in Personal Injury for California on
Q: Adjuster want to pay separately for my compensation $2000 and medicals up to reasonable amount directly to provider.

Adjuster said they can’t give the entire settlement to me instead they need to issue payment separately such as compensation $2000 to me and reasonable medical bills related to auto accident up to $10,000 to doctors. I told them I am the responsible person to pay back and want to entire... Read more »

Tim Akpinar
Tim Akpinar
answered on May 28, 2023

It sounds like the adjuster may have concerns about being left on the hook for obligations to medical providers, despite the point you make about there being no liens. If that's in the carrier's standard operating procedures, it's possible their discretion could be limited. Your... Read more »

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1 Answer | Asked in Contracts, Products Liability, Construction Law and Personal Injury for Florida on
Q: Inspection

The windows were bought and installed by Lowes in 2019. We just recently discovered they are all pulling away from our home at the top, allowing daylight, air, wetness in from the outside. You can see mold visibly in some spots. I, myself have had continuous breathing issues to the point that I had... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

You indicated that numerous lawyers have told you they cannot be of help. Did they provide the specific reasons, including principles of law and issues of proof, that caused them to decline the matter? That's step number one - to meet with a lawyer (either in person or virtually) to go over... Read more »

1 Answer | Asked in Personal Injury for Washington on
Q: My truck was broken into at a dealership while it was awaiting repairs is the dealership liable?

They told me no because of the Third party clause in their documents but what constitutes a third party? they have security cameras but the manager is saying they probably don't have any footage because its something they've been working on it would this void that entirely? how can you... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

This is a personal injury/property damage case. Not possible to provide definitive answer without reading whatever documents you signed when taking the car in for service. Generally, it would seem that at the very least, the dealership has to obligation to protect your property while in their... Read more »

3 Answers | Asked in Personal Injury and Car Accidents for Tennessee on
Q: Average settlement amount?

I know there's no accurate amount that can be estimated here but I was wondering.

Rear ended by a negligent teenager who was texting. I received serious whiplash, cervical lordosis, cervical stenosis, a back brace. My passenger received a concussion, post concussion syndrome and... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

There is no "average" settlement amount. It all depends on how much you have been damaged and how good your attorney is in convincing the other side of the risk and exposure. The amount of insurance coverage also determines, including your own "under insured motorist" coverage.... Read more »

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Do I have a potential medical malpractice law suit?

I found a tumor in my neck 2 months ago. I was referred to an ENT surgeon by my GP. The ENT doctor felt that there is a high potential that this tumor may be cancer. He ordered a CAT scan and biopsy on May 1 URGENT. I had the CAT scan but was told by his office my insurance provider would not... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

First, you appear to have no idea who is lying and who is telling the truth in this situation. Check your patient portal and see, or ask the insurance provider to send you evidence it approved the in-office biopsy and effectively communicated that approval to your ENT office on May 3rd. Although... Read more »

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2 Answers | Asked in Personal Injury for Oregon on
Q: How long do I have to file a personal injury claim?

Walking in neighborhood and caught the toe of my shoe on a piece of sidewalk that has raised up. Broken wrist and surgery followed. This was 3/21/23.

Brad  Holbrook
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answered on May 23, 2023

Most claims for negligence in Oregon must be filed within two (2) years of the accident. So, you should file the complaint in court by 3/21/2025; however, you would want to resolve this claim much sooner. You also should consult with a lawyer about your rights and options. If this matter involves... Read more »

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4 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: I was in a auto mobile accident the other party was st full blame but my insurance paid my hospital bill so ii turned in

My claim and thy can see my insurance covered so how will I get money

Christopher J. Pitera
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answered on May 23, 2023

That means your auto policy carries medical expense benefits up to a certain limit. Medical expense benefits can be stacked in Virginia for each vehicle you have on the auto policy. Generally it is best to use your health insurance in Virginia before exhausting medical expense benefits for a... Read more »

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4 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: I was in a auto mobile accident the other party was st full blame but my insurance paid my hospital bill so ii turned in

My claim and thy can see my insurance covered so how will I get money

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2023

First, I am not a Virginia attorney (though I have handled cases there at the request of some). However let me note that members of the Va. Assn for Justice give free consultations so why not get one?

Generally, you look to have the insurance pick up your medicals. So be sure you tell the...
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2 Answers | Asked in Libel & Slander and Personal Injury for Virginia on
Q: I am being sued for an over the top amount in Virginia for “defamation” and I don’t live there. Is there a way to change

*change that? Also, how do I access a free defense lawyer?

Derek Allen Colvin
Derek Allen Colvin
answered on May 22, 2023

Being sued as an out-of-state defendant can present defenses and challenges. Unfortunately, you are not likely to find a free defense lawyer to assist you in a civil claim for defamation. The first thing you should do is find out if you have insurance coverage for this type of claim. You may be... Read more »

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1 Answer | Asked in Personal Injury and Landlord - Tenant for Puerto Rico on
Q: I a 68 y/o lady suffering from the sequela of an assault at an Égida. Can I sue the landlord for damages? Thank you

I have lived at the privately owned/ government subsidized Égida for moderate income seniors for 5 yrs. and had complained to the mgmt./ landlord , for months, about my 4 attackers for harrassment and the lack of security cameras.The physical assault , per se, occurred Nov/24/2022 @ 7:16 pm and I... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 22, 2023

You can sue on or before November 24, 2023. The statute of limitation for this cause of action is one year after the events. I advise that you retain an attorney, who may extend the term by notifying the landlord by way of an extrajudicial letter.

You may procure legal representation...
Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for California on
Q: Unlawful detainer missed my trail got new courtdate I filed motion to suppress false evidence and motion to compel

Sent Plaintiff counsel meet confrence explaining the conditions of the property is getting worse I was ignored. The eviction is wrongful eviction.bed bug problem is getting worse with the attacks and me being bitten it's not safe. What do I need to do to get the judge to make a ruling of... Read more »

James L. Arrasmith
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answered on May 22, 2023

In order to seek compensation for wrongful eviction and address the worsening conditions, it is crucial to present your case effectively in court. To get the judge to rule on wrongful eviction, you need to continue to present your evidence, including documentation of the bed bug problem and its... Read more »

1 Answer | Asked in Civil Rights and Personal Injury for California on
Q: Is it legal for a retail store to profile shoppers as part of their security or fraud prevention?

A retail store denied my son a merchandise return because of a recent arrest that was completely unrelated to the store. Since the arrest was public, however, the store collected the information and unfairly discriminated against my son. Are there any legal grounds for pressing charges for public... Read more »

James L. Arrasmith
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answered on May 22, 2023

It is generally legal for a retail store to profile shoppers as part of their security or fraud prevention measures, as long as it does not violate any anti-discrimination laws or infringe upon individual rights. Regarding pressing charges for public embarrassment or similar claims, it would depend... Read more »

2 Answers | Asked in Family Law, Personal Injury, Education Law and Wrongful Death for California on
Q: is anyone liable when a disable fostered child with an IEP , does not have providers following the agreed upon IEP plan?

Multiple times the IEP was not followed, and most importantly. overdue for an update. At minimum, the need appropriate placement was discussed. agreed upon, client was to remain safely in place to to disability. client was later moved to the higher independence level, less supervision group home... Read more »

James L. Arrasmith
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answered on May 22, 2023

When a disabled fostered child with an Individualized Education Program (IEP) does not have providers following the agreed-upon IEP plan, liability can potentially arise depending on the specific circumstances and applicable laws. The responsibility for ensuring that the IEP is followed typically... Read more »

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