Personal Injury Questions & Answers by State
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Personal Injury Questions & Answers
Q: Attacked and sustained injuries, how likely will a first time offender be arrested?(CT)
Max Lavit Rosenberg's answer
You should consult with a personal injury attorney as soon as possible if you have not done so already. Also you should discuss the criminal aspect with an attorney who would have experience in this as well to determine if you need to appear or speak with the victim's advocacy office. Feel free to contact me for more information. 203.870.6700
You should consult with a personal injury attorney as soon as possible if you have not done so already. Also you should discuss the criminal aspect with an attorney who would have experience in this as well to determine if you need to appear or speak with the victim's advocacy office. Feel free to contact me for more information. 203.870.6700
Q: Do I have to file an injunction. Feel like I'm being forced to do so.
1 Answer
| Asked
in
Criminal Law, Family Law, Personal Injury and Domestic Violence
for
Florida
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Terrence H Thorgaard's answer
You wouldn't "file an injunction" in any event; you would file an application FOR an injunction, asking the court to issue such an injunction.
But I agree with you: I don't see any need for an injunction. Ask the case worker why she is insisting on an injunction.
You wouldn't "file an injunction" in any event; you would file an application FOR an injunction, asking the court to issue such an injunction.
But I agree with you: I don't see any need for an injunction. Ask the case worker why she is insisting on an injunction.
Q: If I if I was hit with a basket by another customer in Walmart is Walmart reliable if I was injured
Alexander Bakhache Perez's answer
If you work for Walmart during the incident then it would be Work Comp, but in this case both are customers, they may have a MED PAY option to pay medical bills for injuries occurring on the property to claim, otherwise you for sure have a claim against the other customer
If you work for Walmart during the incident then it would be Work Comp, but in this case both are customers, they may have a MED PAY option to pay medical bills for injuries occurring on the property to claim, otherwise you for sure have a claim against the other customer
Q: i was rear ended by a virginia state trooper but i am having problems with my neck and shoulder
David Alan Wolf's answer
When there is insurance and a government entity involved in a crash, you should get the representation by a qualified attorney in your area. There are notices and procedures to follow. While insurance companies and government entities should step up to do the right thing for victims, there are often delays and other issues that arise. Most personal injury attorneys will provide a free consultation. The insurance companies and government entities pay more attention when an attorney to leading...
When there is insurance and a government entity involved in a crash, you should get the representation by a qualified attorney in your area. There are notices and procedures to follow. While insurance companies and government entities should step up to do the right thing for victims, there are often delays and other issues that arise. Most personal injury attorneys will provide a free consultation. The insurance companies and government entities pay more attention when an attorney to leading...
Q: My mom went to Wal-mart and as she was leaving she slipped on oil in the Wal-mart parking lot. Can my mom sue Wal-mart?
David Alan Wolf's answer
Wal-Mart has a duty to provide a reasonable and safe environment for visitors. While Wal-Mart is not liable every time that an injury takes place, it could be held liable when it knew or should have known about a danger and failed to post a warning sign and / or clean it up in a timely manner. You should contact a local personal injury attorney to review the potential case. Most personal injury attorneys will provide a free consultation and (if the case is accepted) will handle the case on a...
Wal-Mart has a duty to provide a reasonable and safe environment for visitors. While Wal-Mart is not liable every time that an injury takes place, it could be held liable when it knew or should have known about a danger and failed to post a warning sign and / or clean it up in a timely manner. You should contact a local personal injury attorney to review the potential case. Most personal injury attorneys will provide a free consultation and (if the case is accepted) will handle the case on a...
Q: Am I liable for medical bills since I accidentally hooked someone while fishing on pier?
David Alan Wolf's answer
You could be held liable for causing injury to the person. If you were negligent in some manner, a case or cause of action can be brought against you. The conduct at issue does not need to be purposeful for there to be a cause of action.
You could be held liable for causing injury to the person. If you were negligent in some manner, a case or cause of action can be brought against you. The conduct at issue does not need to be purposeful for there to be a cause of action.
Q: Worker's comp is denying further treatment and nothing has been solved. What do we do?
1 Answer
| Asked
in
Personal Injury and Workers' Compensation
for
Kentucky
on
Answered on Jul 21, 2017
Answered on Jul 21, 2017
David Alan Wolf's answer
Unfortunately, the worker's compensation system in most States limits care and is set up in the manner to save money rather than to provide reasonable and necessary care to injured workers. You need to speak to an attorney who will better advise you as to your rights, remedies, and recommended courses of action. While this forum is a good one for general advice, there is no substitute for having an attorney as your advocate on a worker's compensation case.
Unfortunately, the worker's compensation system in most States limits care and is set up in the manner to save money rather than to provide reasonable and necessary care to injured workers. You need to speak to an attorney who will better advise you as to your rights, remedies, and recommended courses of action. While this forum is a good one for general advice, there is no substitute for having an attorney as your advocate on a worker's compensation case.
Q: shoulder dislocated at a gym in their pool slide. No signs were present and I hit it on one of the curves. Can I sue?
David Alan Wolf's answer
It is unfortunate that you suffered an injury. You asked a good question. There are risks with just about every kind of physical activity including going down a slide. If the slide was not properly maintained or was in disrepair, then a claim or case would be brought against the gym. If the gym knew or should have known of the hazards, an argument could be made that signage should have been posted. Find out if the gym had what is called Medical Payment coverage. This is insurance coverage...
It is unfortunate that you suffered an injury. You asked a good question. There are risks with just about every kind of physical activity including going down a slide. If the slide was not properly maintained or was in disrepair, then a claim or case would be brought against the gym. If the gym knew or should have known of the hazards, an argument could be made that signage should have been posted. Find out if the gym had what is called Medical Payment coverage. This is insurance coverage...
Q: Bit by a pit bull. Dog came from yard into street as I was jogging by. Owner witnessed. Would h/o insurance cover loss?
David Alan Wolf's answer
You asked an excellent question. With respect to dog bites, homeowner's insurance policies are hits and misses as to coverage. Many homeowner's insurance policies exclude personal injuries caused by a dog bite or dog attack. You should consult with a local attorney who most likely would be willing to send a letter out at no charge. Case would be handled on a contingency basis - no recovery - no attorney fees.
You asked an excellent question. With respect to dog bites, homeowner's insurance policies are hits and misses as to coverage. Many homeowner's insurance policies exclude personal injuries caused by a dog bite or dog attack. You should consult with a local attorney who most likely would be willing to send a letter out at no charge. Case would be handled on a contingency basis - no recovery - no attorney fees.
Q: signed a contract 2 days ago with a personal injury group. can I get out ot the contract?
David Alan Wolf's answer
It has only been two days so you may want to give the attorney a chance. If not, read through the contract to see what your contractual obligations are per the contract. If it has only been 2 days, there may not be much of a charge or cost in switching. Contact another attorney for a free consultation. Good luck.
It has only been two days so you may want to give the attorney a chance. If not, read through the contract to see what your contractual obligations are per the contract. If it has only been 2 days, there may not be much of a charge or cost in switching. Contact another attorney for a free consultation. Good luck.
Q: Am I at fault if a car hits me, and then I hit the car in front of me?
David Alan Wolf's answer
Your fault (if any) depends on the particular facts and circumstances. If you were stopped or driving at a safe distance from the vehicle in front of you, there would not appear to be fault assessed against you. The driver behind you may claim that you stopped short or abruptly. You should consult with a local personal injury attorney about your respective rights and appropriate courses of action. Good luck.
Your fault (if any) depends on the particular facts and circumstances. If you were stopped or driving at a safe distance from the vehicle in front of you, there would not appear to be fault assessed against you. The driver behind you may claim that you stopped short or abruptly. You should consult with a local personal injury attorney about your respective rights and appropriate courses of action. Good luck.
Q: I was at a store at the mall and tripped on a mat
David Alan Wolf's answer
Slip and fall cases AND trip and fall cases are among the more challenging personal injury case out there. A store or business not an absolute insurer of the safety of the guests. The store or business must act in a reasonably prudent manner. It is common and reasonable to have a mat at the entrance of a building. If there something dangerous about the set up of the mat and / or some kind of hidden danger to the mat, there may be a case. However, just because there is a mat and fall on or...
Slip and fall cases AND trip and fall cases are among the more challenging personal injury case out there. A store or business not an absolute insurer of the safety of the guests. The store or business must act in a reasonably prudent manner. It is common and reasonable to have a mat at the entrance of a building. If there something dangerous about the set up of the mat and / or some kind of hidden danger to the mat, there may be a case. However, just because there is a mat and fall on or...
Q: Is it possible to file a personal injury claim from an injury suffered while in prison?
Peter Munsing's answer
Depends on the situation. As these cases are specialized, contact the WVa. Civil Liberties Union and ask for their prison litigation section then ask them for the names of "cooperating attorneys." They will be in the best position to guide you.
Depends on the situation. As these cases are specialized, contact the WVa. Civil Liberties Union and ask for their prison litigation section then ask them for the names of "cooperating attorneys." They will be in the best position to guide you.
Q: Injured on the job in 2009 in TN, rec settlement/lifetime medical. Carrier in breech of L M. Can I sue employer ?
1 Answer
| Asked
in
Personal Injury and Workers' Compensation
for
Tennessee
on
Answered on Jul 21, 2017
Answered on Jul 21, 2017
Peter Munsing's answer
Contact the lawyer you had. If you didn't have one, contact a member of the Tenn Assn for Justice who handles comp cases. This is not d.i.y. time.
Contact the lawyer you had. If you didn't have one, contact a member of the Tenn Assn for Justice who handles comp cases. This is not d.i.y. time.
Q: My husband was incarcerated recently. While in custody he was involved in a fight & injured. Do we need a lawyer?
Peter Munsing's answer
You need to contact the Tennessee Civil Liberties Union, ask for the names of "cooperating attorneys " for prison issues.They are very specialized cases. The lawyer will give you a free consultation. You/your husband want to get that.
You need to contact the Tennessee Civil Liberties Union, ask for the names of "cooperating attorneys " for prison issues.They are very specialized cases. The lawyer will give you a free consultation. You/your husband want to get that.
Q: What is the latest date a party can submit a motion in limine?
1 Answer
| Asked
in
Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice
for
Kentucky
on
Answered on Jul 21, 2017
Answered on Jul 21, 2017
Peter Munsing's answer
Why not ask your lawyer? Short answer is that you can respond that the motions are untimely filed, do not comply with the rules, and should be stricken. That being said be prepeared to respond to what the motions say as a judge may decide to consider them nonetheless.
Why not ask your lawyer? Short answer is that you can respond that the motions are untimely filed, do not comply with the rules, and should be stricken. That being said be prepeared to respond to what the motions say as a judge may decide to consider them nonetheless.
Q: Is it US State law that a gangway to a passenger ship (sightseeing tourist vessel) must be secured at all times?
David Alan Wolf's answer
Admiralty - maritime laws may provide a remedy and cause of action to you. You should contact an attorney who handles cases of this nature. There are restrictions and procedures applicable to most admiralty - maritime claims. Also, contact an attorney with particular knowledge of these claims. Good luck.
Admiralty - maritime laws may provide a remedy and cause of action to you. You should contact an attorney who handles cases of this nature. There are restrictions and procedures applicable to most admiralty - maritime claims. Also, contact an attorney with particular knowledge of these claims. Good luck.
Q: Please let me know the best lawyer for personal Injury Attorney in Portland?
David Alan Wolf's answer
For any State, it is difficult to name somebody "the best". That certainly is a matter of opinion. I can recommend an excellent attorney who I met a number of years ago. Here is a link to his Justia Lawyer Profile:
https://lawyers.justia.com/lawyer/joshua-shulman-791055
Personal injury attorneys provide a free consultation. Make sure you are comfortable with the selected attorney before formally signing up as a client. Good luck.
For any State, it is difficult to name somebody "the best". That certainly is a matter of opinion. I can recommend an excellent attorney who I met a number of years ago. Here is a link to his Justia Lawyer Profile:
https://lawyers.justia.com/lawyer/joshua-shulman-791055
Personal injury attorneys provide a free consultation. Make sure you are comfortable with the selected attorney before formally signing up as a client. Good luck.
Q: My son was injured in a car accident
David Alan Wolf's answer
New Jersey has a Dram Shop law in place as follows:
New Jersey's Dram Shop Law
Section 2A:22A-4 of the New Jersey Revised Statutes says that any person who has been injured by an intoxicated individual may seek damages from a vendor who served the alcohol if:
the intoxicated individual was "visibly intoxicated" when served, or
the vendor knew or reasonably should have known the person being served was a minor under age 21.
Dram Shop cases are extremely...
New Jersey has a Dram Shop law in place as follows:
New Jersey's Dram Shop Law
Section 2A:22A-4 of the New Jersey Revised Statutes says that any person who has been injured by an intoxicated individual may seek damages from a vendor who served the alcohol if:
the intoxicated individual was "visibly intoxicated" when served, or
the vendor knew or reasonably should have known the person being served was a minor under age 21.
Dram Shop cases are extremely...
Q: 4 days ago i was rear ended torn ligaments in my neck and lower back from whiplash and right sprain shoulder
David Alan Wolf's answer
You asked an excellent question. The value of a case will depend on a number of factors including the extent of medical treatment, diagnostic testing, length of treatment, types of medical providers, insurance coverage, and other factors. Seeing that you have been treating for 2 months, it is still a bit early to know the full extent of the injuries, treatment, and value. Certainly, you would contact a personal injury attorney to discuss your respective rights and recommended courses of...
You asked an excellent question. The value of a case will depend on a number of factors including the extent of medical treatment, diagnostic testing, length of treatment, types of medical providers, insurance coverage, and other factors. Seeing that you have been treating for 2 months, it is still a bit early to know the full extent of the injuries, treatment, and value. Certainly, you would contact a personal injury attorney to discuss your respective rights and recommended courses of...
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