Mark A. Siesel Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2024

To begin with, you mentioned that the incident happened years ago. Generally speaking, with some exceptions, personal injury actions (not medical malpractice) commenced against a non-municipal defendant have a three year statute of limitations. Additionally, based upon the fact pattern you... View More

Sorry to hear what you're going through. Generally speaking, to bring an action for negligent or intentional infliction of emotional distress, you need to demonstrate conduct that is "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency and... View More

Maybe you can. There are a lot of variables. How disabled was the car? How injured was the driver? How busy was the street?, etc. The decision to settle belongs solely to your insurer. There is nothing you can do about it, except communicate to your insurer the facts that you think are... View More

A Louisiana attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. What you describe sounds like it would be a difficult case, not to diminish what you must have gone through. But many municipalities enjoy certain immunities from such settings, as... View More

An Idaho attorney could advise best, but your question remains open for a week. I'm sorry about your ordeal. From your post, it looks like this happened in February 2023. I do not practice in Idaho but based a quick check of online information available to the general public, it looks like the... View More

Medicare and Medicaid services, in themselves, do not create a cap on the gross total recovery one can obtain, but Medicare and Medicaid have automatic liens on a personal injury or wrongful death claim so that they can recover what they paid out for treatment as a result of the wrongdoer's... View More

A Maryland attorney could advise best, but your question remains open for two weeks. There is no universal short answer to your question. Every case is different, based on the liability of the premises and a claimant's injuries. Defense attorneys generally review cases in terms of whether it... View More

It sounds like your lawyer got you the policy limit of the drunk driver. It sounds like the semi truck driver isn't at fault, although if he left the scene that is suspicious. Nevertheless, if the semi driver can't be found, what do you want your attorney to do? He got all of the... View More

David W Gammill Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2024

CCP § 1010.6 and California Rules of Court, Rule 2.251.

1. CCP § 1010.6**: This statute allows for electronic service of documents in an action filed with the court, in accordance with rules adopted pursuant to subdivision (h) (West's Ann.Cal.C.C.P. § 1010.6).

2.... View More

Ordinarily, mental anguish damages are not recoverable for temporarily being deprived of the use of personal property like a motor vehicle.

It would be very difficult to prove that the temporary deprivation of your motor vehicle was a proximate cause of missed time from work unless you can... View More

Great question. Alabama law provides several protections to minors in personal injury cases. First, the statute of limitations (time period in which we must file a case) for a minor does not run until the child reaches the age of majority (adulthood). That gives the minor time to make his or her... View More

Call your insurance company, if you carried comprehensive coverage. Otherwise, your claim is going to be litigated, probably in Small Claims Court, where you can recover up to $12,500, without an attorney. If your car is worth more than that, you can sue in Superior Court, but you will need an... View More

You did what was right to move your family out of a hazardous situation. But you could have better protected yourselves legally. A 5-day notice to the landlord is required by ARS 33-1361 to terminate a lease where there is a health or safety danger. Since the lease was not terminated, you may... View More

Unfortunately you need to contact another attorney as soon as possible, one that specializes in legal malpractice. They are very experienced at pursuing matters where attorneys have either intentionally done something wrong or accidentally done something wrong that has affected your case.... View More

You need to hire an attorney that practices malpractice law and quickly because just like your personal injury case the statute of limitations is running on your case and if it runs out you will be barred from collecting any money for your loss.

Jonathan Kintzele Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

If a motion for reconsideration is denied, your option would be to appeal the decision within the statutory timeframe, which runs from the date of the denial of reconsideration, rather from the date of the initial order, but only if the order itself was appealable.

Note that the appeal will... View More

There is no limit on how much you can sue someone for. That said, both the trial court and appellate court can reduce a verdict if it "deviates materially" from what would constitute fair and adequate compensation for the alleged harm. Speak with your lawyer and ask why the settlement... View More

A Chicago attorney might be able to advise best, but your question remains open for three weeks. The short answer to your question is, "yes." It could be a case from a textbook standpoint, involving a theory of failure to properly diagnose. From a PRACTICAL standpoint, it could also... View More

A Mississippi attorney could advise best, but your question remains open for a week. I'm sorry about your accident. You could reach out to local attorneys to see if they could help you review the matter. But unfortunately, since this happened 14 years ago, that timeline probably closes a lot... View More

The anesthesiologist had a duty to ensure your mother was adequately anesthetized during the surgery. If the anesthesiologist failed to maintain the anesthesia, leading to your mother waking up, this could constitute a breach of that duty. You would need to prove that this breach directly caused... View More