Personal Injury Questions & Answers

Q: How soon after P&S can I expect the workers compensation company and a PI claim to make a settlement offer?

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

an OFFER? NEVER. Never expect an insurance company to offer you anything. Now, you should anticipate YOUR attorney to make a DEMAND for a workers comp settlement about 6 weeks after you undergo the Maximum Medical Improvement evaluation with the evaluating physician. If it is the Primary Treating PHysician that found you at Maximum Medical Improvement (we say MMI now; P&S is no more), and your attorney agrees with that Treating Physician's findings -- and those findings address ALL the...
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Q: A slip and fall by Brittany Barnes while at Coyote Ugly Saloon led to this special “friendship” during court proceedings

1 Answer | Asked in Personal Injury for New York on
Answered on Mar 27, 2017

I hear no question. 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. 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 legal advice;...
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Q: Not a class action and I was Pro Per. My attorney, soon to be former, is my employment attorney for my whistlerblowers

1 Answer | Asked in Constitutional Law, Employment Law, Libel & Slander and Personal Injury for California on
Answered on Mar 27, 2017

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. 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 legal advice; make any predictions,...
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Q: My neighbor used weed and grass killer on a huge long strip of my backyard, i have 2 dogs, can I press charges?

1 Answer | Asked in Animal / Dog Law, Criminal Law and Personal Injury for Oklahoma on
Answered on Mar 25, 2017

It maybe advisable to ask to meet with a police officer to make a report just to document everything that has been happening. Next, you may want to speak to an attorney about getting a civil injunction against him, and maybe even a protective order.
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Q: Will I win if I sue a hotel for getting bit by bed bugs? I have over 30 bites and they are getting worse & horrendous?!

2 Answers | Asked in Personal Injury and Civil Rights for California on
Answered on Mar 25, 2017

You can sue for the bites in small claims court. Negligence and breach of contract may be your relevant causes of action. Damages may be minor, based on your facts here. 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. I practice law in CA, NY, MA, and DC in the...
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Q: What can I sue agent and broker for non disclosure of mold and proof of fraudulently not disclosing it

1 Answer | Asked in Broker Fraud and Personal Injury for California on
Answered on Mar 25, 2017

Have a lawyer review the related disclosures, contracts, and communications to determine whether fraud occurred here or whether you were responsible to conduct such due diligence investigations of the house via paid professionals. 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...
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Q: Pro Per, co-d former Employer, I have wrongful term complaint, can they release me in a settlement agreement?

1 Answer | Asked in Contracts, Employment Law, Personal Injury and Business Law for California on
Answered on Mar 25, 2017

Is this a class action suit? You do not have to agree to a settlement, as that is your choice whether to do so or not. Your lawyer cannot settle without your 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. I practice law in CA, NY, MA, and DC in the...
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Q: Can the defendant's insurance co who is not in the lawsuit request copy of summons from plaintiff?

1 Answer | Asked in Personal Injury for California on
Answered on Mar 24, 2017

If they're the plaintiff's insurer, the plaintiff may have a contractual obligation to provide such documents to them under the insurance contract. Read the contract terms, if you're the plaintiff. 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. I practice law in CA,...
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Q: I went to Foodmaxx to get 7up and jello for grandson who was sick. i reached up to grab a 2 liter from the end display

1 Answer | Asked in Personal Injury for California on
Answered on Mar 24, 2017

The market itself may have improperly stacked the items and caused your injury, unless the distributor did the stacking - at which point the market should have made sure the job was done safely. 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. I practice law in CA,...
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Q: After filing chapter 13 a repo man came to my door and demanded my vehicle. I saint I needed to talk to my atty. I tried

1 Answer | Asked in Libel & Slander, Personal Injury and Bankruptcy for Florida on
Answered on Mar 24, 2017

It depends upon whether this debt was listed in your bankruptcy filing. If so, yes, the bank can be sanctioned for which appears to be the so-called "automatic stay" provision of the Bankruptcy Code.

You should have notified the repo man that you have filed for bankruptcy and, if possible, given him a copy of the notice of case filing which is generated by the bankruptcy court.

What does your attorney say?
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Q: If another driver hit my car but I was driving without chains in the snow will that limit their liability?

1 Answer | Asked in Personal Injury for Washington on
Answered on Mar 24, 2017

Not necessarily. The other driver's insurance company or attorney can always claim that you were somehow negligent, and that contributed to the cause of the collision. If that's the case, then yes, your damages can be reduced proportionate to your responsibility for the crash.

But that doesn't just happen automatically; it's the job of your lawyer to argue that. It will be influenced by the specific facts of your case, how and where the crash happened, how bad the road conditions were....
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Q: granted for answer

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Appeals / Appellate Law for New York on
Answered on Mar 23, 2017

Your question makes no sense which indicates to me you should have a lawyer. Court procedure is different in each court. As to using court documents from other cases not only is it legal, it is smart.
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Q: how much to have an attorney to request my medical records for me? I am illiterate and have a difficult time with forms

2 Answers | Asked in Personal Injury for Oregon on
Answered on Mar 23, 2017

Depends on how many records (locations) you are looking to obtain. Then, in addition to the cost of the attorney, most places also then charge a fee for the copies. That varies from place to place, and can vary depending on the number pages in your file. Some places, such as Kaiser, will charge a $40 flat fee to put all of your records on a disc or available via download.
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Q: Can the victim sue for pain and suffering in a convicted child molestation case?

1 Answer | Asked in Small Claims and Personal Injury for Indiana on
Answered on Mar 23, 2017

A victim can sue the criminal in civil court for any and all damages subject to each states Statute of Limitations. Damages are not generally part of a criminal proceeding for child molestation.
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Q: My mother was disabled with an disability, with over a hundred different kind of prescription medications.

1 Answer | Asked in Personal Injury, Civil Rights, Social Security and White Collar Crime for New York on
Answered on Mar 22, 2017

You may consider contacting a medical malpractice attorney. More details are necessary to provide a professional analysis of your issue. Re: ADA violations, see: https://ag.ny.gov/civil-rights/disability-rights

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. I practice law in CA, NY, MA, and DC in the following areas of law: Business...
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Q: Can I sue for intentional infliction of emotional distress in small claims court in California?

1 Answer | Asked in Small Claims and Personal Injury for California on
Answered on Mar 22, 2017

I don't hear a basis for emotional distress, but you may sue for conversion of personal property re: the RV. See: http://www.courts.ca.gov/9618.htm

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. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: How much is my case worth?

2 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Answered on Mar 22, 2017

In the incident you described you would have two claims. You would have a claim for workers' compensation due to this being an injury on the job. You would also have a personal injury claim against the driver of the tractor trailer and his employer. Unfortunately, the workers' compensation claim is a lien on the personal injury claim. This means one cannot settle the personal injury claim without resolving the workers' compensation lien. Usually, this means paying back the workers compensation...
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Q: My military ex boyfriend hurt me and left me on a street, what's gonna happen to him if i report it?

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Military Law on
Answered on Mar 22, 2017

Depending on the facts and nature of what he did to you, and it sounds like you mean it to be a physical assault of some sorts - if there is a police report, he could be charged in state court of some form of domestic abuse or assault and battery. A state conviction on a domestic abuse would trigger the Lautenberg Act and he would be prohibited from possessing a firearm - even in the military - and he would not be able to carry a firearm/qualify on the range, and could be put out of the...
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Q: Can I sue a former Romantic Partner for Emotional Abuse, Physical Abuse, Negligence in New York?

2 Answers | Asked in Domestic Violence, Family Law, Libel & Slander and Personal Injury for New York on
Answered on Mar 21, 2017

YES, so long as this happened fairly recently in the past, which it did, and there are difference statutes of limitations for many of the torts (civil crimes basically) she committed against you. For example, assault and/or battery must be brought within ONE year, while you have THREE years to bring a claim for negligent infliction of emotional distress, etc.

One of the best claims you have against her is for defamation (libel/slander). When you say "She would always tell people nasty...
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Q: My university promised me a scholarship before I even got accepted and I never got it

2 Answers | Asked in Consumer Law and Personal Injury for New York on
Answered on Mar 21, 2017

Look for a member of the NY State Trial Lawyers Assn that handles higher education cases. They give free consultations. Unless the promises were specific and in writiing, be hard to win.
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