Personal Injury Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Personal Injury Questions & Answers
Q: A bicyclist ran a red light and hit my car in the middle of an intersection. He was injured and wants me to pay his
Timur Akpinar's answer
I don't practice in Massachusetts, but your question hasn't been picked up in four weeks. In many jurisdictions, bicyclists are subject to the same rights and duties as motor vehicles, which generally means compliance with the same traffic regulations. An attorney familiar with motor vehicle & traffic law in your state could advise you more meaningfully.
Tim Akpinar
I don't practice in Massachusetts, but your question hasn't been picked up in four weeks. In many jurisdictions, bicyclists are subject to the same rights and duties as motor vehicles, which generally means compliance with the same traffic regulations. An attorney familiar with motor vehicle & traffic law in your state could advise you more meaningfully.
Tim Akpinar
Q: In a pending divorce, I just received a settlement for personal injury pain and suffering, is this community property
Angelina Bradley's answer
In most cases, no. But there are exceptions and you should consult with a family law attorney to make sure they don’t apply in your case.
In most cases, no. But there are exceptions and you should consult with a family law attorney to make sure they don’t apply in your case.
Q: When a Lawyer represents a client,isnt the Lawyer required to provide client with all documents & step by step progress?
William John Light's answer
It is not a "requirement" that you be provided with "all" documents and every step of the case. You should be kept reasonably informed of progress, be provided key documents and/or documents that impact your testimony. When settlement is offered, the attorney should explain the anticipated accounting of fees, costs, liens, etc. Those numbers generally cannot be finalized until weeks or months after you have agreed to settlement.
It is not a "requirement" that you be provided with "all" documents and every step of the case. You should be kept reasonably informed of progress, be provided key documents and/or documents that impact your testimony. When settlement is offered, the attorney should explain the anticipated accounting of fees, costs, liens, etc. Those numbers generally cannot be finalized until weeks or months after you have agreed to settlement.
Q: Do I need to repay Medicare for a trip and fall hospital bill that a homeowners insurance has offered to partially pay?
John Paul Young's answer
Because you are receiving money as a result of an injury claim, the short answer is yes, you are required to repay Medicare. BUT, because of write downs you will not have to pay as much as you think. Medicare writes down medical bills significantly. So, even though the amount billed is $8,500.00, the amount Medicare paid will likely be a great deal less. So the amount you have to repay Medicare will be no more than what Medicare pays. The hospital is bound to take the Medicare payment as...
Because you are receiving money as a result of an injury claim, the short answer is yes, you are required to repay Medicare. BUT, because of write downs you will not have to pay as much as you think. Medicare writes down medical bills significantly. So, even though the amount billed is $8,500.00, the amount Medicare paid will likely be a great deal less. So the amount you have to repay Medicare will be no more than what Medicare pays. The hospital is bound to take the Medicare payment as...
Q: Can I sue for consent to surgery while medicated?
1 Answer
| Asked
in
Personal Injury, Health Care Law and Medical Malpractice
on
Answered on Dec 16, 2018
Answered on Dec 16, 2018
Rahlita D. Thornton's answer
It is best to consult with an attorney in your country. Laws vary from state to state and from country to country. But, it sure sounds like something to consult with an attorney about. I know that there are other factors to consider after having certain weight loss surgeries as well. Good luck to you.
It is best to consult with an attorney in your country. Laws vary from state to state and from country to country. But, it sure sounds like something to consult with an attorney about. I know that there are other factors to consider after having certain weight loss surgeries as well. Good luck to you.
Q: Can you sue an employer if your info was released do to a data breach.
1 Answer
| Asked
in
Civil Litigation, Employment Law and Personal Injury
for
California
on
Answered on Dec 15, 2018
Answered on Dec 15, 2018
Dale S. Gribow's answer
more info needed.
anyone can sue for anything at any time............the issue is can you find a lawyer to do it on a contingency or will you have to pay hourly. Here I think it would be an hourly case in our office if we handled that kind of case.........................................AND were you damaged and can you recover any money.
it doesn't make sense to sue to get a $1 verdict for instance and spend lots of money on a lawyer to do so.
you have to show...
more info needed.
anyone can sue for anything at any time............the issue is can you find a lawyer to do it on a contingency or will you have to pay hourly. Here I think it would be an hourly case in our office if we handled that kind of case.........................................AND were you damaged and can you recover any money.
it doesn't make sense to sue to get a $1 verdict for instance and spend lots of money on a lawyer to do so.
you have to show...
Q: My mother got shocked due to touching an exposed lamp wire at a hotel that wasn't easily noticeable. She sustained
Timur Akpinar's answer
It could be the hotel and/or the lamp manufacturer, depending on the circumstances of how the wire came to be exposed. You could consult with a Connecticut attorney who could investigate the matter further and review the medical records.
Tim Akpinar
It could be the hotel and/or the lamp manufacturer, depending on the circumstances of how the wire came to be exposed. You could consult with a Connecticut attorney who could investigate the matter further and review the medical records.
Tim Akpinar
Q: How is my pitchess motion supposed to be fair, when the same court that denied it the first time is doing it again?
2 Answers
| Asked
in
Civil Rights, Constitutional Law, Criminal Law and Personal Injury
for
California
on
Answered on Dec 14, 2018
Answered on Dec 14, 2018
Dale S. Gribow's answer
much more info would be needed and you need to ask this of a criminal lawyer in Ventura.
i am in palm springs and swore i would never go back to Ventura over 30 years ago.
you might ask the court to appoint another defense lawyer if you feel you are not getting competent representation.........but i can't comment if that is a prudent idea.
much more info would be needed and you need to ask this of a criminal lawyer in Ventura.
i am in palm springs and swore i would never go back to Ventura over 30 years ago.
you might ask the court to appoint another defense lawyer if you feel you are not getting competent representation.........but i can't comment if that is a prudent idea.
Q: My landlords dog attacked me (5 bites) as I entered the backyard of our house. Went to hospital for treatment. Now what?
William John Light's answer
You should speak to an attorney before you speak to the landlord's insurance company. It will try to get you to describe your injuries and minimize your pain. It will try to get you to settle for pennies on the dollar before you even know the extent of your scarring and before your medial treatment is complete. Call a knowledgeable attorney, please.
You should speak to an attorney before you speak to the landlord's insurance company. It will try to get you to describe your injuries and minimize your pain. It will try to get you to settle for pennies on the dollar before you even know the extent of your scarring and before your medial treatment is complete. Call a knowledgeable attorney, please.
Q: Why is a a trial date set in a personal injury lawsuit, if they’ve been offered policy limits?
Rahlita D. Thornton's answer
Sadly, it’s often your insurance company that may not be providing the plaintiff with full disclosure that indeed the amount being offered is the policy limit. Also, for the policy limits to be offered there were probably some serious injury there. Communicating with your insurance company’s attorney for answers is where you should start. Good luck and this is what happens when insurance company adjusters get to make decisions without really needing to consult with the policyholder.
Sadly, it’s often your insurance company that may not be providing the plaintiff with full disclosure that indeed the amount being offered is the policy limit. Also, for the policy limits to be offered there were probably some serious injury there. Communicating with your insurance company’s attorney for answers is where you should start. Good luck and this is what happens when insurance company adjusters get to make decisions without really needing to consult with the policyholder.
Q: I was injured physically during a mammogram after X-rays a & MRI I have a superior labral tear in my shoulder
1 Answer
| Asked
in
Personal Injury, Products Liability and Medical Malpractice
for
New Jersey
on
Answered on Dec 13, 2018
Answered on Dec 13, 2018
Timur Akpinar's answer
Consult with a medical practice attorney in New Jersey. An attorney could request your medical records and examine the matter in greater detail.
Tim Akpinar
Consult with a medical practice attorney in New Jersey. An attorney could request your medical records and examine the matter in greater detail.
Tim Akpinar
Q: Left personal property behind in nevada hotel room. Staff say nothing has been found since april 2018
Wesley Winsor's answer
I am not sure that you posited a question. I will try to answer what you might be asking and that is whether a hotel is liable to disclose or facilitate the return of property left at their hotel by tenants if the tenant reports that it was left there.
The hotel's position is that there was nothing found. This would be extremely difficult to prove that the hotel is responsible especially if they had rented the same room again after you had left. If you wanted to sue them, you would...
I am not sure that you posited a question. I will try to answer what you might be asking and that is whether a hotel is liable to disclose or facilitate the return of property left at their hotel by tenants if the tenant reports that it was left there.
The hotel's position is that there was nothing found. This would be extremely difficult to prove that the hotel is responsible especially if they had rented the same room again after you had left. If you wanted to sue them, you would...
Q: Does homeowners insurance cover medical bills of friends who get injured on your property, or is there a limitation to
Timur Akpinar's answer
I don't practice in Michigan but your question remains open for 3 weeks. In general, a homeowner's policy should cover medical bills. There can be limitations, such as if a contractor was performing work, the carrier could issue a denial on the grounds that it would be a workers' comp matter. You could check the terms of your policy. If you want to submit the claim and it is denied, you could consult with a Michigan attorney who could advise more meaningfully after reviewing policy.
Tim...
I don't practice in Michigan but your question remains open for 3 weeks. In general, a homeowner's policy should cover medical bills. There can be limitations, such as if a contractor was performing work, the carrier could issue a denial on the grounds that it would be a workers' comp matter. You could check the terms of your policy. If you want to submit the claim and it is denied, you could consult with a Michigan attorney who could advise more meaningfully after reviewing policy.
Tim...
Q: If an employee injuries me due to their own negligence, does that mean the employer is off the hook, liability-wise?
James J. Hux's answer
You could potentially still file a claim for workers' compensation against your employer. You should speak with a workers' compensation attorney to see if you have a viable case.
Attorney James J. Hux
Hux Law Firm, LLC
You could potentially still file a claim for workers' compensation against your employer. You should speak with a workers' compensation attorney to see if you have a viable case.
Attorney James J. Hux
Hux Law Firm, LLC
Q: Does the Fifth Amendment ever apply in personal injury cases?
Charles M. Baron's answer
Your question is vague as to which aspect of the Fifth Amendment you mean. I suppose you're talking about the right to keep silent/not incriminate yourself. If so, yes, someone giving testimony in any kind of case, be it criminal or civil (including personal injury), can take the Fifth.
Your question is vague as to which aspect of the Fifth Amendment you mean. I suppose you're talking about the right to keep silent/not incriminate yourself. If so, yes, someone giving testimony in any kind of case, be it criminal or civil (including personal injury), can take the Fifth.
Q: I informed my landlord about a crack in the steps leading up to my unit but he never did anything about it. I
Jay Braddock Jackson's answer
Probably not. Since you had notified your landlord, that shows that you were aware that the crack was there prior to your fall. Being aware of a dangerous condition and choosing to use that route anyway, MAY be considered to be negligent on your part. While this does not diminish your landlord's negligence at all, the law in Virginia essentially says that if you share any of the negligence in an accident, even as little as 1%, you are barred from a recovery. Since these steps led to your unit,...
Probably not. Since you had notified your landlord, that shows that you were aware that the crack was there prior to your fall. Being aware of a dangerous condition and choosing to use that route anyway, MAY be considered to be negligent on your part. While this does not diminish your landlord's negligence at all, the law in Virginia essentially says that if you share any of the negligence in an accident, even as little as 1%, you are barred from a recovery. Since these steps led to your unit,...
Q: What types of situations would a police officer who hit my car with his not have governmental immunity?
Anna Aleksander's answer
Normally if this was an accident due to negligence there would not be immunity and they typically would not invoke any immunity for tort liability.
Normally if this was an accident due to negligence there would not be immunity and they typically would not invoke any immunity for tort liability.
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.
