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Personal Injury Questions & Answers
Q: What is criteria to file a malpractice claim in the state of Indiana?

The doctor misdiagnosed my injury, delayed my treatment, and altered my restriction paperwork with my knowledge. Which I believe all of these act to be intentional base on audio recordings of our conversation ( the doctors contradictions on treatment) this was all due to my former employer who... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 28, 2022

An Indiana attorney could advise best, but your question remains open for a week. Until you have a meaningful consult with an Indiana attorney based on state-specific elements of law, the criteria for med mal claims are fairly standard throughout the nation in the most general sense. The criteria... Read more »

1 Answer | Asked in Personal Injury for Washington on
Q: If my sister had a pending lawsuit and died 2 days before' what happens to her awarded amount
Egan Patrick Kilbane Esq
Egan Patrick Kilbane Esq answered on Jan 28, 2022

I am extremely sorry for your loss, and offer my heartfelt condolences.

Unfortunately, without more specific facts this question is impossible to answer (e.g. your sister died 2 days before what, specifically?). It sounds as if there may be serious time-sensitive concerns so I encourage...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Personal Injury for Tennessee on
Q: what can do when a neighbor cut down established trees and shrubbery on my property?

He had a boundary marker but he took it down and encroached on my property about 15 ft. taking down most of the boundary that took 15 years to establish. What can I do about it?

Mr. James Charles Wright
Mr. James Charles Wright answered on Jan 28, 2022

If your neighbor trespassed onto your property and removed landscaping; trees- the neighbor would be liable for damages for this.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Louisiana on
Q: searching for an attorney to file a writ of mandamus
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 28, 2022

Justia is not a lawyer referral service.

1 Answer | Asked in Personal Injury for Connecticut on
Q: If I sprained my ankle due to an unsalted sidewalk at McDonald's is McDonald's liable to pay my ambulance ride and bills

I went to my local McDonald's yesterday around 5:30 in the afternoon it's been between 30-35°f so the ice is melting off the roof and freezing onto the sidewalk. And because of covid they only have one entrance. I ordered curbside but they took about 30 min so I decided to go inside and... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 27, 2022

A Connecticut attorney could advise best, but your question remains open for a week. It could depend on the outcome of the investigation of the accident. Property owners and businesses could have their own policies and procedures for handling accidents that occur on their premises. If you are... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Products Liability for Kentucky on
Q: looking to recover gambling loses in kentucky. 30k+

I read where Ive got 5 yrs to sue winner of my gambling transactions.

Kentucky Gaming Laws

Code Section

528.010; 230.010 If any person loses to another at one (1) time, or within twenty-four (24) hours, five dollars ($5) or more, or anything of that value, and pays,... Read more »

Andre Fereole Regard
Andre Fereole Regard answered on Jan 27, 2022

Your ablility to recover will in part depend on the type of gaming activity in Kentucky.

1 Answer | Asked in Personal Injury and Medical Malpractice for Kentucky on
Q: How can a doctor diagnose me with a chronic disease and give me medication daily for 8 years and not be liable.

Now he informs me that I don’t have Lupus but I am still sick and got several drs I have to see for medical issues. I know that taking medicine I shouldn’t of been taking has contributed to these issues. Nobody wants to help me with my case.

Anna Aleksander
Anna Aleksander answered on Jan 25, 2022

In order to file a medical malpractice action you must prove that your doctor committed an error and was negligent in doing so. Misdiagnosis is an error. Further that damage or injury was caused by the negligence. Causation and damages should be established via expert medical testimony. Be... Read more »

2 Answers | Asked in Consumer Law, Personal Injury and Car Accidents for New York on
Q: a person hit my condo and caused an excess of damages above limits of there policy. How do I know there worth

It was considered there fault abs a lot of stress as it is taking extra long to complete because mgmt is failed to progress as well. It’s been 7 months abs still not complete- only a 2 month job.

Tim Akpinar
Tim Akpinar answered on Jan 25, 2022

Investigators are generally able to identify those things, but in the absence of injuries, building/property policies could sometimes offer higher policy limits than vehicle policies carrying minimum statutory limits. Good luck

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2 Answers | Asked in Personal Injury, Traffic Tickets and Small Claims for Illinois on
Q: Acciden w/ an at fault driver w/ no insurance, pleading not guilty and has a B trial w/ lawyer. Should I get lawyer 2?

There was only property damage. I only have uninsured bodily damage, not property. I was never contacted to go to court, but I went for the first appearance and was told if I didn't show up for the trial, the other drivers case would be dismissed. Shouldn't the officer be there to testify... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 25, 2022

Unless the officer witnessed the accident/collision he has no personal knowledge of how the accident occurred-----that is why you would need to testify at the trial on the traffic ticket. You can contact a lawyer in your area to discuss the pros and cons of attending the trial on the traffic... Read more »

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1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice on
Q: I got HURT by hospital in New Jersey. Now I live in New york.which court should I go to to file for my complaint?
Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 25, 2022

You are safe if you file in New Jersey but since these matters are complicated, you should consult with an injury lawyer or lawyers and specifically discuss your case with them and ask your questions (such as where to file) and then hire the lawyer with whom you are most comfortable. Good luck.

1 Answer | Asked in Personal Injury for Washington DC on
Q: what do I do when my attorney says he wants to withdraw as counsel
Tim Akpinar
Tim Akpinar answered on Jan 24, 2022

A District of Columbia attorney could advise best, but your question remains open for two weeks. As a general rule, attorneys do withdraw from representation, and clients do discharge attorneys. There are settings where court approval can sometimes be required. If you seek new counsel, make it... Read more »

3 Answers | Asked in Personal Injury for Indiana on
Q: Had accident in dump truck I own 4 months after divorce filed is X entitled to any money I receive because of accident
John Paul Young
John Paul Young answered on Jan 24, 2022

This answer is based on Indiana Law.

If you are asking whether your ex spouse is entitled to any money for the damage to the dump truck, that depends. If her name is on the title then yes the spouse would be entitled to funds commensurate with the spouse's ownership interest in the...
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1 Answer | Asked in Civil Litigation and Personal Injury for Arizona on
Q: My mom wants 20k because I "ruined her life" by existing and injured her 7 years ago (conflict resolved). Am I liable?

I am currently in the process of moving out (getting kicked out, choosing not to go through eviction) and my mother is demanding 20k. I am 24, COVID hit hard. Mom has cited that it's because I injured her when I was 17/18. I had hit her with an ipad during a time when I was mentally unstable... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jan 23, 2022

There's a two-year statute of limitations for her to bring a lawsuit over you hitting her with an iPad. Since she didn't file within those two years, she is past the deadline. If she file, you should file a Motion to Dismiss.

As for all other issues you raise, the two of you...
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2 Answers | Asked in Car Accidents and Personal Injury for Ohio on
Q: Am I entitled to my lost wages due to time off because of medical related to a car accident

I was passenger of the vehicle not at fault we were parked and parking spot at a convenient store. A commercial box truck slammed into us so hard they totaled the car we we were in. Me and the driver went to the ER my friend was off work 3 days with wip lash. During a MRI we found a brain aneurysm... Read more »

Cory D. Raines
Cory D. Raines answered on Jan 23, 2022

Under Georgia law, those that are injured through no fault of their own may be entitled to damages, which includes compensation for pain and suffering, medical bills, and lost wages. The insurance company will be responsible for paying out these sums and will most certainly try to limit their... Read more »

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1 Answer | Asked in Personal Injury for Georgia on
Q: Early this year I noticed mold and what appeared to be black mold in my office at work. Reported it. Nothing done.

Early this year I noticed mold and what appeared to be black mold in my office at work. Prior to that and after that I've had tons of respiratory problems including coughing, sore throat, shortness of breath, headache etc. In June, I reported the mold to my director both in my office and the... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 23, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. Based on your description, this looks like it arose in the course of your employment. One option is to see if you could arrange a free initial consult with a Georgia workers' comp attorney. It's possible... Read more »

2 Answers | Asked in Car Accidents, Personal Injury, Construction Law and Small Claims for California on
Q: Family and I were in a car accident caused by the city. what do we do?

The city was working on a traffic light. Causeed another vehicle to hit us.

William John Light
William John Light answered on Jan 23, 2022

If you are hurt, see a doctor. Then contact an attorney. If you don't need medical attention, you probably don't have a case worth pursuing. You have 6 months to file a Tort Claim with the City, which is a requirement before filing a lawsuit. When you talk to an attorney, be prepared.... Read more »

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1 Answer | Asked in Family Law and Personal Injury for California on
Q: I want a case sherardized. How can I do that here?
Theodore Allan Greene
Theodore Allan Greene answered on Jan 22, 2022

You might try finding your county law library they usually have great resources for someone who doesn't have an attorney and it's free for most things. Otherwise you might find someone offering help with legal documents. But your best option is to buy some time with an attorney who should... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: If I give an employee explicit permission to use my personal vehicle does that imply anyone else permission to use auto?

Can employee give anyone else permission to use vehicle.

Tim Akpinar
Tim Akpinar answered on Jan 21, 2022

The simple answer is that express permission to one person would often mean they are the person permitted to use the vehicle. But depending on the relationship, level of friendliness, stating something to the effect that use of vehicle is for company purposes (or personal use as well), mentioning... Read more »

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1 Answer | Asked in Personal Injury for Georgia on
Q: does a dismissal without prejudice require an order to be signed by a judge?
Michael W. Horst
Michael W. Horst answered on Jan 21, 2022

No. An action may be dismissed by the plaintiff, without order or permission of the court, by filing a written notice of dismissal at any time before the first witness is sworn in at a trial.

2 Answers | Asked in Personal Injury and Car Accidents for Arizona on
Q: In car accident cases do lawyers get billing records from the hospital stay if their is one?
Matthew Maerowitz
Matthew Maerowitz answered on Jan 20, 2022

Yes, getting the bills for all your medical records is very important if seeking recovery for damages of related medical treatment. This can sometimes be tedious to do without the help of an attorney and sometimes it is difficult to correctly present a claim if you have one. You should contact a... Read more »

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