Personal Injury Questions & Answers by State
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Personal Injury Questions & Answers
Q: My mother and girlfriend own a house together. I slipped on ice and broke me ankle requiring surgery. Can I sue
Cary B. Hall's answer
I suggest first making a claim with their homeowner's insurance, and see where things go from there. If you're not satisfied with the settlement offer, then you could sue your mother and girlfriend, and the insurance company would defend the lawsuit -- and ultimately pay for any civil verdict you obtain up to policy limits.
I also suggest you sit down with a personal injury attorney to discuss your options more fully. Best of luck to you.
I suggest first making a claim with their homeowner's insurance, and see where things go from there. If you're not satisfied with the settlement offer, then you could sue your mother and girlfriend, and the insurance company would defend the lawsuit -- and ultimately pay for any civil verdict you obtain up to policy limits.
I also suggest you sit down with a personal injury attorney to discuss your options more fully. Best of luck to you.
Q: 3 car bumper to bumper accident on interstate. No traffic. I was the 3rd vehicle. Now I’m being sued. How liable am I?
John Paul Young's answer
The first thing you need to do is take a deep breath, everything is going to be fine. Second, deliver the summons and the complaint to your liability insurance company immediately. The insurance company has a contractual obligation to defend you and to indemnify you. (This means pay any judgment that might be entered against you up to the limit of your liability coverage).
The complaint may state "permanent injury" but the the extent of the claimant's injury will be determined...
The first thing you need to do is take a deep breath, everything is going to be fine. Second, deliver the summons and the complaint to your liability insurance company immediately. The insurance company has a contractual obligation to defend you and to indemnify you. (This means pay any judgment that might be entered against you up to the limit of your liability coverage).
The complaint may state "permanent injury" but the the extent of the claimant's injury will be determined...
Q: I want to file a civil law suit against my ex who raped me. Do statute of limitations apply?
William John Light's answer
The statute of limitations for sexual battery is 3 years. Talk to an attorney asap.
The statute of limitations for sexual battery is 3 years. Talk to an attorney asap.
Q: I suffer from chronic debilitating migraines and have been admitted to the e.r. multiple times for symptoms triggered
3 Answers
| Asked
in
Personal Injury, Products Liability and Landlord - Tenant
for
California
on
Answered on Feb 14, 2019
Answered on Feb 14, 2019
William John Light's answer
File a complaint with the Dept. of Fair Employment & Housing. Your fragrance sensitivity might be a disability that requires reasonable accommodation. https://www.dfeh.ca.gov/complaint-process/file-a-complaint/
File a complaint with the Dept. of Fair Employment & Housing. Your fragrance sensitivity might be a disability that requires reasonable accommodation. https://www.dfeh.ca.gov/complaint-process/file-a-complaint/
Q: My 9 yr old was slammed on his back twice by bs gym teacher
1 Answer
| Asked
in
Criminal Law, Personal Injury and Education Law
for
Tennessee
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Mr. Kent Thomas Jones Esq.'s answer
From my experience with DCS, they are fairly active in cases like this. Your other alternative is to file a lawsuit against everybody involved: the school principal, the gym teacher, the school and anyone else involved. When you are dealing with a school system, there may be initial administrative hurdles to overcome first. It will be too complicated to do yourself. You should find an attorney that will consult with you on price and approach.
From my experience with DCS, they are fairly active in cases like this. Your other alternative is to file a lawsuit against everybody involved: the school principal, the gym teacher, the school and anyone else involved. When you are dealing with a school system, there may be initial administrative hurdles to overcome first. It will be too complicated to do yourself. You should find an attorney that will consult with you on price and approach.
Q: Can i file a claim if an unreported superficial injury at work is exasperated by the daily job routine?
Daniel John Christensen's answer
I am sorry to hear about what you have gone through. A lot of my advice would depend on whether your employer subscribes to worker's compensation insurance. Please contact our office for a free consultation and we can give you the advice you need. 512-888-9999. We look forward to speaking to you.
I am sorry to hear about what you have gone through. A lot of my advice would depend on whether your employer subscribes to worker's compensation insurance. Please contact our office for a free consultation and we can give you the advice you need. 512-888-9999. We look forward to speaking to you.
Q: If a person falls on a business property and result in death and have no insurance at time of accident what step can I
Arthur Calderon's answer
You need to get with an attorney ASAP, as this is a premises liability law suit and wrongful death action, and certain steps need to be followed to gather as much information on the front end as possible. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most lawyers, including myself, offer free consultations to see what we can do to help out.
You need to get with an attorney ASAP, as this is a premises liability law suit and wrongful death action, and certain steps need to be followed to gather as much information on the front end as possible. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most lawyers, including myself, offer free consultations to see what we can do to help out.
Q: I was detained while in line paying for gas. I was accused of give a fake 20$ to the clerk. I asked to see the money was
1 Answer
| Asked
in
Criminal Law, Personal Injury, Civil Rights and Constitutional Law
for
Texas
on
Answered on Feb 12, 2019
Answered on Feb 12, 2019
Daniel John Christensen's answer
I am sorry to hear about your experience. I would suggest you contact a Board-Certified Criminal lawyer as soon as you can. We are Board Certified lawyers, however, we handle personal injury matters. If we can ever help you, please feel free to give us a call. 512-888-9999. Good luck.
I am sorry to hear about your experience. I would suggest you contact a Board-Certified Criminal lawyer as soon as you can. We are Board Certified lawyers, however, we handle personal injury matters. If we can ever help you, please feel free to give us a call. 512-888-9999. Good luck.
Q: Looking for guidance and general information on filing tort claims against a federal agency for negligence.
1 Answer
| Asked
in
Gov & Administrative Law and Personal Injury
for
Texas
on
Answered on Feb 10, 2019
Answered on Feb 10, 2019
Rahlita D. Thornton's answer
There are time limitations for notifying government entities of your claim. Since these facts are not detailed I will offer an example of a time limit...6 months could be your cutoff date to notify them. You may be barred if you wait around for the typical 2 year statute of limitations for accidents. Consult an attorney asap to prevent any complaints that you have from being barred. Good luck.
There are time limitations for notifying government entities of your claim. Since these facts are not detailed I will offer an example of a time limit...6 months could be your cutoff date to notify them. You may be barred if you wait around for the typical 2 year statute of limitations for accidents. Consult an attorney asap to prevent any complaints that you have from being barred. Good luck.
Q: My son was hit by a car when 7 i settled out of court for a secured cd account for when he turned 18
1 Answer
| Asked
in
Car Accidents, Personal Injury and Banking
for
Arizona
on
Answered on Feb 10, 2019
Answered on Feb 10, 2019
Timur Akpinar's answer
It sounds like you acted with the best of intentions in handling the award. From your description, it looks like you may have settled the case yourself. Even if an attorney was involved in handling the award under an infant comp order, it's hard to say if they would have done better with a more financially fruitful route. Only a financial or investment professional could make that call in hindsight. Whatever is done is done. Maybe the present sum could be discussed with someone at a bank to...
It sounds like you acted with the best of intentions in handling the award. From your description, it looks like you may have settled the case yourself. Even if an attorney was involved in handling the award under an infant comp order, it's hard to say if they would have done better with a more financially fruitful route. Only a financial or investment professional could make that call in hindsight. Whatever is done is done. Maybe the present sum could be discussed with someone at a bank to...
Q: I was watching a friends dog and took them outside some kids started yelling and he got scared broke free and bit one
H. Scott Aalsberg Esq.'s answer
Probably not unless the dog had done this before or some purposeful conduct could be found. If charged get a good lawyer. More of a worry should be a civil lawsuit.
Probably not unless the dog had done this before or some purposeful conduct could be found. If charged get a good lawyer. More of a worry should be a civil lawsuit.
Q: Don't you have to be a felon to be a restricted person? Or have mental illness? Or have some conviction for violence?
1 Answer
| Asked
in
Personal Injury, Civil Rights and Legal Malpractice
for
Utah
on
Answered on Feb 9, 2019
Answered on Feb 9, 2019
Timur Akpinar's answer
You could additionally post this in the Criminal Law section. Criminal law attorneys would be able to provide more meaningful input on the issues mentioned here than personal injury attorneys would.
Tim Akpinar
You could additionally post this in the Criminal Law section. Criminal law attorneys would be able to provide more meaningful input on the issues mentioned here than personal injury attorneys would.
Tim Akpinar
Q: if i was put in jail. i win trial let but i lost everything.what should i do.
1 Answer
| Asked
in
Criminal Law, Personal Injury, Civil Rights and Government Contracts
for
Florida
on
Answered on Feb 8, 2019
Answered on Feb 8, 2019
Charles M. Baron's answer
You question is vague, but you seem to be wondering if you can seek compensation from anyone for being arrested, jailed, and prosecuted. For compensation from law enforcement authorities, the answer is yes, IF there was no probable cause for the arrest and/or no probable cause for the prosecution. However, in almost all cases that go to criminal court trial, the probable cause exists; otherwise, the case likely would never have made it that far. Probable cause means there are facts that...
You question is vague, but you seem to be wondering if you can seek compensation from anyone for being arrested, jailed, and prosecuted. For compensation from law enforcement authorities, the answer is yes, IF there was no probable cause for the arrest and/or no probable cause for the prosecution. However, in almost all cases that go to criminal court trial, the probable cause exists; otherwise, the case likely would never have made it that far. Probable cause means there are facts that...
Q: I had my rv parked on private property without the owners knowledge. The owner tows my rv damaging it in the process
Thomas A. Grossman's answer
I hate to say it but your first sentence is what got you into trouble. You had an obligation to let the owner of the property know that you were using his land for your RV. Also, building a gate and a fence is trespassing on the owner's land. Since I don't know where this all happens, I can't give you any better advice, other than to be sure and find out whose land you are parking on.
I hate to say it but your first sentence is what got you into trouble. You had an obligation to let the owner of the property know that you were using his land for your RV. Also, building a gate and a fence is trespassing on the owner's land. Since I don't know where this all happens, I can't give you any better advice, other than to be sure and find out whose land you are parking on.
Q: My mom fell on a sidewalk next to a restaurant because there were no markings near a step or ramp. Does she have a case?
Rahlita D. Thornton's answer
She may very well have a case. We would be willing to listen to additional facts to determine if such is really a case worth pursuing. If the sidewalk is under the control of the city then the restaurant may have some good arguments for not having to pay. Feel free to contact us at 888-343-4529 for further analysis.
She may very well have a case. We would be willing to listen to additional facts to determine if such is really a case worth pursuing. If the sidewalk is under the control of the city then the restaurant may have some good arguments for not having to pay. Feel free to contact us at 888-343-4529 for further analysis.
Q: If a police officer pull a muscle in your arm doing arrest can you sue him and the police department
3 Answers
| Asked
in
Criminal Law, Personal Injury and Civil Rights
for
Texas
on
Answered on Feb 7, 2019
Answered on Feb 7, 2019
Grant St Julian III's answer
The question of excessive force depends on the circumstances. You may contact a personal injury attorney in your area if you wish to pursue a claim.
The question of excessive force depends on the circumstances. You may contact a personal injury attorney in your area if you wish to pursue a claim.
Q: While walking my 8 year old blue merle collie on a leash my dog was struck by a vehicle-street was clear when crossing
2 Answers
| Asked
in
Animal / Dog Law and Personal Injury
for
Pennsylvania
on
Answered on Feb 6, 2019
Answered on Feb 6, 2019
Michael H. Fienman's answer
Your case can be pursued both criminally and civilly.
With respect to criminal prosecution, it is not your decision whether charges are filed. The local police department that responded to your call and the district attorney for the county in which this incident occurred have complete discretion when it comes to prosecuting the case. To the extent the matter is prosecuted, make sure that the police are aware of the costs incurred at the veterinarian. You may be able to obtain...
Your case can be pursued both criminally and civilly.
With respect to criminal prosecution, it is not your decision whether charges are filed. The local police department that responded to your call and the district attorney for the county in which this incident occurred have complete discretion when it comes to prosecuting the case. To the extent the matter is prosecuted, make sure that the police are aware of the costs incurred at the veterinarian. You may be able to obtain...
Q: I was at-fault in a car accident last year. I am a California resident.
William John Light's answer
Tell your insurance to offer your policy limits to settle the case and that you have no personal assets to add to the settlement, and to communicate to the plaintiff that if an excess judgment is entered against you, you will file for bankruptcy. Your IRA should be protected from creditors in a bankruptcy proceeding, based on a 2005 Supreme Court ruling. https://www.trustetc.com/resources/education/articles/supreme-court-ruling
Confirm with a judgment collection/bankruptcy attorney....
Tell your insurance to offer your policy limits to settle the case and that you have no personal assets to add to the settlement, and to communicate to the plaintiff that if an excess judgment is entered against you, you will file for bankruptcy. Your IRA should be protected from creditors in a bankruptcy proceeding, based on a 2005 Supreme Court ruling. https://www.trustetc.com/resources/education/articles/supreme-court-ruling
Confirm with a judgment collection/bankruptcy attorney....
Q: I was forced off a public sidewalk by a sitting elected town council person while viewing a public event. My recourse?
2 Answers
| Asked
in
Criminal Law, Personal Injury, Civil Rights and Election Law
for
New Jersey
on
Answered on Feb 5, 2019
Answered on Feb 5, 2019
H. Scott Aalsberg Esq.'s answer
Best to speak to a civil rights lawyer rather than a criminal lawyer.
Best to speak to a civil rights lawyer rather than a criminal lawyer.
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