Personal Injury Questions & Answers

Q: is There anyway I can receive all of my restitution payment?

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Oklahoma on
Answered on Oct 22, 2018
Keegan Kelley Harroz's answer
You will receive payment after the Defendant makes a payment and it is processed by the state.

Q: What are a couple of questions that should be asked during a screening Interview?

2 Answers | Asked in Personal Injury for California on
Answered on Oct 21, 2018
Thomas A. Grossman's answer
You should ask the prospective attorney the following questions:

How long have you been practicing?

How many personal injury cases have you handled?

Do you take cases on a contingency basis? (if they don't, move on).

Do you advance costs? (This is crucial).

What is the breakdown of your contingency fee"? Is it 30%, 40%, 50%?

Attorneys usually use a sliding scale for fees, such as 30% if the case settles quickly; 40% if suit is filed, and the...

Q: Defendant filed a motion to compel discovery based on his request not when discovery is due.

1 Answer | Asked in Personal Injury for California on
Answered on Oct 21, 2018
Dale S. Gribow's answer
much more info needed.

do you have a lawyer? if so that is the person you should ask.

are you suing someone pro per?

the court would make a determination of how to treat an answer by that is not timely.

Q: Do you always get pain and suffering in an award?

1 Answer | Asked in Personal Injury for Delaware on
Answered on Oct 21, 2018
Timur Akpinar's answer
It depends on the case. Pain and suffering is often a major component of personal injury awards. But there are cases where the damages only involve “economic losses,” comprised of things such as lost wages, medical bills, property damage, etc.

Tim Akpinar

Q: Hello stipulation to continue trial c.option cutoff dates will or not mean in terms of due dates?

1 Answer | Asked in Personal Injury for California on
Answered on Oct 20, 2018
Dale S. Gribow's answer
need more info

everything is controlled by judges ruling. i assume you have a lawyer and you should pose this question to your atty who will know all the facts.

if something is missing in court minutes move to put back On Calendar with a motion for clarification etc

Q: Is there a bike helmet rule in DC? I hit a person, but they weren't wearing a helmet.

1 Answer | Asked in Personal Injury for District of Columbia on
Answered on Oct 20, 2018
Mark Oakley's answer
Not wearing a helmet will not absolve a person from liability for their negligence for hitting that person, nor will it be allowed to be used as an argument to limit the biker’s injuries and right to recover. Same rule applies to not wearing a seat belt. As a safety requirement, the legislative enactment was intended to promote safety, not restrict or limit the right of an injured party to recover damages against a negligent party.

Q: On the highway a motorcycle in front of me wiped out

4 Answers | Asked in Personal Injury for California on
Answered on Oct 19, 2018
Steven M. Sweat's answer
Possibly. From what you describe, it would appear that the majority of fault lies with the truck driver who pulled out and caused the initial collision in violation of California Vehicle Code 21804. However, there MAY be some fault attributable to you for either following too closely (California Vehicle Code 21703) and/or traveling at an unsafe speed (California Vehicle Code 22350). Report this to your auto insurance carrier immediately if you haven't already done so and let them sort this...

Q: Is a cyclist totally at fault if they didn't stop at a stop sign so when I went through I hit him?

3 Answers | Asked in Personal Injury for District of Columbia on
Answered on Oct 19, 2018
Timothy Fizer's answer
You have not provided sufficient details about the accident to prompt a reliable answer. There is no doubt, however, that you should report the incident to your insurance company, in the event the bicyclist decides to make a claim against you for any injuries he sustained.

Q: What do u do i was hit in cross walk ... driver for me into her car and dropped me off after going to the bank no cops

1 Answer | Asked in Car Accidents and Personal Injury for Arizona on
Answered on Oct 19, 2018
Timur Akpinar's answer
If you were injured, you could check with an Arizona attorney what your options are. From the facts given, it doesn’t appear that you got the plate number. Police were not called. If there were any traffic cameras at the crosswalk, an attorney might be able to look into how long their data was stored.

Tim Akpinar

Q: Do I have a case against county jail for having me sleeping on floor now I have bad back pain

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Alabama on
Answered on Oct 19, 2018
Timur Akpinar's answer
You could consult with an Alabama attorney, but it would be a difficult case. The attorney would likely want to see medical records to substantiate the pains described.

Tim Akpinar

Q: Can I sue the state for renewing the license of an older person who hit me - they shouldn't have been driving.

2 Answers | Asked in Personal Injury for Indiana on
Answered on Oct 18, 2018
Chase T Wilson's answer
You can sue them, but the chances of that suit being successful are quite low given the immunity granted to government entities in Indiana. You'll also have the Indiana Tort Claims Notice to deal with. The best route is to pursue an insurance claim and possible a lawsuit against the at-fault driver.

Q: Do I have a suit

1 Answer | Asked in Personal Injury, Civil Rights and Medical Malpractice for Pennsylvania on
Answered on Oct 18, 2018
Peter Munsing's answer
If you can show there was an injury. Technically you do, but whether it's worth bringing depends on whether there was an injury. Contact an attorney for the county where it happened.

Q: My car accident was in New Jersey and the other car involved is from there -

1 Answer | Asked in Personal Injury for Pennsylvania on
Answered on Oct 18, 2018
Peter Munsing's answer
No though New Jersey is a "verbal threshold " case. You need to contact a member of the NJAssn for Justice for the county where it happened. If you don't know anyone let me know (phone) and I can find someone for you (I'm an NJAJ member, but not a NJ attorney).

Q: I was hurt on an accident at work involving a bobcat workman's comp picked up I am still injured now that I am to head

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Arkansas on
Answered on Oct 18, 2018
Peter Munsing's answer
Depending on what happened you may have a claim against the Bobcat manufacturer. As to the work issue speak with your attorney that handled your comp claim.

Q: I was thrown from a horse drawn carriage at a couples retreat company. Can I hold the owner liable?

1 Answer | Asked in Personal Injury for Indiana on
Answered on Oct 18, 2018
Peter Munsing's answer
Possibly depends on the circumstances.Contact a member of the Indiana Assn for Justice for the county where it happened--they give free consults.

Q: Can I sue my old pastor for intentional infliction of mental distress for being forced through conversion therapy?

1 Answer | Asked in Personal Injury and Civil Rights for Georgia on
Answered on Oct 18, 2018
Peter Munsing's answer
Possibly but unlikely.Contact a member of the Ga. Trial Lawyers association --they give free consults. Look for

someone who handles church related claims.

Q: I have MS and a number of physical disabilities.... however....the man who lives in the same home with me stomped me .

1 Answer | Asked in Personal Injury for Virginia on
Answered on Oct 18, 2018
Peter Munsing's answer
You should contact a Legal Services office to find out if there is a disabilty rights center in your state. You should contact the police and make the statement.

Q: What should I do in this situation of personal injury case? I am the plaintiff and I am Pro Se

1 Answer | Asked in Personal Injury for New York on
Answered on Oct 18, 2018
Peter Munsing's answer
Your bigger issue is one you didn't ask about--are there "statutory liens" for the medical care you needed.

As to your question it refers to court costs.

Here's the deal--you're hurt, insurance company pays bills, but as a result that company may, under your state's law, have a right to make a claim--called a subrogation claim.

So you need to check with an attorney who is a member of the NYState Trial Lawers Association.

If you are receiving income based...

Q: Is there any case law that would support a claim against a Homeowner's Insurer for personal injury of a disabled adult?

1 Answer | Asked in Personal Injury, Civil Rights and Insurance Bad Faith for Florida on
Answered on Oct 18, 2018
Peter Munsing's answer
Possibly though a lot will depend on the duty owed by a contracting engineer especially if their scope was just structural, not enviornmental. Contact a member of the Fla Justice Association--they give free consults. Look for one that handles mold cases.

Q: My partner was diagnosed with leukemia after working with Benzene for 21 years. Why can't we find a lawyer?

1 Answer | Asked in Personal Injury and Products Liability for Washington on
Answered on Oct 18, 2018
Peter Munsing's answer
Good for you for looking.

Short answer: extremely expensive to prove in court, and the Supreme Court made it very difficult especially if the problem (leukemia) is something that can be caused by just .....being.

Second problem is the statute of limitations issue in your state.

Suggest you try Ciresi Conlin 612-361-8200

Before you call have handy a chronology--dates of exposure, locations, names of any products containing the benzene etc.

If they can't...

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.