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Personal Injury Questions & Answers
Q: In a personal injury case, I'm being sued, can they take my military disability compensation income? Or retired income?
Joanne Reisman's answer
i would hope that you have car insurance and your insurance company is defending you. The majority of these case will settle at or below your policy limits assuming you have insurance. If the damages were very severe and could exceed your policy limits you could be at risk.
You can discuss your risk exposure with an experienced personal injury Attorney (who can explain how your insurance should work to protect you) and with an experienced bankruptcy Attorney who can discuss whether...
i would hope that you have car insurance and your insurance company is defending you. The majority of these case will settle at or below your policy limits assuming you have insurance. If the damages were very severe and could exceed your policy limits you could be at risk.
You can discuss your risk exposure with an experienced personal injury Attorney (who can explain how your insurance should work to protect you) and with an experienced bankruptcy Attorney who can discuss whether...
Q: Is this not a classic, text book case of patient abandonment at a most crucial moment?
2 Answers
| Asked
in
Personal Injury and Medical Malpractice
for
California
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Thomas A. Grossman's answer
I don't blame the doctor for refusing to treat you further. You asked for a problem by going and eating shortly after major surgery. Any claim that stems from this incident will looked at largely as your fault (what they call "comparative negligence.)"
I don't blame the doctor for refusing to treat you further. You asked for a problem by going and eating shortly after major surgery. Any claim that stems from this incident will looked at largely as your fault (what they call "comparative negligence.)"
Q: If I make a group invitation to other families to go on outings together, am I personally liable should something happen
Mr. James Charles Wright's answer
Way to go- homeschooling Mom! There are some risks with being the "organizer." Is there any way your home school coop could sponsor (it likely has insurance) and you could be the volunteer that helps organize? In any event if you are going to put these groups together- use a release. You probably have seen releases before when your child goes on an activity. You need to understand a child cannot waive or release claims and a parent can't release a child's claims either. But a parent...
Way to go- homeschooling Mom! There are some risks with being the "organizer." Is there any way your home school coop could sponsor (it likely has insurance) and you could be the volunteer that helps organize? In any event if you are going to put these groups together- use a release. You probably have seen releases before when your child goes on an activity. You need to understand a child cannot waive or release claims and a parent can't release a child's claims either. But a parent...
Q: My moms property manager is refusing to fix anything in the apartment. Mom injured due to negligence. What can be done?
Thomas A. Grossman's answer
I assume your mother is living in a rental unit, which is run by a property manager. Under California law, you must first request in writing that something that needs repair be fixed. If the landlord does not fix it within a certain amount of time, you can withhold rent. You can also threaten to sue the landlord for "constructive eviction," if the place is so bad that your mother cannot live in it. Finally, if you can prove that your mom's fall over a piece of flooring material was due to...
I assume your mother is living in a rental unit, which is run by a property manager. Under California law, you must first request in writing that something that needs repair be fixed. If the landlord does not fix it within a certain amount of time, you can withhold rent. You can also threaten to sue the landlord for "constructive eviction," if the place is so bad that your mother cannot live in it. Finally, if you can prove that your mom's fall over a piece of flooring material was due to...
Q: I received a MC-053 from my attorney. Its not my fault..what to do now?
Thomas A. Grossman's answer
The mere fact that your lawyer served the MC-053 on you tells me that you are better off getting a new attorney. Since you have not given any facts as to what kind of case you are talking about, I can't tell you much more. If it was taken on a contingency you can just walk away. If you owe fees to your lawyer, you may have to deal with that.
The mere fact that your lawyer served the MC-053 on you tells me that you are better off getting a new attorney. Since you have not given any facts as to what kind of case you are talking about, I can't tell you much more. If it was taken on a contingency you can just walk away. If you owe fees to your lawyer, you may have to deal with that.
Q: What if both of you did something wrong in an accident - who is at fault?
Eric Todd Kirk's answer
Both. Unlike most states, Maryland does not employ comparative fault concepts.
Both. Unlike most states, Maryland does not employ comparative fault concepts.
Q: Pool accident -- is the law that every pool needs a fence around it?
Peter Briskin's answer
What type of pool is it? Where is the Pool located? Is it a public or a private pool? It would also be useful to look at local regulations concerning pool barrier requirements.
What type of pool is it? Where is the Pool located? Is it a public or a private pool? It would also be useful to look at local regulations concerning pool barrier requirements.
Q: How long ussually a case take after fillings
1 Answer
| Asked
in
Personal Injury, Animal / Dog Law and Civil Rights
for
New York
on
Answered on Aug 10, 2018
Answered on Aug 10, 2018
Peter Briskin's answer
This is a very difficult question to answer. Duration of the litigation process varies from case to case. It depends on a number of factors including how many parties are involved in the lawsuit, the complexity of the issues involved, The cooperation of counsel for the parties as well as the county the case is venued in, among other things. In certain situations there may be a preference that is applicable depending on the plaintiff which would accelerate the time for trial once discovery...
This is a very difficult question to answer. Duration of the litigation process varies from case to case. It depends on a number of factors including how many parties are involved in the lawsuit, the complexity of the issues involved, The cooperation of counsel for the parties as well as the county the case is venued in, among other things. In certain situations there may be a preference that is applicable depending on the plaintiff which would accelerate the time for trial once discovery...
Q: If you are injured in a motorcycle accident but weren't wearing a helmet can that hurt your case?
Steve McCann's answer
It certainly possible that not wearing a helmet in a motorcycle accident, but the affect of that fact is dependent on specific facts that are not provided here, such as the nature and extend of your injuries.
More importantly, do you have an attorney representing you in this matter? If you do not, you should retain one immediately. Do not make any statements until you are represented by counsel. Many of us offer free consultations, and will represent you on a contingent basis, so...
It certainly possible that not wearing a helmet in a motorcycle accident, but the affect of that fact is dependent on specific facts that are not provided here, such as the nature and extend of your injuries.
More importantly, do you have an attorney representing you in this matter? If you do not, you should retain one immediately. Do not make any statements until you are represented by counsel. Many of us offer free consultations, and will represent you on a contingent basis, so...
Q: Can I take them out?
1 Answer
| Asked
in
Consumer Law, Contracts, Personal Injury and Real Estate Law
for
Florida
on
Answered on Aug 10, 2018
Answered on Aug 10, 2018
Terrence H Thorgaard's answer
I believe that they are lying to you and that you can sue to evict them.
I believe that they are lying to you and that you can sue to evict them.
Q: Can my commander make me cancel a medical appointment for field training?
Douglas Lee Bryan's answer
Because your question deals with the military, I would suggest you speak with someone in the JAG office.
Because your question deals with the military, I would suggest you speak with someone in the JAG office.
Q: How long do you have to file a lawsuit against the other driver in a car accident?
Adam Michael Russell's answer
The answer is more complicated than it may seem. If you accident is in KY, and you have not rejected the provisions of Kentucky's Motor Vehicle Reparations Act ("MVRA"), then you usually have two years from the crash or two years from the date of the last PIP payment under the MVRA. There are many exceptions. For example, a spouse's claim for loss of consortium is not extended by the MVRA and must be filed within one year. Also, a PIP payment that is a "replacement" payment does not extend...
The answer is more complicated than it may seem. If you accident is in KY, and you have not rejected the provisions of Kentucky's Motor Vehicle Reparations Act ("MVRA"), then you usually have two years from the crash or two years from the date of the last PIP payment under the MVRA. There are many exceptions. For example, a spouse's claim for loss of consortium is not extended by the MVRA and must be filed within one year. Also, a PIP payment that is a "replacement" payment does not extend...
Q: What is the statue of limitations on a wrongful death claim against san bernardino county, ca?
Manuel Alzamora Juarez's answer
Normally, a claim against a governmental agency must be lodged within six months of the injury. In some instances, the agency may allow the plaintiff to file a complaint but it is rare. Please consult with a lawyer near you to find out if you qualify for an exception. Best of luck.
Normally, a claim against a governmental agency must be lodged within six months of the injury. In some instances, the agency may allow the plaintiff to file a complaint but it is rare. Please consult with a lawyer near you to find out if you qualify for an exception. Best of luck.
Q: Drunk driver crosses intersection on red light, hits a motorcycle teen thief on green light with stolen guitar ?
2 Answers
| Asked
in
Car Accidents, Personal Injury and Wrongful Death
for
California
on
Answered on Aug 8, 2018
Answered on Aug 8, 2018
Thomas A. Grossman's answer
The Boy gets arrested. The drunk driver gets arrested. The police officer probably gets suspended or simply reprimanded, depending on the circumstances. Since the boy/thief initiated the chain of events, he may have a claim against the drunk driver, but since he was committing a crime, he might be barred from collecting any damages.
The Boy gets arrested. The drunk driver gets arrested. The police officer probably gets suspended or simply reprimanded, depending on the circumstances. Since the boy/thief initiated the chain of events, he may have a claim against the drunk driver, but since he was committing a crime, he might be barred from collecting any damages.
Q: Is it legal for people to yell in others' ears? It hurts.
Stefan Dunkelgrun's answer
Yelling can be considered assault, depending on the circumstances. However, if you resort to violence, it will be very difficult to claim self-defense
Yelling can be considered assault, depending on the circumstances. However, if you resort to violence, it will be very difficult to claim self-defense
Q: Why is my insurance company paying?
Anna Katherine Stone's answer
If you are a FL resident and own a vehicle then the first $10,000 in medical is paid by PIP which is under your personal policy. It’s no fault insurance. I encourage you to speak to your attorney.
If you are a FL resident and own a vehicle then the first $10,000 in medical is paid by PIP which is under your personal policy. It’s no fault insurance. I encourage you to speak to your attorney.
Q: Can I amend lawsuit that's been filed already and get a default judgment?
1 Answer
| Asked
in
Family Law, Personal Injury, Civil Litigation and Domestic Violence
for
Florida
on
Answered on Aug 6, 2018
Answered on Aug 6, 2018
Terrence H Thorgaard's answer
You have a choice: either go for a default judgment; or amend your complaint, get him served with the amended complaint, and see if he responds to that. You cannot file another lawsuit for the PTSD; it would normally be considered part of your first lawsuit.
You have a choice: either go for a default judgment; or amend your complaint, get him served with the amended complaint, and see if he responds to that. You cannot file another lawsuit for the PTSD; it would normally be considered part of your first lawsuit.
Q: My fiance s missing for 14 days upon abduction or run away the whole ordeal cop has falsified 5150 impounded my truck go
2 Answers
| Asked
in
Personal Injury, Civil Rights and Gov & Administrative Law
for
California
on
Answered on Aug 5, 2018
Answered on Aug 5, 2018
Dale S. Gribow's answer
much more info needed.
i assume the 5150 3 day mental hold was for you?
under no circumstances should you talk to anyone without the guidance of a criminal lawyer
much more info needed.
i assume the 5150 3 day mental hold was for you?
under no circumstances should you talk to anyone without the guidance of a criminal lawyer
Q: Can I sue Safeway grocery store for selling meat with maggots?
Dale S. Gribow's answer
need more info
you can always sue anyone for anything. The question is will you recover.
in part that depends on proof. Did you save the meat? take it back to the market and fill out a claim? do you have a copy of the receipt?
did you see a doctor? if you feel you can not eat meat again maybe you should see a psych to document all this.
need more info
you can always sue anyone for anything. The question is will you recover.
in part that depends on proof. Did you save the meat? take it back to the market and fill out a claim? do you have a copy of the receipt?
did you see a doctor? if you feel you can not eat meat again maybe you should see a psych to document all this.
Q: I just started a new job. Day 1 I get a blowout. Day 2 I notice a battery drain and missing tread on the tire...
2 Answers
| Asked
in
Car Accidents, Personal Injury and Employment Law
for
California
on
Answered on Aug 5, 2018
Answered on Aug 5, 2018
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