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

3 Answers | Asked in Personal Injury for Pennsylvania on
Answered on Feb 16, 2019
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.

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?

2 Answers | Asked in Car Accidents and Personal Injury for Indiana on
Answered on Feb 15, 2019
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...

Q: I want to file a civil law suit against my ex who raped me. Do statute of limitations apply?

1 Answer | Asked in Civil Rights and Personal Injury for California on
Answered on Feb 14, 2019
William John Light's answer
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
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/

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
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.

Q: Can i file a claim if an unreported superficial injury at work is exasperated by the daily job routine?

1 Answer | Asked in Personal Injury and Health Care Law for Texas on
Answered on Feb 13, 2019
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.

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

1 Answer | Asked in Personal Injury for Mississippi on
Answered on Feb 13, 2019
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.

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
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.

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
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.

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
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...

Q: I was watching a friends dog and took them outside some kids started yelling and he got scared broke free and bit one

1 Answer | Asked in Personal Injury for New Jersey on
Answered on Feb 9, 2019
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.

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
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

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
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...

Q: I had my rv parked on private property without the owners knowledge. The owner tows my rv damaging it in the process

1 Answer | Asked in Personal Injury for California on
Answered on Feb 7, 2019
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.

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?

3 Answers | Asked in Personal Injury for Texas on
Answered on Feb 7, 2019
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.

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
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.

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
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...

Q: I was at-fault in a car accident last year. I am a California resident.

3 Answers | Asked in Personal Injury for California on
Answered on Feb 5, 2019
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....

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.