Personal Injury Questions & Answers by State
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Personal Injury Questions & Answers
Q: What should I do with a restaurant I ordered food at that contained a small piece of plastic in it?
Steve McCann's answer
Although traumatic, the injuries you describe are likely not severe enough to justify filing a lawsuit against the restaurant. That said, I certainly recommend following up with a doctor ASAP to determine whether or not there is more damage than seems apparent. The longer you wait, the less likely your chance of recovery. Next, I would consult with a personal injury attorney individually. Many of us offer free consultations and will represent you on a contingent basis if your claim has...
Although traumatic, the injuries you describe are likely not severe enough to justify filing a lawsuit against the restaurant. That said, I certainly recommend following up with a doctor ASAP to determine whether or not there is more damage than seems apparent. The longer you wait, the less likely your chance of recovery. Next, I would consult with a personal injury attorney individually. Many of us offer free consultations and will represent you on a contingent basis if your claim has...
Q: What type of lawyer do i need if i want to file charges of assault and battery against someone?
Eric D. Yost's answer
If you plan on filing a criminal complaint, you will not need a lawyer, per se, to do so. Once you make a criminal complaint, probable cause established and charges placed on an individual, a Commonwealth Attorney will be assigned to prosecute this/these
crime(s). The Commonwealth of Virginia is the responsible party from this point on. You may also have a civil claim against the accused party also. A civil claim involves awards of money; a criminal charge carries the penalty of...
If you plan on filing a criminal complaint, you will not need a lawyer, per se, to do so. Once you make a criminal complaint, probable cause established and charges placed on an individual, a Commonwealth Attorney will be assigned to prosecute this/these
crime(s). The Commonwealth of Virginia is the responsible party from this point on. You may also have a civil claim against the accused party also. A civil claim involves awards of money; a criminal charge carries the penalty of...
Q: I was in involved in a accident on a atv and the driver left the scene but I was charged why?
1 Answer
| Asked
in
Criminal Law, DUI / DWI, Personal Injury and Products Liability
for
Louisiana
on
Answered on Apr 18, 2018
Answered on Apr 18, 2018
Ellen Cronin Badeaux's answer
You need a criminal attorney who also practices personal injury. More details are needed to answer your question.
You need a criminal attorney who also practices personal injury. More details are needed to answer your question.
Q: My cat ran out of the house when the door was opened. She was hit by a car and the driver drove away in PA. Can I sue?
1 Answer
| Asked
in
Car Accidents, Personal Injury and Small Claims
for
Pennsylvania
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Peter Munsing's answer
Not unless you can show he was careless in his driving, in which case you can recover the market value of the cat. Your husband knew what the cat would do and let him escape--it's not some driver's fault.
Not unless you can show he was careless in his driving, in which case you can recover the market value of the cat. Your husband knew what the cat would do and let him escape--it's not some driver's fault.
Q: I had a stroke about one and a half years ago from which I have fully recovered i drive a car with no assistance.
Peter Munsing's answer
No and yes. You protect both of you by having the car in your name, getting it insured, maybe getting an umbrella policy. However first why not speak with an insurance agent and an attorney?
No and yes. You protect both of you by having the car in your name, getting it insured, maybe getting an umbrella policy. However first why not speak with an insurance agent and an attorney?
Q: What do I do when the police report is unable to determine fault for a car wreck?
Peter Munsing's answer
If you were hurt in the wreck call a member of the Texas Trial Lawyers association. Police reports aren't dispositive. Some are bad, some are just odd. Depending on who was where, who had the right of way,what the property damage shows can all make a difference. I've had cases where my client seemed at fault and I was able to recover. If you have collision run it through your company and let them go after the other driver.
Their having a witness support you is very good.
You...
If you were hurt in the wreck call a member of the Texas Trial Lawyers association. Police reports aren't dispositive. Some are bad, some are just odd. Depending on who was where, who had the right of way,what the property damage shows can all make a difference. I've had cases where my client seemed at fault and I was able to recover. If you have collision run it through your company and let them go after the other driver.
Their having a witness support you is very good.
You...
Q: Slip and fall at work back in July 2016 and treated for GAD in 2017 What are my options?
2 Answers
| Asked
in
Employment Law, Personal Injury and Workers' Compensation
for
California
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Domingo Castillo Jr's answer
It might be related. I suggest you speak to a experienced workers comp attorney right away. There are alot of issues and questions. Is your wc case open? Do you have an attorney? At what stage are you in your workers comp claim? Have you seen a QME?...and so on.
It might be related. I suggest you speak to a experienced workers comp attorney right away. There are alot of issues and questions. Is your wc case open? Do you have an attorney? At what stage are you in your workers comp claim? Have you seen a QME?...and so on.
Q: I was hit by a car on my bicycle and the driver told the 911 operator there were no injuries. He knew my knee was hurt
Stan Glisson's answer
If there was a call made to 911, that information can be tracked down. If you have substantial injuries and need financial compensation, then it is worth contacting a lawyer to investigate. There may be reason to pursue criminal charges as well, which a lawyer could certainly help you with.
If there was a call made to 911, that information can be tracked down. If you have substantial injuries and need financial compensation, then it is worth contacting a lawyer to investigate. There may be reason to pursue criminal charges as well, which a lawyer could certainly help you with.
Q: Will my homeowner's insurance cover a person who got bitten by my dog?
Ronald J. Eisenberg's answer
There is a good chance that the answer is yes. Submit a claim to your insurer.
MO Rev Stat § 273.036.
Owner liable, when--fine, amount.
273.036. 1. The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or...
There is a good chance that the answer is yes. Submit a claim to your insurer.
MO Rev Stat § 273.036.
Owner liable, when--fine, amount.
273.036. 1. The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or...
Q: Need insurance law attorney-toxic mold-severe damage to family's health.
1 Answer
| Asked
in
Personal Injury, Products Liability and Construction Law
for
Florida
on
Answered on Apr 14, 2018
Answered on Apr 14, 2018
C.B. Upton's answer
I am sorry to hear about your situation. My law firm handles insurance claim denials. I would be happy to provide you with a free consultation. You can complete the form on our website at www.uptonfirm.com, email us at info@uptonfirm.com, or call me at 850-792-5291.
I am sorry to hear about your situation. My law firm handles insurance claim denials. I would be happy to provide you with a free consultation. You can complete the form on our website at www.uptonfirm.com, email us at info@uptonfirm.com, or call me at 850-792-5291.
Q: How can I find information pertaining to a lawsuit filed against Kmart around 2001/2002. I do not remember the attorney.
Terrence H Thorgaard's answer
Assuming the case was in Lake County, Florida, start by searching here:
https://courtrecords.lakecountyclerk.org/showcaseweb/#/
Assuming the case was in Lake County, Florida, start by searching here:
https://courtrecords.lakecountyclerk.org/showcaseweb/#/
Q: Former Rear Neighbors' Pitbull broke into my home--they have got Stalking Injunction against my daughter and me.
1 Answer
| Asked
in
Criminal Law, Personal Injury, Animal / Dog Law and Civil Rights
for
Florida
on
Answered on Apr 14, 2018
Answered on Apr 14, 2018
Terrence H Thorgaard's answer
How did the dog break into your property? Did it open a gate, or what? Did it attack you?
What does the injunction prohibit you from doing? Unless it prevents you from doing something that you would otherwise want to do, simply obey the injunction and move on. If you are reasonably afraid that these neighbors, or their animal, are going to harm you, get a cross-injunction against them.
How did the dog break into your property? Did it open a gate, or what? Did it attack you?
What does the injunction prohibit you from doing? Unless it prevents you from doing something that you would otherwise want to do, simply obey the injunction and move on. If you are reasonably afraid that these neighbors, or their animal, are going to harm you, get a cross-injunction against them.
Q: Does renters' insurance cover a person who inhale second-hand smoke from a neighbor?
Mr. Michael O. Stevens' answer
Renters insurance should cover a claim made against you for such, in that they should defend you. As to the merits f such a claim, I would posit it would likely not be a successful case.
Renters insurance should cover a claim made against you for such, in that they should defend you. As to the merits f such a claim, I would posit it would likely not be a successful case.
Q: Could I have the right to appeal if hours of support we're not enough?
Terry Lynn Garrett's answer
I am very sorry that home health care is so limited. Because it is, people like your mother who cannot pay privately for care 24/7 wind up in a nursing home, usually qualifying financially for Medicaid within six months. Talk with her physician about both the severity of her dementia and whether he thinks she is able to perform all six of the "activities of daily living" without "substantial assistance."
I am very sorry that home health care is so limited. Because it is, people like your mother who cannot pay privately for care 24/7 wind up in a nursing home, usually qualifying financially for Medicaid within six months. Talk with her physician about both the severity of her dementia and whether he thinks she is able to perform all six of the "activities of daily living" without "substantial assistance."
Q: Not-at-fault Car Accident
William John Light's answer
His liability insurer will defend him and pay any amount he is liable, up to policy limits. He does not need to hire his own attorney. The insurer will do it for him. Make sure that he contacts the insurer, notifies it of the claim, and cooperates in his defense.
His liability insurer will defend him and pay any amount he is liable, up to policy limits. He does not need to hire his own attorney. The insurer will do it for him. Make sure that he contacts the insurer, notifies it of the claim, and cooperates in his defense.
Q: Personal injury
C.B. Upton's answer
If the piece of wood injured you (for example, chipped tooth) you might be entitled to compensation for your injuries. In that case, you need a lawyer. If the piece didn't injure you, then all you can likely get is a refund from Publix.
If the piece of wood injured you (for example, chipped tooth) you might be entitled to compensation for your injuries. In that case, you need a lawyer. If the piece didn't injure you, then all you can likely get is a refund from Publix.
Q: Hello I am in California and my sons teacher is not informing me of my son's behavior problems. What can I do?
2 Answers
| Asked
in
Family Law, Personal Injury, Child Custody and Civil Rights
for
California
on
Answered on Apr 12, 2018
Answered on Apr 12, 2018
William John Light's answer
Ask for a meeting with the teacher and principal. Explain that you just heard about behavior problems with your son and that you want to be kept better informed. Leave your dispute with your husband out of it.
Get family counseling for yourself and your son, if possible.
You might also consider trying to alter the custody arrangement based on the behavior of your son at school.
Ask for a meeting with the teacher and principal. Explain that you just heard about behavior problems with your son and that you want to be kept better informed. Leave your dispute with your husband out of it.
Get family counseling for yourself and your son, if possible.
You might also consider trying to alter the custody arrangement based on the behavior of your son at school.
Q: Should landlord's ins cover med & vet bills for illness from hidden parasitic (bedbugs) infestation to me & svc dog?
2 Answers
| Asked
in
Personal Injury and Landlord - Tenant
for
California
on
Answered on Apr 11, 2018
Answered on Apr 11, 2018
William John Light's answer
If they knew of bed bugs in that room and did not decontaminate before renting to you, they might be liable. You can make a demand for payment on them for your medical/veterinary expenses and pain and suffering. If they refuse, you can sue in Small Claims and recover up to $10k. The (through their insurer) will likely claim that you brought the bed bugs with you.
If they knew of bed bugs in that room and did not decontaminate before renting to you, they might be liable. You can make a demand for payment on them for your medical/veterinary expenses and pain and suffering. If they refuse, you can sue in Small Claims and recover up to $10k. The (through their insurer) will likely claim that you brought the bed bugs with you.
Q: I gave a normal virginal delivery at 1/5/2012. But the doctor did the wrong stitches n its pain and bleeding.
Dale S. Gribow's answer
for a med mal case, it has to be filed within 3 years or within 1 year of the time you learned or should have learned of the negligence....whichever is shorter.
it sounds like you may have blown the statute of limitation which would bar you from recovery.
contact a med mal lawyer with all the facts, however, i believe s/he would say the same thing.
for a med mal case, it has to be filed within 3 years or within 1 year of the time you learned or should have learned of the negligence....whichever is shorter.
it sounds like you may have blown the statute of limitation which would bar you from recovery.
contact a med mal lawyer with all the facts, however, i believe s/he would say the same thing.
Q: can a person get away with attempted murder? I live in a small town in arkansas, where i walk around from to time. I
1 Answer
| Asked
in
Civil Litigation, Personal Injury and Criminal Law
for
Arkansas
on
Answered on Apr 10, 2018
Answered on Apr 10, 2018
Peter Munsing's answer
If a prosecutor doesn't want to prosecute unfortunately it only emboldens the assaulter. Best thought is to consider relocating if you can get work elsewhere. As far as dealing with some of the fallout, suggest you google
psychology today therapist EMDR ______________ (insert the name of nearest sizeable towns) and your state.
EMDR is a form of PTSD therapy that allows you to get shed of some of the symptoms without drugs and you don't have to talk about it. Look for...
If a prosecutor doesn't want to prosecute unfortunately it only emboldens the assaulter. Best thought is to consider relocating if you can get work elsewhere. As far as dealing with some of the fallout, suggest you google
psychology today therapist EMDR ______________ (insert the name of nearest sizeable towns) and your state.
EMDR is a form of PTSD therapy that allows you to get shed of some of the symptoms without drugs and you don't have to talk about it. Look for...
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