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Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Energy, Oil and Gas for North Carolina on
Q: Can I sue a gas station for the pump not automatically turning off when the tank was full which lead to eye injury?

Can I bring a suit against a gas station for the pump not automatically turning off when the tank was full? My wife was pumping gas and the pump didn't turn off when the tank was full. She was sitting in the car when she noticed the gas spewing out of the side. When she went to remove the... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 2, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. I hope your wife is okay. It sounds like it could be a difficult case because there's a possibility it could involve costly engineering examination and testing of the release mechanism in the nozzle,... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Piece of foley balloon left inside of my bladder after I had my C-section in December 2021

Doctors thought it was a tumor from ultrasounds I had until I had my cystoscopy done, and we seen that it was part of the foley balloon. So it was in my bladder for thirteen months.

Lindsey Seeskin
Lindsey Seeskin
answered on Feb 2, 2023

I'm very sorry to hear the ordeal you have experienced. The foley balloon, once left in your body after completion of the c-section and any further medical care, became what is known as a "retained foreign object". This should never have happened. A medical malpractice claim may be warranted.

1 Answer | Asked in Medical Malpractice and Personal Injury for Arizona on
Q: Can I sue a hospital for negligence after I fell while under medicine and hit my head against a door frame and floor?

I was sent from their ER to an Out Paitent Hospital, and while under medicine by IV, I fell getting out of bed and fell against the door frame and hit my head there and on the floor. Blood was everywhere and they didn't even attend to the open cut on my eyebrow region. I have been under... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 2, 2023

You should see an experienced medical malpractice attorneys immediately. There are time limits within which to sue and you need to make sure you were within those time limits.

This is only general legal information and is not legal advice. You may not rely on this general information for...
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1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: I was put in a coma for 3 weeks without informed consent they lied on my medical records and lied to my fiance and mom

They told my fiance and mom they had to put me in the coma because I was threatening to hurt myself or others which was a total lie but in my medical records it says I had respiratory failure which was also a lie I ended up getting MRSA and pneumonia because they didn't clean the feeding tube... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 2, 2023

Sorry to hear what happened to you. If you wish to pursue a medical malpractice lawsuit, you will need to obtain copies of your medical / hospital records and speak with an experienced medical malpractice attorney so that they can have them reviewed by an appropriate expert. Almost all of them... Read more »

1 Answer | Asked in Gov & Administrative Law and Personal Injury for California on
Q: Yes my neighbor roof blew off an damaged my car. I feel the roof was not installed right. There were 3 sets of shingles

On the roof and the staples they used was not long enough to go through all of them to the wood. They were not Pieces of roof they were hole shingles. There roof was the only one the blew off. My roof has been.on for 30 years and nothing happen to it. I'm talking about alot of there roof.

Tim Akpinar
Tim Akpinar
answered on Feb 1, 2023

A California attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney for state-specific guidance, there are a couple of ways to handle these types of situations in general nationwide. If you have a comprehensive auto... Read more »

1 Answer | Asked in Personal Injury for Colorado on
Q: My daughter had a slip and fall accident in Colorado but lives in Florida. Can she retain an attorney in Florida ?
Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Feb 1, 2023

It depends. Determining where a case must be brought, can be brought, and who can practice in front of those courts is a question of law. Therefore, you need to talk to an attorney, maybe in both states.

That being said, here are a few comments to aid in your search for an attorney....
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1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: What is the statute of limitations to file a medical malpractice lawsuit?
Joel Gary Selik
Joel Gary Selik
answered on Feb 1, 2023

In California: Generally it is one year. But if it is against a government entity you must file a claim within 6 months. There are exceptions and requirements, etc.

This is only general legal information and is not legal advice. You may not rely on this general information for your...
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1 Answer | Asked in Personal Injury for Texas on
Q: Can a insurance adjuster fill out a PIP claim for the insured without written consent?

Can the adjuster set up a claim & authorize the Release of Personal Health Information without the insureds written consent? I was advised the insurance company can create a claim & process payments without notifying the insured. Specifically, the insured is not required to complete &... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 31, 2023

A Texas attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney about specific state practices, consent is generally required nationwide. However, given the tight timeframes nationwide in filing for PIP benefits, it's... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for New York on
Q: A group of passengers & driver on a bus robbed me. Upon discovery, I left the bus. what legal course can i take?

on a greyhound bus going from nyc to raleigh, i had noticed odd behavior from a group of passengers. once I saw that this group was passing objects up the aisle like clockwork, i muttered under my breath 'theyre robbing people in plain sight'. the man, who was next to me, was involved in... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 31, 2023

Unless you can identify the passengers who robbed you, you do not have many options apart from reporting the matter to the police (which you did). With regard to legal action against Greyhound, the actions of the bus driver (assuming them to be true) clearly fall outside the scope of his... Read more »

1 Answer | Asked in Personal Injury and Education Law for Georgia on
Q: Can you sue a school for failing to notify a parent of a broken leg at school? Someone else called to inform mom.

My aunt was on site picking up her child when my nephew broke his leg around 2 pm. He was playing basketball at school while waiting on the busses to arrive. The school called the ambulance but never called his mom to notify her. She drove to the school (after my aunt called her) then followed the... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. An important issue here would be the damages resulting from failure to notify a parent. It looks like timely response was made to summon an ambulance. The hospital delay does not appear to be the fault of the... Read more »

3 Answers | Asked in Personal Injury for California on
Q: How do I change law firms once I signed on?
Dale S. Gribow
Dale S. Gribow
answered on Jan 30, 2023

Easy....

you just retain a new local lawyer, and s/he will assist in the transition.

In an accident case, the 2 lawyers will split the fee.

In a criminal case, you would try to get a bill for what the lawyer has done and get the balance turned over to the new lawyer....
Read more »

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2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: Doctor abandons me as a 10 year patient How much notice should I be given to find a new doctor.

I have been a patient for 10 years thru 6 surgeries. 3 back, 1 neck, and 1 neck pending. I am 70, and disabiled I have chronic back and neck pain. He has prescribed me morphine long acting, and Norco for pain for the last 8 years, I am between surgeries back surgery in November and neck surgery... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 30, 2023

Contact your health care provider and ask them for a referral to a pain specialist.

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1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Washington on
Q: Where can I get help with my ongoing 3rd party claim with the other drivers auto insurance company in Washington State??

3rd time DUI offender plowed into our front yard, our fence, and our car at a high rate of speed. His car finally stopped only about 10 feet from the room in which we were at that morning. Our car was deemed a total loss as this was the only thing that stopped the driver from plowing right into our... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2023

A Washington attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You're correct; this could be an overwhelming matter because of the number of elements it contains. You indicate seeking an attorney. Your best option is to reach out to... Read more »

1 Answer | Asked in Personal Injury, Communications Law and Libel & Slander for Florida on
Q: Can another lawyer post things about your case & bash you on social media if they're not your lawyer or on the case ?

There's a Facebook group where there is two Florida lawyers are talking about my case to members of it. They're posting screenshots from pacer about the lawsuit against me and making fun of me when they have no information on this matter, and I haven't been able to prove my... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 30, 2023

You actually raise a couple different issues here. 1. Can Court documents available on PACER lawfully be disclosed on social media? Yes, because they're public records, and the fact that the discloser is a lawyer who is not on your case is irrelevant. 2. Can someone lawfully make fun of you... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for New York on
Q: Is it legal in ny for a private citizen to seek a investigation compensation from plaintiff 4 irrefutable video evidence

I'm a private citizen who's surfaced indisputable online video evidence against defendants sworn testimony in an active slip & fall tort lawsuit. I have more than 600+ hours of personal time performing online research for a planned lawsuit against the same named defendant for a... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 30, 2023

If I understand you correctly, you have evidence which would be of use to plaintiff's counsel in a lawsuit and want to get paid for the time you spent compiling such evidence. Although you can certainly speak with plaintiff's counsel to discuss your proposal, unless you were retained /... Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Washington on
Q: personal injury WA state

so, there's a personal injury case, which just has been dismissed without prejudice and the statute timing is running out in WA state, here are the questions:

Can I as a lawyer file a new same personal injury case in same court and "start over" as long as I'm within time... Read more »

Steve Dashiak
Steve Dashiak
answered on Jan 29, 2023

If it's dismissed withOUT prejudice, you can re-file at any point before the SOL runs.

The answer to the fees and costs question is between you, the new law firm, and the client. You're generally entitled to be reimbursed for costs, but asserting a lien for your fee in a case...
Read more »

1 Answer | Asked in Personal Injury for Oklahoma on
Q: I slipped and fell on Thanksgiving morning my left shoulder pops and aches as if I tore my Rotator cuff..

Even though I hurt it in November do I have a case

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2023

An Oklahoma attorney could advise best, but your question remains open for two weeks. It could depend on a number of issues, including liability or fault. If the fall was the result of a defect or negligence on the floor or the ground, it's possible. It would also hinge on medical... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I’ve recently discovered I’m eligible for personal injury compensation. Suspect admitted fault in 3 days. NEED HELP

Suspect admitted 100% fault right away. I was in a rental that I was liable for. Lawyer that represented me at time settled me out for 2,000…. I feel like there’s room for compensation. Please contact me asap as I need help pursuing this

Theodore Allan Greene
Theodore Allan Greene
answered on Jan 29, 2023

If you signed a Settlement Agreement then most likely you are done and there is nothing more you can do. Read whatever document you signed carefully and it should be self evident. You might ask an attorney to help you understand the document if you can't.

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1 Answer | Asked in Insurance Bad Faith, Personal Injury and Car Accidents for Washington on
Q: What should I do when an insurance company keeps removing my uploaded documents on their claims website???

The insurance company continues to remove my documents that I have uploaded to their website and to which I was instructed to do so by the claims team. I have asked via text and email as to why this is happening and have not received a response. This has been happening every time I upload a... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2023

A Washington attorney could advise best, but your question remains open for two weeks. One option is to ask them if there is a technical glitch with either the site or the formatting of the documents, and if so, will they accept hard copies by certified mail. Also ask them if they are downloading... Read more »

4 Answers | Asked in Personal Injury for California on
Q: Lawsuit in discovery mode… when am I getting a settlement offer?… finished treatment Dec.8th now. IT’s January 28th…

Incident happened August 24th (nied)… treated for 3 months… last session was dec.7th…. Called attorney says claim is in discovery mode….. how long left til claim is done? When should I expect a settlement offer?

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 29, 2023

The best person to ask would be your attorney. Is there a pending lawsuit or a pending claim? If it's a claim against the adverse insurance company, then settlement can takes from weeks to months. If there is a lawsuit the settlement will probably come after discovery... which generally takes... Read more »

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