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District of Columbia Personal Injury Questions & Answers
1 Answer | Asked in Health Care Law and Personal Injury for District of Columbia on
Q: A long term care facility offering rehabilitation failed to provide rehabilitation for three months, injury was incurred

Neither physical rehabilitation nor assistive devices were received. Governor's order required all licensed physical therapists to continue to provide care during state lock down.

Tim Akpinar
Tim Akpinar answered on Aug 13, 2020

A Washington, DC attorney could advise best, but your post remains open for a week. Your post didn't include a question, but if you are wondering whether this could give rise to a legal cause of action, it could be a challenging case. You're looking at demonstrating damages that might... Read more »

1 Answer | Asked in Personal Injury for District of Columbia on
Q: I had a truck use it’s air horn in a shopping center while my 2 month old daughter was across the street being fed.

Which agency would I be able to file a complaint against the company and driver. I am not sure that level of horn should be legal in that environment and am hoping there will be no lasting damage to my daughters hearing

Tim Akpinar
Tim Akpinar answered on Nov 1, 2019

I hope your daughter is okay. The EPA might be a place to request direction here. Noise is addressed in a number of statutes, and some of these are on the local government level. The Noise Control Act of 1972 addresses exposure to noise for the public at large and one of its stated goals is to... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for District of Columbia on
Q: If person X climbed into person Y's window to commit murder. Y's window fell, chopped off X's head.

Y's window is a pull-up window. The window is in bad quality, and wasn't used frequently. The remaining body of the person X dropped from the sky, fell on a baby and the baby was killed. Can the baby's mother sue person Y? Is person Y at all responsible for this incident? Can person... Read more »

Gary Kollin
Gary Kollin answered on Sep 2, 2019

This site is for real legal problems, not hypotheticals

1 Answer | Asked in Personal Injury, Civil Litigation and Construction Law for District of Columbia on
Q: I am frustrated here. I need to find an attorney that handles both personal injury and property damage in Maryland. ASAP

My mother's house had 1/3 roof replaced due to a wrong address. In result of myself stopping the roof contractor's workers, I fell over the tarp that blocked the path. My ankle is broken and other foot is injured. Adjuster said we need to go together in a claim against lowe's.

Tim Akpinar
Tim Akpinar answered on May 17, 2019

You have a number of options. You could contact attorneys on this site (under Find a Lawyer), you could go through a bar association referral, or you could conduct your own independent search on the Internet.

Tim Akpinar

1 Answer | Asked in Personal Injury for District of Columbia on
Q: If I was responsible for a car accident that caused the other person to miss a client appointment and they subsequently

got fired, can they sue me for their lost salary as a result of their job termination?

Tim Akpinar
Tim Akpinar answered on Jan 3, 2019

A claimant could sue for anything, but in general, lost wage claims tend to involve defined periods of time missed from work, with set start and end points. If you are confronted with such a suit, you should notify your insurance carrier and the attorney handling your case if you are represented by... Read more »

2 Answers | Asked in Personal Injury and Animal / Dog Law for District of Columbia on
Q: If my dog gets out and bites someone but it was the fault of my contractor who didn't create a sturdy fence, am I still

going to be liable for the injured person's medical bills?

Mark Oakley
Mark Oakley answered on Dec 18, 2018

Yes. It’s your dog and your defective fence. Turn the claim over to your homeowners insurance company to pay. If you are still within the warranty period or statute of limitations to sue the fence contractor for defective work, you can sue to have the fence repaired or restored to proper... Read more »

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1 Answer | Asked in Personal Injury and Car Accidents for District of Columbia on
Q: My back got injured in a car accident when the other driver rear-ended me. I just want my medical bills paid but now

they are saying I need to provide documentation of a prior, unrelated medical appointment that related to my back. Do I really have to send in this documentation?

Mark Oakley
Mark Oakley answered on Nov 12, 2018

I’m guessing the medical records showed you had a pre-existing back problem, for which you received relatively recent treatment. It is reasonable for an insurance company to review whether your post-accident treatment was all causally related to the accident, as opposed to continuation of... Read more »

2 Answers | Asked in Personal Injury for District of Columbia on
Q: If I am injured by an employee who ran over my foot with a golf cart on a golf course can I sue the golf course company?

I doubt the employee has the money to pay for my medical bills.

John Mesirow
John Mesirow answered on Oct 29, 2018

Possibly, but you would need to provide A LOT more information to an attorney to get a definitive answer. You should call a personal injury attorney as soon as possible because if certain things are not done in the near term - photographs of injuries/property damage, obtaining witness statements,... Read more »

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1 Answer | Asked in Personal Injury for District of Columbia on
Q: Is there a bike helmet rule in DC? I hit a person, but they weren't wearing a helmet.
Mark Oakley
Mark Oakley answered on Oct 20, 2018

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... Read more »

3 Answers | Asked in Personal Injury for District of Columbia on
Q: Is a cyclist totally at fault if they didn't stop at a stop sign so when I went through I hit him?
Timothy Fizer
Timothy Fizer answered on Oct 19, 2018

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.

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3 Answers | Asked in Personal Injury and Civil Litigation for District of Columbia on
Q: I was hit in the District, but live in Virginia -- which laws apply?
John Mesirow
John Mesirow answered on Oct 5, 2018

DC law applies to the accident. If you were injured, you should contact a personal injury lawyer immediately. There are some things that, if not done soon after the accident, may hurt your case. For example, you want to get pictures of any property damage (e.g. car, bicycle) before it is repaired,... Read more »

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Q: Can US citizens file a civil suit against a former senior member of the U.S. Government for negligence?

If so, is their case law?

Peter N. Munsing
Peter N. Munsing answered on Jan 3, 2018

Anyone can sue for anything but a case that 1) is for a generalized harm 2) for a non-specific injury (e.g. he acted to limit our 2nd amendment rights) 3)is tolled by the statute of limitations 4) where the Federal Tort Claims Act was not complied with 5)or that concerns discretionary duties will... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for District of Columbia on
Q: In a minor car accident 6/14/17 in D.C. Other person is filing a lawsuit, letter from lawyer dated 7/24/17. Can she?

The car accident was minor and occurred in Washington D.C. I lived in VA at the time and the other person lived in MD. This happened 6/30/14 but the letter from her lawyer is dated 7/24/17. Is this not outside the statute of limitations? And since D.C. is a no fault district, does this apply at all?

Michael R. Charbonneau
Michael R. Charbonneau answered on Jul 27, 2017

Assuming that D.C. has the same statute of limitations as Washington (3 years) it would appear that it is outside the SOL. But most jurisdictions have rules that allow someone to file suit within the statute and have a grace period to find and serve the other party. From what you've... Read more »

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2 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Landlord - Tenant for District of Columbia on
Q: What type of offense is it?

My Building manager threatened me in the receptionist's presence, "You don't pay rent. I will get you kicked out. I will call the cops on you." He was not aware that I had cleared my dues except for $1000.

Peter N. Munsing
Peter N. Munsing answered on Jun 1, 2017

As far as calling the cops it's probably a misdemeanor. Otherwise "I will get you kicked out" is ....bad management. You can complain to the owners but they may not care.

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2 Answers | Asked in Car Accidents, Criminal Law and Personal Injury for District of Columbia on
Q: What are the responsibilities in D.C. of rescue, police, and other parties at a 2-car hit-and-run car crash scene?

Details: The reg'd owner of a car whose occupant(s) fled, and which caused a hit-and-run (1 death, 3 injuries) on a divided highway turns up at the scene after the crash. He says his (now disabled) car was stolen. He has it towed away. Later, his car turns out to be registered to a nonexistent... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 16, 2017

You would need proof of who the driver was. Perhaps a private investigator can help you find this out and whether the owner has any relationship to those persons. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... Read more »

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1 Answer | Asked in Personal Injury, Medical Malpractice and Products Liability for District of Columbia on
Q: My daughter suffered a severe stroke after having a lupron injection. Have there been other victims?

She suffered the stroke on 12-3-16

Peter N. Munsing
Peter N. Munsing answered on Dec 30, 2016

Yes. Go to LupronHub.com As to whether there is a case, a lot depends on her underlying clinical condition etc.

For instance there were problems with strokes and certain oral contraceptives, but because people can have strokes at any age it was a question of statistics and other issues...
Read more »

1 Answer | Asked in Personal Injury and Car Accidents for District of Columbia on
Q: Stigma Damages

Greetings

I was involved in an accident on December 20th 2015, and there were over $7000.00 worth of damages’ done to my car. I was told by the other driver’s (who was at fault) insurance company that there is no law in DC that will require them to pay the depreciation value claim I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 7, 2016

Check with your policy. If it has it use that and let them go after the driver.Depreciation is a new concept related to the availability of Carfax. Generally, you don't get depreciation. You can check with the insurance commissioner for DC or wherever it happened.Usually you only get the book... Read more »

1 Answer | Asked in Personal Injury for District of Columbia on
Q: I reside in D.C. Does my personal injury claim have to be settled before the statute of limitations expires?
Charles Snyderman
Charles Snyderman answered on Nov 12, 2013

A case doesn't always settle. If it is not settled, a lawsuit will have to be filed before the statute of limitations runs. You will then eventually have a trial, unless the case settles after the lawsuit is filed. Sometimes, cases aren't settled until after the trial begins.

1 Answer | Asked in Personal Injury for District of Columbia on
Q: What is slip and fall action?
David Benowitz
David Benowitz answered on Apr 12, 2011

A slip and fall action is a type of personal injury lawsuit commonly filed by customers who has been injured after slipping and falling on a business owner’s property. Owners or possessors of land have a duty to keep the property safe to prevent harm to those who enter the land lawfully.... Read more »

1 Answer | Asked in Personal Injury for District of Columbia on
Q: What is contributory negligence?
David Benowitz
David Benowitz answered on Apr 12, 2011

Contributory negligence is a defense to negligence where by a defendant alleges that the plaintiff’s actions created an unreasonable risk to his or her own safety. When a plaintiff acts unreasonably to contribute to his or her injury, that plaintiff may be found wholly or partially responsible... Read more »

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