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District of Columbia Personal Injury Questions & Answers
1 Answer | Asked in Foreclosure, Personal Injury, Real Estate Law and Tax Law for District of Columbia on
Q: what is the formal petition for a writ of distrangas; contempt, here in washington dc?
James L. Arrasmith
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answered on Jan 22, 2024

A writ of distringas, also known as a writ of distress, is a legal order used to seize a debtor's property to satisfy a debt. In Washington, D.C., the process to file a petition for such a writ involves presenting your case to the court, demonstrating the existence of a valid debt and the need... View More

1 Answer | Asked in Car Accidents and Personal Injury for District of Columbia on
Q: If I had a tire rotation recently (a month ago) then the tire is almost falling off a month later do I have a case ?

It was a big chain that did my tire rotation also took my tire off to fill a nail hole. I heard a vicious knocking under my car floorboard a few weeks later and when I went to mechanic he tells me my left tire was close to falling off as they failed to tighten the tire. This could’ve caused a... View More

John Mesirow
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John Mesirow
answered on May 31, 2023

I'm glad you weren't hurt! I had a wheel come off of my car while I was going 40 mph! Fortunately I wasn't hurt.

Regarding your question, almost certainly not. You would need to prove that you suffered damages (physical injuries and/or economic damages) AND that the big...
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1 Answer | Asked in Personal Injury for District of Columbia on
Q: There is mold present in my 2020 Honda Accord, resulting in severe illnesses. Do I have legal recourse with Honda?

For the past two years, I have had continual bouts with sinus, bronchial, and bacterial infections, including headaches, brain fog, lightheadedness, and fatigue, plus other symptoms associated with mold exposure.

Ronald V. Miller Jr.
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answered on Apr 4, 2023

If you believe that the mold in your 2020 Honda Accord is the direct cause of your health issues, you might have legal recourse through a product liability claim.

Product liability laws exist to hold manufacturers, distributors, and sellers responsible for defective or dangerous products....
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1 Answer | Asked in Personal Injury for District of Columbia on
Q: Why dose lawyer need my tax returns for lawsuit involving child sexual abuse?
John Mesirow
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John Mesirow
answered on Jul 28, 2022

Are you suing someone for child sexual abuse? If so, your lawyer is probably asking for your tax returns either to prove your loss of income, or because you have claimed loss of income and the other side is asking for them (and would almost certainly be entitled to them). If this isn't why,... View More

1 Answer | Asked in Personal Injury for District of Columbia on
Q: what do I do when my attorney says he wants to withdraw as counsel
Tim Akpinar
Tim Akpinar
answered on Jan 24, 2022

A District of Columbia attorney could advise best, but your question remains open for two weeks. As a general rule, attorneys do withdraw from representation, and clients do discharge attorneys. There are settings where court approval can sometimes be required. If you seek new counsel, make it... View More

2 Answers | Asked in Personal Injury for District of Columbia on
Q: Hello, if someone living in another country commits a crime against me, can I sue them?

the crime wasn't considered so in their country, but breaks most laws in other places. Can I sue them in EU countries, UK or USA?

Mark Oakley
Mark Oakley
answered on Sep 12, 2021

You posted this as a personal injury question, and appear to be looking to sue based on conduct that would be a crime here if committed here, but the conduct was committed in a foreign country where it is not a crime. Not all crimes give rise to a civil cause of action. Criminal prosecution can... View More

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1 Answer | Asked in Gov & Administrative Law, Libel & Slander and Personal Injury for District of Columbia on
Q: What state jurisdiction does revenge porn fall in if posted about American Citizen but in Mexico.

I had a fling for a couple of months in Mexico. I am an American living in DC and he is a Canadian. We fooled around and filmed it, I don't have a copy of the video. I noticed he posted it on his Only Fans without my explicit consent. He did crop my face out of the video and blur out both my... View More

Mark Oakley
Mark Oakley
answered on Apr 17, 2021

The video appears to have been consensually made, so in most jurisdiction the mere creation of the video would not be a crime. You would need to ask a lawyer in Mexico whether that country prohibits the making of sexually explicit videos when both parties consent. Otherwise, it would not be... View More

1 Answer | Asked in Wrongful Death and Personal Injury for District of Columbia on
Q: I was only 3 when this happened to my dad.. I’m now 34 could I reopen this case
Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

No, but why not get a second opinion? Courts will not reopen statute of limitation cases unless there has been some very significant and unique issue. If , for instance, police actually hid evidence that might be the basis to reopen, but I doubt it. But ask some DC attorneys or attorneys from the... View More

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... View 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... View 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... View 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... View 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... View 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... View 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
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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,... View 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... View 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?
John Mesirow
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John Mesirow
answered on Oct 19, 2018

I am a cyclist, so this "hits" close to home. The law in DC changed a couple years ago. In the "bad" old days, if a cyclist contributed to the accident, he/she could not recover due to a doctrine called contributory negligence. Now, fortunately, the law has changed as set forth... View More

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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?
Mark Oakley
Mark Oakley
answered on Oct 20, 2018

You want to sue in DC because the law of the place where the accident occurred governs your legal rights and the claim, plus DC courts have subpoena jurisdiction up to 25 miles outside its borders to compel witnesses and obtain necessary documents if needed. The defendant cannot object to being... View 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... View More

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