Not in West Virginia. Your sister apparently was appointed the Administratrix (the female version of an administrator) of your father's estate, or was named the executrix of his will. Her job is to act on behalf of his estate, and as one of his beneficiaries, you are entitled to make a claim... View More

Cesar Mejia Duenas Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2024

In Florida, to oppose the Motion for Summary Judgment, you should file a written response detailing the new evidence you discovered from the surveillance footage. Explain that the video now shows how the spill occurred and how long it was on the floor, which creates a genuine issue of material... View More

You need to file an opposition to the motion for summary judgment. It should be supported by an affidavit (written statement under oath and signed by you and the notary before whom you swore under oath) setting forth the genuine issues of material fact which you believe would be issues to prevent... View More

Yes Surgical smoke is toxic and you wife's estate may have a case, but a doctor would have to tie that surgical smoke to her cause of cancer and not another cause such as smoking two packs of cigarettes a day if you get what I am saying. Definately speak with a lawyer ASAP.

I'm sorry about your wife's diagnosis. Although this issue is recognized by the CDC and other health agencies, there are probably not many law firms that practice in the field. There are firms handling respiratory lawsuits involving lung cancer, asbestosis, mesothelioma - but those firms... View More

First seek medical attention. Then, document your injuries and get a professional medical opinion to connect your injury to the facility's negligence.

Second, gather evidence, such as any relevant documents, witness statements, and photos.

Last, schedule a free consultation to... View More

Your inquiry to the client who had been identified by the coach was perfectly reasonable and defensible, so the threat of retaliation was bluster. The threat to cause you harm is "actionable", that is, you could sue for it to get an injunction and possible money damages. So, challenging... View More

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answered on Aug 29, 2024

In California, the simple way to remember is that there are two types of deadlines when calculating the last day for something to be served or filed: forward-looking deadlines and backwards-looking deadlines.

Forward-looking deadlines are ones that are as follows: "no later than X days... View More

You likely have lost the ability to file a lawsuit against the city because a notice of claim must be filed within 180 days of the accident. You will need to go after the contractor under a standard negligence claim. As with the city, there are specific time frames that you must meet to make sure... View More

A South Carolina attorney could advise best, but your question remains open for a week. It could be difficult for attorneys here to advise you on what your case is worth based on these limited facts. I'm sorry about your accident. I hope you're okay. You could probably get an idea of the... View More

They could be at risk. But before pushing the panic button, you could probably make a more well-informed decision if you reviewed things with an attorney. Your post is very brief. An experienced attorney could offer better guidance with knowledge about the accident, the demand, the realistic... View More

Sorry to hear about your ordeal. Settlement value of a potential case depends on numerous factors, including the strength of the liability position and the nature and extent of the injuries and necessary medical treatment. Often, the appropriate amount to demand cannot be determined until the... View More

Yes this could be a malpractice case.

First: Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Second: the harm must be sufficient to warrant a malpractice case.... View More

A Missouri attorney could advise best, but your question remains open for two weeks. The short answer to your question is that they could be liable. In terms of a viable case, that could depend on damages. You could consult with attorneys to discuss further. Based on what you describe, it looks... View More

It sounds like you believe you have a lawsuit but you need to attorney----if so, please use the Justia Find a Lawyer tab and search for accident/injury lawyers in your area----most lawyers in this area of practice will provide a free first consult so I recommend that you set up meetings with as... View More

Most personal injury lawsuits are resolved by settlement. If you have a case on file, talk to your lawyer about the strength of your case for liability and the total amount of damages you sustained (most likely, out-of-pocket medical expenses based on your question). your lawyer can help you... View More

Addendum - To be more responsive to the point you ask about regarding SOLs, I have not seen situations where statutes of limitations were used on the issue of relevance/irrelevance of prior injuries. It's usually a case-by-case analysis, depending on the quality of the medical opinion... View More

A Georgia attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney on any state-specific rules, the GENERAL approach applied nationwide in the type of situation you describe is that the plaintiff relies on the opinion of a... View More

It is possible for an insurance adjuster to reference previous injuries in their evaluation of a claim no matter how old the previous injuries are. However, there are steps that a skilled plaintiffs lawyer can take to combat their attempt. First, prior to filing a lawsuit, you or your attorney... View More

A Texas attorney should advise here, but your question remains open for a week. It's a little difficult to determine from the post what you agreed to... first-party medical expenses or [as you say in the post], personal injuries. I can't speak for Texas medical expenses - I don't... View More