An individual can file an emotional distress claim if they are able to show the elements of the claim. Namely:

1. First, the plaintiff must prove that the defendant acted intentionally or recklessly.

2. Second, the defendant’s conduct must be extreme and outrageous.

3.... View More

An attorney who practices in Canada would know this. But as a GENERAL rule, if Canada follows similar protocols observed in U.S. courts, an attorney licensed there would probably be needed. U.S. courts do allow attorneys from states outside of a given court's jurisdiction to represent clients,... View More

In New York, you have the right to have your case tried by a jury. That said, the judge will decide whether there are issues of fact to be determined by a jury or whether the defendant in your case is entitled to judgment as a matter of law.

The company is responsible to maintain its semi, even if being driven by someone who is not working. Further, the company's opinion about whether the driver was working or not, is probably not reliable. If he wasn't working, why was he driving the company's semi?

Not enough... View More

In order to defeat a contention that a medical negligence claim is barred by the statute of limitations, the plaintiff must offer evidence to support a matter in avoidance of the statute. For example, if the plaintiff contends that he was under 12 years of age when the treatment or care was... View More

That sounds like a case, although property owners have a defense they like to refer to as "open and obvious", so photographs of the area where this opening was will be important to discover why it wasn't conspicuous to explain why you fell into it. Also, medical evidence of injuries... View More

You have a great case. You are entitled to money for your medicals, loss of earnings, pain and suffering etc. You need to contact anyone of us on Justia for a free consultation ASAP. It is important what doctors you see so you can prove your injuries .

I'm sorry this happened to your brother. It is difficult for an attorney to answer your question meaningfully - the things you describe could require the qualified opinion of a medical professional. One option would be to reach out to law firms in your state to try to set up a free initial... View More

Generally, a landlord is not automatically liable for injuries their tenant's dog causes. However, they can face liability where: (1) they had actual knowledge of the dog's vicious tendencies; meaning they knew the dog was aggressive or had bitten someone before; and (2) they had the... View More

Unless you have agreed otherwise in your lease, yes. You will need to prove that your landlord was aware of the dangerous condition that caused your injury (usually because you sent in a maintenance request) and that the landlord failed to correct the condition within a reasonable time.

An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry this happened. If the nurse you describe is yourself, I hope you are okay. It could depend on injuries, time lost from work, level and permanence of any disability incurred, and other factors. One... View More

I don't mean to be flippant, but the only legitimate answer to your question would be a comprehensive "how to do it" book on Worker's Compensation injuries. It is not "rocket science," but it can be unbelievably complicated. To make the calculation, an attorney would... View More

A West Virginia attorney could advise best, but your question remains open for a week. I'm sorry your mother sustained such alarming and disturbing injuries. You did the right thing by getting her out of there. Your post mentions that you ran out of characters. Regardless of what you were... View More

A Rhode Island attorney could advise best, but your question remains open for a week. I'm sorry this happened to you. Unfortunately, that timeline goes back a while. It would be best for RI attorneys could advise on your state's statutes of limitations. You could reach out to local... View More

My colleague has outlined good resources. But keep in mind that it might be difficult to obtain pro bono or legal aid assistance on a case involving personal injury (your chosen category). Such services are usually based on financial need, and a plaintiff in a personal injury matter is not usually... View More

I agree with my colleague that it would depend on the extent of damages. I'm sorry this happened to you, but it does not sound like a case that most law firms would consider handling if there were no tangible damages. But that's only my individual opinion. Different attorneys could see... View More

What are your damages?

In order to prevail in a lawsuit, you must generally show that the defendant owed you some sort of duty, that the defendant breached that duty, and that the breach proximately caused you to suffer legally compensable damages.

For example, if a food product... View More

Unfortunately, the insurance adjuster is correct.

Louisiana is subject to a one-year prescriptive period (or Statute of Limitations) in which a person may bring a civil action under tort law (or personal injury law), commencing from the date of the accident/injury. Once that one year... View More

From the details you provided, both you and the other driver were maneuvering in a school pickup line. The fact that you were waved forward by a flagger and the other vehicle appeared stationary suggests that you took reasonable steps to safely pull into the spot. That said, I have not seen the... View More

If your case was never put in suit, your attorney would not need permission from the court to withdraw as counsel. Although they have not provided you with a letter stating that they are no longer representing you, there is nothing stopping you from hiring a new lawyer. You can find many... View More