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2 Answers | Asked in Personal Injury for Texas on
Q: Can I sue a fast food restaurant for finding dirt on my wrap after I had ate part of it.
Tim Akpinar
Tim Akpinar
answered on Aug 23, 2024

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

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2 Answers | Asked in Personal Injury for Texas on
Q: Can I sue a fast food restaurant for finding dirt on my wrap after I had ate part of it.
John Michael Frick
John Michael Frick
answered on Aug 13, 2024

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...
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1 Answer | Asked in Car Accidents and Personal Injury for Louisiana on
Q: i have a bodily injury claim that they was willing to pay out on, but i was incarcerated for the last year.

i was in a car wreck May 1 2023 ... i received and email from the insurance on April 24, 2024 with a settlement agreement. However i was incarcerated from July 2 2023 until June 21,2024 . I contacted them when yesterday and they told me that now they cannot do anything because the one year has ran... View More

Joseph Barron Odom Sr.
Joseph Barron Odom Sr.
answered on Aug 13, 2024

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...
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2 Answers | Asked in Personal Injury for Nevada on
Q: Second opinion on personal injury case and assistance with medical billing.

On may 6th I was hit in the rear of my car well pulling into an open spot in my daughters school pickup line. I had been waved forward to the front of the line by the flagfers and the tesla that hit me appeared to be parked (no rear lights at all). I signaled and checked that I had space and... View More

Leonard Stone
Leonard Stone
answered on Aug 15, 2024

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

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: Personal injury settelment denied lawyer is not giving me letter stating they are not representing me anymore?

Lawyer is not providing me the letter stating they have dropped me as a client. It's Been couple of months and everytime I call either they say they sent it or the the person handing my case is not avaliable.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 20, 2024

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

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1 Answer | Asked in Personal Injury for Kansas on
Q: I am trying to figure out if I have a case and just need an expert opinion.

My son was injured when he fell 25 feet out of a tree while helping a friend trim branches on his friend's property. He broke his hip and shattered his ankle. He was not being paid nor was he hired by his friend. He was using his own equipment - rope, harness, and chain saw. Right now we... View More

Tim Akpinar
Tim Akpinar
answered on Aug 10, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. I'm very sorry for your son's injuries. It is not unusual for the carrier to be dismissive of your claim at the outset - and it could be difficult to predict which way the case could go without having... View More

1 Answer | Asked in Car Accidents and Personal Injury for New York on
Q: How long does it take to investigate a car accident when 1 driver, my son, has a T B I , has been to court, and is bein

Ticketed with speeding. We are dealing with Colonie, N.Y. Court . Things are on hold till my son gets his memory back. Thanks for your help. Shawn

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2024

I hope everyone involved is okay and that your son is okay and that makes a healthy recovery. It could run anywhere from a few weeks to a few months, depending on (1) who is doing the investigation (highway safety division of police pct, country district attorney office, insurance company claim... View More

2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Medical Malpractice for Virginia on
Q: I just won a default judgement on a lawsuit in Circuit Court. How do I go about getting what I sued for (Money)

It was a Medical Malpractice case. They did not respond in time.

David Ratz
David Ratz
answered on Aug 9, 2024

Now that you have a judgement entered against the medical entity or person, you are considered a judgment creditor. You may wish to contact an attorney that handles creditor rights/collection. There are several ways that you can try and collect on your judgment depending on who your judgment is... View More

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2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Medical Malpractice for Virginia on
Q: I just won a default judgement on a lawsuit in Circuit Court. How do I go about getting what I sued for (Money)

It was a Medical Malpractice case. They did not respond in time.

Jan F Hoen
Jan F Hoen
answered on Aug 30, 2024

If the judgment is final, you can proceed with collection actions - interrogatories, garnishments, attachments, liens, etc.

Default judgments are difficult to appeal, so you are also in an excellent position to negotiate. The debtor may wish to set up a payment plan or lump sum payoff at a...
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1 Answer | Asked in Personal Injury for South Dakota on
Q: In South Dakota my minor child was pedestrian hit by car the driver was at fault I filled a 3rd party claim the at fault
Tim Akpinar
Tim Akpinar
answered on Aug 8, 2024

A South Dakata attorney could advise best, but your question remains open for two weeks. I'm sorry about your child's accident. It sounds like you proceeded correctly with the at-fault driver. Your question leaves off there - it's possible that part of your post got cut off. It... View More

2 Answers | Asked in Personal Injury, Medical Malpractice and Nursing Home Abuse for California on
Q: Does my boyfriend have a case?

My boyfriend got into a car accident and ended up with a broken neck and a hip. He was placed in a rehabilitation facility where they left him for hours without his diaper changed, would disconnect his button for help, would not supply him his medication for pain because they forgot to order it and... View More

Frederick J. Sette
Frederick J. Sette
answered on Sep 3, 2024

And then there is the question of; is there any recourse for the car accident that resulted in his injuries. If you have not obtained a consultation on that, I suggest taking the time to do so. As stated by the other counsel, there are regulations and standards that the facility must comply with.... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: How come my case is not important? Hygienist caused me severe pain which in turn caused 3-day Hospital stay.

To include 2 ER visits, several Dr. Apts, several medications, pain and suffering and a horrible swelled up face with eye closer and missed work

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2024

A Florida attorney could advise best, but your question remains open for a week. Your case does not seem unimportant. Based on your description, you experienced severe pain and it appears you have evidence supporting your position, in terms of hospitalization or work attendance records. If you mean... View More

1 Answer | Asked in Personal Injury for New Jersey on
Q: How long should an attorney give me to change my mind about a retainer agreement? I was on medication.

I felt pressured into signing an agreement after being told it was necessary to file a lawsuit immediately due to the statute of limitations. The case was filed electronically less than 24 hours of my electronic signature. Weeks later, I found out there were still three months to file. I also found... View More

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2024

An attorney could offer more definitive guidance after seeing complete file details, but the short answer is that clients are free to terminate their attorney working relationships, and vice-versa, attorneys being free to do the same (in most settings). However, depending on how much work an... View More

1 Answer | Asked in Personal Injury and Wrongful Death for New Jersey on
Q: my wife conracrted lung and bone cnacer after living near a chemical plant and toxic landfill

Reich farm and Ciba Geigy 1982-1990

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2024

I'm very sorry for your wife's illness. A starting point here could be to reach out to law firms that handle toxic tort (exposure to harmful substances) cases or environmental cases. Try to arrange a free initial consult, which is usually a courtesy in injury/illness cases. Firms that... View More

3 Answers | Asked in Consumer Law, Personal Injury and Business Law for California on
Q: Should we pay the bill and give the incident report If so what r the procedures and will she still be able to sue after?

Hi, one of our customers burned herself on the knee under the stove we cook our meat in. She is now asking for medical bill and an incident report.

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2024

My colleague has outlined a number of positive measures that demonstrate good faith on your part. I would add something that is not raised in your post. Are you insured? If you are insured in your operations (it looks like you run a food business??), you should consider placing your insurance... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Kansas on
Q: What is a settlement agreement and release between me and the tort fund meaning if I have to sign soon
Tim Akpinar
Tim Akpinar
answered on Aug 6, 2024

A Kansas attorney could advise best, but your question remains open for a week. No one here could meaningfully advise you about signing a release or any other forms without seeing them. If you have an attorney, please review the forms with them and seek their advice on anything you are unclear... View More

2 Answers | Asked in Car Accidents and Personal Injury for Ohio on
Q: Will parents be protected from liability if adult daughter gets her own insurance?

Adult daughter will be attending college in CO. We live in OH. Car is titled and registered in her name in OH. If she gets her own car insurance, will we be protected from liability if she has an accident?

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

Yes, you should be. That's a good move. It might also be helpful to consult with insurance professionals in Colorado. Although auto insurance is fairly standard in many aspects nationwide, there are always twists and distinctions from one jurisdiction to another, since a good portion of auto... View More

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1 Answer | Asked in Personal Injury for South Carolina on
Q: If a 22-month-old toddler is injured at Daycare under their supervision, are they responsible for the medical bills ?

The Daycare are stating it was the toddler's fault for the injury.

Tim Akpinar
Tim Akpinar
answered on Aug 5, 2024

A South Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry about your toddler's accident. Until you are able to consult with a local attorney about state-specific elements of negligent supervision, the issue might be less crucial if you are... View More

2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Maryland on
Q: Is a commercial vehicle (semi) at fault if he hits a pedestrian in a crosswalk?

If a commercial vehicle (semi) hits a pedestrian (fatal) in a crosswalk after coming to a complete stop, with expired tags (3yrs expired) while turning on a residential road that has posted no trucks over 3/4 ton, automatically responsible if the pedestrian followed all the rules and laws for... View More

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

An attorney could offer more in-depth insight with the police report and additional details. I'm very sorry for the loss of life of the pedestrian. A likely citation could be "Failure to Yield" to a pedestrian in a crosswalk. But that's without knowing details, such as whether... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Was in an accident in MD, other drive at fault making illegal turn. Totaled my car, stitched hand, what do I expect?

As mentioned a car caused an accident by making an illegal left hand turn into me. Other insurance company accepted fault, I have 11 stitches in my hand, my 2 month old new Tesla Model Y is now totaled, should I seek legal council, what should I expect from an accident of this nature, what would be... View More

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2024

I'm sorry about your accident. In terms of what expect, no one could answer that question based on the limited details here. It would depend on the prognosis for recovery with treatment. You could arrange a free initial consult with attorneys - but even there, attorneys will be likely to tell... View More

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