Your ethanol level needs to be convereted to BAC level which is generally on the lab work. The DWI limit is .08 but you can still get a DWI even with a lower level than the limit as the limit is only a presumption that your driving ability was impaired by alcohol. Definately get a lawyer to... View More

Based on your reported ethanol level, it’s likely that you were over the legal limit in New Jersey, where the per se limit for DUI is 0.08% BAC. However, various factors can impact your case, including hospital testing procedures and legal defenses. You may face DUI charges, potential license... View More

I'm sorry about your accident. I hope all involved are okay. Aside from the criminal defense aspects that my colleagues address, there is the issue of possible claims if another vehicle was involved or if property damage was involved. Therefore, it would be advisable to consider placing your... View More

A walking stick or cane used in an ordinary manner to assist in crossing a street should not create any liability for a pedestrian. In such a setting, jurors would generally focus more on the fundamental issue of harm to the pedestrian from a vehicle that did not yield where required. Good luck

Yes, you should retain an attorney on contingency fee, which means you don’t pay anything unless you win. You should act quickly because there are statutes of limitations that must be complied with or else you will be forever barred for bringing a claim. Additionally, do not give any statements... View More

I'm sorry about your accident. I hope everyone involved is okay. The short answer to your question is probably, "YES." It looks like the other side accepted fault, and that removes a major source of obstacles that cause a case to drag on for a long time. Determining if you are... View More

Gerald D. Siegel Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2025

Whether you have a case worth purusing is dependent upon your doctor's findings and the results of any diagnostic testing. X-rays, CT, or MRI is considering "objective medical evidencde" required under the law.

I think you should speak with a personal injury attorney who is... View More

Unfortunately you need to contact another attorney as soon as possible, one that specializes in legal malpractice. They are very experienced at pursuing matters where attorneys have either intentionally done something wrong or accidentally done something wrong that has affected your case.... View More

You need to hire an attorney that practices malpractice law and quickly because just like your personal injury case the statute of limitations is running on your case and if it runs out you will be barred from collecting any money for your loss.

Absolutely, that sounds like more than enough reason to explore a claim. If someone shoves you off your bike, that’s intentional, reckless behavior, which can lead to legal liability. Your injuries, even if minor, combined with the damage to your bike and the lost wages from missing a week of... View More

I'm sorry for the loss of your dad. This is something that your dad's original attorney could answer best, but you await a response for three weeks. These cases are different than most typical personal injury cases - they can involve funds set up for large numbers of anticipated... 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

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 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

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

Someone would need to look at the retainer - whether it involves an error, impermissible practices, or multi actions (law firm handling representation on more than one type of claim on the same matter - a disability claim plus a third-party injury claim, as an example). These are only general... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Under federal law, the statute of limitations for a prisoner to file a lawsuit after being attacked or stabbed in prison is generally determined by the state's personal injury statute of limitations where the prison is located. Most states have a statute of limitations ranging from two to four... View More

I'm sorry for your ordeal. There wasn't a question included, but it's clear you're wondering about your legal rights. Hopefully, you should receive your records without delay if everything was in order with the request (authorizations or any other forms), and it was made to the... View More

Medical clips are generally inert and rarely cause harm to a patient. In some cases, leaving medical clips inside a patient may not be a departure from the accepted standard of care. Even if it is, in most cases, leaving medical clips behind inside a patient will not cause injuries sufficient to... View More