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COVID-19 Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Landlord - Tenant for Kentucky on
Q: Hi, I was renting an apartment about 2yrs ago and cleaning before moving in I fell down the stairs broke my back

I hired attorneys, I hadn't heard from them in a couple months so I called to see what was going on and I was then told they had tried to contact me an had to drop my case because they couldn't reach me for discovery. They had the correct phone number & address, they had came to my... View More

Robert Edward Blau
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Robert Edward Blau
answered on Dec 29, 2020

On what date and year did the accident happen? Generally, in Kentucky you only have one year from the date of your injury to file a lawsuit. Please let me know the answer to my question so I can further advise you.

Thanks

Robert Blau

1 Answer | Asked in Personal Injury and Social Security for Texas on
Q: I am 56 and lost my job of about 30 years because of a work injury that left me with a permanent weight restriction.

I am going to file for SSDI. Should I apply for unemployment so that I can have income while waiting to hear if I qualify for SSDI? I think I may qualify with a grid rule. I received Workman's Comp for 2 years.

Susan Michele Schaefer
Susan Michele Schaefer
answered on Dec 24, 2020

Yes, you can apply and receive unemployment benefits while you apply for SSDI benefits. It is a practical approach. Be aware, however, that there is a contradiction in getting both benefits since unemployment requires you to be ABLE to work and actively look for work, and SSDI approval requires... View More

1 Answer | Asked in Car Accidents and Personal Injury for Oregon on
Q: Hey so I got into a car accident with no license or insurance and I got hit on the passenger side by a Amazon car

But the place we where at didn’t have a stop sign and I had my 4 month old in the car and my back hurts really bad

Virgil Royer
Virgil Royer
answered on Dec 6, 2020

I am very sorry this happened to you. Especially this time of the year, with COVID-19 impacting much of our lives. I am going to assume that you were not at-fault in this accident. First the health of you and your child are the most important thing. Fortunately, a well-protected baby can do well in... View More

3 Answers | Asked in Personal Injury for California on
Q: What is the time limit to serve a PI lawsuit in state of California in this pandemic situation?

What's the time limit to serve a PI lawsuit to the defendant from the date it is filed considering the Covid pandemic?

Maurice Mandel II
Maurice Mandel II
answered on Oct 1, 2020

"Serve" means to deliver the summons and complaint to a person in accord with the legal requirements, such as personal service by the Sheriff. "File" means to submit your complaint and a summons to the Court along with a filing fee or fee waiver application, so the case is... View More

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1 Answer | Asked in Family Law, Personal Injury and Juvenile Law for North Carolina on
Q: Can i get emancipated from her?

Hello I have a mother who is borderline emotionally abusive, she tells me i make everyone miserable constantly, blames me for everything that goes wrong and more. I am 16, can I move out and live with a friend legally. Can i get emancipated from her?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 28, 2020

Maybe, but these aren't easy actions to 'win' and it would be something you wouldn't be able to do yourself. To able to file, you have to be 16 (check) and have lived in the same county for 6 months (don't know). To successfully emancipate yourself, you are going to have... View More

2 Answers | Asked in Personal Injury and Car Accidents for Alabama on
Q: I have done my deposition about 4 months ago, and is there a time frame on the person I'm suing to do there deposition?

The person Im suing hasn't did there deposition and I wanted to know could they wait until next year to do theirs, or is it a time frame for them to do theirs. My deposition was held four months ago.

Jeffrey G. Blackwell
Jeffrey G. Blackwell
answered on Aug 27, 2020

Good question. With the current Covid-19 issues, many things are delayed. Your delays could be the result of coronavirus issues. But, I'll answer the question as if times are normal.

I've seen many lawyers frustrated by issues scheduling the other party's deposition. One of...
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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Municipal Law for New Jersey on
Q: Can dcp&p remove children during covid-19 pandemic without a court order?
Richard Diamond
Richard Diamond
answered on Aug 26, 2020

From a procedural standpoint, DCPP gets a call from an anonymous source, school, police department, etc expressing concern for the welfare of a child in your household and it then sends out a representative to investigate. The purpose of the investigation is to determine whether the child is at... View More

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1 Answer | Asked in Personal Injury, Civil Rights and Juvenile Law for Tennessee on
Q: My wife took my 11 y/o daughter to get a retainer today. My wife was not allowed to accompany her to the exam room.

When she attempted to enter the room she was told Covid-19 policies prevented her from accompanying my daughter, this was after my wife had paid the fee. My wife was told that there would be only females in the exam room. My obvious question would be, is this legal? Of note, my daughter suffers... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 28, 2020

This is a different world we live in for now. Medical Providers are trying to find a way to provide a relatively covid safe treating environment. I wish this had been explained better before you got there- so that maybe some of the anxiety issues could have been dealt with. My guess is your... View More

2 Answers | Asked in Personal Injury and Education Law on
Q: Can a university ask students to sign a waiver (COVID) if not signing puts their registration on the line? (coercion?)

Our university has asked students to sign a waiver in order to return to campus in the fall. Those who sign the waiver relinquish their rights to sue the university or claim compensation if they get sick and/or die of COVID-19. Failure to sign the waiver means a student will have their student... View More

Tim Akpinar
Tim Akpinar
answered on Jul 11, 2020

You raise good questions, but the validity of the waiver might be something requiring the ruling of a court. As a general premise, waivers against injury tend to be frowned upon by courts as a matter of public policy. Another issue is that even if a waiver was upheld, lawsuits based on COVID-19... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was in an auto accident in April 2019. My case is still ongoing, how long typically do cases like this last?

My accident was in April 2019. They found the other driver at fault she ran a red light. I was injured. They settled for an amount but the attorney never reached out and I always have to call or email. If they already settled for the amount and my medical they said picked up alot of the bills back... View More

Robert Steven Walch
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Robert Steven Walch
answered on May 21, 2020

Every case is different, so there is no set amount of time that every case takes from the time of settlement to disbursement of funds. If you have Medi-Cal, the attorney needs to find out how much Medi-Cal paid to your medical providers and needs to get a final letter from Medi-Cal saying what... View More

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1 Answer | Asked in Personal Injury and Health Care Law for Illinois on
Q: My McDonald's burger was wrapped and had a glove wrapped with it. Can I sue them for covid health hazard?

We ate more than half the food in the bag. When I pulled out another burger to eat I noticed that there was a full blown glove wrapped with the burger.

Tyler Young
Tyler Young
answered on May 19, 2020

I understand how gross this must make you feel.

Can you sue? You can sue anyone for anything, but that doesn't mean you can win. I imagine you'll have a hard time finding a lawyer to bring a claim for this unless you can prove you were injured. Injury might be a long term...
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2 Answers | Asked in Personal Injury for Michigan on
Q: Can I be forced to take a coronavirus testing just to have a medical procedure done?

I don’t think I should be forced because I’m not sick I don’t have to be tested when I go to work and to me it’s a forcible action to be able to track you and follow your whereabouts in quarantine you you don’t think that’s a overreach of government

Brent T. Geers
Brent T. Geers
answered on May 18, 2020

Likely yes. The medical professional could refuse services if you don't, unless it's an emergency situation. I'm not sure what benefit you'd receive by refusing. The procedure you receive could be compromised because the doctor doesn't have a complete picture of what is going on.

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4 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: My sister urinated in store while paying for her groceries. Not allowed to use restroom.

Waited in line to enter store. Shopped. Needed to use restroom, but was denied access. Wrapped up her shopping because she needed to urinate. Begged employees to let her use facilities. Was advised to speak to a manager. No manager made themselves available. At check out, she begged cashier again... View More

William John Light
William John Light
answered on May 11, 2020

Businesses are allowed to restrict bathroom access to employees, unless there is a local ordinance to the contrary.

There is no suggestion that your sister suffered from some medical condition that made here incontinent. However, even if that was the case, I doubt that she has a valid...
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2 Answers | Asked in Personal Injury for California on
Q: If you brake a hip and spend 3 mins in hospital because someone didn't see me running me over with his truck. My ss

Check was used. To help pay bill. My apartment. Manager wants my back rent with latefee added on. Shouldn't insurance pay that. I have no money to pay.

Manuel Alzamora Juarez
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Manuel Alzamora Juarez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2020

Thank you for clarifying your question. You can delay paying medical bills. Do not use your SS benefits check for medical expenses. Use it to pay rent. Generally, there is no excuse for non-payment of rent, however, you can ask the court to allow you to pay current rent and to pay back rent in... View More

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1 Answer | Asked in Personal Injury, Animal / Dog Law and Landlord - Tenant for Massachusetts on
Q: My Landlord gave 2 of my puppies away, that I intended to keep. officer told him to get them back, he has not done so.

This morning he assaulted me and bit me the officers I've called have seen it yet they will not Do anything what can I do.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 21, 2020

Have you received medical treatment for same? Are there any scars? You may have a harassment claim against the landlord and if there have been three harassing incidents by this person you can obtain an order from the district court for your locality, but there are special rules under the COVID... View More

4 Answers | Asked in Elder Law, Nursing Home Abuse, Personal Injury and Wrongful Death for South Carolina on
Q: My father was in an expensive nursing home in Massachusetts -- a nurse gave him Covid 19 and he died, can we sue them?
Carole Jean Hayes
Carole Jean Hayes
answered on Apr 21, 2020

I am very sorry to hear of your loss. I agree with the other answer but I also wanted to share that you need to find an attorney as soon as you can, after doing your due diligence. You are going to need to subpoena a lot of documents and talk to the witnesses and get their deposition before their... View More

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3 Answers | Asked in Criminal Law and Personal Injury for Tennessee on
Q: Can I sue a rehab facility for misplacing or “accidentally disposing” of my mother’s bag containing her necklace?

My mother wore the necklace all the time. During the Coronavirus lockdown of her facility, she put it in the side compartment of a luggage bag, because I wasn’t allowed to visit to pick it up. When I picked up her belongings after she passed, the bag was missing.

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2020

You will need a competent attorney to evaluate your possible Case of Conversion. Evidence that the necklace existed and was stored in a certain place will be necessary. Heresay will not work. The value will have to be shown, which will probably be questioned. Your standing will be important.... View More

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1 Answer | Asked in Personal Injury for Georgia on
Q: State of Georgia, may I file on Monday, personal injury statue of limitation ends on the Sat. They'reSelf Insured/Good

( History:January 2018 radiation for lung cancer). Incident April 2018 I suffered swollen left foot/left fracture scapular Spring2019 brain aneurysm discovered also evidence of cancer Oct2019, Stroke 2019 Jan2020COPD

Michael W. Horst
Michael W. Horst
answered on Apr 20, 2020

If the last day for a statute of limitation falls on a Saturday or a Sunday, you have through the following Monday. Of course, because of the current pandemic facing Georgia (and the world), the Honorable Harold D. Melton, Chief Justice of the Supreme Court of Georgia, extended the statute of... View More

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