Personal Injury Lawyer

Assault is a crime where a person unlawfully and culpably damaged or physically abused the health of another.  You can be guilty both by positive action and by omission. If convicted of injuring another person, you could be punished with imprisonment up to five years or a fine, or both.  An attempt to injure is also a punishable offense.

Physical abuse is defined as a foul, inappropriate treatment that does not jeopardize the physical well-being or physical safety only marginally.  A health risk exists if a pathological condition is caused by physical or emotional harm, or anxiety increased. The basic fact is found in section 233 of the Criminal Code (Criminal Code).  Look in section 224 ff StGB to find qualifiers for particular characteristics in terms of the commission of a crime of assault.

Personal Injury Lawyer Information

In section 244, aggravated assault is punished with a prison sentence of at least six to ten years.  An aggravated assault is characterized in that the commission of a crime is a particularly dangerous means, for example, with poison, with a weapon or a dangerous tool, using a sneaky assault, committed jointly or with a life threatening treatment.

The mistreatment of wards can cause a penalty according to section 225 of the Criminal Code.  In order for a personal injury to be punished very hard under the rules of this section, it must be committed under a special dependency relationship between perpetrator and victim.  These include abuse of persons under 18 who are vulnerable or frail.  They are in the care or welfare of the offender, are members of his household, or in the course of employment or employment relationship be subservient to him.
Serious injury under section 226 of the Penal Code is the penalty of one punishable by up to ten years harder compared to the “normal” bodily injury, because the offense of the inherent long-term and serious consequences for the victim of a particularly grave injustice and there due to that fact. For example, permanently disfigured, is to lose one or both eyes, blindness or a body part.

The involvement in a brawl is sanctioned in section 231 of the Criminal Code, which can only be considered a criminal offense, if it’s an actual fight is leading to serious personal injury or death.  The condition that a brawl is met when there is a dispute between two or more persons is associated with a mutual assault.  Anyone who intentionally participates in a brawl that occurs in the severe consequences of section 226 of the Criminal Code or the death of a person must expect a custodial sentence of at least three years. You need a competent personal injury attorney.  If you search an attorney directory, you will get a list of exclusive selection of lawyers.  With just one click you can quickly and easily find the detailed profile of the lawyer and can compare the competence of the lawyer.

Personal Injury Lawyer Advocate

An injury attorney is an advocate who offers legal services to individuals who have suffered either physical or mental injuries in their line of duty. He is the one who represents the claims of such individuals in a litigation process. Injuries are things that one can never know when and where they will occur. However, the state under which such injuries occur will the major source of a litigation process to occur in an attempt of seeking compensation for the sufferings that one might have endured.

Injuries that occur to people are basically driven by given factors that might have been externally developed due to negligence, carelessness, corruption, poor management, and so on. Most personal injuries that are incurred by workers while in the line of duty at their work places are basically due to negligence. In the case of slip and fall injuries, a company is usually guilty. Some of a company’s floors may have been installed with tiles or materials that are way too slippery.

In the event of slip and fall injuries, the personal injury attorney will have the sole duty of establishing the root of the injuries in order to drive the concerned company to the edge of compensating the injured party. In such a case, one should expect high resistance from the company side. The company will try to disapprove all the evidence crafted against it. Thus, the injury lawyer you employ must have the powers of defending you to the very end.

Personal Injury Attorney Research

The only way to obtain a reliable personal injury lawyer will be through thorough research. You will have to find a lawyer that has the qualities of an injury lawyer by profession as well as experience. He or she must be able to carry out cases ranging from work injuries, accidents, automobile, medical mistakes, and defective products and so on. In addition, the lawyer you engage must be a trustworthy one, since there are some attorneys who might betray you and take bribes from the other party to make sure that you lose the case.

You do not need to worry about the expenses of hiring a personal injury lawyer. You can apply for lawsuit settlement funds. With the funds you can hire an attorney and once the case is over and you are compensated, you will then pay back the funds. The settlement funds are usually treated as loans in the event that you will win the litigation process. The only setback with these loans is that to obtain them you must be in possession of a very reputable attorney or law firm.

Consult a Los Angeles Personal Injury Lawyer Now

It is natural for human beings to hurt one another. Mankind itself is regarded as naturally bad by some scientists. Man will live in the sense that he/she has needs and wants that need to be satisfied. The satisfaction that we get from those desires often lead us to hurt our fellow neighbors. This is one of the reasons why rules are created. The law is the set of rules and regulations being followed by a specific group of persons. The law states what actions you should do and what actions should you not do in order to live harmoniously with one another. Today, lawyers of different types are often seen in court debating on the violated law. Examples of good lawyers, that we can find today, are those Los Angeles personal injury lawyers.

Los Angeles Personal Injury Specialty

A Los Angeles personal injury lawyer is an attorney that specializes in tort regarding physical injuries. Lawyers from these fields are competent lawyers especially if they live from or are working from Los Angeles. Los Angeles is a safe place where in most lawyers are trained to fight aggressively for any signs of personal injuries that may have been caused by other persons.

The personal injuries being reported in here may either be intentional or unintentional. Unintentional personal injuries are those injuries that are caused by accidents or negligence. It may be cause by pet bites; because, of your irresponsible neighbor. It may be the result of a low quality product. It may also be the result of a wrong procedure that typically occurs in hospitals. Intentional physical injuries on the other hand are those injuries that were done with intent. Those persons who have made an injury to a person may be entitled to numerous legal problems not unless it was caused by self defense.

Los Angeles Personal Injury Lawyer: Initial Consultation

A Los Angeles personal injury lawyer is a good attorney that you can consult with these cases. Both the complainant and the defendant are being helped by these types of lawyers. Personal injury lawyers like the ones in Los Angeles aim to make the defendant pay if you are the complainant. These lawyers also try their very best to reduce or totally dismiss personal injury cases if you were the defendant.

Intentional personal injuries, especially in Los Angeles, are often being compensated through monetary packages. These types of compensation awards aim to bring back the victim to his/her normal condition before the injury has started. The price of monetary compensation has a very wide range because these types of compensation may include legal bills, medical bills, professional bills from missed work and pain/emotional suffering bills bought by emotional trauma. Aside from the compensation package being asked, clients are also frequently asking for punitive damages as a result of a person’s wrong doings. Compensation packages are done to restore the victim to the normal condition while punitive damage payments aim to punish the suspect for his/her wrong actions.

Los Angeles Personal Injury Lawyer: Initial Conclusion

There are a lot of factors that should be determined in asking for a monetary compensation package. In order to be able to compute for all the costs, the consult of a Los Angeles personal injury lawyer is deemed necessary. These types of lawyers will assist you throughout the legal process and they will give you their very best opinions for your desired compensation package. Los Angeles personal injury lawyers could easily be contacted by searching the internet or by finding good law firms in Los Angeles.

Lawsuits Handled by Personal Injury Accident Attorneys

Hiring a personal injury accident attorney should be done as quickly as possible in order to settle a personal injury case. A lot of persons are having doubts about getting a lawyer because of the idea that is a sign of revenge or because they do not have money at all. These ideas are usually being given by naive individuals who are not familiar with the legal system. First of all, filling a lawsuit is not a sign of revenge. It is a simple communication done in the court of law to determine what is the incident, how did it happen and what can it be done to fix it. Attaining justice and attaining revenge are two very different things that should not be interchanged. Second, individuals who will hire a personal injury attorney do not need to cash out money for filing a personal injury claim. As a rule of thumb, complainants must go to a personal injury accident attorney who operates on the no win no fee basis. This in turn only means that if the lawyer has failed then he gets no fee, but if a lawyer has succeeded then he/she get a fee.

Personal Injury Accident Attorney: Settle Out of Court

Technically, there are numerous personal injury accident cases that do not reach court because of wrong communication by the victim, slow response of the victim and because of settlements. Wrong communication of the victim is when the complainant admits the accidents or instantly negotiates with the opposing party. This activity is wrong because doing so entitles that person to be free from all the liabilities that he/she must pay. The second mistake of victims is their slow response. Acting so slow would make the case ineligible for court because of the statutes of limitations. The last reason for not being able to file a case is because of the settlements between the attorney and the opposing party. Lawsuit settlements are done to save money and to save time. This is usually done when the opposing party is willing to give in to the demands of the complainant if these happens, then filling a lawsuit would be not be necessary.

Personal Injury Accident Attorney: Obtaining Just Compensation

The main purpose of hiring a personal injury accident attorney is to attain the compensation that would fix all damages that had happened from the moment that the unwanted incident has occurred. This usually includes missed work fees, repair fees, hospitalization fees, legal fees and other fees that are important for the incident. Aside from these, lawyers usually ask for punitive damages. Punitive damages are the fees being asked for the defendant as a form of punishment for their negligent activities. The punitive damages are usually the most important fee for the lawyer because this is frequently the award that is shared both by the client and by the personal injury accident attorney himself.

In order to win the lawsuit, the complainant must hire a personal injury accident attorney as fast as possible from the moment that an accident has happened. This is done in order to reach the deadline for the statutes of limitations in filling a case. Inability to do so may result to disqualification of the case.

Personal Injury Accident Attorney: Final Thoughts

In conclusion, victims of personal injury accidents must hire a personal injury accident attorney as soon as possible in order to attain the highest compensation possible for the case. Inability to do so would result disqualification for a court hearing. All victims are recommended not to talk and not to disclose important information about the incident (except for injuries currently being felt) to other persons aside from their lawyer.

09. February 2012 · Comments Off · Categories: Personal Injury Lawyer FAQ

Donald asks…

Can crooked landlord come after me legally?

I was injured on a slippery walkway at my apartment building. As a result I had a broken tailbone. Since the landlord was not agreeable to cover the medical expenses I had to hire a personal injury attorney. Shortly after receiving a letter that my landlord was being sued to cover the costs, he sent me a letter (dated 2/11/2011)demanding I move out by 4/30/11 and if I did not return keys by this date an eviction may be instituted against me. Since living here has been such a horrible experience I had no problem following that letter and made all the necessary plans to move by the end of April. I paid April rent and am ready to go. My lease was due to expire May 31 but I had no problem following his order to move by April 30. His first letter broke the lease but I was fine with that.

Than a few days ago he sends me another letter (duplicate dated 3/31/2011) ordering I move out by 5/31/2011 and say I’m responsible for May rent. There is no way in hell I’m paying another month of rent to live here when he ordered me out April 30 in his first letter.

So I’m worried he can/will try to sue me for May rent. He says the first letter sent on Feb 11th was with the date of April 30 move out was an “error”! So I make plans to move and put money for a new place and turn my life upside down so am I right to say I’m not responsible for May rent since he ordered me out April 30 in his first letter? I still have the first letter.

admin answers:

Correct, he gave notice to be out by the end of April. As long as you are out by the end of April he has no further claim for rent. Keep that letter, you may need to prove you do not owe him any money,

Robert asks…

Florida citizen falsely accused and wrongfully arrested?

I had been confined to a jail cell for 93 days. I was working in the kitchen at a Dade City truck stop when deputies stormed in and arrested me. I was released march 26th after the victim could not positively identify me and that I was at work at the time of the crime.The distance from my job and the scene of the crime is 50 minutes, I was off work at 10:21 pm but the police report state that the crime happen 10:30pm. I was falsely accused of home invasion robbery that a police report said three people commited but I was the only person arrested after a 7 month investigation that was poorly conducted which resulted in my arrest by the Pasco county police at my place of work which hernando county sherrif department issued the warrant for. My family went to the media which helped me prove my innocence and to show the community of the wrongful arrest that been commited, I was at work at the time of the crime. What should I do to pursue legal action, Im trying to find a personal injury attorney? here is the link to the article

http://www2.hernandotoday.com/content/2010/feb/27/271811/ha-93-days-later-man-is-cleared-in-home-invasion/

admin answers:

You need an attorney that loves to take these cases of false arrest because they sue the cops and the city involved. Its best at times to get an out of town attorney since the ones in town are too friendly with the cops and city hall. Check the yellow pages or the web for this type of attorney, one that doesnt charge unless they win the case, unless you just pay a small retainer for him take the case

Steven asks…

Need Urgent Help With Planning This Estate. Any Help Would Be Greatly Appreciated.?

In your data session you find out that Rich is age 62, and Ruby is age 57. They have been
married for 30 years and live at 4 Glendale Avenue, Wayne, NJ. They have a son, Alvin age26, who is a personal injury attorney for a big law firm in Newark, NJ.

Alvin is married to Arlene and they have two children, James age 6, and Jenny age 5. Both children attend a very exclusive and expensive private school. They also have a daughter, Karen, age 21, who is not married. She is still in school working on her degree in bio-gastric anthropology and expects to continue and get her doctorate.

Rich believes that the world just doesn’t have enough bio-gastric anthropologist, and would be happy to pay for Karen to finish her education which is estimated to take about 5 more years if he can pay for it in an efficient way. Both Alvin and Karen live in NJ.

Rich graduated from Podunk Polytechnical University with a degree in civil engineering
and is the 100% owner (and 100% voting member) of Macadam Company which is a
Limited Liability Company that specializes in building and repairing roads, parking lots and other infrastructure. The company has 20 employees and an annual net income is about $750,000. This is after Rich takes an annual salary of $200,000. Rich feels that the
company is worth about $6,000,000, and expects it to grow by about 10 to 15% over the
next 6 to 8 years after which time Rich will sell the business probably to a competitor.
Ruby is a stay at home mom.

The last copy of their wills were from 1992.

Rich’s Will provides for a Specific Bequest of $500,000 to his college alma mater. It also provides that the remaining estate will pass to the other spouse, if living, otherwise to Alvin and Karen, if living, and if either child is not living, then to the deceased child’s surviving descendants, per capita.

In your discussion during the meeting you find out that Rich feels that his Will is outdated and needs to be updated to pass his estate to Ruby and his descendants more effectively and efficiently. He also wants to make sure that Ruby has access to his estate assets should Rich die first, but also that Alvin and Karen receive their share of the estate when Ruby dies. He expresses that Ruby is a good wife and loving mother, as well as a very attractive woman who would be a “great catch” for some guy after Rich is gone.

Rich also realizes that his estate has grown significantly, and will continue to grow in the
years to come. He is not opposed to starting a gift giving program if it makes sense and
provides him and Ruby with enough resources to enjoy their remaining years and live out
their lives in comfort. Ruby is not interested in making any gifts now, but will cooperate in any gifting plan to the family or to charity that makes Rich happy.

Explain the difference between probate and non-probate assets, and calculate their probate estate for them. A calculation of the amount of federal estate taxes that will be due based on their current plan should also be provided to them.

You should also discuss revisions to the clients’ Will, if appropriate, that will pass the assets to and/or for the use of their descendants in an effective and efficient manner. Also, make recommendations as to how assets should be titled to implement the plan and whether additional documents should be put in place. Any gifting recommendations should include a discussion of the federal gift tax law and why your recommended gifting plan makes sense. You should include a strategy to provide liquidity to the estate to pay any estate taxes due. Feel free to discuss any other objectives that you think your clients should consider, and any other planning ideas that you feel are appropriate.

admin answers:

Gee, I had this really long answer typed up, but then you deleted and reposted.

First off, this is NOT a homework board. Even if it was, you don’t get free answers to test questions and I truly hope your instructor is surfing the net to find out who posted his questions asking for help.

Start by reading IRS publication 950. The test clearly is pointing you to one of the sections in there.

Second, be aware the test must be assuming Rich and Ruby live to 2011 as there isn’t an estate tax right now.

Third, do your research on NJ. When the federal exclusion jumped in 2004, many states replaced the revenue by changing their laws re estates.

Fourth, such a nice chauvenistic test question. Despite 30 years of marriage, Rich treats everything as HIS money, HIS company, HIS assets, HIS descendents. No wife should agree to an estate plan that prevents her leaving any of her money to the people *she* chooses to. Should Rich die the day after he signs any paperwork, she’s stuck for the next 30 years.

If Rich truly loved his wife, she’d already be HALF-OWNER of the LLC and wouldn’t have to worry about getting her share. The only solution to this inequity is a ton of life insurance.

William asks…

What claims would I be able to file?

My ex-boyfriend deliberately withheld that he had genital herpes and infected me. I have audio recording where he admits having knowledge and not telling me of his condition. The clinics here in Milwaukee, WI do not test for genital herpes unless you are experiencing symptoms. So the only way for me to be informed of his condition was for him to tell me himself. On multiple occasions, he mislead me to believe he did not have any diseases, though he was being treated with acyclovir for his HSV-2 outbreaks. He left the bottle on the living room table, and because he hadn’t mentioned any illness, I Googled the name of the prescription. Within a week, I had an outbreak and was confirmed to having HSV-2. He has no assets to pursue with a personal injury attorney, and in Wisconsin this is not a criminal matter. I would like information on claims that I can bring against him in small claims court. This is a physical, emotional, and financial burden, as I have to pay for meds every month.
Joyce, it may benefit you to research the facts of genital herpes, or any other subject that you choose to speak on when you’re not very informed.

1) Herpes is a SKIN-TO-SKIN CONTACT disease. So, unless you have on a body condom, that doesn’t prevent infection.

2) Most people with herpes show little to no symptoms. Asymptomatic transmission is where the virus is active and can be spread, but does not produce visible symptoms. This accounts for approximately 50% of all herpes cases.

So, before making ignorant comments, know your subject matter please.

admin answers:

You need to talk to a lawyer…i know you could sue if it was HIV…am not sure abut other STD’S

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08. February 2012 · Comments Off · Categories: Personal Injury Lawyer FAQ

James asks…

Does a non-disclosure contract protect you the same as a patent does when selling an invention?

I have come up with a really GREAT invention, something I know will sell and people will love, and I want to see it on the market as soon as possible. I have spoken to an attorney about getting it patented a few months ago and they told me that it would take me roughly 2 years to get one and it would cost me between $2,000 – $7,000 to get it done. I am can not stand waiting that long and want to find a way to speed the process up. So, if you meet with a company about the invention and have them sign a non-disclosure agreement before speaking to them about it, does that cover your ass the same as a patent does? Is there a specific way the non-disclosure can be drawn up that will protect me and my invention should they leak it out and/or try to get it patented behind my back? I mean $7,000 is allot to come up with and the patent lawyers do not work like personal injury attorney‘s do, on a contingency basis, so it is kinda making me have to look at different avenues for protection and getting it done.
Would you mind please telling me how you came to your answer? It would make it a bit easier to know if what you say is true or not.

admin answers:

A non-disclosure contract doesn’t protect you at all in the same way…

Here is the difference…a patent protects the invention no matter who tries to make a copy…

A non-disclosure agreement doesn’t protect the invention at all…all it does is stop whoever you told about the invention from telling anyone…in theory…

See…if someone tells someone who tells someone…that that third someone makes an invention just like yours…you’re screwed…first, you have absolutely NO remedy against the person who made the invention…because you don’t have an agreement with them…second…your remedy against the original person you told is limited because you may or may not be able to prove that they told someone else…it isn’t enough for you to go into court and say “he’s the only person I told.”…

Finally, the most important thing is that whoever you have the non-disclosure agreement with isn’t going to make profit from your invention if a third party is the one that makes the invention…so the only money you can possibly get from them is what they have…which may be far less than what the invention producer is making from it…

Sandy asks…

LANDLORD FROM HELL issue. ???????????

I was injured on a slippery walkway at my apartment building. As a result I had a broken tailbone. Since the landlord was not agreeable to cover the medical expenses I had to hire a personal injury attorney. Shortly after receiving a letter that my landlord was being sued to cover the costs, he sent me a letter (dated 2/11/2011)demanding I move out by 4/30/11 and if I did not return keys by this date an eviction may be instituted against me. Since living here has been such a horrible experience I had no problem following that letter and made all the necessary plans to move by the end of April. I paid April rent and am ready to go. My lease was due to expire May 31 but I had no problem following his order to move by April 30. His first letter broke the lease but I was fine with that.

Than a few days ago he sends me another letter (duplicate dated 3/31/2011) ordering I move out by 5/31/2011 and say I’m responsible for May rent. There is no way in hell I’m paying another month of rent to live here when he ordered me out April 30 in his first letter.

So I’m worried he can/will try to sue me for May rent. Am I right to say I’m not responsible since he ordered me out April 30 in his first letter? I have copies of both letters

admin answers:

You are correct, you were ordered out. You are moving out. You paid rent. So, you are done, he can not make any further demands.

Keep the original letters, not just copies.

Paul asks…

Can he come after me legally?

I was injured on a slippery walkway at my apartment building. As a result I had a broken tailbone. Since the landlord was not agreeable to cover the medical expenses I had to hire a personal injury attorney. Shortly after receiving a letter that my landlord was being sued to cover the costs, he sent me a letter (dated 2/11/2011)demanding I move out by 4/30/11 and if I did not return keys by this date an eviction may be instituted against me. Since living here has been such a horrible experience I had no problem following that letter and made all the necessary plans to move by the end of April. I paid April rent and am ready to go. My lease was due to expire May 31 but I had no problem following his order to move by April 30. His first letter broke the lease but I was fine with that.

Than a few days ago he sends me another letter (duplicate dated 3/31/2011) ordering I move out by 5/31/2011 and say I’m responsible for May rent. There is no way in hell I’m paying another month of rent to live here when he ordered me out April 30 in his first letter.

So I’m worried he can/will try to sue me for May rent. He says the first letter sent on Feb 11th was with the date of April 30 move out was an “error”! So I make plans to move and put money for a new place and turn my life upside down so am I right to say I’m not responsible for May rent since he ordered me out April 30 in his first letter? I still have the first letter.

admin answers:

Correct, he gave notice to be out by the end of April. As long as you are out by the end of April he has no further claim for rent. Keep that letter, you may need to prove you do not owe him any money,

Donald asks…

My ex-boss still hasn’t paid me for my last week of work?

I worked as an assistant for a personal injury attorney for approx. 5 months. The entire time, she was really flaky, and I had to constantly remind her to pay me every Friday. I gave her a week’s notice that I was terminating my position and she was completely fine with it. I was offered a better paying job that I was more interested in. I made her sign my last week of work’s pay check and fax it over to her accountant. The accountant generally faxes back over the payroll on Tuesday. My ex-boss told me she would mail out my check. I literally live 5 minutes away from where I used to work. It is now Saturday and I have yet to receive my check. I called, texted, and e-mailed her, and it has been several hours and she has not gotten back to me yet. I was awaiting the check to arrive YESTERDAY. What can I do to get paid? Mail will not come tomorrow because it’s Sunday and Monday is MLK day so no mail will be delivered then. Suggestions?

admin answers:

Most states have labor laws that require an employer to pay an employee within a certain number of days or be subject to penalties. The period of time may be different by statute depending on whether you left voluntarily or involuntarily. There is not a lot you can do legally until after the Monday holiday. I would suggest, however, that you do not take the law into your own hands.If you have not been paid by Monday and the law in your jurisdiction is clear that your employer failed to pay you in a timely manner, then file a complaint or claim with the Labor Department in your location.

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08. February 2012 · Comments Off · Categories: Personal Injury Lawyer FAQ

Thomas asks…

Car Accident w/ conflicting statements?

I was driving in a parking garage and was on my way to go to the second floor. There was a three way stop. I stopped before I made the right turn to go up. A car was coming down stopped before they made the left turn to get out. As she made the left turn, the car hit my car head-on. The damages resulted in minor scratches and paint chip and she has a small crack on her bumper. My body shop estimator said there could be more damage to the frame but won’t find out until the bumper is removed.

I have Ameriprise and she has AAA.

She is saying it’s both of our faults and I said it’s completely her fault.
There were no police report filed and no witnesses.

I am also received back pain and hired an personal injury attorney and currently seeking treatment. I have taken pictures of the scene of the accident and damages to my car.

The attorney is said they will not be involved in the discussions of determining who is at fault ( it is between the two insurance companies). Is this normal?

My question to you is what suggestions you can give me to help prove my case.
Also, what is the worse than can happen in terms of the claims and who is at fault.
Will I get a point for something I did not do?

admin answers:

Actually, entidtil is RIGHT. Police reports aren’t admissible in court. Why? Because the courts know that there are plenty of bone-headed and biased police officers who write reports and they don’t always get it right. Additionally, the officers weren’t there when the accident occurred so their decision of fault is sometimes circumstantial and could be based on biased witness statements. Insurance companies will use the police report as a tool, but a good insurance company would never use it solely to base their liability decision from. (Not sure why this is even being argued since in your case, police likely wouldn’t have responded on private property unless there were major injuries)

To answer your question, you are looking at ways to prove you were not at fault. There are some details you’ve left out of your scenario. So the questions I would have for you are

1) Did the other person have a stop sign too? You said there was a 3 way stop, but was there a forth lane which had no stop sign. Was that car coming from that lane? If so, she would have had the right of way.

2) Were you both moving at the time of loss? If not, I would caution that the person who was not moving would be less or not at all at fault. If you were both moving at the same time, it seems you’d both be at fault.

3) Who got to the stop signs first? Typically, if both did, the person on the right would have the right of way. However this is a private parking garage, this vehicle code would not apply. However it is pretty common knowledge so either way, it can be an avenue to explore…unless of course she was on your right, which it sounds like she was. Sorry

4) Where in the intersection did the loss occur? Could it be said that one vehicle had more control over the intersection than the other?

Hope these help. If I were your adjuster, these are the questions I would be asking. It’s possible you could be at fault based on the answers to these questions. If that is the case, your premiums could go up, but at the same time, be assured that at least you have insurance. Whatever amount of liability your insurance company accepts (could be 80/20, or 50/50, 100/0, etc) they would be working to protect you from further retributions of the other driver in the end.

Donald asks…

Property management not taking steps prevent noise during city quiet hours. What is the next step?

I am a tenant of a two story 70′s built apt with recent immigrants on a work visa from India above me. It is a couple, the guy works the girl doesn’t, and one usually makes a loud (85db confirmed by sound level meter) thump or series of thumps during the night at odd hours such as 12:45am, 4:00am, and 5:30am. These are not normal walking noises. These are loud thumps similar to hearing bowling balls drop above you. While people are sleeping. I have brought this to the attention of the property management many, many times. Their response is that they “address every noise complaint”. I ask them how, they cannot tell me; they only say, that they do address it. They say by asking the residents upstairs to not make loud noises, it is intruding in their space and not “letting them live.” Their final answer is that the apt is not “a good fit” for me. In other words he was trying to say, “our floors are constructed so badly that you will always hear the people upstairs and disturb you during your sleep regardless of time of day or night, so you’re better off a heavy sleeper”. Asshole, why didn’t you tell me before I moved in? If this was a product they were selling, 7 On Your Side would be all over them.

I have also asked the tenants upstairs to be considerate and show some respect to working people; to stop making loud, disturbing noises during the night, when people are sleeping. The thumps are loud enough to be heard outside, and guess what? I was outside at one time when it occurred and yes, the thumps can be heard from outside. I am beginning to think these are done maliciously, since I have asked them to knock it off many times before. One justification he gave was that because India is such a noisy place, they are used to noise and making noise. Last I checked this was the United States, and there are noise ordinances in cities, even if it is isolated noises such as disturbing thumps or door slamming during the night on a consistent basis. I have missed over two weeks of work due to loss of sleep and experiencing health problems due to the loss of sleep. Ear plugs are useless against these noises.

To this day the disturbances are ongoing, and the property management has consistently maintained a spineless and fearful position. I have checked with other property managers with other apts I have rented at, and they see the management reply as irresponsible. I know that a DC or NY jury in a landmark event convicted a property and at fault tenants for maliciously disturbing the other residents during quiet hours.

I have the option to move out. It is only one option, and should not be seen as the first option. I can have landlord/tenant attorneys look into this. I can consult with a personal injury attorney and bring a case against the tenants. I can reach the Immigration and Naturalization Office and file a complaint in attempt to get these two irresponsible visitors deported. I can reach the local law enforcement office but I doubt they would be able to do anything. I would like to hear a few more options. Property management is not responsive, neither are the tenants; what are the next steps?

admin answers:

No, you can’t do any of the things you mention, except move.

Noise complaints involve persistent and continued noise. Single ‘thumps’ would not be actionable.

You cannot sue fellow tenants for such actions, all you can do is get your lease vacated, and your landlord has already said you can move.

No personal injury lawyer will take such a case, since you cannot SHOW injury.

Immigration does not regulate how people behave while in the country, unless they commit felonies.

Local law enforcement, as I mentioned, cannot act on isolated bumps.

Really, moving is your only useful option.

Sandra asks…

Nightmare Landlord-SLUMLORD?

I lived in an apt for a little less than the year. My landlord was a total nightmare to deal with. Slow to make repairs or return calls, wouldn’t follow up on complaints, etc. I than took a fall on slippery stairs and broke my tailbone, on the property. I contacted him to let him know and never heard back. Since I was without health coverage I had a huge medical bill, and he wouldn’t contact me back so I had to get a personal injury attorney.

He only contacted me by letter after I got an attorney and he sent me letters ordering me out of my apapartment on April 30th. My lease wasn’t due to expire until May 30th. He sent me the letter in February ordering me to move out in April. So I complied and made arrangements to move for the end of April.

Than on April 5th I received a duplicate letter telling me I need to move out by May 31. I contacted him and he said the letter from February saying the April date was an “error” and that I’m still responsible to May rent. I told him I will not be paying May rent since his letter ordered me out and I aalready had a new apartment and was set to move. After trying to argue with me about it, he eventually told me I could leave.

But now I have a new problem, he is now saying he has 20 days from May 30th to send me my security deposit. Rhode Island Law gives landlords 20 days from expiration of a lease to return a deposit. But my question is, since he ended my lease in his original letter, on April 30th, shouldn’t he be returning it from THAT date? If I he doesn’t try to keep it, but the apartment was in excellent condition and I have pictures to prove it…
I told him if he didn’t I didn’t receive it 20 days from the end of April I would be taking him to small claims court

admin answers:

You have asked this question before and my answer is still the same.

John asks…

What happens when you want to get rid of a lawyer you have a contract with?

I have a personal injury attorney who I dont want anymore due to their not doing anthing really…I dont owe them money, but I have a new lawyer, that I want to represent me and i need to get rid of the other ones.. I was the one who did the leg work on this and got all the information..but when i told them I was not wanting them to pursue this … they finally told me they actually talked to the other person and company who hit me and now he says they might be willing to settle …and if not my attorney would go after my insurance for uninsured motorist….( found out this company didnt have insurance due to non payment )….problem there I was hit not my vehicle me…I wasnt even near my car…..its all confusing..and the other lawyer is doing more than this one after two weeks

admin answers:

Just tell him you wish to change lawyers. He will still be entitled to a portion of your recovery in the event that you actually get some cash out of this. That portion will be based on the proportion of work he did in comparison to your new lawyer. Be up front with both of them so they can work out the percentages between themselves.

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08. February 2012 · Comments Off · Categories: Personal Injury Lawyer FAQ

Sandra asks…

I have a close relative who has been seriously injured as a result of her employers use of unapproved equip?

equipment. This is a very serious injury that has been ongoing now for more than 6 months. I believe she has been deprived of proper medical care with Worker’s Comp being involved & is suffering terribly. Is there some action that can be taken & is there someone who should be notified of this faulty, unapproved equipment? OSEA or ???? Do they penalize companies? Also, she has not gotten a personal injury attorney, but she needs help. I am not familiar with how to know of an attorney‘s aggressive representation. This may be a permanent injury. Her life is not the same at this time & the suffering is intense. Can someone offer some serious advise on what steps need taken? We have all be hopeful that she would have recovered & have been able to work again by now. She was working for a very large well known organization. She cannot do this herself, although a highly educated young woman. She asked me for advise & I don’t know answers for her. PLEASE SERIOUS ANSWERS ONLY.
I’d like to give more details to give more incite, but this is an unusual injury that I don’t want to disclose. I would not want anything to hinder help for her. She is near Columbus, OH.
She has seen Occupational Doctor, & she saw neurologist with no knowledge (admittedly none) or experience with her injury. Her own personal physician cites huge neglect in her care, but is not a worker’s comp physician & many doctors are not. She has already paid over $800 out of pocket & when not working, find it difficult to pay for things herself. Her own insurance will not pay when she was injured on the job.

admin answers:

First step, go see a doctor, whatever doctor is needed and get the injury documented. When she sees the doctor, they ALWAYS ask if this is a work related injury because the insurance seeks compensation from the company. This will get the ball rolling. If she saw a workman’s comp doctor who is sub par, have her see a doctor on her medical plan which can give her a second opinion on the care she is receiving.

John asks…

What do you do when it seems your attorney is neglecting to communicate with you for more than 2 months.?

I’ve tried to contact my lawyer on several occasions thru e-mail and by telephone to get an update concerning my personal injury case. His secretaries keeps putting me thru to his answering machine, and i keep leaving messages asking him
to please call or e-mail me on this matter.

I have yet to hear from him, it’s been over 2 months now and
all I ask is that he e-mails me if he can’t call.

What could possibly be the problem,
maybe he’s already settled the case ?
maybe he’s not getting his messages, or just not my messages ?
maybe he’s sick or i’ll ?

“Wait “! Maybe he just does’nt give a fu$%k ?

It’s been a year since my traffic accident.

What can should i do at this point?

Sincerely,mitchell@kianas.net

admin answers:

Contact the state bar for some remedy. Your atty guy may be in the line for malpractice.

David asks…

A man recently totaled my husband’s car.?

He was tailgating us and plowed into the back of our Honda with his huge truck when we were changing lanes (legally too). He sent us flying across the feeder where we hit an esplanade. His car was hardly damaged & he lied to the cop telling him “we came out of nowhere and he had to hit us”. The cop talked to us for 1 minute and this man for 15. We were injured, I had to go to the ER because I’m 6 mos pregnant. When the man found this out we think he made up this lie to the cop. Now my husband has a ticket, injuries to his neck and no personal injury attorney will take the case. How can we fight this ticket? We think this man and the cop knew each other. What can we do, traffic lawyer? ugh!
The man lied saying he was calling the cops and the dispatcher said he never made a call. Like I said we were trying to change lanes. He rode our behinds. We had our signal on all along. He showed no signs of wanting to pass. When we merged into the other lane he followed us and sped up and hit us.
And yes, because of the ticket. And the fault being my husbands’ (or so they claim) personal injury attorneys say no go. They also say because it was whiplash they cannot take such a case.

admin answers:

Why won’t a personal injury lawyer take the case? Is it cause you got the ticket? You really need to get a lawyer and maybe your insurance company can help cause for all the cases I’ve known if you get rear ended the one who did it is usually always the guilty party. It’s possiable they are in cahoots. Good luck to you both and to the baby.

Chris asks…

Question about workers comp suit?

Ok…I’ve posted several questions about an accident that I had at work and my boss did NOT have workers comp. I will post it below after these questions. It’s clear that I will need to hired an attorney or file with workers comp who will then go after him themselves. So….I was reading that he could be found negligent for not carrying workers comp. Is this a type of situation to where personal injury attorneys might take the case in a “no win-no pay” type thing? I’m SO BROKE after all of this there’s no way I can afford an attorney. Thank you!

Original post – “I had an accident at work in Colorado late last September and it resulted in me having to have surgery. Bills amounted to over $50,000. My employer did NOT have workers comp insurance and he’s required to by law.All he had was basic liability insurance. Also, he just works under his own name. Not incorporated or anything. NOW…the foot is infected and I’m having a second surgery. I feel like I HAVE to pursue him legally now. I just can’t afford this. I talked to workers comp in Colorado and they said that I should file claim with them and they would make him pay what I’m entitled to PLUS another 50% of that total as a penalty for not having workers comp insurance. My question is….could I settle privately with him for a smaller amount? Other than his house, I know he doesn’t the means of paying such an amount but COULD probably do something smaller. Any help would be appreciated. Thank you!!!”

admin answers:

I suggest that you talk with an attorney who handles workers compensation cases. Most attorneys don’t charge for an initial consultation. Nevertheless, you should ask about the attorney’s policy when you call for an appointment. You don’t want to be surprised with a bill.

Ask the attorney if s/he would be interested in the case or if you should let the worker’s comp people handle it. You could also ask the attorney how much it would cost.

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08. February 2012 · Comments Off · Categories: Personal Injury Lawyer FAQ

Mark asks…

What type of lawyer should I contact?

I was pulled over 2 days ago with my 6 year old daughter in the car and asked for proof of insurance. Because I have a history of not having insurance on my vehicle, the officer called the company to verify the insurance was still valid. The company made a mistake(which they have admitted) and said that I did not have insurance. Because of the number of times in the past I had not had insurance on my vehicle I was arrested and my car was towed. This should not have happened and I would like to know what type of compensation I should get for the situation I was incorrectly put in. I would like to speak with a lawyer to see what the insurance company and the judicial system should do for me in this situation but the only listings for attorneys I can find in the phone book are criminal attorneys and personal injury attorneys. Since the only thing that was injured was my pride I don’t think that a personal injury attorney is the correct person to contact but a criminal attorney doesn’t seem to be right either. Can anyone give me some guidance in this situation?

admin answers:

You should call your local bar association. They can give you names. This is technically a tort issue, but your atty fees will probably be more than your judgment. Sorry.

Ruth asks…

I need legal advice?

I have filed for divorce from my husband, because he closed our joint checking account. He also had already told his family that he was leaving. He has controlled me for the past 7 years, making me quit my job to stay home with our little boy. Now I have nothing . Should I contact a personal injury attorney or what?

admin answers:

You haven’t been personally injured. I’m sorry that you are in a bad situation. But I do have several thoughts to share.

You were wise in filing for divorce. He closed the account and just isn’t interested in making the relationship work. You quit your job, but it was a choice. Sometimes you make choices for “the team”, but in this case it was still a choice. So don’t blame him for that. Pick yourself up and go find a job.

If you have filed, hopefully you are doing it with a lawyer to can help guide you through the process. He can help secure child support from him for your son.

Paul asks…

Car Accident?

I was involved in a car accident in Richmond, Virginia last month. I have since been hounded with calls from the persons insurance company regarding the accident. I am a little wary about answering their questions considering I think they are possibly building a case against me. I contact my insurance company and they couldn’t give me advice one way or another.

I was hit in the back of a driver at a stop light. When the light turned green I didn’t go right away and the car rammed me. I wasn’t wearing my seat belt, which the other driver didn’t know and my face hit the wheel and I received stitches on my lip and my neck is killing me.

My question is does anyone know a personal injury attorney in Virginia preferably Richmond? I’m starting to get worried that they will think the accident was my fault. A name or possibly somewhere I can look to find the best attorney for this incident.

admin answers:

It is not your fault because you were hit from behind. I wouldn’t answer any questions prior to consulting with a lawyer regarding this matter. Also, do not accept any settlements until you really think about how much it is going to cost you for repairs, medical expenses etc. If you are looking for a lawyer go to targetlaw. You should be able to pull several attorneys in your area. Search for Virginia Car Accident Lawyers…. Good luck!

Lisa asks…

How to get insurance to stop ignoring you?

So a few weeks ago i hurt myself on my landlords property. I filed an incident report but they seem to be avoiding talking to me. I also called a personal injury attorney and one of them wanted me to do all this work with the insurance and then he would come along and “help” me (yeah i think help himself to my settlement) So i called another attorney and he is supposed to call me within a week. Are these Personal injury attorneys always so busy they dont have time to do anything for you? I thought these guys were starving for cases and thats where they got the name “abulance chasers” Anyway, how do i get insurance to take me seriously or contact me back?

admin answers:

OK, they have NO duty of good faith towards you.

Landlords have TONS of incident reports, and an insurer isn’t going to jump up and offer you cash, just because you filed one.

Any PI lawyer that can’t return a call from a prospective client within a day, isn’t going to return a call from an ACTIVE client, for weeks.

It’s possible they are ONLY going to take you seriously, if you file suit.

Keep in mind, in order for them to pay you anything they have to determine that your landlord was NEGLECTFUL in something – that they knew there was a harmful condition, AND they didn’t correct it. Just the fact that you hurt yourself, doesn’t automatically entitle you to money. If, for example, you cut yourself slicing a bagel, your landlord isn’t responsible for that AT ALL, so you can expect to be ignored forever.

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08. February 2012 · Comments Off · Categories: Personal Injury Lawyer FAQ

Mary asks…

Car totaled by drunk driver?

My trailblazer was totaled by a drunk driver on 12/19/08. Two of my daughters were in the car and their claim is being handled by a personal injury attorney. My problem is that I am upside down and will still owe 15k, once the insurance and i settle up. I also have out of pocket expenses for a rental car and missed work for the wife and I. I want to know if it is feasible for me to sue the driver for the amount of difference between the insurance and the remainder.
thanks for your help

admin answers:

You need to get a lawyer on this matter. Technically, the insurance company is only required to pay you for the current market value of your car, not what you still owe on your loan. That’s why it is important to have GAP insurance if you are upside down. It will be a tough go to try to make the drunk driver responsible for your upside down loan. He had nothing to do with your being in that situation and should have no responsibility for getting you out.

David asks…

What are approximate $ damages for personal injuries to a 4y/o resulting in surgery to repair labia minora?

While swimming at a pool at a casino rv park my 4 y/o stepped on a drainage cap that wasn’t screwed down, 1 leg fell into the hole while she straddled the cap resulting in damages to the labia minora, was transported to another hospital for surgery that night to repair damages. There doesn’t appear to be any major damage to ureathra at this time. I don’t really want to consult an attorney, but I do want a fair settlement & all expenses for my child. What should I do?

admin answers:

THe owners of the park should be responsible for all medical costs incurred. If you want anything beyond that (which I think you’re entitled to- imagining the emotional damage to your daughter now and repercussively in several years from now), you’ll need an attorney, but most will offer first consultations for free, to determine if you have a case or not. Some will work on a contigency basis which means you don’t pay them until your case is settled.

Charles asks…

Dallas, TX residents or law professionals only please…?

1. Does anybody out there have links to personal injury attorneys for me in the Dallas area?
2. Has anybody out there (in the Dallas area) suffered from an on-site, work related injury/temporary or permanent disability? (if so, please tell me your story)

Long story short. In a menagerie of owners, general contractors, subcontractors, and employees I was injured while performing my job. I worked through the injury (in much pain) in order to complete the project. Yes, the injury was reported to my employer…the subcontractor. He did not suggest, advise, or otherwise seem to terribly concerned about getting me medical attention. Now I know why. He had no Workman’s Compensation insurance.

Here’s the problem: My employer is based out of Colorado. Also my home state. PI attorneys here in CO will not touch my case because the injury occurred across state lines. So, I have 2 options once I can find an attorney in the Dallas area.

1. File a claim/suit against the general contractor.
2. File a claim/suit against the owners of the property.

Please help. I’m in constant pain and have not held / cannot hold a job since Nov. 17th, 2008. To add insult to injury, my former employer has not responded to any of my phone calls or emails re: said injury.

Any ideas appreciated. Plz and Thx.

~peace~

admin answers:

Cam, unless you have witnesses who will verify (strongly) your accident that can convince an injury lawyer (read : ambulance chaser) to risk taking your case on a contingency basis you are pretty much screwed on this. A lawyer willing to take this on contingency is gonna need hard evidence to sue this guy, and even if he wins the case, making him pay will be next to impossible (and any attorney knows that and is unlikely, hence, to take the case on contingency).

Paul asks…

Can I Sue My In-Laws For A Slip and Fall?

I fell on their dogs urine while we were staying at their house temporarily. I fell in August 2008 and am still suffering from the injuries that I will have issues with for the rest of my life. I was a completely healthy individual prior to the fall. I sustained a huge disk protrusion between L4/L5 hitting the nerve root and I have other bulging disks. I also suffered a Grade III ankle sprain that was misdiagnosed for about three months. I recently just got off of crutches. I will have to wear an ankle brace for the rest of my life and arthritis is in the near future. I am only 31 and the mother of two young children ages 5 and 6. I will never be able to run, jump or even wear heals again. I was attending PT for 12 weeks 3times a week and my body was crooked due to the spinal injury until I went to PT. My children are also partially tramatized by my injuries. It has taken thousands of my dollars and they refued to submit anything to their insurance company. They told my husband and I that it wasn’t even an option. Finally after I was injured for and unable to move for 8 months they did file a claim. THey never apologized and only commented saying “All that from slipping on my floor?” They have been rude to my children. I will be dealing with this for the rest of my life-should I hire an Personal Injury Attorney? And why would a Personal Injury Attorney not accept a case? What should I do about all the money that I have spent and will spend in future? Thanks for your advice.

admin answers:

Yeah, you can sue them. Their homeowner’s insurance will be picking up the tab, so it shouldn’t cost them anything. You had better act soon, because depending on the State you live in, your time for filing a claim may be limited.

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07. February 2012 · Comments Off · Categories: Personal Injury Lawyer FAQ

James asks…

Suing In-Laws for Slip and Fall Injuries-Although they may soon be ex-in-laws!?

fell on their dogs urine while we were staying at their house temporarily. I fell in August 2008 and am still suffering from the injuries that I will have issues with for the rest of my life. I was a completely healthy individual prior to the fall. I sustained a huge disk protrusion between L4/L5 hitting the nerve root and I have other bulging disks. I also suffered a Grade III ankle sprain that was misdiagnosed for about three months. I recently just got off of crutches. I will have to wear an ankle brace for the rest of my life and arthritis is in the near future. I am only 31 and the mother of two young children ages 5 and 6. I will never be able to run, jump or even wear heals again. I was attending PT for 12 weeks 3times a week and my body was crooked due to the spinal injury until I went to PT. My children are also partially tramatized by my injuries. It has taken thousands of my dollars and they refued to submit anything to their insurance company. They told my husband and I that it wasn’t even an option. Finally after I was injured for and unable to move for 8 months they did file a claim. THey never apologized and only commented saying “All that from slipping on my floor?” They have been rude to my children. I will be dealing with this for the rest of my life-should I hire an Personal Injury Attorney? And why would a Personal Injury Attorney not accept a case? What should I do about all the money that I have spent and will spend in future? Thanks for your advice.

admin answers:

A Personal Injury Attorney wouldn’t touch this case because

a) there is no money in it.
B) it was an accident. It would be virtually impossible to prove this was negligence.

As to your injuries, you have my sympathy, but surely you had insurance yes?

Good Luck!

Steven asks…

In legal terms, what does it mean to ‘dismiss’ without prejudice?

Personal injury case, attorney wants to dismiss without prejudice, just to turn around and refile the negligence case within 6 months

admin answers:

It means that the case can still be refiled notwithstanding the fact that it was already dismissed.

Lisa asks…

Delaware Car Accident Lawyers?

Involved in a car accident over the weekend and need a personal injury attorney in DE. Places to look? Attorney names? Sprained my knee pretty bad and my car is a mess.

Thanks

admin answers:

I am going through a divorce and i used a site called targetlaw.com. It is like google with all lawyers in it. Really good and will give you pages upon pages of lawyers. Highly recommend it.

William asks…

Which advertisement would you look at?

If you were looking for a personal injury attorney, where would you go?
Would you ask people you know?
If no one had advice…would you get on the internet?
Would you open the phone book, column listings, big full page ads, look at the pictures of the attorney?
How would you find your personal injury attorney?

I am trying to help a friend decide on his ad for his business?
Any opinion is welcome….THANKS!!!!

admin answers:

Personally, when I am looking for something, I start on the Internet. I rarely ever open the yellow or white pages anymore. So I would advise to spend some on advertising on-line.

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07. February 2012 · Comments Off · Categories: Personal Injury Lawyer FAQ

Helen asks…

my lawyer is leaving his law firm. is my retainer now void?

I signed a contingency retainer with my attorney in a personal injury claim. My attorney is now leaving his firm and the case is not settled yet. Do I owe him any money? Is the contract now void? Can I just handle this myself now? He is offering to turn it over to his partner to handle.

admin answers:

It depends. The contract you signed maybe with the law firm vs the attorney. Many lawyers when they work in a firm have to pay a percentage of what they make to the firm. But in some cases when they leave, they take their business with them, or are prevented to take the cases if you signed in effect with the firm.

Since the case is not settled, you can either fire the lawyer or the firm that you signed on the contract. But;;;;;;be advised that in many contingency agreements, there maybe a clause that states that if you fire them or hire another lawyer, could be a “lien” on any settlement or they could bill you for costs that they incurred till you fired them.

The choice is up to you.

Good luck

Paul asks…

Why do so many MORONS hang out in this section telling people to talk to attorneys?

LOOK:

A) We don’t need your !@#$ !@# to tell us to talk to an attorney
B) For God’s sake, stop saying “go get a free consultation”. There is NOTHING FREE when it comes to attorneys. Personal injury attorneys will talk to you for a very short time for “free” and promptly kick you out if they figure they can’t take you for real hard ride. I wouldn’t call that “free” either.
C) Why don’t you try to actually “help” someone if you are wasting your time in here? A wrong answer would be MUCH better than your cop out NON answer of “go talk to an attorney“. Talk to this fool! nIn
NO lawyers other than personal injury take case on contingency. The last one I talked to just sent me a BILL for $250 to sit across a desk for an hour, NOT answer my questions, and tell me he couldn’t help me. Real World, people. NOT YA!
NOT ONLY are attorney NEVER , EVER free they are almost always DAMN EXPENSIVE. So you see … unless you really really know the answer don’t you feel sending so many people in such a bad direction?

admin answers:

For the record, two times in my life I have benefited from a FREE consultation with a lawyer. And both times it has saved me money and time. What is your beef, NOT all cases turn out just as you have described, sometimes a lawyer will take a case on contingency and be paid when or IF the case is decided in their clients favor, its a gamble and some lawyers can take a gamble once in a while.

Don’t go suggesting anyone go to one of the Decyples of Sigmund FRAUD!

Laura asks…

My attorney quit !!!!!?

I have a great personal injury case and my attorney just quit after almost a year of work, I have 6 other attorneys who want the case and my x-attorney won’t give me my file with out paying for his time . He quit does any one know if I really have to pay??????

admin answers:

You have a personal injury case which you describe as “a great p.i. Case”…so the question remains unanswered as to why your x-attorney would quit. Attorneys don’t usually ‘quit’ ‘great’ cases. Usually, personal injury cases are taken on contingency.Thus, the attorney does not collect until the case is settled. But it sounds as if your ex-attorney had you sign some kind of an retainer agreement which alowed him to charge you x amt of money for his time. Either way, the usual procedure is for your new attorney to contact your x-attorney and request the file. He/she then makes an agreement with the new attorney so as to protect whatever his fee is once the case is settled. Of course, laws are different from state to state. One of the “6 other attorneys” can certainly advise you better than non-lawyers such as you will find here. (No – I am not an attorney) but there are 2 attorneys in my family.) Sorry also, but most of these answerers do not know what they are talking about. Hire one of those “6″ other attorneys and let him/her tell you what needs to be done.

Sandra asks…

Does this story speak the truth about Cons, and Dems.?

For those that don’t know about history … Here is a condensed
version:

Humans originally existed as members of small bands of nomadic hunters/gatherers. They lived on deer in the mountains during the summer and would go to the coast and live on fish and lobster in the winter.

The two most important events in all of history were the invention of beer and the invention of the wheel. The wheel was invented to get man to the beer. These were the foundation of modern civilization and together were the catalyst for the splitting of humanity into two distinct subgroups:

1. Liberals, and
2. Conservatives.

Once beer was discovered, it required grain and that was the beginning of agriculture. Neither the glass bottle nor aluminum can were invented yet, so while our early humans were sitting around waiting for them to be invented, they just stayed close to the brewery. That’s how villages were formed.

Some men spent their days tracking and killing animals to B-B-Q at night while they were drinking beer. This was the beginning of what is known as the Conservative movement.

Other men who were weaker and less skilled at hunting learned to live off the conservatives by showing up for the nightly B-B-Q’s and doing the sewing, fetching, and hair dressing. This was the beginning of the Liberal movement.

Some of these liberal men eventually evolved into women. The rest became known as girlie-men. Some noteworthy liberal achievements include the domestication of cats, the invention of group therapy, group hugs, and the concept of Democratic voting to decide how to divide the meat and beer that conservatives provided.

Over the years conservatives came to be symbolized by the largest, most powerful land animal on earth, the elephant. Liberals are symbolized by the jackass.

Modern liberals like imported beer (with lime added), but most prefer white wine or imported bottled water. They eat raw fish but like their beef well done. Sushi, tofu, and French food are standard liberal fare. Another interesting evolutionary side note: most of their women have higher testosterone levels than their men. Most social workers, personal injury attorneys, journalists, dreamers in Hollywood and group therapists are liberals. Liberals invented the designated hitter rule because it wasn’t fair to make the pitcher also bat.

Conservatives drink domestic beer, mostly Bud. They eat red meat and still provide for their women. Conservatives are big-game hunters, rodeo cowboys, lumberjacks, construction workers, firemen, medical doctors, police officers, corporate executives, athletes, members of the military, airline pilots and generally anyone who works productively. Conservatives who own companies hire other conservatives who want to work for a living.

Liberals produce little or nothing. They like to govern the producers and decide what to do with the production. Liberals believe Europeans are more enlightened than Americans. That is why most of the liberals remained in Europe when conservatives were coming to America . They crept in after the Wild West was tamed and created a business of trying to get more for nothing.

Here ends today’s lesson in world history:

It should be noted that a Liberal may have a momentary urge to angrily respond to the above before ansewering it.

admin answers:

FANTASTIC! Absolutely great and a star for you! Oh, steam will be just blowing out the ears out of the liberal kids who frequent this site. You’ll have ruined their day, they will misbehave in school, fight with their sisters & brothers, talk back at Mommie and Daddy, and kick their dogs.

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07. February 2012 · Comments Off · Categories: Personal Injury Lawyer FAQ

Paul asks…

Settlement agreement made during mediation for personal injury, but still haven’t received check?

Went to mediation and came to agreement for Hubby’s claims. The paper that he signed said that payment has to be made within 10 days. It’s been 5 weeks now and lawyer still has NOT gotten check from insurance company. I want to light a fire under their butts to get this settlement check. But I don’t want to be pushy either. Shouldn’t there be some sort of penalty because they (the other party) didn’t hold up their end of the agreement? I know I should be asking my attorney, I tried but I’ve been waiting since Wed. to hear back from him so I can talk to him personally. Why is this taking so long? And is this even legal??

admin answers:

If it was stipulated that they pay within a certain time frame and have not, they are in violation of the agreement. Call the company that is to issue payment and tell them you have contacted the Insurance Commissioner of your state and then do just that. They have the wood to build the fire needed to get them off their butts. Good luck

Sandy asks…

How to prepare Jury Trial hearing and its paperwork at small claim court in Chicago, Illinois?

I got car accident, fortuntely I didnt get hurts, only my car got big damages, the fault driver’s insurance refused to pay me full repairs. only very little portion of repair estimates. my insurance policy is liability only, I do not have money to pay the full repairs. So i hv to sue faultdriver at small claim court. Now it will be final step – Jury Trial hearing. The defendent got attorney who was hired by his insurance, I do not hv attorney since my case is too small, only property damage without personal injury. no attorney would like to take it. I won the Arbitration hearing, but the defendent attorney filed appeal to the court against the arbitration decision. Now I dont know how to prepare Jury Trial hearing and paper including 1, opening statement of case; 2, Jury instruction; 3, Motions in Limine; 4, Additional questions i’d like court to ask during voir dire; 5, Settlement offers; 6, Settlement Autority. Who can advice me how to write those papers and what to speak?
I did call bar association to talk with their referal attorneys,nobody wanna take my case or even further talk in details with me.

admin answers:

Preface: I am NOT admitted to practice in Illinois. Therefore, what I have to say is based on a general understanding of American Civil practice.

With very limited exceptions, small claims proceedings are NOT an proceeding which involve lawyers. In some cases, a lawyer can elevate a claim from small claims to a court of higher record, but that is rare.

I would recommend that you spend the consultation fee for an attorney in your state, Illinois, who can give you an hour or hour and a half worth of adviceon what you need to do.

The money you spend with him/her will be recouped with how well you perform in the court. Of course, when you discuss it with the attorney, you may find that you have other claims which will transfor m the case.. But I can’t speculate given your information.

If you don’t know an attorney, contact your local or state bar association for a referral.

Donna asks…

How long does it take to settle a personal injury suit against an insurance company?

I, along with the tenants upstairs had carbon monoxide poisoning and we all spent the day at the hospital in April of 2006. The poisoning happened because in the 15 years I lived there, the landlord never had the chimney cleaned, and the stuff from the furnace caused a major blockage. I’ve called my attorney‘s office several times in the past 3 years, but they never return my call. I know they wait a while to see if there are any more medical repercussions, but approximately how long do these cases usually take?
The upstairs tenants and I hired an attorney together the following day of the incident. The attorney took the case, and I have spoken to him in person, like at the supermarket, just in passing. He keeps telling me to call because he’s wrapping things up, or he had to file something. I’m really just expecting the hospital bills paid.

admin answers:

Are you sure you have a suit pending? It doesn’t sound like it, or maybe it was already settled by the landlord merely argring to fix the problem. I would contact your neighbors and see if they heard anything. Then, I would make a visit to you attorney’s office.

Sharon asks…

Is this a correct statement of world history/evolution?

For those that don’t know about world history … Here is a condensed versionâ€&brkbar; Humans originally existed as members of small bands of nomadic hunter/gatherers. They lived on deer in the mountains during the summer and went to the coast or rivers and lived on fish and lobster in the winter. The two most important events in history were the invention of beer and the invention of the wheel. The wheel was invented to get man to the beer. These were the foundation of modern civilization and together were the catalyst for the splitting of humanity into two distinct subgroups: 1 . Liberals 2. Conservatives. Once beer was discovered, it required grain and that was the beginning of agriculture.Neither the glass bottle nor aluminum canwere invented yet, so while our early humans were sitting around waiting for them to be invented, they just stayed close to the brewery. That’s how villages were formed. Some men spent their days tracking and killing animals to BBQ at nightwhile they were drinking beer. This was the beginning of what is known as the Conservative movement… Other men who were weaker and less skilled at hunting learned to live off the conservatives by showing up for the nightly BBQ’s and doing the sewing, fetching, and hair dressing. This was the beginning of the Liberal movement. Some of these liberal men eventually evolved into women. They became known as girlie-men. Some note worthy liberal achievements include the domestication of cats, the invention of group therapy, group hugs, and the concept of Democratic voting to decide how to divide the meat and beer that conservatives provided Over the years conservatives came to be symbolized by the largest, most powerful land animal on earth, the elephant. Liberals are symbolized by the jackass for obvious reasons. Modern liberals like imported beer (with lime added), but most prefer white wine or imported bottled water. They eat raw fish but like their beef well done. Sushi, tofu, and French food are standard liberal fare.. Another interesting evolutionary side note: most of their women have higher testosterone levels than their men. Most social workers, personal injury attorneys, journalists, dreamersinHollywood and group therapists are liberals. Liberals invented the designated hitter rule because it wasn’t fair to make the pitcher also bat. Conservatives drink domestic beer, mostly Bud or Miller. They eat red meat and still provide for their women. Conservatives are big game hunters, rodeo cowboys,lumberjacks,construction workers, firemen, medical doctors, police officers, engineers, corporate executives, athletes, members of the military, airline pilots and generally anyone who works productively. Conservatives who own companies hire other conservatives who want to work for a living. Liberals produce little or nothing. They like to govern the producers and decide what to do with the production. Liberals believe Europeans are more enlightened than Americans. That is why most of the liberals remained in Europe when conservatives were coming to America .. They crept in after the Wild West was tamed and created a business of trying to get more for nothing. Here ends today’s lesson in world history: It should be noted that a Liberal may have a momentary urge to angrily respond to the above before forwarding it. A Conservative will simply laugh and be so convinced of the absolute truth of this history that it will be forwarded immediately to other true believers and to more liberals just to #$%$ them off. And there you have it. Let your next action reveal your true self…..I’m going to have another beer.

admin answers:

No, it’s just a funny email.

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07. February 2012 · Comments Off · Categories: Personal Injury Lawyer FAQ

Robert asks…

Auto Accident Personal Injury Settlement Advice?

I was involved in an accident on July 1, 2009. I was coming through an intersection (with a green light) and a vehicle coming in the opposite direction decided to pull out in front of me and make a left hand turn. I ended up hitting them. They were found at fault. I settled with my insurance company to cover the cost of my vehicle. Damages came to about $14, 500 and with that amount my car was totaled. My insurance company (Nationwide) gave me about $7,500, the other drivers insurance company offered me almost a thousand less. I was still financing, so the entire $7,500 paid for what I owed on my car. I then hired an attorney. I sustained a concussion (which I still encounter headaches from and it could continue for years), neck and back pain, lots of bruising, bumps and burns (from the air bags deploying), not to mention the emotional trauma I am STILL going through, I dove into a deep depression from it all. I have about $10,000 in medical expenses (physical therapy, doctors visits etc.) My claim has just now been passed over to the insurance company! What should I expect? What should I base my settlement amount off of? How do you determine how much you should be awarded for pain and suffering? I lost my job from the accident (because I had no car). It’s been almost a year and I still have no car. Can’t afford to buy one without a job and can’t really get a job without a car (goes hand in hand). This wreck has put me through a lot. I hope and pray it’s my last. Any advice? Anything I should go by when the insurance company comes to my lawyer with an offer? Any advice or suggestions is much, much appreciated! Thank you!

admin answers:

Sorry, no ambulance chaser advice, but you might want to move this to the insurance section

Mark asks…

Questions to ask Lawyer per Personal Injury suit/case?

I have an appointment with my attorney tomorrow, and I was hoping for some tips on what type of questions to ask him? A little back information: I’ve had an open, pending lawsuit since 2004 against another driver who totaled my car by slamming into my stopped vehicle at 55 mph. As open/shut as this should be, it’s been anything but. This case has been plagued with problems from day one and has dragged on seemingly forever. The last update I got from my attorney early last year was that he was waiting for the adjuster to come up with a settlement number.

He told me this about March or April last year, and I haven’t heard anything since. When I call, I’m told he’ll call me right back, and when I email, I usually have to resend the same mail about 5 times to get a response which usually ends up being a one liner or something.

Well, I got a little angry last week and wrote him quite the curt email letting him know that I thought his behavior quite unprofessional and lackadaisical. I then asked once again to set up a meeting with him to touch base. My email must have hit home because he called the next day (Last Wednesday) and told me that he had just spent half the morning talking to the adjuster and she had promised to get him a number by Monday (2/1). He then had his paralegal set me an appointment for Thursday afternoon (tomorrow).

Basically, I’m wondering if anyone has any tips for me per what to ask him. Any legal stuff I should be made aware of? Any moves he should be making on my behalf? Any BS signals I should be on the lookout for? If he does have an acceptable offer, is there anything I should have him do while he accepts it? If he doesn’t have an offer, is there anything I’d need to tell him to do? I’m clueless guys, and I’m hoping someone out there has some experience with matters like this.. Or advice…

Thanks in Advance!

admin answers:

Stick to the basics:

Why is the settlement taking so long?
Has the defendant used any delaying tactics?
Has the defendant questioned any of the figures or facts in the case?
Has the defendant made any offers that you rejected without notifying me because the offers were ridiculously low?
What do we need to do to take go to trial?

Betty asks…

Has anyone every settled a personal injury auto settlement? Or know someone who has?

Ok, long story short I was hit head on by a drunk driver, he died on the scene. My car was totaled, I had 2 broken bones and had surgery on 2 disks in my back, upper and lower. My medical bills are $190,000 and my attorney is about to send off the demand letter to the insurance company. Their policy is $500,000. My attorney has said he is asking for the whole policy but what is a real figure I might get?

Not trying to get rich but i have small kids and I need to think about the future. I am 32.

They offered $50,000 when my bills were about $30,000, but I elected to have surgery because I was still in pain. The doctors had recommended surgery all along but I was afraid.

Thanks all, I really appreciate it.
Sorry, they offered $90,000 before the surgeries. Not 50. That was a typo.

admin answers:

I did go through this, but on a much smaller scale than your situation.

Your attorney is your best source for information, especially as auto insurance varies from state to state. However, you still need to ask good questions.

1) You need to understand rights of subrogation. Basically, your health insurer gets paid off the top. Keep asking your attorney questions until you are clear.

2) What are your state’s laws regarding payment for lost or diminished wages?

3) What are the laws regarding payment for pain and suffering?

4) Did your own auto insurance policy include coverage for an uninsured or underinsured party? If so, there might be potential to collect above and beyond the other party’s limit.

5) Do you understand how your attorney is getting paid? Fixed hourly rate or a percentage of any award? If a percentage, is it a percent of the whole award, or only above subrogation?

Best of luck.

William asks…

How long does it take to settle a personal injury claim for an Auto accident?

The accident happened around the beginning of last year. I feel like I’m bugging my attorney but, I don’t understand the timeline of it all! He sent the demand letter to the Insurance company on June 5th and said they had 10 days to respond! Well, it’s been more than 10 days and I’m getting anxious! I have moved out of the state the accident occured in and am having trouble transfering my treatment to where I live now. I have had cervical spinal fusion and have to go have rhizotomys done every six months for gosh knows how long! I just don’t want to bother my Attorney was hoping for some feed back! Oh, and does the amount of your medical bills contribute to how much they’ll offer? Mine at this point are over $200,000.00
If I wait until I am done treating, I will never close my case! According to both my neck surgeon and my pain manangement Doctor, it looks like I have to go in every 6 months to a year to have Rhizotomy’s done on my back, bilateral on 3 levels, for the rest of my life. My Neck surgeon wants me to have them done on my neck but, I’m not healing from these as fast as I should! I also have irreversable nerve damage on my left side. My attorney did not request documentation for lost wages or any other things. He said we have enough with my medical bills and future treatments. The Semi driver’s coverage is a single limit 1Mil. Which I am told is all we can go after! But, just in future Rhizotomy’s we are looking at over 300,000. If I only live until 63. It’s just frustrating and I feel like I’m annoying my attorney, I know he gets 1/3 but, I’m not the type that likes to be considered a pain in the butt.

admin answers:

You have an attorney.

You need to follow up with him.

Since we are not familier with the status of your case (and your attorney is) – you need to speak to him or the case manager working on your case.

You will be paying a very large chunk of any settlement you get to your attorney. Since you are paying him….bug him. It’s your money that is paying for his service/expertise.

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