Car Accident Legal Questions

Hi James, First, when did your accident occur? You need to file a workmans comp claim. These are a special category of auto accidents. You have two different claims here. Your employers workmans comp is responsible for paying and then the other driver's car is also responsible. The time to file a workmans comp claim is much shorter than a traditianal personal injury claim. You absolutely should file a claim. If you don't you will end up waiving any claim against your employer and possibly the other driver. Let's see you start hurting or have issues a year or so down the road, there won't be anything you can do about it. Contact an attorney to assist you asap. ... Read Answer

Domenico. You should file a claim against the tow company for your property damages. Additionally, if you suffered personal injuries you should seek medical attention within 14 days of the accident or else you waive your PIP benefits. Retain counsel here in Florida on contingency fee which means you pay nothing unless you win. ... Read Answer

Hi Edwin. If you have a video -and hopefully a license plate or other identifying information for fire truck number- and there was property damage or you were injured- you have a case. An experienced personal injury attorney (such as myself, with over 20 years in practice) will know just how to go about getting your case started. Even if you haven't been to a doctor yet, it's not too late to get yourself checked out and you should do so immediately. Head neck & back injuries sometimes don't start to cause real pain until weeks after an accident. Treating them immediately and steadily is crucial to your health and to building a case. With the FDNY at fault, if you're injured this case is potentially worth a great deal of money.  ... Read Answer

If your insurance company told you that the other driver was 90% at fault, and you are only 10% at fault, yhen you should retain counsel here in Florida on contingency fee, which means you don't pay anything unless you win. If the driver has a liability insurance policy, Then you could pursue a counter claim for your dain the lawsuit that was filed against you.... Read Answer

You need to review the mortgage loan documents to see what remedies both the lender and your boyfriends heirs are entitled to upon the passing of the borrower. Additionally, you need to file to become executor of his estate, which then would give you the authority to renegotiate the terms of the loan so the heirs can assume said loan. If these attempts are not acceptable to the lender, then they may just sell the home to recover the balance remaining on the note. You need to bring all the paperwork with you including but not limited to the will, the loan agreement and a market appraisal of the home etc and speak with an estate planning lawyer for advice and representation.... Read Answer

Sorry to hear what happened to you.  You have a right to discharge your lawyer at any time.  My office regularly handles pedestrian knockdowns / motor vehicle crashes.  Would be happy to speak with you about your case.  Feel free to call me at 212-226-6662.  You can also find many excellent personal injury lawyers using the search tool on the Lawyers.com homepage. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

In the US, as well as in WI, a person can sue another person for any legitimate reason so the answer is yes you can sue your Dad.  The real question is whether that suit will succeed and if your Dad is collectoible.  It would not be a case I'd take but call other WI Personal Injury lawyers and see if any are interested in it.  Good Luck.... Read Answer

Yes, you have a case.  No matter whether the car that hit you was hit from behind, the driver of the Prius that hit you is required under the CA Vehicle Code to maintain a safe distance behind your vehicle sufficient to prevent such an accident.  The only time I could see the Prius' insurance denying your claim is if you were both stopped at a stop light, e.g., and the hit and run driver then hit the Prius pushing him into you.  Then you would need to make an uninsured motorist claim with your insurance.... Read Answer

Airbags aren't typically designed to deploy in rear-impact crashes, since the danger to a person from their body being thrust forward against the steeringwheel/dash is very low (as the seatbelt should restrain you upon the recoil effect from the rear impact).  Also, if you had no insurance at the time of the collision, you will not be allowed to recover pain and suffering damages for your injury from the responsible driver's insurance.  Unless you know for sure that your Escalade was designed with rear-impact airbags, and/or the recall was for such equipment, it sounds like you don't have a products liability case.... Read Answer

If you are not willing to pay the deductible to have your own insurance carrier cover the damage and the other driver's insurance will not cover the damages in full, your only option would be to sue the other driver (either for the full amount or for your deductible if you get your vehicle repaired first)  Keep in mind that if the other driver's insurance will not cover the damages in full, winning a lawsuit against the other driver might leave you with nothing more than a paper judgment (as you'll be left trying to collect against the defendant).  In the end it might be easier to pay the deductible and then sue the other driver in small claims court to recoup your deductible. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com    ... Read Answer

Sorry to hear what happened to you.  In New York, the other driver (and his insurance carrier) would be responsible for the fair market value of your vehicle (or the cost to repair the damage), whichever was less.  With regard to recoveing consequential damages, that gets trickier.  Certainly you would be entitled to the cost of having to temporarily rent a car.  Once you get compensated for the cost of your vehicle, however, you'd arguably have no basis to remain out of work as you could purchase a replacement vehicle (or drive your repaired vehicle).  And depending on the wording of the other driver's insurance policy, it might not even cover any such damages (which means even if you won a lawsuit against the other driver, his insurance carrier would not be required to pay the judgment if you won).   Unfortunately, as you've probbably experienced already, most attorneys are not interested in taking on property damage claims of this nature or for this amount.  You can try your local bar association's legal referral service or attorney directories such as AVVO, Justia or Martindale.  Keep in mind that the jurisdictional limits of small claims court in New York is only $10,000.  If your damages exceed that threshold you'll need to bring your lawsuit in civil court. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

If there are valid medical liens on your settlement, there's not a whole lot you can do to expedite their resolution.  You can ask the attorney for the names of each of the medical providers who have liens and call them yourself to request they speed up the settlement process.  If you believe your attorney did not settle when you asked him/her to do so, you can report them to the CA State Bar as doing this is a violation of the Bar's ethical rules.... Read Answer

There is a good chance that he has a case. Your friend needs to contact an attorney as soon as possible.  There are many important details that an attorney must consider. Based on the information you provided, there may be a claim against the driver of the car, against one or more doctors, and possibly against the manufacturer of the rods and plates. In your question, I did not see any information about when your friend was hit by the car or the dates of the three surgeries. The dates on which the car hit your friend and the dates on which the surgeries occurred may effect what claims your friend still has. In Missouri, the statute of limitations for most personal injuries is five years. You also mentioned failed surgeries and faulty rods and plates. If medical malpractice occurred, Missouri has a two year statute of limitations for those claims, although if certain facts are present, that time may extend more than two years after the surgery. It would be helpful if you would provide more information about the date of the initial accident as well as the dates of the surgeries. Your friend's injuries are serious and it would be in his best interest to contact an attorney as soon as possible to evaluate his potential case and to determine the best steps to take. Even if he has additional time before the statute of limitations runs, it is better to gather evidence early while memories are fresh. An attorney will need to take a close look at evidence relating to the initial injury and all of the relevant medical records. I strongly encourage your friend to reach out to a qualified attorney to evaluate whether he has a case. Time is of the essence with legal claims. I wish your friend the very best.... Read Answer