Personal Injury Legal Questions

While there may be negligence on the part of the Walmart employee, the issue is one of the damages you suffered.  I would encourage you to gather your medical bills together and if you missed work, then you would also have lost wages.  If you have long term brain injury that is a whole different issue. ... Read Answer

So sorry to hear what happened to you.  You might want to write to the company that shipped you the food and let them know it shipped you expired food, that you became sick, etc.  If you incurred any medical bills you can ask them to reimburse you but they would be under no legal obligaiton to do so.  Unfortunately, unless you sustained a serious, permanent injury, the time and expense of prosecuting a lawsuit would not be justified.  Also, keep in mind that if you knowingly consumed expired food there's probably not much you can do.   Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read Answer

The work injury in the ditch sounds like a workers compensation claim so you should seek out that type of lawyer, as it is a specialized area of the law.  The gunshot is unclear to me when it occured or who shot you so I cannot commnt other than to say there are time periods within which a case has to be brought and depending on when this occured, it may be too late.  As to the police hitting you with a baton, Colorado requires that a notice be sent to the governing body for the place the police work (like to the City Attorney or County commissioners, etc.), within 182 days of the incident before a lawsuit can be brought. There may be a way around that but even then lawsuits have to be brought within certain time periods and in Colorado to sue a police agency I beleive it normally has to be filed within one year of the incident.  BUT you could talk to a civil rights lawyer about that one, to get more specific insights.  Good luck.... Read Answer

Sorry to hear about your fall.  There is no law granting you the right to a copy of the incident report you filled out.  And given that you cannot sue your employer for personal injuries, there's really no benefit to getting a copy of the report.  In the event you file a claim for workers' compensation benefits, your employer will have to fill out a First Report of Work-Related Injury/Illness Form.   Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read Answer

Mr. Boria, have an attorney make the first contact.  The building will not take your case seriously if you do not have an attorney.  Nor will the building's insurance company negotiate with you in good faith if you're representing yourself. That the building was issued violations related to the stairwell may or may not be relevant depending on whether any of the conditions for which it was cited contributed to your fall.  In other words, if you fell because of a torn / loose floor covering, then the violation would be relevant.  If, on the other hand, you fell because there was water or debris on the stairs, the violations would be irrelevant.   Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read Answer

You should discuss your case with a personal injury lawyer here in Florida. In addition to claims that you have against your Employer under the Workmen's Compensation statutes, you may have a claim against a third-party if that third-party's Actions or omissions to act resulted in your damages. ... Read Answer

Sorry - but this will get chalked up to an "Ezell" scam claim by Walmart absent you having credible evidence the crutches broke on thier own and directly causing the injuries you describe. Ezell is character from the movie Friday referecing a slip and fall scam he runs for drug money in a mini-mart. You obviously need to get the medical care you need to your conditions regardless, absent some solid evidence of Walmart's legal liability, such a case won't get very far. You need to start with gathering up all of your medical records for the past 5 years and from the incident described so any personal injury lawyer can review them directly. ... Read Answer

Sorry to hear you're being given the run-around.  Although you certainly have the right to file a formal complaint with the Grievance Committee, it's not clear how you were harmed by your attorney's conduct or conflict of interest, especially if you were aware of at least 2 of the conflicts all along.  Keep in mind that you havea  right to choose whatever lawyer you want to represent you and can change attorneys at any time.  If you're not satisfied with the representation you're receiving or feel the conflicts are interfering with your attorney's representation of you, you should find a new lawyer.  Before doing so you might want to have an in-person meeting with your lawyers and try to get some straight answers about what's going on with your case.   Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read Answer

You may have a claim if repettitive trauma can be shown by way of past medical records and by medical providers reports and testimony.  I suffer from similar injuries and can only imagine the pain you are in.  Please feel free to contact my firm today to set up a free consultation with us.  203.870.6700... Read Answer

Yes, you may have a case. Typically, in defamation cases, the plaintiff is required to prove that he has suffered damages and has to prove the damages that he suffered. There are four exceptions to the rule where The plaintiff is excused from the burden of proving damages. Those four categories are where the defendant has accused the plaintiff of having a loathsome disease, accusing the plaintiff of being a person of ill repute, accusing the plaintiff of engaging in fraudulent or deceptive business practices, or accusing the plaintiff of committing a criminal act. So the circumstances of your specific case would need to be explored to see if the facts would fall into one of these four categories. And even if they do not fall into one of those four categories you still may have a case if you can prove that you have suffered damages as a result of this defamation. So more facts are needed, so call counsel to discuss the case in more detail.... Read Answer

I would suggest you write a letter to the apartment manager and have it delivered in a way you can prove they received it - hand deliver it to someone in the office, have a friend hand deliver it (or be with you so they can confimr it was delivered), or send it 'return receipt' (signed).  Or write an email and if they reply that proves they received it.... Read Answer

Yes you actually might have a case. Just like my colleague said I think it would be to your advantage to take pictures of your feet, and get follow up care from a qualified competent physician so that you can have a paper trail of your medical record. The rule in Florida is we have the impact rule on personal injury cases which means once there is a physical impact that is directly caused and resulting from negligence of a third-party, then you cannot only collect damages related to that physical impact injury but then you can also collect all your emotional distress damages so we're not allowed to solicit your case, but you are welcome to review One of us And make contact regarding your case.... Read Answer

Has she filed a lawsuit? If so, most courts will require that the parties "mediate" with a third party mediator to see if they can resolve it out of court. If it has not been filed in court yet, you can contact her and see what she wants and negotiate from there. You will want her to sign a release, if you reach a settlement, in exchange for the check.  IF her insurance company compensated her, they may be entittled to repayment as well, so consider that. It is likely best to hire a lawyer to work through this with you to make sure it is done correctly.... Read Answer

Sorry to hear your lawyer is not as responsive as you'd like him or her to be.  Whether you should find a new lawyer is really a personal decision.  You may want to schedule an in-person meeting (or Zoom meeting) with your lawyer and get specific answers as to what's been going on with your case, e.g. have depositions been held, is the case on the trial calendar, have there been any settlement discussions, etc.  If you do not get satisfactory answers you can find a new attorney using the Find a Lawyer tab 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 http://kdrpilawyers.com/   ... Read Answer

So sorry to hear what happened to you.  It really depends on why the hotel door slammed on your finger.  Was there something wrong with the door?  Or did your finger get slammed by a door that was in good condition in every respect?  If the former, then you might have a case, depending on the nature of the dangerous condition and whether the hotel had "notice" of this condition, i.e. it either knew about the condition and did not repair it, or the condition existed for a long enough period of time before your accident to have permitted the hotel to discover it and repair it.   Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read Answer

It appears you and your husband have potential cases against the driver and owner of the vehicle and Papa Johns. A Personal Injury attorney can investigate this matter and determine all possible responsible parties and insurance coverages including any available 1st party coverage rather than pursuing on your own. Choose an experienced professional to guide and advise you and evaluate your claims. You need to be advised how the PIP system works and beyond for auto claims in Florida. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. Do not delay, there are important requirements and deadlines with which to comply.... Read Answer

Ms. Mcadam, When you were struck in the face, the attacker arguably committed assault, battery and possibly, and this may surprise you – negligence. The elements of each are: 1. Assault: intent to cause a harmful or offensive contact with a person of another or third person, or an imminent apprehension of such contact, and the victim is put in reasonable apprehension of such contact; 2.  Battery:  intent to cause a harmful or offensive contact with the person of another, or third person, and a harmful or offensive contact occurs, directly or indirectly; 3. Negligence: failure to use reasonable care, resulting in damage or injury to another.  To prevail, a victim must show a defendant owed a duty; breach of that duty; and the breach caused damages.  A factor to consider is whether the attacker would be insured for your claim.  If a negligence claim is alleged, the attacker could request any insurance company that insured his home to defend him and pay for your damages up to the limits of his coverage.  Bear in mind, insurance companies do not cover damages that result from intentional misconduct.  Thus, if the other driver were found liable for assault/battery, most likely any insurance company that insured him would deny coverage.  For this reason, you would want to include a claim for negligence, which insurance companies do cover when an insured's negligent conduct causes bodily injuries. Although the facts presented do not suggest a viable liability theory against the resort, this is something you should discuss with a lawyer. Michael J. Menicucci - Menicucci Law Group 714-742-6848   ... Read Answer