Personal Injury Legal Questions

From what you've described it does not sound like you can.  In New York State, you cannot sue your employer for personal injuries sustained on the job unless you've sustained a "Grave Injury".  A Grave Injury is limited to inuries such as death, loss / amputation of multiple fingers, paraplegia, severe facial disfigurement, etc.  You can, however, file a claim for workers' compensation benefits (assuming your employer carries workers' compensation insurance). ... Read Answer

From what you've written it sounds like the restaurant accepted responsibility for what happened to you and tried to make it up to you be giving you a free foor and drinks.  Given the time and expense associated with litigation, it might not make sense to bring a lawsuit against the restaurant.  Your best bet might be to speak with the manager and see if the restaurant would be willing to pay for the cost of having your chipped tooth fixed.... Read Answer

Hello Terry, Very sorry to hear of your terrible injury. We will need to discuss the facts and what happened in this case regarding negligence, defective product, etc. to determine proper party(ies) and viability. We provide statewide representation for many of our clients. We can not directly solicit you, so you will need to reach out for a consultation.   ... Read Answer

In California, there is a legal principle known as the "shopkeeper's privilege."  It is a limited right to detain a person suspected of shoplifting.  I stress that this privilege is limited, meaning that the detention must be carried out in a reasonable manner.  Generally speaking, what constitutes reasonable manner will depend on the facts of each case, but resorting to physical violence is not likely to be viewed as reasonable when the son (whether or not he was an employee) could have gone inside and called 911.  You likely have a civil and criminal case of assault and battery.  Crucial to the outcome of this situation, however, is whether you have the video?  If you don't, then it becomes a credibility contest between you and the son/shopkeeper.  Did you file a police report?  Anything that documents contemporaneously what happened?  If you don't have the video, and I suspect you don't, the likelihood of it still being around is slim, as many businesses like the one you described recycle their video.  It depends on what type of system they are using and how sophisticated a place it is.... Read Answer

You very well might have a case against Sonic.  My concern would be whether you kept the plastic piece, have receipts showing you purchased the burger, or other evidence to prove your claim.  Also, how serious are your injuries?  Did you have to seek medical treatment?  Realistically, for an attorney to get involved in this type of personal injury case, you would need to demonstrate more than just minor injuries.  ... Read Answer

Did the Workers Comp settle for aproximately 45K? I am asking because his/her fee should be 20% on the Comp file.  The PI file would have 33.3% contingency fee.  Keep in mind, all your medicals and costs must be paid out of the PI Settlement as well.  Depending on the length of the case, those expenses can mount up fast.  Have you asked for your attorney for a settlement statement?  Please feel free to contact us back with more details if you need assistance.... Read Answer

Dear Jacqueline,   You may very well have a Personal Injury Premises Liability Case, if the actions fall in the category of negligence, as opposed to an Assault and Battery case. It all depends upon the facts and how they are presented. We cannot directly solicit you, so you will need to reach out for consultation to go more deeply into all of the surrounding facts in this unfortunate situation. ... Read Answer

There is already a class action pending that has been filed in the Northern District of California federal court by other, similarly situated parents. You can read about it here.  You may choose to join the class or "opt out" and file an individual lawsuit, but there are strict procedures that must be followed. Typically, you should not opt out unless you are planning to file an individual lawsuit. Let me know if I can be of any other assistance.... Read Answer

Dear Dennee, The answer to your question is a qualified yes, however this depends among other things: upon your signed agreement for representation, the reason for withdrawal, terms of withdrawal and court approval. Keep trying to secure representation in a persistent and transparent fashion. Your situation may be one of urgency depending upon the issues and timing. Make sure that you understand the consequences of withdrawal being granted and potential for case dismissal especially with regard to Statute of Limitations.  ... Read Answer

When you are involved in an automobile accident in California and you don't have insurance, your right to receive damages is severely limited.  You are entitled to recover economic damages, like property damages, lost income, medical expenses, but you cannot recover "noneconomic damages," such as pain and suffering.  It does not matter if the accident was not your fault because all drivers are required to carry auto insurance.... Read Answer

 You do need an attorney. More times than not, people who represent themselves end up doing much more harm than good in their case.  Additionally, there is more involved in your case and than just negotiating a settlement. You also have the added complication of reimbursing the workers compensation plan and knowing your rights in that respect. The role of an attorney is to make sure your claim is giving higher priority than any other Interested party. It never hurts to call and at least get a free consultation. At least you will know your options and can make a decision on how to proceed.... Read Answer

Possibly - the issue is are you willing the spend thousands of dollars in legal fees suing the neighbor over those issues to try and get thier attention or force thier taking some actin against the tenants. if the answer is yes, you need to retain a lawyer ASAP and get to it. If the answer is no, the there likely is not real legal remedy and you may have to consider selling your house and moving if you don't want to live next to a rental property. ... Read Answer

Hello, You should hire an attorney to help maximize your settlement. The insurane companies like to take advantage of unrepresented parties and offer them low ball settlements. Depending on how severe the bites are and how it affected your mother, you should be able to recover for your medical bills as well as future treatment and pain and suffering. Make sure that you are not leaving any money on the table by hiring an attorney. Thank you... Read Answer

Dear Anonymous, Usually in a personal injury contingency matter case the 40% would apply once a lawsuit is filed, hence to answer your question the 40% would kick in before the actual trial but after the lawsuit was filed which would include jury selection, discovery, all other pre trial acitivity. However, if your retainer agreement has the specific language that you listed stating only if the case proceeded to a trial, the 40% would not apply before jury selection, discovery, and everything else that would take place between the time a lawsuit is filed and the trial takes place. The 40% would apply only if the case went to a Trial.   Hope that helps.  ... Read Answer

If you have been served with a complaint seeking damages, you should absolutely consult with a lawyer in person or over the telephone, not here.  If you do not answer a complaint in a timely manner, the plaintiff can obtain a default judgment against you, provided the plaintiff meets certain procedural requirements.  ... Read Answer

Hi Diana..This is a guess, but usually, lawyers drop cases when either no insurance coverage exists, no real injuries occur or where liability is lacking. The first two dont apply as you suffered a real injury and the House of Blues must have excellent insurance coverage, which leaves the third reason. My guess (and its only a guess) is that counsel felt that liability does not exist. In order for a propery owner to be liable for this type of fall, they have to be on notice of a dangerous condition on their premises that they should have forseen could cause this accident and also that they failed to take steps to remove that dangerous condition. What caused your fall? Was there lack of lighting? Were there no handrails on the stairs? Had you been drinking? Were you wearing high heels? More facts would be needed to determine the issue of liabilty. Contact to discuss. ... Read Answer