Personal Injury Legal Questions

Normally, any household member who is a relative of the insured is automatically on the insurance policy of the car owner. However, if your resident relative was using the vehicle for a business purpose as opposed to personal use, then your carrier may deny coverage. You should seek a consultation with a lawyer in your jurisdiction to review the policy language for specific advice. ... Read Answer

You Should Retain an Attorney on a Contingency Fee Basis. Hiring an attorney on contingency means you pay nothing unless you win. Insurance companies rarely take unrepresented claimants seriously because they routinely offer lowball settlements under the guise of fairness. Experienced attorneys know the true value of your case and can maximize your recovery by referring you to qualified physicians who will properly diagnose your injuries. Beyond case value, attorneys also negotiate your medical bills and liens. Many settlements are subject to subrogation claims from insurance carriers who paid your medical benefits. Unrepresented parties are often blindsided when their insurer calls post-settlement asking how much they recovered, unaware that a portion of that money may legally belong to the lien holder. In summary this is not a do-it-yourself project. Do yourself a favor and retain an attorney on contingency fee. If you cannot find one, then you can reach out privately to one of us for assistance finding one in your state. ... Read Answer

You may have a claim against the school based on a lack of supervision theory especially if the boy had a history of this violent type of behavior. If it’s a public school, you’ll likely need to file an administrative tort claim before initiating a lawsuit. If you’re unable to find a lawyer, feel free to reach out to one of us, we’ll do our best to help you find one.... Read Answer

Yes, your mom may have a valid case if she can show the restaurant’s negligence caused her slip and fall. State law doesn’t impose strict liability for injuries on business premises—you must prove the restaurant knew or should have known about the dangerous condition and failed to fix it or warn customers. Evidence like surveillance footage, incident reports, or witness statements can help establish fault.     ... Read Answer

Yes, your child has a claim against the city owned park. Hopefully you took pictures to prove the case. Consult with counsel in your state to represent you. Any settlement recovery would be placed into a structured annuity to be paid to your child when she reaches the age of 18. Act quickly because time limits for filing a claim against the government are very short. If you need help finding counsel in your state,  one of us on this platform could assist you with that. Good luck.   ... Read Answer

Based on your description of the accident, you should consult with a personal injury lawyer licensed in Idaho ASAP. If you sustained new injuries or aggravated a pre-existing injury, and you undergo additional medical treatment as a result, you likely have a claim that an accident attorney would be interested in assisting you with.  Disclaimer: This response is for general informational purposes only and does not create an attorney-client relationship. ... Read Answer

No possible way to answer such a question as there are too many variables. Obviously, the other driver doesn't share your version of what occurred and the notion that you had to go the wrong way in a round a bout and apologized profusely suggests you are down playing your role in what actually occurred. This sounds likea road rage incident that thankfully did not escalate beyond cross words. ... Read Answer

Yes, you may have a case against the bar—even if it’s closed—based on negligent security. You’re approaching the statute of limitations for personal injury in Colorado, so it’s important to act quickly. You should hire an attorney on a contingency fee basis, meaning you don’t pay unless you win. We can’t solicit cases through this platform, but you’re welcome to research our backgrounds and reach out privately with one of us.        ... Read Answer

Yes, you may have a case. Only immediate relatives of a decedent who has been treated with disrespect during the funeral home process can have a claim. Hopefully the new funeral home took photographs that can prove the tortious interference with the decedent. This platform prohibits attorneys from soliciting cases from those posting questions, but you're welcome to research your background and reach out to one of us privately. ... Read Answer

Yes, if the bar failed to provide adequate security to protect its patrons, you likely have a strong premises liability case based on negligent security. This remains true even if the bar has since closed. Most bars carry commercial liability insurance, which can still provide coverage even after the business ceases operations.       ... Read Answer

OK, I'm really sorry about this incident. I hope you get better. So there is no automatic liability if you were injured on another person's property. The injured party has to prove that their damages were caused by the negligence of the property owner or property manager, it does not appear from your fact pattern that they did anything negligent to cause your damages. If they do have a homeowners insurance policy, usually there's always a med pay portion that they will tender provided that a person was injured on the property and you suffered damages. However, that being said, you should still search for an attorney in Colorado as there could be liability based on some kind of clever argument that they gave you a tool that they knew or should've known was defective and you had no knowledge that this tool was defective. There could be other arguments you could make, but that's just one off the top of my head.    ... Read Answer

I’m so sorry your wife is still living with this pain. Unfortunately, the legal door closed a while ago. In Ohio, the two-year deadline for injury lawsuits ran out when she reached adulthood, and the release her parents signed would block any new claim. Even so, she isn’t without help. If her pain keeps her from working, a disability lawyer can guide her through applying for SSDI or SSI, and her doctor can refer her to a pain clinic. I know this doesn’t feel like the justice she deserved, but it can bring real financial relief and better day-to-day care. ... Read Answer

You may have a workers comp claim, but if you were just an independent contractor for a project on a home, then you may not. It depends on its unique facts. Secondly, you also may have a claim against the homeowner for negligence, if the ladder was defective in someway, or there was something about your accident that was caused by the homeowners carelessness. But even then, his homeowners insurance policy may have exclusions for accidents that happen to people in your situation. You should discuss this case thoroughly with an attorney in your jurisdiction for specific advice.  ... Read Answer

If you just had superficial injuries, no lawyer will be interested in taking your case. However, if you have a meaningful injury that has long-term damage consequences, then you should consult with an attorney to take your case on a contingency fee basis, which means you pay nothing unless you win.... Read Answer

I'm truly sorry to hear about your mother's injuries. Situations involving negligence can be complicated, and I know how important it is to find the right guidance. Due to the rules of this website, attorneys cannot directly solicit cases, but you're welcome to research our backgrounds and reach out to one of us.  ... Read Answer

Sorry to hear what happened to you. If the salon was on notice of your medical condition and, ignoring the condition, performed a procedure that aggravated the condition, it could be responsible for the resulting harm. Best to speak with an experienced personal injury attorney. You can find many excellent attorneys using legal directories such as Find Law, Super Lawyers, Martindale and AVVO. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read Answer

Ms. Watson, sorry to hear what happened to you. In New York, before you can file a lawsuit against the State of New York, you must first file a Notice of Claim within 90 days of the occurrence. If you haven't filed a Notice of Claim yet, you will be uanble to bring a lawsuit against the State. Here's something I found online which you might find helpful, https://ww2.nycourts.gov/COURTS/nyscourtofclaims/faq.shtml Keep in mind that under the doctrine of qualified immunity, the State would likely not have any liability for not performing what you believe to have been a thorough enough investigation. The individual who assaulted you, however, would be responsible for any harm she caused you. The statute of limitations for bringing a lawsuit against this individual would be one (1) year from the date of the incident. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read Answer

Mr. Graham, sorry to hear what happened to you. The short answer to your question is yes, you can be compensated, provided you can prove that the nursing facility's treatment of you fell below the accepted standard of care; and that said departure was a proximate cause of your injury. If you haven't already, speak with an experienced personal injury attorney. You can find many excellent attorneys using legal directories such as Martindale, Super Lawyers, Find Law and AVVO. You don't try to handle it by yourself - you'll never be taken seriously. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read Answer

Ms. Andrews, I'm so sorry for your loss. Before you can sue a municipality, you must first file a Notice of Claim. After the Notice of Claim is filed, you will be asked to appear for a 50-h hearing at which time an attorney will ask you questions about the claim. Once that's completed, the next step would be to file a lawsuit against the municipality. Again, the Notice of Claim / 50-h hearing are both prerequisites to the filing of the lawsuit.  If you haven't already, you should consider hiring an experienced personal injury attorney. Litigating a wrongful death case is difficult even for seasoned litigators, even more so for a pro se plaintiff. You can find many excellent attorneys using legal directories such as Find Law, Super Lawyers, Martindale and AVVO. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read Answer