Personal Injury Legal Questions

Did the firm you hired file a lawsuit? If they did not, then you should speak with another attorney about possible substitution of counsel. In some cases, Insurance companies don't really take a law firm seriously UNLESS they file a lawsuit. Most lawyers just want to "settle" cases on the phone without doing the hard work of filing suit, doing discovery, hiring expert witnesses and spending time and their "own" expense litigating the case to trial. They just want to "negotiate" with a non lawyer insurance adjuster. Do you see the big difference? Reach out to one of us to discuss. If a law firm withdraws from the case they by law don't have a charging lien on the file, so you have nothing to lose by getting a second opinion. Cases involving injuries that occurred prior to Spring 2023 are subject to the old statute of limitations of 4 years. Cases involving injuries that occurred after Spring 2023 are subject to the new 2 year statute of limitations. ... Read Answer

Your complaint is more that the local government does not support your business. That is a political issue not a legal one. As to the water issue, thats generally covered by soveriegn immunity where you cannot sue the goverment for its discretionary or decision making conduct. Water contaminaiton is typically a short term issue solved by boiling the water or using bottled water temporarily.... Read Answer

It is gratifying that you recognize this was most likely an unfortunate accident.  It is common for certain businesses that provide potentially dangerous activities, like a trampoline park, to require such a waiver as a condition for participation in the activity.  Some individuals are not as well-grounded as you and would try to sue them for such an accident.... Read Answer

If the school was on actual or constructive notice that your daughter was being bullied by these students and didn't separate the bullies from your daughter, then she may have a case. You didn't specify the extent of her injuries. This is important because the value of the case would not only depend on liability but also on her damages, past and future. ... Read Answer

You should seekrepresentation immediately. It would be wise to preserve photos of the scene, your body and store away your footwear. Seek appropriate medical care. You should contact a Personal Injury Attorney as soon as possible to review all facts and circumstances-especially details regarding the dangerous condition which caused your injury- and hopefully obtain representation. If there is a dangerous condition that caused your fall, resulting in a significant injury, a Personal Injury attorney can investigate this matter and determine all possible responsible parties rather than you pursue this on your own. A Personal Injury attorney experienced in handling Slip/Trip and Fall cases can guide and advise you and evaluate your claim. 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 so a notification to preserve any video evidence may be sent timely and not to potentially prejudice your rights. Loren L. Gold, Esq.... Read Answer

Whether you should sue Sonic for finding a roach in your burger is up to you.  In a lawsuit, you may recover the damages you sustained as a result of the acts or omissions of Sonic or its employees.  Your burger was a non-conforming good because a reasonable trier of fact is highly likely to conclude that you ordered a hamburger without a roach.  Because Sonic delivered a non-conforming hamburger with a roach, you are entitled to receive a refund of the price you paid for the hamburger.  If the presence of the roach caused you to sustain other compensible damages--for example medical expenses, lost wages from your job, etc.--you likely can recover those damages as well.It is highly unlikely any reasonable experienced attorney would accept such a claim on a contingency fee.  So, you will likely need to pay the attorney an hourly fee for services in your case.  ... Read Answer

After a slip and fall in a California grocery store, promptly seek medical attention, document the scene, and report the incident to store management. Preserve evidence and consult with a personal injury attorney. To pursue a claim, establish the duty of care, breach of duty, causation, and damages. California law considers comparative negligence. Seek legal advice tailored to your case for guidance.... Read Answer

This simply does not exist. There is no "pre-approval" process for dogs to be deemed not dangerous. That said, you may want to hire a lawyer that deals with "animal law" but expect to spend thousands of dollars or more in legal fees trying to challenge the label. That said, if your dog broke a prong collar and "jumped" on anyone else, it may well qualify as a dangerous dog under Fla. Stat. 767. ... Read Answer

I'm glad you're OK. Without a physical injury, there is no legal redress for an emotional or mental injury in PA (and most if not all states) if this was negligence in not fixing the brakes properly, Intentional or reckless behavior does allow for damages for an emotional injury but it is hard to prove it was recklessness or intentional and unless you are debilitated and unable to work, the damages wouldn't make bringing a lawsuit worth it.... Read Answer

Unless this is a workers comp claim originally, employers are not obligated to employ you on light duty just because your doctor recommends it. You be at risk of being fired. It is YOU that is required to abide by the doctors orders and if you cannot or chose to work in a manner that causes more problems, this is not generally the responsibility of the employer.... Read Answer

Maybe.  You don't say what happened after you found el cucaracha and complained to management. You did complain to management, didn't you? Did they fill out a report? Did they give you a phone number to file a claim? Did you give them a written statement? If you didn't make a report, you're probably out of luck. Did you contact the city and/or parish health authorities and make them aware of the conditions at the restaurant?  Did you take pictures? Everyone has a cellphone with a camera these days. Did you go to the doctor or the E.R. afterward? Any pre-existing medical issues? Did you get the names of any unbiased witnesses who might have seen you run to the restroom? It must have caused quite a commotion. Cases like this usually wind up going all the way to trial because the restaurant's reputation is at stake. Unless there are very serious medical issues and provable damages, it will probably be difficult to find an attorney who will accept your case on a contingency fee basis. I think I'd find another restaurant.  ... Read Answer

Rosario, sorry to hear that your attorney is not being more responsive.  Best course of action would be to speak with the paralegal and schedule an in-person meeting with  your lawyer.  Don't take no for an answer.  If your attorney is refusing to meet with you, you can always look for a new lawyer (although that will arguably delay your case even further).  Sometimes even the suggestion that you might start looking for a new lawyer is enough to get someone's attention. From what I can gather online, your case is still in discovery, 159053/2018.  There was a court conference back in April which resulted in a discovery order directing two of the defendants to appear for depositions in June (ACM and Macy's).  Unclear whether they went ahead or if discovery is now complete.  There was supposed to have been a further compliance conference on July 11, 2023. Keep in mind that five (5) years is not that old for personal injury lawsuits, especially in New York.  Before Covid, the court system was already backlogged.  Covid made things even worse. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

Not much you can do here as it was you that lost your phone by your own carelessness. If someone claims that was thier phone at the hostess stand, there is not likely a remedy other than you buying another phone or making an insurance claim. Under current Florida law if you are 51% at fault for the loss - you recover nothing. ... Read Answer

I think you have a claim against the person who assaulted you at the home.  I need more information on whether the homeowner knew that the assailant was going to attack you or had a propensity for violence.  Normally, the landowner/homeowner is not responsible for attacks on others such as yourself.  I would encourage you to find out who the person is.  ... Read Answer