Personal Injury Legal Questions

Incident reports are protected work product that the gym does not have to disclose to you. Additionally, as my colleague pointed out, the gym is not vicariously liable for the intentional acts of one of their paying customers, unless they have reason to believe or knew that this child that hit your child had a propensity to commit violence. However, it is possible that you may have a claim against the child's parents for Negligent supervision, if they knew that their child had a propensity to commit violence and didn't take steps or warn the gym when their child used their facilities. How badly was your child injured from the attack?... Read Answer

Its a tough call because there is no separate claim to add on legal fees in a third party claim, i.e. against the at fault party. That stated, you need to first start with thier insurance carrier as Florida requires a minimum of $10,000.00 in property damage liability insurance that should cover the damages described. If they have no insurance and you don't have collision - you are likely stuck. ... Read Answer

This is why you hire a lawyer immediately when such things occur. Here you need to do so ASAP given the time that has passed. Hopefully they have retained the video. The key here is your medical care as there is a dramatic difference between a very bad burn that requires medical care and one that does not even after a month passing. The former supports a legal claim the latter does not. ... Read Answer

This is a parenting issue not a legal one. You should be less concerned about lawyering up to "get your child justice" over having water poured on her to wake her up falling asleep in class as opposed to addressing your childs inappropriate conduct of doing so. School classes are not nap spaces and your child should be raised to know better. It doesn't matter that she "wasn't feeling good" as that is simply an excuse for any child to do what they want OTHER than paying attention or learning in school. You child should know enough that if they "don't feel good" to seek out the school nurse or contact you in order to be brought to a physician or hospital. Now, that stated, if you feel compelled to address this with the teacher it should be nothing more than talking to the teacher about this in a rational fashion, possibly with the Principal , leaving the "activist" jargon and mindset at home. There were certainly other options such as simply sending her to the principal's office for disciplinary action. Now, does that excuse the teachers conduct, no. The key here is to ensure that the school is follows proper disciplinary rules and procedures going forward and that the teachers actions are addressed, at least internally. Thre was no harm here and your child was in the wrong to start, so this should not become a legal issue absent more, unless you feel compelled to spend a good deal of money on legal fees making a point. ... Read Answer

A dog owner is strictly liable for injuries that his pet dog inflicts upon you. The procedure is to identify the owner of the dog and then make demand on him to produce his homeowners insurance policy to see if he is covered for this incident, or if he does not own property, then demand to see his renters insurance policy if he rents.    ... Read Answer

In order to sue a business for injuries that you sustained while on their premises, you have to show that they were negligent and their negligence caused your injuries. While watering down a driveway would result in for seeable slips and falls, they are going to argue that you were on notice and fully accepted the risk of walking in the area that was hosed down. I'm not saying you don't have a case, but the liability is a stretch here, and also the damages being that you only sustained soft tissue injuries is not really worth pursuing a lawsuit over. However feel free to reach out to one of us for possible contingency fee representation which means you don't pay anything unless you win.... Read Answer

Sorry to hear what happened to your friend. He should speak with an experienced personal injury lawyer.  Many excellent personal injury lawyers can be found 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

You are in a very tough spot as you have to defend yourself in the lawsuit and also if a judgment is entered against you, you will have to pay it. If you don't have a lot of money, you may want to consult with a bankruptcy attorney to see if you can go bankrupt on any judgment. Before doing that though, you may want to pay for an hour of a personal injury lawyers time to get advise on things you may be able to do.... Read Answer

Because it appears you were injured while performing job duties, you may have a claim for workers' compensation. Did you report your injuries to your supervisor? When did you discover your injuries? Filing a workers' compensation claim would likely be your best chance at recovering in a lawsuit. You would need to start by filing an 'Employees Claim for Compensation' (DWC Form 041) with the Texas Division of Workers' Compensation.   It is possible you may also have a claim against parents/doctors, depending on the facts of your situation.... Read Answer

When a person makes false statements about you, and such statements have harmed your reputation, you may have a case for defamation.  Such a claim must be filed within 1 year of the false statements and you should seek a personal injury attorney as soon as possible to discuss your rights. I trust this answers your questions but do not hesitate to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer