Personal Injury Legal Questions

You can contact the court clerk in the county in which the accident happened, and inquire as to whether any party has sued you in your name. Just because you have not been served, doesn't mean the action has not been filed. In most states, parties have a few months up to three usually in order to serve a defendant in an action that has been timely filed.... Read Answer

Regina.  Do you still need counsel for this case. My office is still interested in helping you 407-581-2581   You may be able to bring a claim against your stepmother for the wrongful death of your father. You should have a private phone consultation with a lawyer, about the facts and circumstances surrounding this tragedy. If it looks like there's a case, then you should retain an attorney on contingency fee, which means you don't pay anything unless you win the case. Do you have evidence to establish that your stepmother neglected treating your father with food water and medicine for 3 days? Or is it just your gut feeling?  Stephen Black, Esq. (407) 581-2581... Read Answer

Potentially.  You are essentially pursuing a negligence claim.  If the business was negligent in the operation, design upkeep etc., of the entryway and her fall was caused by the condition of the area, then they are probably liable, at least in part, for her injuries.  For a definitive answer I suggest sitting down with an attorney to review the circumstances in detail and advise you.   Best of luck.... Read Answer

More information would be needed to determine whether you have a viable claim against your landlord,  your neighbor, or someone else. Most of the time, for you to have a valid claim against someone, you need to point to something specific that the person did that was wrong or you need to point to an agreement that you had with that person. Neighbor: If, for example, your neighbor fell asleep with a cigarette, you may have a claim. However, if someone broke into the neighbor’s property and set the fire, you may not have a claim against the neighbor. Your landlord: Based on the information you have provided, it's hard to see how your landlord would be at fault, so you are unlikely to have a claim against your landlord unless your landlord was somehow at fault for causing the fire or if your lease says the landlord would be responsible for damage to your property. Your landlord’s insurance would only pay if the landlord is legally at fault. Other people: If the fire was caused by a faulty equipment that your neighbor was using, then you may have a claim against the manufacturer of the equipment. If you had insurance, then you may have a claim against your insurance carrier.   There are many possible ways to approach this situation based on other information.... Read Answer

Anyone can sue anyone else over anything.  The question is can you substantiate your claim? In order to do so, you need to show damages and liability.  To show damages you need to be able to produce medical records and/ or doctor notes illustrating your mother's injury. I find it unlikely that anything here would be worth the time and money of filing a suit.  Please feel free to contact me with more details and/or questions if you need further assistance. 203.870.6700.  Good luck.... Read Answer

OK so the first thing you need to do is retain a lawyer here in Florida to send out a preservation of evidence letter via certified mail. This will put the nightclub on notice that any video that they have in their possession needs to be preserved for possible litigation purposes. Secondly, you should file a police report immediately so that you can create a paper trail and have the police department interview witnesses and interview employees and yourself when all the evidence is fresh in the minds of all involved. Thirdly, you should get treatment so that you also create a paper trail of any injury that you have sustained. I have done many of these cases, and bar fights between patrons or between bouncers and patrons usually have a liability policy limit of $25,000-$50,000. So it's important to take all the steps necessary to document your case.    ... Read Answer

I'm so sorry for the loss of your mother. I am not sure about your theories of liability howevr, the place to start is with a consultation. You will have to reach out because we cannot solicit you. We all give free consultations. Do not delay as there are deadlines  and they are relatively short.... Read Answer

It wholly depends on whether there was an injury, which needs to be documented with medical treatment and records. If an injury was incurred, further investigation should be considered. There are requirements and deadlines for bringing claims, so if applicable, contact a Personal Injury Attorney for consultation on behalf of your husband. We cannot solicit- you will have to reach out. ... Read Answer

I am sorry to hear about this and hope that your son will fully recover. This is worth investigating to pursue holding the responsible party(ies) accountable. An attorney providing advice will need much more information than what you have provided and to go into the issues you have identified, the answer would be too lengthy. There are requirements and deadlines. That is why you must consult with an attorney without delay, who can interview you and explain the system and how it applies to you and your son. We all provide free consultations.     ... Read Answer

In short, you should hire an attorney ASAP.  You need to serve legal documents to obtain the video footage and other evidence related to the incident.  Probably get witness statements and more.  You should also seek medical care for your injuries.  Not all doctors want to get involved with a lawsuit, so you may need to see someone other than your normal primary care physician.  An attorney can assist you will all this.  Time is not on your side, get legal counsel.  Most will take the case on a contingency fee.  That means you pay nothing unless they win your case. Keep in mind that attorneys on this forum cannot respond saying, "yes I can help call me."  You need to be the one to initiate direct contact with the lawyer.  Best of luck.... Read Answer

Call your insurance carrier IMMEDIATELY.  Even though the accident was three years ago, you will still be covered by the insurance that you had in effect at the time.  Even though someone else was driving the car, you are legally responsible for their negligence, if any.  Your insurance carrier will hire attorneys to defend you in the lawsuit and pay any judgment that might be entered against you up to the limits of your insurance policy.   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

Provided you did not suffer a "grave injury", they are correct.  If you were injured at work and the party responsible for your injury was your employer (as opposed to a third party) then your only recourse is through workers' compensation which will pay for your lost earnings and medical expenses.  You can only recover damages for pain and suffering in a third-party lawsuit, i.e. in a lawsuit against a party other than your employer.   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