Personal Injury Legal Questions

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More