Personal Injury Legal Questions

The answer is maybe. Some resorts in the islands have forum selection clauses in their hotel booking information when you purchase and reserve accommodations. You would need to review all the contractual itinerary for your hotel reservation etc. to see if in fact they allow a resident guest of the United States to file suit in the US court arising out of an injury occurring on their property. If they do, it's almost exclusively that they will select courts in the state of Florida. However this is all speculation until you have counsel review all your travel itinerary documents regarding your resort reservation. The other issue is liability. There is no strict liability for any injury that happens on any property. You're going to have to prove that they were negligent and that negligence caused your injury. It is not clear from your fact pattern how they were negligent.... Read More

Generally, a party cannot contract away its own liability for personal injury damages caused by its own negligence. The contract would  be considered void as against public policy. However, some Florida courts have upheld these adhesion type contracts  ,but they must include language specifically referring to the negligence of the protected party. So you may have a case but the contract would have to be reviewed. Discuss in private with counsel here in Florida for possible contingency fee reprtesentation which means you dont pay anything unless you win.    Stephen Black, Esq 407-581-2581... Read More

Sorry to hear about this unfortunate mishap. Yes some lawyers do take these types of cases on contingency fee, which means you don't pay anything unless you win. Also keep in mind there is a statute of limitations that you have to comply with, which means that you have to bring your lawsuit within a certain amount of time, and if you don't do that, then you will be forever precluded from bringing Seeking justice. So you need to retain counsel immediately.... Read More

I'm having some difficulty understanding your description of the relevant facts.  I'm understanding that you had a claim and that it was settled such that you were to receive a payment.  The payment went to your lawyer who, more than a week ago, told you that the money would be directly deposited into your account.  If my understanding is correct, I would again speak with the lawyer to confirm that he/she has in fact sent the money to your bank.  Double check that the lawyer has your correct account information.  The lawyer would have received confirmantion from his bank that the funds were transfered.  Ask for a copy.... Read More

Sorry to hear what you're going through.  At this point there's really nothing you can do except take a wait-and-see approach.  The statute of limitations on a personal injury lawsuit is three (3) years so there's still a lot of time left on the clock.  If you had renter's or homeowner's insurance you should report the incident to them to put them on notice of the incident and avoid the risk of a disclaimer in the event you do get sued.  If you do not, in my experience, most attorneys are not going to waste their time suing an uninsured individual.  If the landlord is sued, consider having your grandmother speak with its attorney to give her side of the story.  Keep in mind that slipping on ice because you get nervous after seeing a dog running towards you does not relieve the dog owner of legal responsibility - there can be more than one cause of an incident. 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 More

So sorry for the loss of your husband.  You can try contacting the county clerk's office to see if they have any record of your husband having filed a lawsuit.  Many (but not all) lawsuits are filed in the county in which the incident occurred.   Hope this helps. Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More

A funeral home/Cemetery can be held civilly liable if their neglect and negligence inflicts severe emotional distress on a decedents immediate family members. This is despite that those immediate family members did not suffer any physical injuries. Retain counsel on contingency fee for possible representation. ... Read More

Good question, and I am sorry to hear what happened to you and your girlfriend.  Ouch!   Years ago, from a legal point of view, it was viewed that a dog would have no consequences for his first bite.  In other words, if there was no warning that the dog had a history of biting, and no one was held responsible.  However, times have changed.   The strength of your case depends if the dog had a history of biting others.  The fact that the dog's owner did nothing, helps your case as well.  And, since your girlfriend was also injured and she was in the "zone of danger," both of you can sue for emotional distress.  It comes down to the extent of your injuries and the emotional distress this has caused you and your girlfiend. You have nothing to lose in seeking the counsel of a local attorney to help you evaluate your case.... Read More

It sounds like you have a case worth, at least, a consultation with an attorney.   My consultations are absolutely free.  My first question would be whether UPS is a workers compensation "subscriber" or are they a "non-subscriber."  (Something tells me that they are a non-subscriber).... Read More

Yes, he still could sue. In each jurisdiction, there is a statute of limitations that applies to torts like battery assault and negligence. That provides a time period in which he can bring a lawsuit, and if he does not comply with that strict time period, then he will be forever barred from bringing his claim. If you want to determine the statue of limitations that applies to your situation, you can contact a negligence lawyer in the state of Nevada for advice and counsel.... Read More

The hotel should have insurance, and that does not really matter who purchases the building or who operates the hotel.  Since you say you are suing, I would hope that you would consult with your own lawyer on this, unless you are doing this pro-se..on your own.  Since there's a serious injury, if you do not or have not sought a review with an attorney, you should.  If you have a lawyer, follow up with him or her on this question.  ... Read More

You can certainly get a second opinion from an experienced Personal Injury attorney.  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. There are requirements to follow and deadlines, so do not delay.... Read More