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1 Answer | Asked in Personal Injury and Civil Rights on
Q: what can be done with vehicles, canopies, trailers, and tents parked on the sidewalks of AZ 264 impeding pedestrians?

there is a 4 mile stretch where every year a parade happens during the 1st weekend in september. in preparation people mark of spaces with tape, canopy frames, trailers, abandon vehicles, and whatever else they can leave behind to "Save" spots for this stupid parade. This morning I... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2024

I'm sorry this is being done to your community. Your safety concerns are valid, especially with the elderly or disabled. A starting point could be to bring the matter to the attention of your local city council member, assemblyman, senator, or other public official. If your region or district... View More

1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: What dose ocga 33-24-41.1
Michael W. Horst
Michael W. Horst
answered on Sep 5, 2024

This statute (O.C.G. A. § 33-24-41.1) addressed instances when there are two insurance policies which apply to the same claim. It allows for a claimant (i.e., the injured person who is asserting the claim) to recover the policy limits from the primary policy and then pursue a second policy. The... View More

2 Answers | Asked in Personal Injury, Contracts and Car Accidents for Georgia on
Q: Are indemnification clauses common in personal injury settlement agreements?

Indemnification, it says if the insurance company or their driver gets sued by anyone related to my injuries , such as medical provider or any other person or entity then I have to defend and reimburse the insurance company or driver for any further action or costs , including any attorneys fees .... View More

Michael W. Horst
Michael W. Horst
answered on Sep 5, 2024

Indemnification clauses (also known as hold harmless agreements) are standard in every release signed by a personal injury claimant. In fact, it would be shocking if the insurance company failed to include such a clause in the release.

In terms of of the court action, I assume you are...
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1 Answer | Asked in Personal Injury, Domestic Violence and Criminal Law for Utah on
Q: In Utah, I got arrested for DV/assault. I did not do this. Will the initiator still get in trouble?

x

James J. Lee
PREMIUM
James J. Lee
answered on Sep 4, 2024

If you got arrested, that means the police believe you committed a crime. While I'm not sure what you mean by "initiator", any other party involved in this incident would be considered a victim and/or a witness. The victim or witness would not be in trouble for anything. Of course,... View More

1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Car Accidents for Colorado on
Q: I was involved with a road rage incident, I felt like I was in imminent danger, I drove around them and hit their door.

While driving in traffic, a driver brake checked me and parked their vehicle blocking any forward movement of my truck on the roadway. They exited driver side of their vehicle and proceeded verbally attack me. The driver began moving in aggressive mannerisms and and reaching into their vehicle. I... View More

Justie Dee Nicol
Justie Dee Nicol
answered on Sep 3, 2024

How lucky an officer was nearby! I would still file an accident report for insurance purposes. I would also let your insurance know what you indicated here: that you were in fear for your safety and drove away from an unsafe situation. They can determine culpability for the damages. You may also... View More

1 Answer | Asked in Family Law, Personal Injury and Medical Malpractice for West Virginia on
Q: My sister switched my dad's Hernia mesh lawsuit to her name, I took care of him, he passed will she get it all
D. Michael Burke
D. Michael Burke
answered on Sep 2, 2024

Not in West Virginia. Your sister apparently was appointed the Administratrix (the female version of an administrator) of your father's estate, or was named the executrix of his will. Her job is to act on behalf of his estate, and as one of his beneficiaries, you are entitled to make a claim... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: I'm trying to figure out how to file a motion to Oppose/Object a Motion for Summary judgement.

I am the Plaintiff in a slip and fall lawsuit against a grocery store. I had to end up defending myself pro se. On 6/18/24 I was granted the motion to receive a copy of the surveillance footage of the incident before deposition. The defendant sent 9 files that were difficult to access, so I was... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 2, 2024

You need to file an opposition to the motion for summary judgment. It should be supported by an affidavit (written statement under oath and signed by you and the notary before whom you swore under oath) setting forth the genuine issues of material fact which you believe would be issues to prevent... View More

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2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: I'm trying to figure out how to file a motion to Oppose/Object a Motion for Summary judgement.

I am the Plaintiff in a slip and fall lawsuit against a grocery store. I had to end up defending myself pro se. On 6/18/24 I was granted the motion to receive a copy of the surveillance footage of the incident before deposition. The defendant sent 9 files that were difficult to access, so I was... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2024

In Florida, to oppose the Motion for Summary Judgment, you should file a written response detailing the new evidence you discovered from the surveillance footage. Explain that the video now shows how the spill occurred and how long it was on the floor, which creates a genuine issue of material... View More

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1 Answer | Asked in Employment Law, Personal Injury and Wrongful Death for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 31, 2024

Yes Surgical smoke is toxic and you wife's estate may have a case, but a doctor would have to tie that surgical smoke to her cause of cancer and not another cause such as smoking two packs of cigarettes a day if you get what I am saying. Definately speak with a lawyer ASAP.

1 Answer | Asked in Personal Injury and Small Claims for Texas on
Q: If I think I was harmed due to negligence what are the steps that I need to take to sue a plasma donating facility?

Thus just happened yesterday

James Clifton
PREMIUM
James Clifton
answered on Aug 31, 2024

First seek medical attention. Then, document your injuries and get a professional medical opinion to connect your injury to the facility's negligence.

Second, gather evidence, such as any relevant documents, witness statements, and photos.

Last, schedule a free consultation to...
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2 Answers | Asked in Copyright, Personal Injury, Intellectual Property and Libel & Slander for Ohio on
Q: Can I send a cease and desist letter for defamation/ libel?

I recently watched a presentation of a marketing and sales coach who gave names of his clients as examples. I reached out to a client who was in a similar industry to me to both find out more about her offerings for my own life but also to learn more and gain insight from her sales process. The... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 30, 2024

Your inquiry to the client who had been identified by the coach was perfectly reasonable and defensible, so the threat of retaliation was bluster. The threat to cause you harm is "actionable", that is, you could sue for it to get an injunction and possible money damages. So, challenging... View More

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3 Answers | Asked in Personal Injury for California on
Q: When calendar days are counted at court for due date, is it inclusive last day?

How days are counted by court?

For example, 3 calendar days from 10/01/24. Is it Inclusive 10/04/24?

Jonathan Kintzele
Jonathan Kintzele
answered on Aug 29, 2024

In California, the simple way to remember is that there are two types of deadlines when calculating the last day for something to be served or filed: forward-looking deadlines and backwards-looking deadlines.

Forward-looking deadlines are ones that are as follows: "no later than X days...
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2 Answers | Asked in Personal Injury for Florida on
Q: Was injured on newly renovated city property. Ground gave way and I went 3ft Into hole and recieved hip fracture.

It's was last Sept. City's insurance company says it's contractors negligence, contractors insurance says they aren't covering it. So I don't know what to do. I have 30k in medical from it and about 40k in missed work..

James Clifton
PREMIUM
James Clifton
answered on Aug 29, 2024

You likely have lost the ability to file a lawsuit against the city because a notice of claim must be filed within 180 days of the accident. You will need to go after the contractor under a standard negligence claim. As with the city, there are specific time frames that you must meet to make sure... View More

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1 Answer | Asked in Personal Injury and Car Accidents for South Carolina on
Q: What's my case worth

I was parked in an alley and proceeded to walk into the store. I heard a horn honk and went back to my car and when I approached it was a security money truck. He waived at me and vice versa. I then went to get in my car and before I could open my door to the car he was behind me trying to pass... View More

Tim Akpinar
Tim Akpinar
answered on Aug 28, 2024

A South Carolina attorney could advise best, but your question remains open for a week. It could be difficult for attorneys here to advise you on what your case is worth based on these limited facts. I'm sorry about your accident. I hope you're okay. You could probably get an idea of the... View More

4 Answers | Asked in Car Accidents, Personal Injury and Bankruptcy on
Q: I have a pending personal lawsuit for an at-fault accident w/inj. My ins is too low to cover all costs. Options?

Is my home, car or income at risk? Will Chapter 7 or 13 be an option?

Tim Akpinar
Tim Akpinar
answered on Aug 28, 2024

They could be at risk. But before pushing the panic button, you could probably make a more well-informed decision if you reviewed things with an attorney. Your post is very brief. An experienced attorney could offer better guidance with knowledge about the accident, the demand, the realistic... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: How liable is a clinical study for injury from a blood draw needle?

I'm participating in a clinical trial, we're at a point where we return only once a week to do a single blood draw. On one of these blood draws a few days ago a woman do the draws aggressively stuck me in the arm, causing a shooting pain down my arm, she then wiggled the needle around in... View More

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2024

A Missouri attorney could advise best, but your question remains open for two weeks. The short answer to your question is that they could be liable. In terms of a viable case, that could depend on damages. You could consult with attorneys to discuss further. Based on what you describe, it looks... View More

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1 Answer | Asked in Personal Injury, Animal / Dog Law and Landlord - Tenant for Louisiana on
Q: A Pitt bull mauled me at a rental house that knew tenent had a Pitt bull tied in backyard. No fence only change.

Ok I got a lawsuit on owner of property. They have a 300.000 policy. The owner of dog got evicted and has vanished. Louisiana st . Property owner knew about Pitt and did nothing. Tenant was there 4 years . Severe attack. Anyone else dog broke chain I fought him off of me. With lots of wounds. He... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 26, 2024

It sounds like you believe you have a lawsuit but you need to attorney----if so, please use the Justia Find a Lawyer tab and search for accident/injury lawyers in your area----most lawyers in this area of practice will provide a free first consult so I recommend that you set up meetings with as... View More

2 Answers | Asked in Personal Injury and Small Claims for Texas on
Q: Can I get a settlement if I was breathing in black mold for a hundred days when I was encarcerated in a facility in2021
John Michael Frick
John Michael Frick
answered on Aug 26, 2024

Most personal injury lawsuits are resolved by settlement. If you have a case on file, talk to your lawyer about the strength of your case for liability and the total amount of damages you sustained (most likely, out-of-pocket medical expenses based on your question). your lawyer can help you... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Can injury from an auto accident from 4 years ago have a bearing on my current auto injury case even though I was healed

I am being told that the current injury case is being downplayed because this accident “aggravated “ existing conditions..NOT TRUE.. I was completely healed from the accident of 4 years ago but now the insurance adjuster are using that to lowball my claim offer. My question is, is there a... View More

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2024

A Georgia attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney on any state-specific rules, the GENERAL approach applied nationwide in the type of situation you describe is that the plaintiff relies on the opinion of a... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Can injury from an auto accident from 4 years ago have a bearing on my current auto injury case even though I was healed

I am being told that the current injury case is being downplayed because this accident “aggravated “ existing conditions..NOT TRUE.. I was completely healed from the accident of 4 years ago but now the insurance adjuster are using that to lowball my claim offer. My question is, is there a... View More

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2024

Addendum - To be more responsive to the point you ask about regarding SOLs, I have not seen situations where statutes of limitations were used on the issue of relevance/irrelevance of prior injuries. It's usually a case-by-case analysis, depending on the quality of the medical opinion... View More

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