Questions Answered by Expert Edward A. Smith

Subject	Date Asked
slip and fall	10/12/2011
Q: Mr. Edward A. Smith, On Saturday October 8, 2011 my mother(62yrs) slipped and fell in a grocery ... A: Some stores have Medpay on their insurance which pays medical bills only regardless of fault. Your ...
Slip and Fall in a grocery store	9/23/2011
Q: I fell at the grocery store yesterday and went to the ER yesterday, I am badly bruised and going to ... A: There is likely responsibility on the grocery store, but its likely you'll be able to handle this ...
car crash	7/23/2011
Q: I was involved in a car accident where me car spun around on the highway and the rolled back end ... A: Aliysha, it depends on how severely you were injured. The easiest way may be to sue the person who ...
tripped and fell on stair	7/12/2011
Q: I tripped on a single stair, falling face first into another flight of concrete stairs at my apt ... A: You may have a good case on liability but not much in medical bills and damages for an attorney to ...
Wal~Mart Injury	7/6/2011
Q: No one gave me the paper work for a claim to be filled out now having problems from that injury. and ... A: You may be able to sue if the Time limit (Statute of Limitations) has not run. Please call a local ...
8 year old son's injury	7/5/2011
Q: My 8 yr old son was at a friends house and they decided to ride his new electric motorcycle. The ... A: The parents in almost all states are responsible for their minor's childrens mistakes..leastwise up ...
Slipped and fell at Vegas night club	7/4/2011
Q: Vegas temp is high at night now so they turned on mist. No warning signs that the concrete near the ... A: Possibly. Depends whether the danger was open and obvious or if they should have slip treated the ...
my car accident injury settlement	5/12/2011
Q: I was hit by a driver who made an illegal left hand turn. He tboned me on the passenger side, and ... A: Yes, getting correct lien ammts can take a long time. Your lawyer should write them telling them ...
son's injury	5/6/2011
Q: My 12yr old son was at a birthday sleep over at his friend's house. The next morning while riding ... A: Your main option is to find a personal injury lawyer and have them deal with this. If the parents ...
tripped on pallet in store	4/6/2011
Q: I scrapped the skin off my big toe on a pallet in the dollar store. It was bleeding and very sore. ... A: Its a very small case. I would try to settle with them or if they won't settle consider Small Claims ...
Pedestrians crossing on drivers green light	3/27/2011
Q: I have a question about something that happens all to often in the streets of Los Angeles a ... A: Its a factual question for the jury whether there was comparative negligence on your part. Just ...
Broke my foot at a friends house	3/22/2011
Q: I recently broke my foot helping my friend put up siding on his shed. I was wondering since I'm ... A: Well unless your friend was negligent, he (Or his insurance) is not responsible for your injury. Did ...
slip & fall	3/16/2011
Q: I was walking in walgreen and was pushing a cart and I slipped in some liquid soap on the floor, I ... A: You may well have a very good case but I need more questions answered. Please call me tomorrow. Ed ...
fell and fractured wrist	2/22/2011
Q: Yesterday I tripped from a pot-hole at my apartment complex driveway/parking lot, I landed on my ... A: Please call me or write me at ed@autoaccident.com or 1-800-404-5400. I need to speak further to you ...
fell in a parking lot	2/21/2011
Q: My husband fell in a school parking lot at night, Basketball tournament, there were no lights, the ... A: Possibly but you will need to comply with a Claims Statute with the public entity as well as file a ...
Slip and fall Days Inn Hotel	2/15/2011
Q: My 11 year old daughter was taking a shower and the knob to the hot water would not turn off do to ... A: Without a serious and permanent injury its unlikely a case that an attorney could help you with. ...
Home owners insurance	1/13/2011
Q: A 76 year old woman fell and got hurt while helping a neighbor and their insurance is refusing to ... A: Usually Homeowners does cover slip and fall accidents. Is this what you are writing about? What city ...
tripped on a drain hole in the restroom floor.	1/8/2011
Q: I used the restroom and when I was finished I went to wash my hands and my tripped by a drain hole ... A: Sorry to hear of your accident. Luckily, it appears your injuries were rather minor. The best bet ...
accident at Walmart	1/7/2011
Q: on 12/21/10 I had an accident at Walmart, where 2 coffee cans fell on the upper part of my right ... A: Its likely not a big enough case for an attorney to handle. You might want to sue them in Small ...
Water slide injury	12/13/2010
Q: My son was hurt in Hawaii on the 2nd day of vacation on a hotel waterslide that resulted in a trip ... A: Colleen, there might be a case here, but at least i California it would be minimal. Its tough to ...
broken wrist	12/13/2010
Q: I slipped on a candy wrapper at a movie theater and fell and broke my wrist in 4 places. Can I sue ... A: Yes, you can sue, Lynda..issue is..can you win?? Please call me at 800-404-5400 as I'd like to ask ...
Slip and fall- who is liable?	12/1/2010
Q: The tenant signed a lease agreement with an indemnification statement, "Owner shall not be liable ... A: Impossible to answer in the abstract. This would be a question for a jury in most states. Perhaps ...
Fall resulting in ACL torn on homeowner property	11/14/2010
Q: My previous living arrangements ended up sour. My former landlord and I had a renters agreement ... A: Tough to answer without seeing where you fell and getting the full circumstances. From the sound of ...
Slip and Fall	11/9/2010
Q: December 2009, I fell on a sheet of black ice in a parking garage upper exposed level. The fall was ... A: In most states, it is not too late. In California, where I practice the time limit to file this type ...
boxed merchandice on floor	11/9/2010
Q: i worked at a store and at about one hour before it closes we would bring pallets out stacked high ... A: It may or it may not be legal (Depending on the state) but it's a bad business practice and if ...
Slip and Fall	11/2/2010
Q: I was traveling for work and staying at a Hilton Garden Inn..in the morning I woke and went to ... A: Your case is way to complex for me to help you in any significant way. You need an experienced ...
non citizen	10/26/2010
Q: i.i slip and fall at ross store,and hurt my arm.my arm numb and hard to move.i went to ER and had ... A: You should contact an experienced personal injury lawyer in the city where this happened and see if ...
Minor Rear End Accident - Major Pain	10/17/2010
Q: Good evening, I was in an automobile accident approximately 4 months ago. I was in the median ... A: Be glad to point you in the right direction. Lets talk on the telephone. I need to know if you have ...
slip and fall	10/15/2010
Q: do i have to answer personal questions such as questions concerning marital status,private ... A: Answer to who? You don't have to answer anything unless you are in litigation with this case. If you ...
slip and fall	9/27/2010
Q: I was at heart Dr office having a stress test done 15 min after nuclear injection I was in waiting ... A: It really depends on how you slipped and fell and why. I suspect an attorney in your area will need ...
invade of privacy	9/15/2010
Q: me and my husband stayed the Hilton hotel the next day at 10am i was giving my husband oral sex and ... A: Possibly. She didn't knock or anything? Maids can usually and do usually clean rooms before checkout ...
Slip & fall one the stairs question	9/8/2010
Q: I just rented my 2-story townhouse that has two flights of stairs inside. The stairs are generally ... A: There is likely no scenerio you can devise where there is no chance to lose. That's why its ...
Slip and Fall at Apt. Complex	9/1/2010
Q: Just wondering if I should pursue this matter or not. I live in California. On Monday morning, I was ... A: I do a lot of slip and fall cases in California and unfortunately your case doesn't sound good. ...
childs head got stuck at mcdonals playland, can i sue	8/30/2010
Q: would like to know if i can sue mcdonals for anything because my 2 year old baby head got stuck in ... A: Sorry to hear about your son. Unfortunately, its unlikely an attorney would agree to represent your ...
broken ankle	8/16/2010
Q: My wife tripped in a hole in the K-Mart parking. Ambulance showed up and took her to the emergency ... A: You can change lawyers anytime. The lawyer will have a lien on the settlement and will work it out ...
Injured at Water Park- 20 stitches in face	7/19/2010
Q: I was at a large waterpark enjoying the "night slides" with my kids. At 9:15pm (after dark) I ... A: You may have a case. It depends if the sign was correctly put up or constituted a hazard. An expert ...
Child got injured at school	7/13/2010
Q: Smith, We live in California and My 7 year old son goes to a private school. In mid May, his left ... A: Yes you can. I can't guarantee they will pay, but it doesn't hurt to ask. It does seem foreseeable ...
Slip and Fall at Walmart	7/13/2010
Q: I slipped and fell at Walmart in September of last year. I filled out a report and once I got home ... A: I agree with your attorney that you need to see what your Dr says about the need for surgery before ...
tavern injury	7/8/2010
Q: I stopped in a tavern to wait and meet up w/some girlfriends. I had a beer while waiting. When ... A: Tami, you likely have a case but it may be complicated by the alcohol use. Call me at 800-404-5400. ...
Trip and fall in Las Vegas Casino	7/3/2010
Q: Last week my 83 year old mother fell at a Las Vegas casino. There was a large shoe shine stand (the ... A: The casino and/or shoe shine stand will be liable if they were negligent. It sounds like you have ...
Macy fall from a cosmetic chair	6/23/2010
Q: My girl friend fell out of a high chair used in the cosmetic section of Macy's. Her tennis shoe ... A: Well that can only be answered if someone actually looks at and researches the chair and how ...
Fell from ladder helping neighbor	6/10/2010
Q: I was painting for a neighbor and fell from their ladder inside their home. I suffered sever back ... A: You have a possibly huge case with thin liability. It will take a very experienced attorney to get ...
Slipped on stairs at community college	6/1/2010
Q: Can I sue the community college? I was coming out of a building, when I slipped on some rock salt. ... A: Sure you can, but be aware of a few things. Rock salt may have been used properly to remove the ice. ...
Fell broke both ankles.	5/26/2010
Q: I recently fell in a Pub/Tavern taking my mom out for wings. I went to the Dj booth which sits on a ... A: Insurance companies will always make a low ridiculous offer now. The only way to get a decent ammt ...
Step and Fall	5/25/2010
Q: I fell in a parking lot with potholes and loose asphalt. I had know idea I was going down. I hit ... A: First of all bad idea trying to settle this yourself. In my experience over 30 years, you will be ...
Slip and Fall in Brooks Brothers Store	5/24/2010
Q: I am just emailing to see what a fair settlement offer is for slipping in a store. The store had a ... A: Tamela, I can't answer that question without knowing a lot more information. Typically, you will not ...
Slip and Fall - Knee Surgery	5/19/2010
Q: A year ago I slipped on a wet floor at a restaurant and dislocated my knee. The adjuster sent me a ... A: A year ago I slipped on a wet floor at a restaurant and dislocated my knee. The adjuster sent me a ...
Slip and Fall in Wal-Mart	5/14/2010
Q: Tonight I slipped on a puddle of water in WalMart. I was following behind my boyfriend checking the ... A: You can see a personal injury attorney in your town, but in truth, unless you have broken bones or ...
Slip and Fall	5/13/2010
Q: I was in a Walgreens store and was coming around the corner of an isle and slipped and fell on some ... A: These are very tough cases. Most of the time, an attorney will not take a slip and fall cases unless ...
Personal Injury	5/9/2010
Q: My husband (Mark) and I were in a fender bender on Dec. 1st, 2009. We were stopped at a red light ... A: Sorry, this question cannot be answered without a lot more information such as the type of medical ...
head injury	5/8/2010
Q: I cut my forehead on the corner of my car door a few days ago & had to get stitches. Needless to ... A: Sorry you cut yourself, but a lawsuit against the car company is not likely to happen. Cases against ...
fractured arm at school	5/7/2010
Q: My daughter fell during PE playing basketball at her highschool. She has a fractured arm and has ben ... A: Depends on the state you live in. In most states, there is a doctrine of "Assumption of the Risk" ...
Ins Co offered 42500.00 to settle injury claim	5/6/2010
Q: We live in Houston Texas my 18 year old daughter was involved in a auto accident she was the ... A: Sounds like your daughter took a major hit. First of all, in most states, you get to blackboard the ...
slip and fall in a night club	4/23/2010
Q: ANSWER: Possibly but it depends on whether they knew the wet floor was there or whether they should ... A: Most attorney's will not take these cases though unless you have very serious injuries. Be aware ...
slip and fall in a night club	4/23/2010
Q: Hello i slipped and fell in a night club's dance floor can i sue the club or there insurance company ... A: Possibly but it depends on whether they knew the wet floor was there or whether they should have ...
slip and fall	4/20/2010
Q: I was at dusk in atlantic city in august and slipped on liquid and fell backwards on a table of ... A: That's very difficult to answer in the abstract. Without a really good attorney, likely nothing. ...
shoulder/ neck/ stomach/ injury	4/19/2010
Q: I am self employed, i fell at a medical office parking lot on black ice, I tore a muscle and nerve ... A: You've got a tough case but I've been very successful in black ice cases and know other attorney's ...
arm injury	4/9/2010
Q: my name is Mike and i was in a hotel with the aid of crutches, was walking to this hotel room. I ... A: Possibly, but it'd be pretty risky. They'd take the position you fell cause you were not used to the ...
Slip and Fall - Video Game	4/6/2010
Q: In September 2009, I was playing the arcade game Dance Dance Revolution at a local arcade. While ... A: Much depends on the state you were in. Some states have a doctrine called "Assumption of the risk" ...
Pregnant and I slipped and fell!	4/5/2010
Q: I live in Springfield, Oregon and was at a Local grocery store last night. I slipped and fell in ... A: Slip and fall cases are very difficult. Most lawyers would not get involved unless you had a surgery ...
must i hire an attorney?	3/29/2010
Q: 6 months ago I fell while walking over an area that had been pushed up by a tree root. It was ... A: I must tell you that you are making a huge mistake in trying to settle a case like this yourself. ...
Trip and Fall - 11 year Old Daughter	3/25/2010
Q: My daughter and I were in Bass Proshop on 3/20/10. She and I were walking up the stairs to the 2nd ... A: Possibly....it depends on how dark the stairs were. Did someone get photos? If you let me know the ...
slip/fall	3/24/2010
Q: my sister slipped down her carpeted stairs and broke her foot and sprained her ankle really bad. ... A: Depends on how bad the carpet was. Many landlord's have carpeted stairs. I don't know what you mean ...
70-year-old mother fell in her apartment and fractured her shoulder due to window in livingroom needing to be repaired.	3/19/2010
Q: My elderly mother fractured her shoulder in an accident sustained while trying to hang a blanket ... A: It's a stretch but possibly. What city and state do you live in? You will need a really good ...
law suit	3/13/2010
Q: I fell in front of my apartment building and broke my ankle , been out of work and all can I sew my ... A: Depends on how and why you fell. If the landlord was negligent in somehow maintaining the property ...
re: possible suit	3/5/2010
Q: I was coming out of the K-Mart store when I stepped into a pot hole, in the parking lot, and over ... A: You may have a lawsuit and should definitely document via photos the pothole. As a practical matter, ...
slipped and fell on wet floor	3/4/2010
Q: My girlfriend went to eat at cheesecake factory and she fell on floor because there were puddle of ... A: Slip and Falls are tough cases. You need to prove that either the Cheescake Factory spilled the ...
tripped and fell at gas station	3/1/2010
Q: I stepped over the gas hose and tripped at a local gas station. There is an arch shaped steel ... A: You should have a very experienced attorney handling your case against the gas company. Although you ...
my airbag did not deploy	2/19/2010
Q: I was in two a bad accidents about a year ago.Same make and model, different years(2000-01). I've ... A: It all depends on who badly your injuries are James. Theoretically, one could sue for failure of ...
Fall from stool	2/14/2010
Q: I was at a dance club/bar and was sitting on a stool close to the dance floor. A girl I knew came ... A: Could be either or both. If you're in a comparative negligence state, every party is responsible for ...
Slip and fall with injury	2/12/2010
Q: On 2/10/10 my wife fell and broke her ankle(3 places) in a commercial parking lot due to ice. She ... A: You need a really good attorney asap. Do NOT talk to the corporate office...they are not there to ...
protection	2/10/2010
Q: I just got divorced and my wife kept the house. The mortgage is in both our names. If I do a quit ... A: James this is a complicated Real Estate Question and you'd be better off talking to a Real Estate ...
Question Regarding Airbag Deployment	2/3/2010
Q: I was the passenger in a MVR where no airbags deployed. At the ER I was diagnosed with whip lash and ... A: You can, but it'd be a waste of time. Suits against manufacturers are only viable where there are ...
Slip and Fall	2/2/2010
Q: On January 20 I walked into a sporting goods chain store to purchase thermal underwear for an ... A: You're in a tough position. I'd suggest for now not giving a statement until you see how seriously ...
Double Brain Injury--Slip/Fall & Auto Accident	1/29/2010
Q: A year ago, my husband fell at a friend’s house/place of business while helping him carry heavy ... A: Sorry to hear about your husband's injury. When you gor referred to a neuropsychologist was this ...
Rear ended while pregnant	1/25/2010
Q: My husband & I were involved in an auto accident where the other driver rear-ended us going 35mph. I ... A: First of all, you don't want to settle yet. Wait till your child is born and until you feel certain ...
fall down accident	1/24/2010
Q: My name is Rose. Today in a supermarket I fall down, because it was one or two grapes on a floor. ... A: Unless you have a fracture or ligament tear, the injury probably does not have a very high value. ...
slip and fall cases	1/21/2010
Q: I live in new York and I fell at work 2007. Slipped on ice in the parking lot of my company. They ... A: Can't answer how much your case is worth...depends on literally scores of factors. It's not worth ...
slip and fall	1/18/2010
Q: around 9 months ago my wife fell in a major supermarket and broke her 5th metatarsal bone in her ... A: It is likely too soon. Your wife's injury needs to be stable before the attorney can even consider a ...
Slip and Fall in Florida on vacation	1/17/2010
Q: I only have 6 mos. left to file a suit against the city where the boardwalk is located that I fell ... A: Slip and Fall cases are very difficult in every state. Typically, you would need a very substantial ...
school playground injury	1/8/2010
Q: My son is 13yrs old, the boys were all playing on the playground, my son jumped on another boys back ... A: Depends on facts and state you are in. In California, parents are responsible for a minor's ...
slip & fall accident	1/7/2010
Q: I fell down on the icy stairs in front of my apartment on 12/13/2009 since the housing staff did not ... A: Impossible to answer this question unfortunately without having a ton more information. I think your ...
slip and fall in a library garage	1/4/2010
Q: My mom was visiting from France for the Holidays and she slipped and fell in the garage library. She ... A: Babeth, what city and state did this happen in? How did she happen to fall? Why is a libraryin a ...
Slip and Fall Walgreens	12/22/2009
Q: A couple of days ago it had lightly snowed earlier in the day and in the evening it was raining. As ... A: A couple of days ago it had lightly snowed earlier in the day and in the evening it was raining. As ...
auto accident claim	12/16/2009
Q: I am in the process of trying to settle a PI claim on my own--talked to some lawyers and both said ... A: I am in the process of trying to settle a PI claim on my own--talked to some lawyers and both said ...
Slip and Fall at a Hotel	12/14/2009
Q: I was carrying a bag and dragging a bag when I stepped from the paved parking lot onto a ... A: It doesn't sound like your injury is severe, Thank heavens. I don't think you should contact the ...
Insurance Demand letter with Pain and suffering	12/9/2009
Q: I was in an accident 4 months ago. I was rear-ended on the freeway. Since I had my wife take me to ... A: Insurance Demand letter with Pain and sufferingI was in an accident 4 months ago. I was rear-ended ...
Slip and Fall	12/3/2009
Q: I'd like to inquire about how much power a slip and fall case would have 17 years after the slip and ... A: Likely not much power. If the statute of limitations doesn't bar your suit..almost surely the lack ...
Slip and fall at walmart	11/22/2009
Q: I walked into walmart with my wife and i was driving an empty cart, seems i slipped on some crushed ... A: The fact that you said you won't press charges or anything will not hurt you. As you are aware, ...
accident	11/14/2009
Q: i got accident today....my car is damaged both nobody injured and my insurance(Gieco) is not full ... A: If you are at fault,no insurance company will fix your car. The way to protect your car in the ...
Slip and Fall Accident	11/12/2009
Q: My question is: I fell at a local convience store and dislocated my knee cap, I have been talking to ... A: When is the statute? Make sure you file suit before that date. What are your medical bills to date ...
Auto Injury Settlement Amount	10/27/2009
Q: As I went through an intersection on a green light a man ran his red light and crashed into me. He ... A: You're making a big mistake trying to handle a surgical case w/o a lawyer. Every insurance company ...
Broken thumb	10/13/2009
Q: While at school today, my girlfriend's six y/o son , who is in first grade, was playing hand ball. ... A: Well, if you feel the school was negligent because they failed to supervise, you must file a Claim ...
fall injury	10/6/2009
Q: I was playing volleyball with my daughter at our apartment complex and I was running for the ball ... A: Jen, it depends on whether the trench was open and obvious and whether it constructed to State or ...
Slip & Fall & I'm 33 weeks Pregnant	9/26/2009
Q: i slipped and fell at a store, i slipped on some milk.... when i slipped and fell i was 30 weeks ... A: The real question is whether the store had notice that the milk was on the floor with enough time to ...
Slip and Fall with Perminate Injury	9/21/2009
Q: My wife had a slip and fall in our local grocery store last Nov. She fractured her sacrum, pulled ... A: A lipoma can be a result of a fall. See below article. DERMATOLOGICAL SURGERY AND LASERS Lipomas ...
slip and fall	9/3/2009
Q: i was at safeway yesterday and something was spilled on the floor i slipped on it i cant go to work ... A: Contact a local personal injury case. Slip and fall cases are tough and he or she will give you a ...
slip and fall at Walgreens	9/2/2009
Q: It was pouring down when I was leaving the store. I had crocks on and that is what Walgreens is ... A: Zona, you should contact a personal injury attorney in your area immediately and explain the full ...
slip and fall case at Las Vegas Hotel & Casino	8/26/2009
Q: My husband slipped and fell near the pool at a Hotel and Casino in Vegas last week. He slipped on a ... A: Yes, you would need a Nevada attorney. I know some good ones there if you need a referral. The ...
Slipping on spilled milk at Wal-mart	8/25/2009
Q: I am 8 mos pregnant. I was walking in between an open register going toward the food department when ... A: Wal-Mart is notorious about not settling cases. I would not talk to them now as it will not help ...
slip and fall	8/18/2009
Q: While at Dairy Queen my son fell and hit his chin on a salad cart. I was caring him to the restroom ... A: Possibly. They should have a wet floor sign while they are mopping. I would consult an experienced ...
slip and fall urine walmart	8/18/2009
Q: "Hi I was in walmart and slipped and fell in URINE!! heres what happened. I was in walmart one day ... A: A cervical sprain can last for several months unfortunately..... And yes, despite the obvious, you'd ...
slip and fall urine walmart	8/18/2009
Q: "Hi I was in walmart and slipped and fell in URINE!! heres what happened. I was in walmart one day ... A: I am sorry to report that it's unlikely any attorney will take your case against Wal-Mart at this ...
Illegitimate Personal Injury Bills	8/7/2009
Q: it is a little long so please bare with me here. I really need some advice... What should I do if I ... A: First of all, if you were driving your roommates car with his permission you should be covered ...
fall on stairs	7/28/2009
Q: In March I was at a friends house and I slipped and fell on her stairs. I shattered my tib/fib and ... A: Marsha ir depends onwhethwe your friend was negligent or not. Why did you fall down the stairs? Were ...
personal injury law suits	7/24/2009
Q: Someone I know was in a serious auto accident. It was the fault of the other driver, who admitted it ... A: It is a common fallacy that simply because someone has insurance that they will pay for a loss. The ...
airbags did not deploy	7/15/2009
Q: I just bought a 2009 dodge ram 1500, I was involved in frontal collision. I was going ... A: I'm not sure who was at fault in the accident. Was the other driver cited? A concussion is a serious ...
Fell at walmart	7/14/2009
Q: I fell at Walmart a few weeks ago. I was walking over to get a shopping cart. There was water on the ... A: If your injury is serious enough, it sounds like you have a strong case against Wal-Mart. ...
SLIP/FALL	7/7/2009
Q: I slipped on the front steps at a casino in Colorado. It had been raining and the stairs were wet,it ... A: You may want to contact an experienced local attorney where this happened. Was this an Indian ...
Car Accident	6/18/2009
Q: I recently had an accident where I hit another car, I broke my ankle and had to have surgery and am ... A: It is possible. I don't practice in So Carolina but in most states "Full Coverage" merely means you ...
case	6/16/2009
Q: ok, my wife and i were honeymooning in lajolla staying at a resort. booked an "ada" accessible ... A: You probably have a csse, but it likely not s large one. If I were you, I'd try to settle it ...
UIM policy/Need advise on hiring a attorney	6/15/2009
Q: I was involved in a hit n run case on Sept 30,2007. The driver rear ended my vehicle on the freeway ... A: I don't understand parts of your question. What city and state are you in? You say your insurance ...
Injured at grocery store	5/27/2009
Q: Had to go to er for xrays and consultation. I am not insured. Injury occurred 5/22/09 at local ... A: Sharon, typically if they pay anything, its likely not going to be more than a few hundred dollars. ...
slip and fall at kmart	5/25/2009
Q: My husband and I took a trip to Kmart in Febuary,as we were leaving the check out lane i slipped and ... A: What city and state do you live in? That is important because the time limit in which to file suit ...
Please help	5/23/2009
Q: Smith, I lost a tooth after a dentist convinced me to perform a root-canal on (assymptomatic) tooth ... A: Nothing that I know of. You are the one with the judgment entered against you. That will not change ...
Broken leg	5/16/2009
Q: Hello i was in a club drinken i had a few drinks i went into the bath room and slipped over as water ... A: Yes, you can make a claim. You may have a difficult case, but you can also make a claim. You should ...
father fell in lowes	5/8/2009
Q: my father who is 76 recently fell in lowes garden center from a puddle of water that had no sign up ... A: Jennifer, I think you are corect about needing to go forward. It sounds like your dad has very ...
Personal Injury Settlement Terms	5/2/2009
Q: My mother slipped at Vons and broke her hip. My brother got a settlement for her but won't tell us ... A: It sounds like your brother may have taken advantage of your mom...either that, or she simply does ...
Slip and fall @ Food4Less	4/29/2009
Q: I had a slip and fall in Food4Less in CA in January of last year. I slipped in a puddle of water ... A: There was never any rule about 3x medicals at any time in any locality. That is an Urban Myth. The ...
slipped and fell at a bar and i was drinking	4/27/2009
Q: I was at a bar with some friends drinking. at one point i had to sit down for a while. when i got up ... A: If the Bar has medpay on their insurance, they may be able to help you up to a certain sum. Medpay ...
Fall at McDonalds	4/26/2009
Q: I was in McDonalds, Arkansas, a few weeks ago ordering my meal. While the cook was making my meal I ... A: Soft tissue slip and fall cases are very tough to win and most attorney's will not take them. ...
Personal Injury Lien Reductions	4/21/2009
Q: Smith, I’m a chiropractor practicing in California with some questions regarding a chiropractor’s ... A: 1> Sure it's legal for them to ask for the reduction. It doesn't mean you need to consent, but they ...
hotel negligence leading to subdral hematoma, hydrocephlus followed by hospital failure to diagnose subdral	4/17/2009
Q: ANSWER: I am sorry to hear about your son. Would it be all right if I have my nurse call you and get ... A: Sorry, I don't understand "Finelines"? Whether there is hospital negligence requires a total ...
son assaulted by another minor, can parents be held liable for medical, pain and suffering	4/16/2009
Q: my son who is an honor student, never in any trouble, was targeted by a group of kids and beaten at ... A: Sorry to hear about your son. I am sorry the school system accepts thugs and delinquents so readily. ...
slip and fall at friend's house	4/15/2009
Q: I was at my friend's house and as I was turning the corner to go down her hallway, I tripped over a ... A: Much Depends on the state this occurred in. If the Homeowner's Insurance offered you 5K, which you ...
Medical release to insurance company	4/13/2009
Q: his insurance company has admitted fault, I have received medical treatment, and mri showed a torn ... A: What city and state di the accident happen in? What are your medical bills to date? Are you still ...
slip and fall in my home	3/16/2009
Q: I have a dear friend who had a stroke. Rather then see him end up in a nursing home, I had him ... A: Well he can do it and your homeowners insurance should cover you. I doubt he wants to go after you ...
broken finger at Costco	3/15/2009
Q: My husband wanted to buy heavy duty selves. When a Costco employee tried to load the shelf box, he ... A: Well, you can try to work with Costco and see what they do. How much are your husbands medical ...
Slip and fall	3/10/2009
Q: While stopped at a gas station i used there restroom, after washing my hands i retrieved a towel ... A: Unless your injury is pretty severe, I don't think many attorneys will be willing to get involved in ...
Slipped in Water at Wal Mart	3/4/2009
Q: 15 months ago I slipped in a large puddle of water near the Floral cooler in our local Wal Mart. I ... A: Unfortunately, this low-balling is very common by Wal-Mart. Slip and fall cases are difficult to win ...
Slip & Fall on ice	2/22/2009
Q: I am not sure if I have a case or not. I am not a sue happy person but am currently going through a ... A: Keli, that's a tough one. First of all you would need to file a CLaim with the government entity ...
slip and fallt	2/18/2009
Q: I slipped and fell after stepping off a mat in front of the door it was nto raining that day and no ... A: Can I ask what city and state this happened in and when? If the mat was filled with water, it ...
Slip and fall at Walmart	2/16/2009
Q: I was in the electronics section of a Walmart this evening and I asked for assistance to get ... A: They nay pay the cost if they have med-pay insurance which typically will pay regardless of fault up ...
should she settle?	2/15/2009
Q: my daughter was a passenger in a automobile accident. She was seriously hurt. She had a miscarriage, ... A: If the limit is only 50/100, then 50K is the most your daughter can recover from the drivers ...
Got hit by the mail truck	2/14/2009
Q: I hope my case fits the category of your expertise. I was hit by the mail truck (USPS) a month ago. ... A: Look, an injured party can testify herself that she was injured. A Dr's report is not necessary. ...
Slip and fall	2/11/2009
Q: fell in a DD's discount smaller store affliated with Ross Stores. due to sometype of oil based ... A: Lynn, if the facts are related prove true, Yes, you do have a case. The store had notice and failed ...
Fell on ice going into work	2/6/2009
Q: I saw another similar question. If you are going into work and slip and fall on ice and hurt ... A: Very tough borderline issue in most states. I'd say you could probably force the issue either way ...
slip and fall	2/3/2009
Q: I slipped and fell at a staples store on some ice and water well I was beinging helped by the store ... A: An attorney couldn't answer this question w/o reviewing your medical records and determining what ...
Airbag did not deploy	2/2/2009
Q: My future son-in-law, 25 years old, was in a terrible accident in his 2007 Chevy Express van 10 days ... A: Pam, I've give your name to Brian Chase the attorney in SOuthern California to call you. He is now ...
Airbag did not deploy	2/2/2009
Q: My future son-in-law, 25 years old, was in a terrible accident in his 2007 Chevy Express van 10 days ... A: I'm sorry to hear about your future son in law. Whether the driver airbags should have engaged or ...
Have permanent disc bulge injury, is Allstate offering me enough?	1/28/2009
Q: On Dec. 18, 2007, I was at a complete stop in traffic on Hwy 5 in Los Angeles. Another car ... A: You may well be getting the shaft but because of the insurance industry lobbing efforts to poison ...
FCE Exam	1/21/2009
Q: I recently took an FCE Exam and while my results came back that I couldn't return to my prior job, ... A: Don't take it personally. Unfortunately, Insurance companies imply in near every case that the ...
slip	1/9/2009
Q: I was attending a benefit as a paid customer at the hospital i work at.I was not on the clock.I fell ... A: You might have a case but much depends on how the water spilled on the floor and if the hospital had ...
5 years later.. still no settlement/ atty incompetant?	12/23/2008
Q: My husband, Glenn, was t boned while parked in his car on 4/01/04.He passed away 1/01/05 from a ... A: Alberta, I am very sorry to hear of your problem. It seems like this suit should have been settled a ...
walmart slip and fall	12/19/2008
Q: I have been treated for over 3 months now for a fall I took at Walmart in the battery section where ... A: In my opinion WalMart will not pay you anything reasonable out of court. I'd suggest you contact an ...
Slip & Fall at McDonalds	12/11/2008
Q: Today my fiance was carrying my two year old son into McDonalds. As a result of a wet floor, he ... A: Possibly.,,but as a practical matter few attorney's would take such a case unless there were ...
Fall down stairs.	12/10/2008
Q: I am a flight attendant that rents a small apt. with other flight attendant. We have to walk down a ... A: It's really sad that you felt called upon to slam me in your answer for really no reason at all. ...
car accident	11/23/2008
Q: I was involved in a car accident with 4 persons inside the vehicle roll over aprox. 60- 65 milles ... A: If you were a passenger, you may have a claim against the driver. Beliove it or not, air bags are ...
MVA Impairment	11/20/2008
Q: I was in an MVA on New Year's Eve 3 years ago. The other driver hit my driver's side while we were ... A: Sorry I can't help with this as I'm not familiar with Florida No Fault Law. I'd check with a local ...
Auto Accident/daughter	11/20/2008
Q: Our daughter was involved in an auto accident with a friends mother. Our daughter was in the back ... A: If you accept the 50K the third party is no longer responsible. Aetna should still be paying future ...
Auto Accident/daughter	11/20/2008
Q: Our daughter was involved in an auto accident with a friends mother. Our daughter was in the back ... A: Well, if I were you..I wouldn't asgree to settle your daughters case unless Aetna were willing to do ...
Auto Accident/daughter	11/20/2008
Q: Our daughter was involved in an auto accident with a friends mother. Our daughter was in the back ... A: Sorry to hear about your daughter. First of all where do you live and in what city and state did ...
Macy's cuts on leg permant scares	11/7/2008
Q: I was cut my leg in the fragrance dept at Macy's in June I was with a Sale Associated at the time, ... A: Janet, depends if there is a permanent scar or not. If there is, it may have good value. If not, ...
hit by cart @ walmart	11/6/2008
Q: a few weeks ago I went to sams club with my 3 y/o son. we walked up next to the building to get a ... A: If you are feeling better now and the doc says you're OK, I'd seriosuly consider tasking the $500 or ...
Injury	11/6/2008
Q: I received a call from my daughter last night telling me that my 8-year old granddaughter had to be ... A: Where did this happen? (City and State) Yes, you may have recourse depending on State Law and ...
slip and fall	10/24/2008
Q: my sister fell in wall mart at the door entrance where their was no signs put up for wet floor nor ... A: In my experience Wal-Mart will offer Zero..with or without an attorney. They play hardball and will ...
Slip and fall incident	10/21/2008
Q: last Year on December 11, I was in our local Wal-Mart SuperCenter and as I was walking in the front ... A: Walmart is notorious for playing hardball on all claims. They simply make you take them to court. ...
SLIP & FALL @ MACY'S	10/21/2008
Q: MY WIFE SUFFERED A SLIP & FALL @ MACY'S ON 4/11/2008. THEY ORIGINALLY OFFERED $250. AFTER THE BILLS ... A: Need more info: What City and state did this happen in? How did she fall? How Why do you feel ...
Slipped at Wal-Mart	10/20/2008
Q: I slipped on water at Wal-Mart yesterady and landed on my left knee. It was swollen last night and ... A: Wal-Mart in my experience is very difficult to deal with. They are only responsible if they put the ...
Me and my girlfriend were hit by a DUI driver	10/20/2008
Q: Me and my girlfriend were hit by a dui driver who was arrested on the scene, and my question What ... A: Here's the deal. Unless you get treatment for your pain from a Physical Therapist or chiropractor ...
Hit as a (pedestrian) / workmans comp	10/2/2008
Q: earlier this month I was hit by a vehicle who was driving in reverse through a hospital parking lot. ... A: Yes, I think its worthwhile for you to go forward. You have a complicated case so you may just want ...
accident inside DR's office	10/1/2008
Q: I was in my pediatricians office with my kids back in April 2008, the Dr was in the room and a set ... A: Sorry, there is really no competent way to advise you. You have a very serious injury and a good ...
Slip and fall in major Vegas casino	9/29/2008
Q: I am a California resident and was in a major hotel casino in Vegas (this was yesterday). When I ... A: Unless you have a fracture or serious injury, my advice is to forget it. Slip and Fall cases are ...
Wal Mart slip & fall	9/28/2008
Q: My name is Kristin. I slipped and fell in Wal Mart (Arizona) on July 5th of this year. I filled out ... A: How did you skip and fall? Wal-Mart is only responsible if they were negligent in some way. ...
AirBags not being deployed	9/28/2008
Q: a few days ago i was involved in a rear end collision with another vehicle. luckily no one was hurt. ... A: Chad, investigate that "Blue light" with an MD. Many times people suffer a brain injury and have ...
What can I do?	9/25/2008
Q: my name is rose. I was hoping you could help me with a question........ My father is a Farm Worker, ... A: Unfortunately, I know of no law that requires co-workers to seek aid in a situation like this...it;s ...
slip and fall do i need a lawyer?	9/23/2008
Q: I slipped in a puddle of water in a bathroom at Mime's Cafe a restaurant. I went to the hospital ... A: They may be liable depending on whether they knew or should have known of the presence of the water. ...
injury on a tour	9/22/2008
Q: A friend of mine signed up for a casino bus tour to Minnesota. The bus was to pick up people in a ... A: Possibly. This is a complex question. Depending on the facts, procedures followed and state law, ...
crush to right hand	9/15/2008
Q: In May i got hurt at work, turns out it was a crush injury. i was out of work from may until august. ... A: You need to get a Workers Compensation attorney immediately who can help you. They work on a ...
Fall at Disneyland	9/10/2008
Q: My sister just got back from Disneyland. While she was there her and her husband were gettingon the ... A: It sounds lie a tough case to me and the damages may not warrant a lawsuit. You might contact this ...
Dental Malpractice	9/9/2008
Q: In 2006 my wife had no cavities and a beautiful smile since moving to Hawaii my wife has developed ... A: Yes, there definitely is such a cause of action. Seek out an experienced medical malpractice ...
Injury- Lowes	8/30/2008
Q: I was getting some lumber at Lowes. A board fell of the stack next to me, fell on my foot and ... A: Possibly Jeffery. Stacked Merchandise cases are very difficult however and they rarely settle ...
Trip & fall situation	8/25/2008
Q: I was involved in a trip and fall due to a deteriorated porch. I was trying to handle the claim ... A: Difficult if not impossible to say. Adjusters generally have no authority whatsoever....in other ...
Giving an affidavit of assets to Ins co.??	8/20/2008
Q: I was in a car accident 2 yrs ago in Clearwater FL In Pinellas County. I got the ticket even though ... A: Give them the declaration of assets they want. The chances are 1000 to one they would sue someone ...
slip and fall on city property	8/19/2008
Q: The day after Memorial Day I slipped and fell at the public library. As I stepped off the area rug ... A: Govt entities routinely deny claims without a whole lot of investigation. As you know, you have a ...
customer slip and fall	8/7/2008
Q: I'm a small business owner and recently a customer slipped and fell inside my store. She was rushing ... A: Hard to answer this question in the abstract. If you had the sign large enough and in a proper ...
back injury	7/30/2008
Q: I was shopping in a dollarstore and the buggies have a long stick on them so you could not take them ... A: It is questionable if the store is negligent, and it does not sound like you have a serious injury, ...
Bike Accident	7/29/2008
Q: I was riding my bike on the bike path in town, and while going around a corner on the path I hit a ... A: That's a tough one. You might possibly have a case against the city however mud might not be ...
Auto Accident	7/25/2008
Q: My son who is 18 was involved in a car acciden in which a lady in front of him stopped, he did not ... A: If the estimate is reasonable, I would just pay it. Asking her to get a second estimate is just an ...
Incompetent Personal Injury Attorney	7/21/2008
Q: I would like to sue my mother's personal injury attorney for poor representation. She was involved ... A: If an accident CAUSED the death, it is possible to sue for wrongful death. Based on what you told ...
SRS -Toyota camary fail to deploy	7/16/2008
Q: I was hit in an car accident ( hit n run ) i was riding Toyota camry 2007, the impact was on the ... A: Without serious and permanent injuries cases against Toyota would be almost impossible to pursue ...
Airbag Failure to Deploy	7/13/2008
Q: I was recently in an accident where a drunk driver, driving with a suspended license hit me from ... A: This is Ed Smith again, can you please send me your telephone number again privately to ...
Airbag Failure to Deploy	7/13/2008
Q: I was recently in an accident where a drunk driver, driving with a suspended license hit me from ... A: Absolutely, you seem to have a very good case against the drunk. The airbag non-deployment is more ...
falling while pregnant -slippery floor	7/11/2008
Q: My question is regarding falling while 8 months pregnant while walking along the outside hall of an ... A: They are responsible only if they were negligent. It is not necessarily negligent for you not to be ...
Incompetent Personal Injury Attorney	7/10/2008
Q: I would like to sue my mother's personal injury attorney for poor representation. She was involved ... A: What city and state do you live in? Where did this happen? Usually there are no "caps" however the ...
slip &fall	7/7/2008
Q: i slipped and fell in big lot department store on some substance in the floor in the furniture ... A: These are very very tough cases. In most states the store is not responsible for you fall unless ...
airbags	7/3/2008
Q: My mother (65) and father (81) were in a car accident on a highway while it was raining. No other ... A: UNfortunately, probably nothing. Airbags are not designed to deploy in every accident..usually only ...
slip and fall	6/30/2008
Q: We live in Michigan. 3 months back my husband slipped and fell in a restaurant parking lot. ... A: Slip and fall cases are tough cases in every state. I'd suggest your husband get an estimate of what ...
Unleashed Dogs Scare Elderly Woman	6/25/2008
Q: I am located in northern CA and there is a leash law in this city. I had two dogs in the car and ... A: They'd need to be hard up as Small Claims limits are $7500 in this state and its unlikely she has ...
slip and fall	6/16/2008
Q: Last week, my daughter slipped and fell at Disneyland. She was walking with her grandmother. She ... A: It's possible, but on balance I think it would be a very very tough case. First, she said she just ...
prrof of airbag's failure to deploy	6/12/2008
Q: i am asking this question on behalf of my friend. Her family was riding a mercedes benz and killed ... A: There are two defendants to move against. The bus company and possibly the manufacturer of the car ...
Slip & Fall	5/31/2008
Q: Just last night I slipped on my apartment complexes property. I was walking back to my apartment ... A: If they were negliget in keeping the sprinklers on and letting water accumulate they have some ...
fall	5/28/2008
Q: My daughter fell in her friends driveway, we now have two thousand dollars in medical-dental bills. ... A: First, why do you feel it was your neighbors fault that your daughter fell? If they didn't do ...
broken, jagged exercise equip & injury	5/17/2008
Q: first of all, THANK YOU very much for making yourself available to answer questions on this site i ... A: Jerry, I don't know what the law is in Penn or what public agencies would apply pressure. My ...
AirBags Deployed	5/15/2008
Q: If the airbags of a car are deployed after a car accident, is the car cosidered total loss?, is ... A: Not to my knowledge. A total loss occurs when the ammt it costs to repair the car is more than the ...
Fall @ LAX	5/14/2008
Q: 10-15 steps fell- very dark, unsafe, gashed my eyebrow now scared, bad bouncers-made more excitement ... A: Tough case. If you only have soft tissue injuries most attorney's will not take the case. These are ...
PEDESTRAIN HIT BY AUTOMOBILE	5/14/2008
Q: MY FIANCE WAS DRIVING A FRIENDS CAR WHICH WAS ONLY COVERED BY PUBLIC LIABILITY AND HE HIT A ... A: If the pedestrian was injured, she will usually sue the owner of the car as well as the operator. If ...
Slip n' Fall in LA	5/13/2008
Q: This past weekend I slipped and fell in a Glendale restaurant/night club. I slipped on a step that ... A: Ericka, slip and fall cases are very difficult to prove. The club is only responsible if they had ...
No Injury No damage	5/11/2008
Q: So a stop light turned green and I released my brake and accidentally bumped into the minivan ... A: Chances are she may make a claim for slight injuries and your insurance company will pay her off. ...
attack	5/8/2008
Q: I was brutally atacked in a walmart parking lot. I had surgery twice to repair a fractured leg. I am ... A: It will be very very difficult to recover from Walmart as they fight almost every case. I feel it's ...
slipped at school parking lot because of the undried oil paint on the floor.	4/21/2008
Q: I fell at the school parking lot because the wet paint on the floor. There were no signs of ... A: In most states you would need to file a claim with the school district, and then, if they deny the ...
slip and fall	4/18/2008
Q: I was in las vegas new years. At a club in the Luxur hotel. I slipped on some water while I was ... A: Possibly John. Did you make a report at the time? Did you ever find out where the water came from? ...
accident settlement	4/17/2008
Q: I was involved in an auto accident 1/30/08. I was told by our insurance company adjuster and our ... A: If you sold the 740 and then recently acquired (within 30 days of that ) the 240, the new vehicle ...
Slip & Fall	4/5/2008
Q: When does discovery start on a "Slip & Fall" claim? Is there a civil code that permits discovery to ... A: When Discovery starts varies from state to state. In most states, as in California, Discovery begins ...
Dog Bit	3/30/2008
Q: On March 06, 2008 I was walking my dog when I came across a small dog chi/mix in the middle of a ... A: Hard to say. Many people know that emergenvy room charges are sky high and never go there for that ...
What comes next?	3/20/2008
Q: A few questions please? Plaintiff (Civil/Negligence Case)Requests for Admissions served on ... A: As to Denials..if you are able to prove facts denied at trial, the judge may award attorney fees for ...
slip and fall	3/12/2008
Q: How much can I ask for in a slip and fall accident where I missed several hours work going to the ... A: Whether your case has any value depends on the store having responsibility. Most slip and falls are ...
air bags did not deploy on frontal impact	3/11/2008
Q: I had an accident in my 2005 toyota corola and my air bags did not deploy. It was a frontal impact. ... A: Unless it was a very serious chest injury there's not much you can do. These cases cost a lot of ...
slip and fall wet washroom floor	3/10/2008
Q: A firend of mine was recently in a poker tournament in a LA casino. He went to the bathroom, the ... A: He has a tough case and cannot reasonably handle it by himself. The poker place will deny liability ...
To settle or not to settle	2/29/2008
Q: I was recently hit in the head by a roll of carpet at Lowe's in York, PA. The carpet was standing ... A: You will not be able to prove lifelong pain until it happens. In my experience Lowe's will only pay ...
Slip and Fall while drinking	2/25/2008
Q: I was out drinking with some friends. Had not had a drink in about an hour as we were waiting for ... A: I doubt you have a serious case unless the ice was there for some time and the owner of the club or ...
Auto Accident w/no insurance	2/22/2008
Q: My brother was in a motorcycle accident, a truck turned right off the freeway and made an unsafe ... A: Yes, your brother still has a vrry good case. What city and state do you live in? I know very ...
Motorcycle Accident Compensation	2/14/2008
Q: My husband was involved in a motorcycle accident back in August (2 days before his bday). He broke 3 ... A: I will need to know the ammt of meds to date. It's critical in accessing case value. Also, you ...
Motorcycle Accident Compensation	2/12/2008
Q: My husband was involved in a motorcycle accident back in August (2 days before his bday). He broke 3 ... A: Yes, as to the body of the bike..they must fix it. As to value, impossible to answer without ...
Slip & Fall Claim	2/9/2008
Q: I am trying to negotiate settlement with an adjuster on my claim without going into litigation. My ... A: Look, without an attorney, your really at the insurance companies mercy..sorry. You simply have no ...
Injured party wants further restitution	2/3/2008
Q: Two years ago in Kentucky my husband was involved in a minor collision where his semitruck mirror ... A: It doesn't sound like the case was settled out of court. Instead, it sounds like the criminal ...
hi	2/2/2008
Q: Please answer what u can. A friend of mine went to the doctor and asked the followingmy wife was ... A: He certainly could have told you that a paternity test could tell who was the real father. I'm not ...
Can I sue a school if my child was injured in a fight?	1/28/2008
Q: Can I sue a school if my child was injured in an after school fight? A little background, my child ... A: You can seek damages but it may be a tough case. First, in most states you will need to file an ...
fell on ice going into work	1/24/2008
Q: I fell on ice and broke leg in 2 places,I have alot of medical bills and didnt realize until ... A: Don't understand your question. First When and where (City and State) did you fall? Was it at your ...
slip and fall	1/20/2008
Q: Last week I stepped into some sort of wire clamp while getting out of my car in a city parking lot ... A: It depends on what the wire clamp looked like and if it constituted a dangerous condition. Did you ...
Slip and Fall in PA Target	1/14/2008
Q: My partner fell today in a Target store. She was walking toward me one cash register aisle over when ... A: KIm, it comes down to whether or not Target knew the fabric softener was there and had an ...
slip and fall in my residence	1/10/2008
Q: Sir, I slipped from the ladder to my loft a year ago November and suffered a traumatic brain injury ... A: The fact that you went down the ladder 1000 times before is always an important factor. The jury ...
Nightclub Fall	1/9/2008
Q: A friend and I were attending a Christmas party (private) inside a section of a local nightclub, ... A: Cases involving drinking in nightclubs unfortunately have little jury appeal. The club will ...
personal injury settlement	1/4/2008
Q: How long will I have to wait on the injury settlement release papers? I got into a car accident 2 ... A: Unfortunately it happens often. Insurance companyies typically act in bad faith because they want to ...
fall in a department store	12/28/2007
Q: Last Saturday, I fell at Kohl's because the cart I attempted to use was missing the front wheel. I ... A: Maria, the injury is likely not serious enough that an injury lawyer will become involved. I'd ...
dog on dog attack liability	12/21/2007
Q: My wife's neice came to stay at our home (rent free) for a short time. She brought her poodle dog ... A: Probably not unless she can show negligence in some way. If a Small Claims Judge were to find the ...
slip and fall	12/19/2007
Q: About 20 months ago I fell at a Retail store on some clear liquid while holding an 18 month old ... A: I have never heard of an attorney signing a release on behalf of his client. I do not believe this ...
Slipping/falling in hotel lobby	12/11/2007
Q: My wife and I were on a trip in Salem,Oregon. We stayed at Travel Lodge. Like many hotels these ... A: What was the previous injury? If she had surgery on her legs and the injury was aggravated then ...
Slipped at Costco	12/7/2007
Q: I fell at Costco last month. There was something greasy on the floor in the clothing section. I was ... A: You have a claim but Costco only owes you money if they were negligent. They are not necessarily ...
slip and fall Walmart	11/29/2007
Q: I fell in a puddle of water near cashier and broke my foot in 2 places. My foot is healing, do I ... A: Yes, you need an attorney. Wal-Mart is notorious on being difficult to deal with on injury ...
Motorcycle Accident	11/28/2007
Q: I was rear-ended by a car while riding my motorcycle on 11/12/07. I was not seriously injured, only ... A: 1. Yes, but they insurer will deduct for the salvage value...the ammt they would sell the salvaged ...
hi	11/24/2007
Q: can a request to take a paternity test or appear in court in a parenthood case be ignored? what r ... A: No, you cannot ignore it. You can lose if you do not show up in court. They can take a default ...
Payee on insurance check	11/15/2007
Q: I have just signed the settlement agreement for a car accident. I have sent a demand letter stating ... A: Refuse to accept the HMO name on the check. If she insists, let her know you will file suit against ...
son fell at supervised IKEA play area	11/12/2007
Q: My son tripped over stool and banged head on a metal post inside the play area that I dropped off ... A: It seems to me you need a good local attorney to evaluate the case. Ikea may be responsible if they ...
hurt at walmart	11/10/2007
Q: my grandmother was hit by a broken shelf in walmart. she fell and broke her hip. they have agreed ... A: Walmart will not offer Anything reasonable in my opinion. They are notorious for playing hardball ...
injury at department store	10/27/2007
Q: a couple of months ago i was shopping at a home improvement store and tripped backwards over a stack ... A: yes you need a good lawyer. These stores and their insurers just jack people around. They never ...
Dentist lied and filled healthy teeth	10/23/2007
Q: I am an Illinois resident who recently received treatment from a dentist who I now have very ... A: Although it is disquieting to know that a dentist would do this, the damages to you would likely not ...
Cut toe	10/22/2007
Q: I opened the entrance door to my apt. to leave out for work one morning and as I went to step out ... A: Yes, you may well have a case. You should file a Complaint with the management. Were you wearing ...
school fight	10/17/2007
Q: My 4th grade son was playing on the school playground and a 5th boy came up and took his ball away. ... A: Not an option as the minor cannot be sued without a Guardian ad litem and its difficult to get one ...
Auto Accident	10/1/2007
Q: I recently was in an auto accident (9-21-07) and although I feel blessed to be here I am now facing ... A: Joan, you're in a complex situation and may or may not need an attorney. Much depends on how much ...
Slip and fall accident	9/28/2007
Q: I am a Louisiana resident and I had a slip and fall accident in Texas. I have found out that most ... A: No, just a letter detailing why you think they are responsible, the nature of the injuries, the ...
Accident while riding on the Public Bus	9/27/2007
Q: My 71 year-old mother was in an accident while riding on the public bus about 4 years ago. There ... A: If the attorney won't take the case to trial as you want, confirm in writing and fire him if you ...
Slip and fall accident	9/27/2007
Q: I am a Louisiana resident and I had a slip and fall accident in Texas. I have found out that most ... A: You have a tough situation. Unless you have a permanent injury, I'm very doubtful an attorney in ...
Slip and Fall Injury Question	9/19/2007
Q: I have a question. Last Sunday (3:15pm) I was shopping at Safeway in Carmichael,ca and slipped and ... A: They want you to sign off liability in return for the money. That's the way it is done...money buys ...
Slip and Fall Injury Question	9/17/2007
Q: I have a question. Last Sunday (3:15pm) I was shopping at Safeway in Carmichael,ca and slipped and ... A: Tough question. Normally, a store is responsible for these cases only if they either put the water ...
Cut Toe	9/11/2007
Q: I wanted to know if you think I might have a case or not. I was riding on a shuttle from a car ... A: Yes, you may have a case. If the shuttle was a government one you will need to file a claim fist. If ...
Slip & Fall	9/10/2007
Q: In November 2006 was working for Idaho Cheer University's Booster Club concessions stand at the ... A: You should contact a good personal injury attorney in Boise as soon as possible. If you were injured ...
Slip and fall	9/8/2007
Q: Okay my question is whats my rights here. I fell at McDonalds in there bathroom. I have hurt my ... A: If MCD was negligent in maintaining the bathroom, you can recover past and future medical bills and ...
Injured at Target	9/5/2007
Q: While standing at the counter in the Food Avenue of a Target Store ordering my meal with my family a ... A: You have a very serious case. You should definately not even try to resolve this with Target without ...
Research	8/23/2007
Q: Edward--Hi! I am a published author working on a book proposal. I have a research question. A ... A: Depends on the insurance and how clear the case was. Many insurance policies have provisions where ...
slip n fall (knee injury)	8/15/2007
Q: While walking to the bathroom at a local hotel, I slipped on a puddle and fell on my knee. I fell ... A: If they offered you $5,000 for a bruise, I would run with that before they take it off the table. ...
slip & fall who's liable	7/24/2007
Q: My wife had a slip and fall accident at wal-mart and I have a question on liability. During a visit ... A: Without knowing how the sauce got there, its impossible to know who is responsible. If you were ...
Where can I sue?	7/22/2007
Q: I was walking into a hotel (a nationwide hotel chain) when I tripped over the rug in the entry. The ... A: You're not necessarily stuck in Texas, but as a practical matter that's where you'll need to sue. ...
Slip & Fall - SaveMart	7/19/2007
Q: I was shopping about 5 weeks ago and slipped in the produce department (on a grape of all things) ... A: The store is not necessarily responsible because you tripped on a grape. Typically, they deny ...
Slip and fell	7/17/2007
Q: I recently went to a mall on 7/14/07, I was walking towards another side of the mall to get to a new ... A: There's little to be done about this unfortunately. The fact that there was water on the ground does ...
BMW Roll Over	7/10/2007
Q: I was wondering i was in a roll over accident this past sunday july 8 and i was in my 2004 325i. ... A: It would take many thousands of dollars to answer that question. To really know if they should have ...
slip and fall	7/8/2007
Q: i recently slipped and fell on a spill on the floor of a California Indian Casino as I was exiting ... A: Cases against INdian Casino's are very very tough as they basically allow the Indian tribe to ...
Dog broke 11 year olds front teeth in half	7/5/2007
Q: As you can see from the subject line, my son had a run in with a neighbor's dog and he knocked him ... A: If he has group dental benefits as an adult, will these teeth be excluded? It depends on the plan ...
hi	7/5/2007
Q: i gave $9,0000 to someone wo i thought was my fiance to pay for a wedding she took the cash as part ... A: That would be a very difficult case. I don't think any D.A. would be interested inprosecuting it. ...
slip & fall	6/18/2007
Q: I ALONG WITH MY HUSBAND, & THREE CHILDREN HAD WENT TO MCDONALDS TO EAT & PLAY. WE ATE IN THE DINING ... A: Yes, it sounds like you may have a good case, What city and state do you live in? If you like, I can ...
is was a resaonable amount of pain and suffering compensation for torn rotator cuff	6/18/2007
Q: I came across your site and wanted to get your opinion. Our insurance is Farmers and the other is ... A: Mary, I feel you are being taken advantage of. First of all, there may well be an obligation to pay ...
Medical subrogation	5/22/2007
Q: Auto accident happened in California. I am about to submit my demand letter to the other party's ... A: The subrogation clause may or may not be valid. There have been many challenges re rights of a PPI ...
Functional capasity evealuation	5/5/2007
Q: Three years ago I had a C-3 to C-7 laminaplasty that "failed". As an athletic 44 yr old my neck took ... A: Mike, functional capacity evaluations are subject to interpretation. (See below). Also, there may be ...
injury at wal-mart	4/26/2007
Q: I was at Wal-mart yeasterday and I was looking at hammers with my husband and I reached up (they ... A: You can call them and tell them, and, if your injury is not serious, take them to Small Claims ...
Settlement of a personal injury	3/15/2007
Q: I was rear ended in California in Dec 2005 and had some soft tissue damage. I recieved medical ... A: You will not get a fair settlement from any insurer I know, dealing with them. As was stressed to ...
default judgements on personal injury claim	3/10/2007
Q: California resident. Got hit here, got $, collection agency located in midwest for my HMO wants to ... A: Don't know for sure that you do need to pay them back. They can still file suit and serve you at ...
Law	1/26/2007
Q: My brother was walking to work along a sidewalk next to a road. A National Distribution Company ... A: 1. Your brother should be able to sue in either Florida or New York. 2. This is a difficult ...
Slip and Fall in a Chicago Bar	1/3/2007
Q: I live in California. When I was visiting my sister in Chicago on Oct. 28 and slipped and fell at ... A: I'm pretty skeptical of them making a decent offer out of court, but give it a shot. Send them a ...
slip and fall at Jewel	12/1/2006
Q: After entering a Jewel Food Store in Illinois, the main isle was blocked off as it was being washed. ... A: Slip and fall cases are very tough. Unless you had a fracture or needed surgery, most attorny's ...
Personal Injury	10/14/2006
Q: I was getting a shopping cart out of a store, when I was hit by several shopping carts being pushed ... A: What city and state do you live in? California has a Small Claims COurt with a limit of $7500 per ...
Slip and fall at motel	10/13/2006
Q: Mr. Smith: I slip on old motor oil at a motel(California) parking area that was not a space for ... A: 1. Yes, they will not likely pay you for the surgery until and unless you have it. A jury may allow ...
Fall on the job	10/2/2006
Q: About 2 weeks ago, while working, my father fell down behind the railing of a stair (about 10 feet ... A: Kevin, sorry to hear about your dad. There may be an excellent case against the shopping center but ...
Health Insurance Paid	9/28/2006
Q: $15k for trauma including the "jaws" of life. The remaining cost are for a hand specialist. Scars, ... A: Yes, they should pay you directly for the medical bills plus wage loss and pain and suffering. ...
Health Insurance Paid	9/28/2006
Q: I am in California.I am in settlement conversation with State Farm from and auto accident. My ... A: First of all, you may need to pay back your PPO as most of them have reimbursement clauses. Most of ...
Accident 372K - Soldier Career Lost	8/21/2006
Q: I was involved in a 3 car accident on Xway. Other drivers rec'd tickets. I have lost my military ... A: What state are you in? I don't have the Soliders and Sailros relief act before me, but my ...
Primax wants big chunk of settlement	8/5/2006
Q: I settled with the drunk driver's insurance (Allstate) for $15K (the limit), my UIM claim has been ... A: Scott, on second thought..you really need to followup with a very good personal injury attorney in ...
reimbursement due to me from hospital	8/4/2006
Q: i was in a car accident in july 2003. the other party was at fault. i had health insurance, and ... A: You have a very complicated question which I can help on..but I need more details. First, your car ...
Slip and Fall with broken bones at Wal-Mart	7/15/2006
Q: I live in San Diego, CA and slipped and fell on some water that was on the floor at Wal-mart today. ... A: Probably zero. Wal-Mart is notorious for taking cases to trial and not attempting to settle them ...
Primax (recovery agency for HMO) lien on settlement	7/14/2006
Q: Hey Ed, I'm in Los Angeles. As far as sueing me to get the money back, I wish that was the case. ... A: I've never seen a valid lien on a 1st party recovery before but there's always a first time I ...
Primax (recovery agency for HMO) lien on settlement	7/14/2006
Q: I already cashed 15K from the 1st party claim, 35K is from the 3rd party claim, and med. bills are ... A: What city are you in in California? Promax has no right to assert a lien against your recovery under ...
Primax (recovery agency for HMO) lien on settlement	7/14/2006
Q: I hope you can help. I am a California resident. I was in an auto accident and settled with the ... A: Whether the lien is valid and enforceable is a very difficult question. This is an area of law ...
Slip/fall X2	7/14/2006
Q: Jan 06 Slip fall strip mall @Oceanside Ca resulted in surgerey to wrist bones x2 & torn ligament, RX ... A: It sounds like you already have an attorney for this so I'm wondering how I can help you? Why do ...
Slip and Fall at LA Fitness	2/1/2006
Q: My father frequented LA Fitness Gym almost daily for the last 11 or so years. Last November, when ... A: Sounds like a tough case. It seems there will always be wet concrete around a pool. It depends ...
hiring someone	11/7/2005
Q: I plan on going south this winter and need to hire a person to shovel snow on my walk and steps ... A: Sorry Bill for answering late. I just got back from vacation. Should the individual I hire have ...
Liability for misrepresented medical procedure?	10/22/2005
Q: I live in Virginia, and this is where the following incident took place almost 2 weeks ago: I had ... A: You may have an action against him theoretically as it does not seem you gave informed consent to ...
Rear-end auto accident question	10/6/2005
Q: My question involves personal injury from an auto accident in California. First, while I am as ... A: The short answer is you can't settle now and keep your options open later if problems become more ...
Auto accident	10/1/2005
Q: Do I have a case ? my car is total hit by a 78 year old driver who failed to signal to turn left ... A: Why are they offering only 75% of your car value? Are they saying you are partially at fault? ...
To sue or not to sue?	5/19/2005
Q: I was riding my bicycle through a parking lot because the city had closed the bike path (for ... A: Yes Mary, you could sue but you may have great difficulty. First, most municipalities require you ...
HMO lien	5/14/2005
Q: I was involved in a bicycle accident in San Diego, CA. Would it be reasonable to request that the ... A: Yes, of course. As a normal part of handling your injury case, your attorney should advise you if: ...
IME	2/4/2005
Q: I've been through the ringer with a back injury. I eventually had back surgery and am now in the ... A: Dana, why are you trying to handle a very serious case like this yourself? Please give ma a call at ...
Health Insurance Subrogation Lien	1/29/2005
Q: I have just settled a personal injury case in which I was a pedestrian in a crosswalk hit by a ... A: The Law in this area is very murky and ever-changing. In most cases, if Blue Cross is via your ...
airbag	12/16/2004
Q: Recently my mother was involved in a car accident in which the other driver took responsibility for ... A: It is not uncommon for airbags not to deploy. They are only designed to deploy in a headon impact ...
what do I do	10/25/2004
Q: My wife got hit from behind...almost totalled car...14,000 to fix..wife tore rotator cuff...had ... A: It appears to me the attorney did nothing wrong. It is not possible to legally find out the ammt of ...
Slip and fall - Do I have a case, and what should I do?	9/14/2004
Q: I was at a public swim school for a baby and me class with my one year old daughter when walking ... A: You only have a case if they were negligent in some fashion in keeping up the pool. What did they do ...
personal injury claim	6/29/2004
Q: over a year ago i was involved in a low impacted car accident (we ran into to someone). now i have a ... A: You need to turn the claim into your insurance company to handle. If you ran into someone it is ...
Slip and Fall Injury	3/4/2004
Q: Last Wednesday I went to Edwards Cinema to see a movie. After the movie everyone was leaving so I ... A: You may have a case if it is economically viable for attorney to take it. There may be inadequate ...
IME's	1/21/2004
Q: My question concerns Independent Medical Exams. I've had a back problem for many years and have had ... A: If you are talking about a personal injury case (not a Workers Comp case) you are correct. They are ...

All Questions in This Category

Personal Injury Law (Accidents/Slip & Fall)

All Answers

Answers by Expert:

Ask Experts

Volunteer

Edward A. Smith

Top Expert on this page

Expertise

California Personal Injury lawyer with 18 years of experience handling automobile accidents, dogbites, slip and fall cases as well as medical malpractice cases will answer your questions regarding these areas. Valuestar Certified. Author of "Top 20 PI sites on the Internet" for Law Office Computing Magazine.

Encyclopedia

Browse Answers: