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About 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.

   

You are here:  Experts > Jobs/Careers > Lawyers > Personal Injury Law (Accidents/Slip & Fall)

Questions Answered By Expert  Edward A. Smith 
In Category  Personal Injury Law (Accidents/Slip & Fall)

SubjectDate Asked

accident11/14/2009
  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 Accident11/12/2009
  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 Amount10/27/2009
  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 thumb10/13/2009
  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 injury10/6/2009
  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 Pregnant9/26/2009
  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 Injury9/21/2009
  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 fall9/3/2009
  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 Walgreens9/2/2009
  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 & Casino8/26/2009
  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-mart8/25/2009
  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 fall8/18/2009
  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 walmart8/18/2009
  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 walmart8/18/2009
  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 Bills8/7/2009
  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 stairs7/28/2009
  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 suits7/24/2009
  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 deploy7/15/2009
  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 walmart7/14/2009
  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/FALL7/7/2009
  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 Accident6/18/2009
  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 ...
case6/16/2009
  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 attorney6/15/2009
  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 store5/27/2009
  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 kmart5/25/2009
  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 help5/23/2009
  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 leg5/16/2009
  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 lowes5/8/2009
  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 Terms5/2/2009
  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 @ Food4Less4/29/2009
  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 drinking4/27/2009
  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 McDonalds4/26/2009
  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 Reductions4/21/2009
  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 subdral4/17/2009
  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 suffering4/16/2009
  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 house4/15/2009
  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 company4/13/2009
  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 home3/16/2009
  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 Costco3/15/2009
  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 fall3/10/2009
  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 Mart3/4/2009
  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 ice2/22/2009
  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 fallt2/18/2009
  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 Walmart2/16/2009
  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 truck2/14/2009
  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 fall2/11/2009
  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 work2/6/2009
  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 fall2/3/2009
  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 deploy2/2/2009
  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 deploy2/2/2009
  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 Exam1/21/2009
  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 ...
slip1/9/2009
  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 fall12/19/2008
  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 McDonalds12/11/2008
  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 accident11/23/2008
  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 Impairment11/20/2008
  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/daughter11/20/2008
  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/daughter11/20/2008
  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/daughter11/20/2008
  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 scares11/7/2008
  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 @ walmart11/6/2008
  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 ...
Injury11/6/2008
  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 fall10/24/2008
  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 incident10/21/2008
  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'S10/21/2008
  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-Mart10/20/2008
  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 driver10/20/2008
  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 comp10/2/2008
  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 office10/1/2008
  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 casino9/29/2008
  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 & fall9/28/2008
  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 deployed9/28/2008
  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 tour9/22/2008
  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 hand9/15/2008
  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 Disneyland9/10/2008
  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 Malpractice9/9/2008
  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- Lowes8/30/2008
  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 situation8/25/2008
  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 property8/19/2008
  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 fall8/7/2008
  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 injury7/30/2008
  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 Accident7/29/2008
  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 Accident7/25/2008
  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 Attorney7/21/2008
  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 deploy7/16/2008
  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 Deploy7/13/2008
  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 Deploy7/13/2008
  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 floor7/11/2008
  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 Attorney7/10/2008
  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 &fall7/7/2008
  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 ...
airbags7/3/2008
  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 fall6/30/2008
  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 Woman6/25/2008
  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 fall6/16/2008
  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 deploy6/12/2008
  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 & Fall5/31/2008
  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 ...
fall5/28/2008
  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 & injury5/17/2008
  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 Deployed5/15/2008
  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 @ LAX5/14/2008
  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 AUTOMOBILE5/14/2008
  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 LA5/13/2008
  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 damage5/11/2008
  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. ...
attack5/8/2008
  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 fall4/18/2008
  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 settlement4/17/2008
  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 & Fall4/5/2008
  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 Bit3/30/2008
  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 fall3/12/2008
  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 impact3/11/2008
  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 floor3/10/2008
  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 settle2/29/2008
  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 drinking2/25/2008
  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 insurance2/22/2008
  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 Compensation2/14/2008
  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 Compensation2/12/2008
  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 Claim2/9/2008
  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 restitution2/3/2008
  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 ...
hi2/2/2008
  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 work1/24/2008
  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 fall1/20/2008
  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 Target1/14/2008
  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 residence1/10/2008
  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 Fall1/9/2008
  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 settlement1/4/2008
  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 store12/28/2007
  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 liability12/21/2007
  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 fall12/19/2007
  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 lobby12/11/2007
  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 Costco12/7/2007
  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 Walmart11/29/2007
  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 Accident11/28/2007
  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 ...
hi11/24/2007
  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 check11/15/2007
  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 area11/12/2007
  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 walmart11/10/2007
  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 store10/27/2007
  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 teeth10/23/2007
  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 toe10/22/2007
  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 fight10/17/2007
  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 Accident10/1/2007
  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 accident9/28/2007
  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 Bus9/27/2007
  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 accident9/27/2007
  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 Question9/19/2007
  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 Question9/17/2007
  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 Toe9/11/2007
  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 & Fall9/10/2007
  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 fall9/8/2007
  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 Target9/5/2007
  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 ...
Research8/23/2007
  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 liable7/24/2007
  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 - SaveMart7/19/2007
  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 fell7/17/2007
  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 Over7/10/2007
  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 fall7/8/2007
  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 half7/5/2007
  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 ...
hi7/5/2007
  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 & fall6/18/2007
  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 cuff6/18/2007
  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 subrogation5/22/2007
  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 evealuation5/5/2007
  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-mart4/26/2007
  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 injury3/15/2007
  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 claim3/10/2007
  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 ...
Law1/26/2007
  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 Bar1/3/2007
  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 Jewel12/1/2006
  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 Injury10/14/2006
  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 motel10/13/2006
  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 job10/2/2006
  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 Paid9/28/2006
  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 Paid9/28/2006
  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 Lost8/21/2006
  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 settlement8/5/2006
  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 hospital8/4/2006
  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-Mart7/15/2006
  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 settlement7/14/2006
  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 settlement7/14/2006
  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 settlement7/14/2006
  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 X27/14/2006
  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 Fitness2/1/2006
  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 someone11/7/2005
  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 question10/6/2005
  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 accident10/1/2005
  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 lien5/14/2005
  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: ...
IME2/4/2005
  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 Lien1/29/2005
  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 ...
airbag12/16/2004
  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 do10/25/2004
  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 claim6/29/2004
  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 Injury3/4/2004
  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's1/21/2004
  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 ...

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