Joshua Rubin Weinberger's Answers

Should I sue the truck driver?

Assuming that the accident occurred in Massachusetts, you can expect to receive reimbursement for your medical bills and lost wages. Additionally, if your medical bills exceed $2,000.00, you can expect to be reimbursed for your pain, suffering, and loss of enjoyment of life. If you are still suffering from your injuries, you should seek medical treatment, and you should contact an attorney as soon as possible. I wish you the best for a speedy recovery.

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I have signed the release over 7 weeks ago and have not yet received payment is this normal?

It's not unusual for a delay, especially when there are 2 insurance companies involved. Most insurance companies now send a copy of the check to the client in addition to the attorney. If you have not received a copy of the check yet, that is a pretty good sign that your attorney has not received the check. 7 weeks is a bit longer than it should take, however. You may want to ask your attorney to start calling the adjuster's supervisor to get the check processed. Good luck.

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Criminal harassment - am i in the wrong?

There are several scenarios for what is happening. You could be summonsed to a clerk's hearing for a probable cause determination, or you could be summonsed to an arraignment. It's unclear from your description as to which of those two situations you are facing. It appears as though you may be charged with accosting/annoying a person of the opposite sex, or possibly with assault and battery. You should contact a lawyer to help you with this matter.

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How can you find out if the store has issued a criminal complaint against you?

Chances are that you will receive a summons in the mail. The Commonwealth determines whether or not to charge you with a crime - it doesn't matter whether or not the store chooses to "press charges." If you receive mail at the address you provided to the police, keep an eye out for the summons. You may want to check in with the Lynn District Court periodically to see if a Complaint has issued. The main number for the courthouse is (781) 598-5200. Good luck.

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How much money is coming to me from this car accident, and where will all that money go? 19yr girl, facial scaring, not at fault

I am sorry to hear of your injury. There is a lot that goes into evaluating a claim, and it is very difficult to suggest an appropriate settlement without knowing all of the facts about the case. There are several different sources that need to be investigated in ascertaining coverage for the medical bills (PIP, health insurance, med-pay, etc.). Most attorneys charge a percentage (usually 1/3) of the total settlement. I would suggest that you consult with an attorney. Most personal injury...

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My son, who is 19, was charged with person under 21 possess liquor

The offense is a misdemeanor, and is not tremendously serious. I would expect that the matter was continued without a finding. If this is a correct assumption, his matter will be dismissed at the end of the period of probation if he complies with all of the terms and conditions of his probation. If, however, he fails to comply with the terms and conditions, the continuance without a finding may be revoked, a guilty finding could enter, and he could be fined. A guilty finding would also...

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I slid and fell on a golf course and suffered an injury to my leg is the course liable?

It really depends on a number of factors. In order for the golf course to be liable, you need to demonstrate that they acted unreasonably, and that their conduct led to your injuries. For example, you would need to show that they had left equipment in an unsafe area, or that they had left the grounds in an unsafe condition. You also need to show that their negligence exceeded yours. Lastly, there may be some waiver of liability which you agreed to when you signed up for the membership. The...

How many times and for how long can a case be postponed?

The process can be very long and frustrating. Due to court congestion and the unavailability of witnesses, it is very common to see cases continued multiple times. Your son's attorney should be objecting to the continuances. A simple "please note my objection for the record" is adequate; I wouldn't expect him to be argumentative. Very often, there is not much the attorney can do. Usually, the Court will agree to dismiss a case if it goes on too long. If the objections are properly noted,...

I was in a car accident where the other driver didnt stop, but his mom called in to the company3 days later later to report it

I would suggest that you contact a lawyer. Most law firms do not charge for the initial consultation. Should you decide to retain a lawyer, most will charge a contingent fee. As a result, if you do not receive a settlement or judgment, you will not be required to pay any attorney's fees. By working with an attorney, you can best ensure that the paperwork is processed properly, that your medical bills and lost wages are paid, and that you receive a fair settlement for your injuries. Please...

I have a warrant in ma and live in ny,and have never been arrested in ma for shoplifting, but have several times in ny, what now

It is important for you to address the warrant. The best way to deal with it is to present at the Court that issued the warrant. The Court will recall the warrant, and will then schedule the next hearing date (unless you resolve the matter on the same date that the warrant is recalled). Some courts will allow a lawyer to appear in your place to recall the warrant. Others will insist on your presence. There is always a possibility that the Court will require you to post bail, so you should...