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Jonathan S. Damashek

Jonathan Damashek’s Answers

32 total

  • Will a lawyer take my case if its a good case and get paid after winning

    a financial burden has been placed on me due to the situation

    Jonathan’s Answer

    Yes----it should be done on a contingency basis. The attorney only gets paid at the successful conclusion of your case.

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  • Persinal injury

    Why do plantiffs lawyers demand policy limits in negotications but settle for less that the max example .demand 300,000 but settle for 100,000

    Jonathan’s Answer

    Because it is a negotiation----you don't want your attorney negotiating from a point of weakness. You do not want your attorney to initially make a demand that is too low that does not give you room to negotiate.

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  • Fire personal injury

    I suffered significant property damage through a fire caused by a building owner's negligence. What is the deadline from date of incident to notify the building owner's insurance carrier so that my case wont get negatively affected? Also would wri...

    Jonathan’s Answer

    You really need to consult with an attorney as soon as possible. There is no way to answer your question accurately without hearing a lot more facts.

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  • Do I Have to pay (2) 33% of Both the underinsured policy who hit me -and- 33% my little supplemental to to the lawyer If granted

    Rear end mva Sustained many bodily injuries

    Jonathan’s Answer

    • Selected as best answer

    If you signed a retainer agreement that is a contract between you and your attorney. If you agreed to the fee split, you are bound by that agreement.

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  • Is notice of injury/incident given to a residential building's hired maintenance person equivalent to notice to the landlord?

    Need guidance as to a legal theory (agency law? respondeat superior? other?) that would hold that the landlord had received notice under circumstances where notice of the accident and of the injury was provided to the maintenance person (who was e...

    Jonathan’s Answer

    Most likely yes------I would need to hear more facts.

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  • If your case has been compelled into arbitration by the federal court, can the federal judge tell counsel when they are allowed

    to submit a motion which, in part, seeks the disqualification of opposing counsel?

    Jonathan’s Answer

    You should check the local rules and the rules of that particular Judge. Your answer should be there.

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  • Does the age of a plaintiff, the circumstances and the site affect the amount. Of a lawsuit for severe personal injuries?

    42Yrs old Profesional slot technician and electrician.

    Jonathan’s Answer

    The age of the plaintiff would be considered as it relates to future pain and suffering and special damages such as future lost earnings and future medical expenses.

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  • I would like to know what s next,? thank You

    im 36 y/o, over two years ago i had an accident at work, the case was established for the back and the neck, average weekly wage was set at 600$, there is a buldge at c3,c4 level, inherniation discs L4,L5,L3, L4,L5 , there is a also a tear, an...

    Jonathan’s Answer

    How did the accident happen? You may have a viable third-party claim.

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  • Personal injury

    If a plaintiff misses an inquest hearing for default judgment against the defendant, what can the plaintiff do to reschedule the hearing, or is it already too late?

    Jonathan’s Answer

    Check the status on the unified court website or e-law to see if it was dismissed. If it was dismissed, you need to make a motion to restore. There is a possibility the Court may have adjourned it.

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  • Please explain how Insurance companies get away from paying victims using the "Eggshell Plaintiff" rule?

    Struck by a car earlier, I was taken to ER. Police report shows driver admits fault. I was sent for testing by Pers. Inj Dr. and he had MRIs taken of my back & shoulders. Here are some results: BACK-Showed degenerative disc disease and showed ...

    Jonathan’s Answer

    I agree with much of what was already said above----However, let's assume that you did have pre-existing conditions prior to the accident. The defendant would also be on the hook for exacerbating any of the pre-accident conditions. Just so you know, in almost ever case they claim that the injuries are degenerative. Their doctors are paid by the insurance companies. If they agreed with your doctors all of the time, they would not get repeat business from the carriers and law firms.

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