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Carol Lynn Schlitt
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Carol Schlitt’s Answers

191 total


  • Can Personal Injury Plaintiff Atty hire third party administrators for settlements and mediations?

    I know there are Third Party Administrators for Insurance Companies for Personal Injury. Can Plaintiffs hire a TPA to negotiate settlement as well?

    Carol’s Answer

    When you hire an attorney, you are hiring that firm and all the people at in the firm. Each firm will approach settlement talks, arbitrations and mediations differently. For example, in our firm, if I am the lead attorney for a case, then I work with my team to prepare that case for settlement talks, arbitrations and mediations. I do the negotiations.

    If your question is can you hire someone other than a lawyer to represent you, the answer is that in New York, only an attorney admitted to the bar can offer legal services.

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  • Do I Need to hire a Civil Lawyer? Do they have to send me a Summons?

    I borrowed my friends car. I got into an accident. The other driver was parked in a no standing zone. When the light turned green the driver pulled out and hit me. The other drivers insurance has hired an attorney demanding money from me. I'd li...

    Carol’s Answer

    There are multiple issues raised here. First, make sure that you contact the insurance company for the car as your friends insurance is the primary insurance. They will handle any claim and provide representation if there is a lawsuit. Second, if you have a car or there is a car in your household, you should notify that insurance company as you and they may be liable for payments beyond the primary insurance.

    Yes, cases settle without a lawsuit (we do it often), but you should let the insurance company handle and pay for this claim. Finally, if the other drier struck you, why would you pay anything? If you were struck , you may have a claim against the other driver. If you were injured, you should speak to a personal injury attorney. You can find one here on Avvo.

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  • Who would be a good attorney for this case and a figure for a settlement amount as this will have an affect on his future

    my son is 19 he suffered a crush injury to his right foot while working his summer job this happened 6/11/2015 . he has had 5 surgeries so far am unsure how many more he may end up with a partial amputation we are looking for a good attorney for t...

    Carol’s Answer

    I am sorry to hear about the injury to your son and the terrible impact it has had on his life.

    As my colleagues have said, we need more information to offer proper guidance. Because this injury happened at work, your son automatically qualifies for Workers Compensation benefits. They will pay his medical expenses, lost wages and related expenses. If you have not done so, you should immediately contact an attorney who handles Workers Comp cases.

    New York law prevents an employee form suing his or her employer, but there may be a third-party (i.e., someone other than the employer) responsible for this foot injury and you can pursue a claim against that person or company. You should speak to a personal injury attorney either on this matter. That consultation should be free.

    I hope this helps and that the future takes a brighter turn for you and your son.

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  • Can I pursue a lawsuit for damages resulting from a car accident even though I did not receive immediate medical care?

    I was hit in the middle of my car on the passenger side about 2 months ago when a teenager ran a stop sign. I had the right of way with no traffic restrictions. It was substantiated on the police report, as well as from an off duty police officer ...

    Carol’s Answer

    Yes, you can and should still pursue a claim for damages. The best advice is to speak to a personal injury attorney. That consultation should be free. Yu can find a good attorney here on Avvo.
    While you should speak to an attorney, you may have difficulty in prevailing with your claim. In motor vehicle cases, you need to prove three points:

    1. That the defendant bears liability for causing the crash.
    2. That the crash caused your injuries and the dollar value of those injuries.
    3. That your injuries meet the New York State definition of a serious injury

    Based on what you posted, you will need to prove that the car crash caused new injuries or exacerbations of your previous back problems. You will also need to demonstrate that your injuries qualify as a serious injury. The easiest way to meet the serious injury threshold is by having a broken or fractured bone or missing 90 days of work. It is possible with soft-tissue injuries like yours, but not a given. An attorney can explain this with you. I have a guide her on Avvo that explains the serious injury Law and I will attach a link.

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  • How can I get some help

    I was hit by a truck I was on my scooter I found a lawyer I had no paperwork from the doctor the case was done I received 2000 now I have more problems with my back and my leg what can I do

    Carol’s Answer

    I am sorry to hear about your ongoing problems. If you reached a settlement and signed a release, then you agreed to drop all claims in exchange for the settlement payment. Therefore, you have no further recourse against the defendants in that case.

    Your No Fault coverage may still be in place and you an use that to pay for medical expenses. If your No Fault coverage is closed, then you can use your regular health insurance to pay for medical expenses.

    If you have questions, you should speak to the attorney who handle the matter for you.

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  • Can I use my auto insurance company’s lawyer to represent me & fire my current attorney that i'm not happy with?

    I was not aware I could use my auto insurance company’s lawyer to represent me – I am extremely dissatisfied with my current attorney’s efforts during the last several months, is it too late to fire my current attorney and use the insurance compan...

    Carol’s Answer

    I am not sure that I understand your situation. If you were in a motor vehicle accident and someone has filed a lawsuit against you, your auto insurance company will provide an attorney to represent you. You can hire your own attorney if you do not believe that the insurance company's attorney is representing your interest, . This situation usually only applies if you have assets at risk because the potential award exceeds your insurance coverage.
    If you were injured in a motor vehicle crash and you are pursing compensation, then you need to hire an attorney to represent you. If you are unsatisfied with your attorney, you are always free to change lawyers.

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  • Will I have a case for wrongful death? Theres more to my story. Who would be held responsible? JKB

    My husband died a wrong death last 5/2015. A defibrillator that was put in 6/2014 malfunctioned. I took him to the Drs. For allergys on 5/1/2015 and his defibrillator started going off. After being rushed to the hospital the Cardiologist told my ...

    Carol’s Answer

    I am sorry for your loss.

    To assess the case, we would need to have more information. I recommend that you consult with a medical malpractice attorney. You can find one here on Avvo. The consultation should be free and you can learn form the attorney the value of your case and the best way to proceed.

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  • Trial + Insurance Policy and Court fee Question.

    The Insurance Policy is $600,000 and in trial you "win" $1,200,000. The insurance policy writes out the check for the full policy.. At 33 and a half percent does the attorney take $201,000 immediately based on the $600,000 received or does he take...

    Carol’s Answer

    The short answer is the attorney only shares in money actually received. So in this case, if there were no expenses and the lawyer received a one-third fee, then the lawyer would be entitled to a $200,000 fee based on compensation of $600,000. you should read the retainer which should explain in detail the fee arrangement. You should also speak to your attorney.
    On a separate note, if you received a court award in excess of the policy, you can enter a judgment against the defendant and attempt to collect directly form him or her. There may also be instances in which the insurance company will pay more than the policy if they turned down an opportunity to settle within the policy and failed to protect their insured's assets. You should speak to your attorney about the opportunities to collect the full award.

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  • What kind of lawyer do I need to address this problem???

    CVS gave me the wrong dose of Risperidone witch I took for 1 month and it caused me to have migraine that wont stop, even though they fixed the problem and admit the mistake.. When my doctor realized what they did he gave them a call and pointed...

    Carol’s Answer

    You need a personal injury lawyer who handles medical malpractice. Preferably look for one who has handled similar cases against a pharmacy like CVS.
    In cases like these, you need to demonstrate who made the mistake. Was it the doctor or the pharmacy? Your note suggest it was all the pharmacy's fault, but you need to check. For example, we had a case where the doctor wrote the wrong prescription, writing once per day instead of once per week and the pharmacy filled it even though the pharmacy should have known better. You then need to assess the damages and put a dollar value on it.
    I suggest that you do not speak to CVS or their representative. Instead, contact an attorney (You can find one here on Avvo). The consultation should be free. Choose the lawyer that is best for you.

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  • In slip and fall and premises liability, who is supposed to undertake a defense in court: the premises or the insurance company?

    Recently we were given notice that one of our customers fell due to snow and was filing suit against us for personal injuries. In this matter, who is going to defend the action? Us or the public liability insurance company?

    Carol’s Answer

    Your insurance company will provide a defense. Give them the notice and they should take care of it.

    The only reason you would have a concern is if the claim might exceed the amount of coverage in your policy. Then you will want to make sure that the insurance company protects your interest and that might warrant hiring your own attorney to work side by side with the lawyer provided by the insurance company.

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