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David Mark Landay

David Landay’s Answers

46 total

  • My mom was killed in a car wreck and there is three children how would t get split up

    she was killed in a car wreck

    David’s Answer

    An estate needs to be raised for your mom. A portion of any settlement is then allocated by the court between the estate (survival claim) and wrongful death claim. The estate's portion, after payment of debts and expenses, is subject to inheritance tax.

    You need to contact an attorney that handles this matters. Feel free to go to my website for more information about auto accidents.

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  • Legal advice after being struck by a car while walking?

    Three days ago a woman hit me with her car as I was crossing an intersection. I was in the crosswalk with the walk light on. She was trying to make a left turn before the traffic going straight started moving. I believe she was going around 15-20 ...

    David’s Answer

    If you or a relative you live with have car insurance, your medical bills must first be submitted to your car insurance company. If not, then the driver's insurance company will be responsible for your bills. There are medical payment limits which will apply.

    My website has additional information which may be useful.

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  • Is my husband eligible for a workman's comp settlement?

    My husband had an accident at work requiring 7 stitches to the forehead in May. He collected workmen's comp for 1.5 - 2 weeks. He now has ~ 1.5 inch scar. Should compensation be provided in regards to the permanent scar?

    David’s Answer

    As a local workers compensation attorney, I agree with the earlier postings.
    You husband may have a disfigurement claim depending on the appearance of
    his scar.

    I would be happy to discuss this with him.

    Dave Landay

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    David M. Landay

    Attorney at Law

    1420 Grant Building

    Pittsburgh, PA 15219

    412-471-6500 or 800-216-6718

    (Fax) 412-471-5125


    Legal representation for all types of accident and

    injury cases, plus wills, estates and trusts

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  • Is the driver required to call his insurance company if someone falls out of his vehicle and is injured?

    I was getting settled into the back seat of a van, reaching to shut the door when the driver of the van pulled away I fell out. I had 4 stiches in my nose, my knee is banged up. I am sore and have a large black eye. The hospital bills are start...

    David’s Answer

    I see you live here in Pittsburgh. The driver is essentially correct. Under PA auto law, if you are covered by your own car insurance, then your own insurance company pays your bills up to your medical payment limits. This is true regardless of who is at fault.

    If you don't own a car or live with a relative that owns a car, then the driver's insurance company will pay your bills, again up to the limits of medical coverage.

    You may also have a separate bodily injury claim against the other driver and his insurance company.

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  • I was in a car accident i live and pa have full tort i

    i was in a car accident i live and pa have full tort i might have to get surgry on this it was not my fault how much of settlement should i take thank you

    David’s Answer

    The value of your case depends on too many factors to discuss online. Whether or not you need surgery is one of the most important factors. It is too soon to even consider a settlement, unless the other driver has minimal liability insurance limits.

    The value of a case also varies from county to county. Having grown up in Washington County, I know that jurors there value cases less than jurors here in Allegheny County where my office is.

    If you don't already have an attorney, feel free to contact me for more information.

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  • How much to accept for a medical settlement for children in a car accident?

    My 2 kids(10,2) were rear-ended at 45mph and our car was totaled. We live in PA and the other driver's insurance has taken liability. I have full-tort on my car insurance so we are able to get "pain and suffering". We were all taken to the ER. I h...

    David’s Answer

    It's impossible to say how much a case is worth based on a short description. From your posting it sound like this happened just a few weeks ago. You should wait for a while, several months or longer, to make sure all of the injuries are known. Assuming this happened in PA, minors have until their 20th birthday to sue, so there's no hurry. I suggest you contact an experienced personal injury attorney to handle this matter.

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  • Do I need a renunciation before I can be administer?

    My mother recently passed away. Myself and my sister are the only heirs. She did not have a will. I understand they my sister and I each have equal right to administer the estate. We have agreed that I will do it. However, do I actually need ...

    David’s Answer

    Yes, you need a renunciation from your sister, as others have already said. Keep in mind that if you are appointed as the personal representative (administratrix) there are several deadlines to follow. For instance, if you prepay the inheritance tax within three months of death, there is a small discount.

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  • How much should i settle for? I was rear ended, the other auto insurance is accepting responsibility.

    My medical bills total $ 7347.75. My loss wages total $ 262.20 gross. My property loss total $ 1035.00. My pain was limited to my neck, it has been more than a month since the accident. While I feel that i have a limited loss of flexibility/mob...

    David’s Answer

    I handle mostly motor vehicle crashes and I can tell you that every case is valued differently. There is no set formula. The value of a case here in the Pittsburgh area where I practice is different from Philadelphia which is different from Harrisburg.

    You need a personal injury lawyer to advise you because there are many pitfalls in this area. I wouldn't even think of settling most cases until at least 4 to 6 months after the crash.

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  • I was driving a company truck and was in a accident,i was found to be a fault.can i be sued personaly

    they have sues company insurance and now trying to sue me personaly

    David’s Answer

    Yes, you can be sued personally. The insurance covering the company truck will cover you as long as you were using the truck with permission. Your company can also be sued if you were on company business or if they entrusted the truck to you knowing you were incapable of driving safely. If you get served with suit papers, turn them in right away to your company and/or the insurance company for the truck.

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  • Can I be compensated for loss of income due to my van being totalled by a drunk driver.

    I will not be able to replace the van and now have no way to do my carpet cleaning.

    David’s Answer

    You can be compensated for all losses, including your lost income. The issue will be how long you should receive this income. I am not sure why your vehicle can not be replaced by the drunk driver's insurance, unless his coverage is not sufficient. If your vehicle is replaced, that should end your claim for income. If the insurance is not sufficient, then you should receive lost income for some period of time, but not indefinitely.

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