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Harold Semanoff
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Harold Semanoff’s Answers

509 total


  • Can I sue?

    If I was the passenger in a vehicle that was involved in an accident in Pennsylvania and the accident was not my drivers fault but he doesn't have tort on his insurance what legal rights do I have to sue if any?

    Harold’s Answer

    The answer depends upon what state you reside in and whether or not you or a member of your household has auto insurance. Your right to sue for pain and suffering is controlled by your insurance, not the driver. If you had a "Full Tort" policy you can sue. If you have "Limited Tort" your ability to sue is based upon the severity of your injuries and whether or not any exceptions apply. You should consult with an experience personal injury attorney. Avvo is a great resource for locating an experienced lawyer near you. Best of luck with your case.

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  • Am I allowed to sue if I was in a car accident for medical and pain?

    I was in an accident on 8/8/15,the other driver was 100% at fault and their insurance is covering repairs to my car......but I have injuries from the accident and I am going to a chiropractor that MY insurance is paying for....can I sue the other ...

    Harold’s Answer

    If you selected "Full Tort" coverage on your auto insurance, then the answer is an unqualified "yes".
    If you have "Limited Tort" the answer is "maybe" depending upon the severity of your injuries and whether or not any exceptions apply, In either case, you should retain the services of an attorney specializing in auto accident cases to be sure that your rights are protected and that you are properly compensated for your injuries. AVVO is a great resource for locating experience lawyers near you. Best of luck with your case.

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  • I have a 80,000 lien on my accident case.There was 40,000 recouped from everything involved which is sitting in lawyers escrow

    The money is sitting in escrow for a year plus now.My lawyer told me he would negotiate 33% of the money in escrow.Here is my problem.I understand that this is not my money and needs to pay for the lien.But why did he tell me he can negotiate the ...

    Harold’s Answer

    There is no excuse for you lawyer's failure to respond to your calls.
    I would call and set up an appointment to meet with him to review your case. If he fails to do so, you may need to contact the Disciplinary Board.
    Regarding the Lien, depending on who the money is owed to, it may be possible to negotiate a reduction. Some Liens are with ERISA Based plans and do not permit for a reduction.
    You should ask your attorney for copies of all correspondence with the Lienholder and for a copy of the relevant plan language. Best of luck with your claim.

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  • A surgeon has operated on my mother several times. He nicked her bowl twice. She is in the ER and needs help now but he won't.

    We live in a small town where there are only a couple of surgeons to choose from. My mother in law went to a surgeon for a hernia over a decade ago. Due to his negligence and infections from the mesh he used she has had to return multiple times fo...

    Harold’s Answer

    Unfortunately, you can not force a surgeon to operate on your mother. You should request a transfer to the nearest major medial center for proper care.

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  • If I carry car insurance and a non licensed relative staying with me temporarily is in an auto accident and sustains injury,

    While a passenger in her friend's car. Shouldn't this person be held liable via her insurance or civally? I have just been told the driver was "underinsured". I also see I carry uninsured/underinsured minimum for PA My relative receive...

    Harold’s Answer

    In PA you medical bill are paid by your own auto carrier. If you do not have one, and a relative residing in the same household has an auto insurance policy, that policy pays the medical bills. Making a claim for Underinsured Motorist Benefits or for medical benefits should not result in a premium increase. Also, your consent is not needed by your insurance company to settle a claim.

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  • If I carry car insurance and a non licensed relative staying with me temporarily is in an auto accident and sustains injury,

    While a passenger in her friend's car. Shouldn't this person be held liable via her insurance or civally? I have just been told the driver was "underinsured". I also see I carry uninsured/underinsured minimum for PA My relative receive...

    Harold’s Answer

    In PA you medical bill are paid by your own auto carrier. If you do not have one, and a relative residing in the same household has an auto insurance policy, that policy pays the medical bills. Making a claim for Underinsured Motorist Benefits or for medical benefits should not result in a premium increase. Also, your consent is not needed by your insurance company to settle a claim.

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  • Who do I sue?

    My 16 year old daughter fell asleep at a friend's house. The friend is a 17 year old boy with no drivers license. While she was asleep he and another boy took her car for a joy ride and totalled the car. At first, the boy's father stated that he w...

    Harold’s Answer

    The boy's father is correct. He is not responsible for the criminal conduct of his son, unless he had reason to know that he was likely to take the car without permission and to become involved in an accident. Having said that, you should consider filing a police report and bringing criminal charges against the driver for having stolen the automobile and also submit it to your insurance company if you had property damage coverage. The father might reconsider if his son is facing criminal charges. Also, if you or your insurance company sue the driver for the property damage and there is an unpaid judgment, the driver might not be able to obtain a driver's license in the future unless the judgment is paid. You should consider hiring an attorney to help you navigate this matter. AVVO is a great resource to help you find an experienced lawyer. Best of luck with your claim.

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  • Do I have a case?

    Last week i was in a car accident i was stopped at a red light when someone made the right turn onto the street i was on only when he turned he e turned into my lane and ended up hitting me head on in-turn totaling my vehicle and causing minor in...

    Harold’s Answer

    You are entitled to recover for your property damage from his insurance company and to be compensated for your pain and suffering if you maintained Full Tort Coverage. If you did not have Full Tort coverage, there are a number of exceptions that may be available to you. You should immediately contact an attorney who specializes in personal injury law to assist with with your claim including the handling of your property damage issues. AVVO is a great resource for locating competent lawyers in your area. Best of luck with your case.

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  • Do I need an attorney for an auto accident? The other driver is at fault due to running a red light but I have to pay for it.

    The car i was driving was a rental. They are trying to bill me, but i don't have any money. I also have a shoulder/back injury due to the accident. Now i cant work because i drive for a living and thats my only source of income. Basically with me ...

    Harold’s Answer

    If the other driver was insured, his insurance company is responsible for the property damage and your other economic losses. Your right to recover for your own injuries depends on whether or not you are an insured under another auto policy and your tort selection. You should immediately contact a personal injury attorney specializing in auto accident cases. AVVO is a great resource for finding great lawyers in your area. Best of luck.

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  • WHAT IS THE statute LIMITATION FOR A Wrongful death SUIT /admitted accidental death by hospital staff

    If my mother in law died due to an accident where the hospital admitted they dropped her and I have the letter of their admittance of the drop plus a Death certificate that says cause of death was accidental, can I begin legal process without my h...

    Harold’s Answer

    The Statute of Limitations is 2 years from the date of the accident where she was dropped. Since this was your mother-in-law, you do not have the legal authority to bring a wrongful death suit. Normally, it is the person who has been appointed as the executor or administrator of the estate, or a surviving spouse or child. If your husband does not want to be involved and there are no other surviving children, he can renounce his right to serve as the administrator and request that you be appointed in his place so you can proceed. You should immediately contact an attorney specializing in medical malpractice to help you with these issues and to represent the survivors in a wrongful death suit. Best of luck with this tragic claim.

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