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Michael Herschel Monheit

Michael Monheit’s Answers

20 total


  • Can i sue the business owner that hit my parked car with her uhaul rental if i did not have insurance?

    uhaul denied my claim but i and my mother witnesses the truck as it was turning smashing against my car. i filed a hit and run report. but uhaul said they denied the claim because im not a good enough witness and the business owner denies it . and...

    Michael’s Answer

    You should file a police report if you have not already done so. You should also notify your insurance company. And you should hire a lawyer. One challenge you may find is that hiring a lawyer may prove challenging if all you are seeking is property damage. But perhaps you there is enough damage to the car that it would warrant a lawyer getting involved.

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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 ...

    Michael’s Answer

    You should retain an attorney immediately. You should not talk with her insurance company. Let your lawyer communicate for you. They can be very tricky in what they will ask you to try to hurt you again by preventing you from making a claim. Don't let them do that to you. Get a lawyer. Feel free to contact me if you want to discuss.

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  • The cab I was in made a illegal u-turn and hit another car head on. The driver then yelled at me to get out. I left& went to

    The hospital cause I was in a lot of pain. I suffered black and blue marks everywhere on my left side, whiplash and have pain everyday in my left ARM. I am seeing a chiropractor three times a week and now he wants me to see a specialist cause of ...

    Michael’s Answer

    Yes. You have a claim. You should consult a lawyer. Feel free to contact me if you have further questions. There is no charge for a consultation with me.

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  • Can my friends recover the cost of their car even if they don't have collision insurance

    My friends were in an auto accident. Their car is complete loss. They do not have collision insurance, but they can prove the other driver was at fault. In that case, can they still recover the cost of their car, even though they don't have collis...

    Michael’s Answer

    Yes. Your friends can bring a claim against the drivers of the other car for the damages negligently caused to your friend's car.

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  • Are you always at fault if you hit someone from behind even if there are 3 cars involved 3 cas on abridge while raining

    first car slams on breaks second car slams on breaks hits first car third car slams on breaks hits second car first car leaves the scene is the third car automatically at fault

    Michael’s Answer

    Yes. As a general rule, a driver needs to keep a safe clear distance. That distance needs to take into account speed, driving conditions, stopping distance. While the other cars may have contributed as well to causing the accident, a driver of a car will be held resopnsible for rear-ending a car in front of it, that has come to a stop due to traffic conditions.

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  • Do I have grounds to sue someone if I rear ended her even if I feel she caused the accident.

    She was stopped at an intersection with no stop sign no red light no turn signal; no four ways. Just sitting there oribanly talking on her cell phone or texting. After I hit her she got out and stared snapping pictures like she was waiting for thi...

    Michael’s Answer

    As a general rule, I do not think you have a basis for a claim. As the driver behind them, you have a duty to maintain a safe clear distance from cars in front of you.

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  • Somebody rear-ended me, Can I get my deductibles back?

    Not at fault accident, can I get my deductibles back? I was rear-ended I'm going to have to fix the car with my insurance company. The initial estimate was ~$3000 and my deductibles is $1000. Ideally, my insurance company would pay the differen...

    Michael’s Answer

    Yes. You can make a claim against the other driver for your out of pocket damages.

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  • Can you sue a nurse and/ or hospital for giving bad medical advice that lead to your child almost dieing ?

    My son was born we were sent home after 3 days. We got home i thought something was wrong, he wouldnt wake up was lethargic and wouldnt eat like he was. I called the birthing hospital and the nurse told me to try a few things and call back if no c...

    Michael’s Answer

    There are a number of things a lawyer will look at in evaluating whether the claim can prevail, and then one additional factor to determine if it is economically worthwhile for that lawyer to undertake representation. The factors include:

    1 Duty of care - did the hospital owe a duty to provide proper care.
    2 Breach of duty - did the hospital fail in providing the proper care
    3 Factual causation (Direct Cause) - did that failure result in harm
    4 Legal causation or remoteness - were any other factors responsible for that harm
    5 Harm - What harm was caused

    The additional consideration is economics for the firm bringin the lawsuit (and thus for the person who was harmed) that is how much harm was caused. Is there sufficeint damage caused by the breach to warrant the expense and time of filing a lawsuit.

    I hope your son is well. If there is permanent harm and ongoing medical care needed, you should consult a lawyer.

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  • I had a total hip replacement 8/27/2012 via anterior approach and suffered femoral nerve damage. Should I take legal action?

    It was my understanding that the anterior approach involved shorter rehab time and was less destructive than the lateral approach. Femoral nerve damage is rare after hip replacement so I was expecting a pretty short rehab. This has not turned ou...

    Michael’s Answer

    What type of device was implanted? (Make & Model).

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  • Can doctors be sued for misdiagnosing a patient with Lyme disease?

    Recently diagnosed and have suffered for many years. Diagnosed with everything under the sun but Lyme. Now found out I have Lyme with permanent health issues.

    Michael’s Answer

    Yes, this can be a case. In fact, our family has a close friend that pursued this type of matter. I have seen this sort of thing firsthand. I feel really bad for what you are going through. She went for many years before being properly diagnosed and the disease had progressed significantly as a result of the delay in diagnosis. If you would like to discuss this further, I would welcome the opportunity to talk with you. I can be reached at 215-790-4581 (direct dial at work) or 215-840-6573 (cell) or by email mmonheit@anapolschwartz.com.

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