Alan Jay Dion’s Answers

Alan Jay Dion

Philadelphia Litigation Lawyer.

Contributor Level 14
  1. What is the settlement range in Pitt for a car accident that cased me to have neck surgery with a c3 - c4 disk removed and fused

    Answered over 2 years ago.

    1. William Scott Adams
    2. Christian K. Lassen II
    3. Alan Jay Dion
    4. Jacob Adam Regar
    5. Andrew Daniel Myers
    6. ···
    6 lawyer answers

    Maybe another answer pointed this out, but I didn't see it in my quick scan of the other answers. The evaluation of your injury could be an academic exercise if there is not enough insurance to fully compensate you. This depends on the amount of liability insurance that the responsible party has plus, the amount of your underinsured motorist coverage, if you have it. You also don't say how the accident happened. If you are more than 50% at fault, you cannot collect anything except medical...

    12 lawyers agreed with this answer

  2. If i file a claim against an insurance company and they tell me i need to sign release papers for payment. Can they do that?

    Answered over 2 years ago.

    1. Alan Jay Dion
    2. Christian K. Lassen II
    3. Joel Jay Kofsky
    4. Kenneth Howard Levinson
    4 lawyer answers

    Yes and no. Yes they can ask for a release. No, they shouldn't make it a condition precedent to cutting the check, but they can make it a condition precedent to giving you the check, a distinction without a real difference. You can say you won't sign a release unless they pay the rental. You can just write it into the release yourself. In other words, whatever amount they offer to pay for the damage, you can write in the release on the line with the amount and initial, "plus reasonable...

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  3. Can i sue Walmart?

    Answered about 1 year ago.

    1. Jeffrey Ira Schwimmer
    2. Alan Jay Dion
    3. George Costas Andriotis
    4. Sandra B. Worthington
    5. Tanya Marie Bachand
    6. ···
    8 lawyer answers

    This was a horrible crime and you are entitled to all of the emotions that you express. Hopefully the sick predator will be caught and brought to justice. I do not see civil liability on the part of Walmart, however. This man did what he did in public and was caught, apparently, within seconds of the act. The part about the police saying he was rubbing your daughter's arm, went out and came back, would only be relevant if Walmart had, through surveillance cameras or employee report or...

    9 lawyers agreed with this answer

  4. Someone who doesn't have insurance hit my car and now they're out of the country on vacation. What can I do?

    Answered over 1 year ago.

    1. Alan Jay Dion
    2. Christian K. Lassen II
    3. Barry J. Simon
    4. Michael R Crosner
    5. Scott J. Corwin
    6. ···
    7 lawyer answers

    This can be a difficult situation if your own insurance is lacking in protection. I don't know about California but most states require insurers to offer 'uninsured motorist" coverage. That is coverage where you make a claim under your own policy for the money that the uninsured driver would be legally obligated to pay you. In some states the coverage is part of every automobile policy. In other states it can be waived. Check your policy to see if you have uninsured motorist coverage. If...

    10 lawyers agreed with this answer

  5. My husband is an alcoholic and will drive both our cars or motorcycles how can I protect my self from any liability,

    Answered over 1 year ago.

    1. Alan Jay Dion
    2. Don Karotkin
    3. Daniel Knight Dinneen
    4. Seth Jason Greenhill
    4 lawyer answers

    I'm sorry for your troubles. This is not, unfortunately, a rare question. I have had the situation come up several times in my practice. There is not much you can do short of moving out of the house and not coming back until you are sure your husband has gotten help and is under control. The law in most states imposes liability on the negligent or reckless person who is driving. You are not liable just by being the spouse. On the other hand, there are theories of liability that can bring...

    9 lawyers agreed with this answer

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  6. Can my mother's estate be sued by someone who was in an accident with her deceased husband?

    Answered about 2 years ago.

    1. Colm William Kenny
    2. Elizabeth M. Tarasi
    3. Alan Jay Dion
    4. Steven Mark Sweat
    5. Gladys E. Wiles
    5 lawyer answers

    Your question is complicated and, as I often say in these answers, you do not give enough facts to be certain of all issues. First, let me say I am sorry for your loss and if you think the other driver is responsible for the accident you should codnsult an experienced trial attorney in your area. Snyder County is outside my range of practice but you could consult with lawyers in Center County or Mifflin County. You say your father was "found to be at fault". By whom, how? You say "well...

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  7. How to pursue litigation against a hospital that may have caused a premature newborn to lose hearing due nerve damage?

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. Alan Jay Dion
    3. Michael A Ferrara Jr
    4. Adrianne Walvoord Webb
    4 lawyer answers

    I'm sorry for your troubles but, as the other two answers hint, with your son being 16 years old, you are describing a very iffy fact pattern. You must consult a malpractice attorney and do this before your son's 18th birthday. Your only hope of having a viable case, even if there was malpractice, would be by using the extension of the statute of limitations given to minors in Pennsylvania or the "discovery rule" which probably wouldn't work in your case. Records may be hard to obtain after...

    7 lawyers agreed with this answer

  8. I slipped and fell in a store and broke my anckle the stoe is claoming no fault do i have a claim

    Answered about 2 years ago.

    1. S. David Rosenthal Esquire
    2. Alan Jay Dion
    3. Christian K. Lassen II
    4. Andrew Daniel Myers
    5. Joel Jay Kofsky
    6. ···
    6 lawyer answers

    Unfortunately, you have the common misconception the when something bad happens to you, somebody has to pay. A slip and fall case has to be based upon evidence of negligent maintainance of property which allows a dangerous condition to develop, negligent failure to remove a dangerous condition after notice that it exists (such as not mopping up water dragged into an entryway during a rainstorm, on a slick floor in a store that you entered after the rain had been coming down for a while). You...

    7 lawyers agreed with this answer

  9. Can I sue a former employer for making anti-Semitic remarks?

    Answered over 1 year ago.

    1. Alan Jay Dion
    2. Judy A. Goldstein
    3. Christian K. Lassen II
    4. David J. McCormick
    4 lawyer answers

    The remarks definitely would be actionable if you were wrongfully discharged or if you were subjected to more than one disparaging remark or joke (hostile work environment). You had already given notice that you were leaving, "for other reasons", so you would have little to no chance of success with a lawsuit and you don't have any damages to make litigation feasible.

    6 lawyers agreed with this answer

  10. I went to have a wisdom tooth pulled and ended up having a seizure after the dentist injected pain killers. Dental Malpractice?

    Answered over 1 year ago.

    1. Matthew Louis Solomon
    2. Alan Jay Dion
    3. David J. McCormick
    4. Michael A Ferrara Jr
    5. Patrick J. Filan
    6. ···
    6 lawyer answers

    You could have a case but malpractice cases are not based upon a bad or unusual result from a procedure. You need to consult a lawyer who can investigate the case, get the full facts from you and obtain a preliminary opinion from another dentist that there was a violation of the standard of care for the extraction of wisdom teeth and the violation caused the seizure. You would have to remember whether or not you were informed of the risks of anesthesia and the dentists records would be needed....

    6 lawyers agreed with this answer