Marc P. Weingarten's Answers

If you seek a lawyer for medical malpractice

There are many reasons why a lawyer would ask you to get the records. Believe it or not, one reason is that it may well be easier for you to get them. Many hospitals now subcontract out record retrieval to a third party vendor. This means that the lawyer will write to the hospital for the records, the hospital will send the request to the vendor who will then work on it. The vendor then sends a bill to the lawyer, the lawyer sends the check to the vendor, the vendor then gets the records and...

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Am I able to sue...?

You do not specify the extent of your injuries. In Pennsylvania, a driver such has yourself, can purchase either "full tort" or "limited tort" automobile insurance. If you have limited tort, then you can only file suit for more serious types of injuries, but if you have full tort, then even lesser injuries can be the subject of a suit. You should consult a lawyer to determine where are are with respect to those issues. As far as the rudeness from the EMTs, that may not be something that is...

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Hi, i was in an accident this past summer. A car driving way past the speed limit, not wearing a seat belt,counting money hit me

This is a classic case for a good personal injury lawyer to get involved in. It involves property damage, wage loss, medical bills and physical and psychological pain and suffering. This is the type of case that lawyers handle every day. By all means, do not attempt to negotiate with the insurance company on your own. Let your lawyer do it.

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I am being sued for a dog bite that happened on my property, and I really need to know what to do.

This is a matter for your homeowner's insurance carrier to handle. If you get any letters, court papers or phone calls from a lawyer, be certain to forward them to your insurance agent or insurance company. They will defend you in any such action.

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Will I be taxed on settlement awards for personal injury?

Settlements for personal injury are not taxable income for federal income tax purposes. If any portion of the settlement is designated for lost wages, that portion of it is reportable and taxable.

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Suffered second degree burns to fingertips after waitress handed me a hot plate, do I have a case?

That does sound low. Your email does not say whether or not you are represented by a lawyer. If you do not have one, you should retain one immediately and not try to negotiate this on your own, or the insurance company will take advantage of your inexperience. There also may be a statute of limitations about to run. Retain Ohio counsel as soon as you can.

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Can I sue my daycare provider?

You do not specify if the bites are from a rodent, insect, dog or cat, or other infants in the daycare center. In any event, there may be negligence either in the maintenance or the supervision in the facility. I suggest that you contact an experienced personal injury lawyer and get good counsel. You may also want to find a new daycare facility for your little girl.

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What is my claim worth?

Do not even attempt to negotiate this claim on your own. It is the dream of every insurance adjuster to negotiate a significant case with an unrepresented layman. Such cases will historically be settled way under value because of the great disparity in experience between you and the adjuster. Any fee that you will pay your lawyer will be more than made up for by the increase in settlement value he or she adds to the case.

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Does the lawyer's closing statement and itemized list of monies disbursed goes to claim adjuster?

The closing statement or schedule of distribution generally is between the lawyer and the client and is not shared outside those two. It is an accounting so that the client can determine how he or she ended up with the net distribution, after attorney fees, expenses and liens have been deducted. However, in some states, the closing statement may have to be filed in court if the case involves a decedent or a minor.

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I hurt my knee in the house (i had a leak in the house from the ceiling when i step in the kitchen i fell and hurt my knee?

I gather from your note that you are a tenant. Even though your landlord told you that there is no insurance for your injury, you should talk to a lawyer to have him investigate if this is true or not. If the owner was on notice that there was a leak above the ceiling, or was negligent in the maintenance of the property, then there may be liability for your injury.

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