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Gary Phillip Heslin

Gary Heslin’s Answers

124 total

  • I had slip and fall in February, is it to late to sue

    The weather was bad, but there were no camera. I did contact septa, I went to primary and er. Do I have acase

    Gary’s Answer

    All the attorneys I've answered this question of giving you excellent advice. I'm going to be a little more down to earth.

    I can't tell from your question if you went to the primary Dr. more than once. If you only went to the emergency room one time and your primary doctor one time, the question is whether or not your potential case is even worth pursuing. If you did not break a bone or sustain some serious injury, then from a practical standpoint I can't see a lawyer wanting to pursue this.

    Septa is not easy to deal with. In addition to that they have special laws that protect them. You didn't say what caused you to slip and fall and where you had the slip and fall. Depending on the facts of your fall, you may or may not have a potential case. But again, if you're not seriously injured I wouldn't think it is worth pursuing.

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  • Do I have the right to sue my insurane?

    I was in an accident,which i was not at fault for, but my insurance took responsibility and in return they were going to get it back from the woman's insurace. Now I pay for full coverage and all that includes. So long story short I'm being stuck ...

    Gary’s Answer

    I don't have enough information to give you an opinion. However, let me give you some advice anyway.

    1. I assume you had "collision" coverage which pays for the damage to your vehicle subject to a deductible. It sounds like you are saying that your insurance carrier paid for your damages and they are going to attempt to recover both the amount they paid and your deductible from the other insurance carrier. That is nothing unusual and you would simply have to monitor and make sure if they get paid that they return your deductible.

    2. With regard to the rental car, if you had rental coverage on your policy then your insurance company would be liable to pay up to the extent of your coverage. Just look at your policy and see what they were supposed to pay. Then call the rental company and see if they paid it all. If not, you may be able to pressure them into paying more or suing them.

    3. If the other driver was truly at fault and had insurance, even if your rental coverage was maxed out you may be able to collect from the other driver's insurance.

    This is the best I can do based on the assumptions I made. Good luck

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  • Where do we go from here?

    I posted about a month ago regarding my son-in-law's attorney not filing yet on his behalf for the injuries that occurred from his car accident 1 yr ago. Well he finally did only to find out the the person who hit him died 6 mos ago. His attorney ...

    Gary’s Answer

    I feel confident that your son in law's attorney realizes that he cannot sue a dead person. In the state of Pennsylvania, the lawsuit is void. However, if an estate was opened for the dead person, then he can file a lawsuit against the administrator of the estate. If an estate was not opened, then someone will have to file the paperwork necessary to open an estate. The statute of limitations (the last date to file a lawsuit against the estate) is two years from the date of accident. There is plenty of time to get this done.

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  • My wife was rear ended on May 30 2013 i have questions.

    My wife was rear ended in May 30 2013, she ended up having a herniated disk and a bulging disk because of it in C2&C3. I did not know i had limited tort and we have exhausted the insurance money on my insurance.she lost her job and she doesn't hav...

    Gary’s Answer

    Hard to tell what you can do without enough information. Was their insurance on the car that hit her? If so there is a good possibility something can be done.

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  • I slipped & fell on a sheet of ice at a Lowes 6 days ago. I was hurt pretty bad. Can I file a lawsuit 6 days later?

    I was at a Lowes home improvement store with my family. I was outside looking at a shed and I slipped on a sheet of black ice. I went straight backwards on my back. I have back pain, I cut my hand open, I may have fractured my elbow, and I'm havin...

    Gary’s Answer

    The case is definitely worth investigating. I wouldn't be surprised if they have the fall on video. Even if you did not report the accident at that time, the fact that you waited six days is not going to affect your case. If you are hurt, go to the hospital.

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  • I was recently in a car accident and am trying to figure out who would be deemed at fault

    Saturday afternoon I was traveling south bound and when i reached the corner, which I had a stop sign for but intersecting traffic did not. After coming to a stop, I look to the left to clear traffic, however do to construction and a large van bl...

    Gary’s Answer

    Normally where you have a stop sign and the other car doesn't, the accident is your fault.

    However, if this large van was illegally parked then I would claim it was his responsibility. Did you get the information on the Van? Also, you said there was construction and possibly an argument could be made that the company doing the construction was also responsible for the accident. Tough to tell without more facts.

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  • How can I make sure in the case of an accident that my sister doesn't get sued?

    My car is insured under my sister's name. My mom said if I end up in an accident, whether my fault or not, that if I had people in my car they could sue my sister. I wish to prevent this, but don't know how.

    Gary’s Answer

    I handle automobile accident cases in Philadelphia, Pennsylvania and the surrounding counties. There is really no way to prevent your sister from being sued. If you were to be the cause of an accident, a lot of lawyers will sue both the driver and owner of the car.
    With some exceptions, your sister is NOT responsible for your actions. For instance one of the exceptions is if she knew you were a bad driver or did not have a license and let you use the car anyway, then she could be held personally responsible.

    In most cases, the owner of the car is not responsible for the accident and is let out of any lawsuits.

    The only way to insure that your sister will not be sued is to have the car in your own name.
    .If you have any questions about automobile insurance, you can download my Pennsylvania automobile insurance guide from my website. It is free

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  • Can my husband file a lawsuit he is incarecerated he slipped and fell on a puddle of water that seeped thru the walls.

    he woke up got off his bed and slipped on a puddle of water that came through the walls from the shower. he hit his head and sprained his wrist. and now the guards are saying he fell of his bed whih he didn't and his cell mate is his witness.

    Gary’s Answer

    In my opinion, there are going to be too many issues to make this case is worth pursuing by a lawyer. I handle Pennsylvania injury cases.

    I assume your husband is in either a local or state prison. Whichever, the institution will be governed by laws which apply only to government entities. These laws have special requirements and thresholds which must be met in order to be successful in a case. Since you say that there is only a "sprained wrist", I don't think a lawyer is going to want to get involved, and to be honest, I don't think your husband can handle this on his own.

    If I were you, I would find a lawyer who is a member of Avvo in your local community, and contact him/her for a free consultation.

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  • What do I do need help???

    I had gone to the hospital 5 times in 1week and Dr. Dumpe proceeded to tell me that I don't do well with pregnancy and said all I needed to do was go home and move my bowel. I told him that when I moved my bowels it was black and he said its becau...

    Gary’s Answer

    You should contact an experienced medical malpractice lawyer in Pennsylvania. They will review your case for free. If they accept your case, they will handle it on a contingent basis. This means they will advance all the costs and there is no fee if there is no recovery. [removed]

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  • Malpractice suit each side had their deposition me and the doctors they sun it to the expert and he sun it back to my lawers

    saying that both doctors were negligent so do u think my case will go to court

    Gary’s Answer

    There is no way to answer this question based upon the information you submitted.

    As I handle medical malpractice in Philadelphia, Pennsylvania, and the surrounding counties, I can give you some general advice.

    Generally speaking, medical malpractice insurance policies issued in the state of Pennsylvania require the consent of the Dr. to settle the case. Therefore, if the Dr. doesn't give his consent, then the case will go to court.

    Also, just because the expert your lawyer hired said that the doctors who treated you were "negligent" does not mean those doctors are going to give up. They may have their own expert who say they were not guilty of negligence.

    And, even if everyone agrees that the doctors who treated you were negligent and that that negligence caused you damage/harm, both sides may not be able to agree on the amount of money you should be compensated.

    The only one who can truly answer all your questions is your lawyer and I suggest you contact him/her

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