James V. Monaghan's Answers

Is it a fair amount of $60T cash settlement for my work related herniated disc?

The answer depends on a multitude of issues. Are your benefits being challengerd? In other words is there a petition filed by the insurance company to cut off or reduce your benefits? How likely is your success on the defense of that petition? How long have you been out or work? What is your age and education? Theses are all questions which help to determine whether or not a settlement is reasonable. Generally speaking workers compensation cases settle for between 3-5 years of total...

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Am I able to sue...?

That is unfortunate. First of all you do have an action against the driver who rear-ended you. Your automobile insurance will pay for the medical bills up to at least 5K. After that you health insurance will pick up the bill. You can recover for pain and suffering as well as out of pocket expense from the other driver's insurance. As for the poor treatment by the paramedics you may also have an action against them but I would need to hear more facts to determine what if anything can be done.

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I'm being sued by a credit card company in Pennsylvania. I own only an old car and an old computer, and have tax issues.

A creditor that successfully obtains a judgment after suing you can attempt to execute that judgment against your real and personal property. That would include houses, bank accounts, personal godds, etc. They can potentially freeze and seize a bank account. All of this can be stopped by filing bankruptcy. The fact that you didn't file taxes last year is a bar to filing but you can file now and then file bankruptcy. Please feel free to contact me if you have further questions.

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Be wary of lawyers who have the time to answer questions on Avvo ALL day...

I frequently answer questions while I am sitting at home watching TV at night or on the weekends. I find it interesting to read the questions and answers. I also answer questions when I am in court waiting for a hearing to begin. A lot of people have received invaluable advice fromthe lawyers on Avvo and it provides consumers an opportunity to review attorneys before they select one.

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My lawyer turn-in closing brief three days late. How does that effect my case? WC in PA

Although a brief is optional, it is your opportunity to highlight the strength of your evidence. Nonetheless, three days late will have no impact. As far as the potentia;l need for surgery, that may not have that significant of an impact on the mod/susp petition as the petition is based upon your vocational ability at a particular point in time. Good luck.

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I fell and tore some tendons

I practice workers compensation in Pennsylvania and I agree with my colleague above. You cannot sue your employer or the workers compensation carrier. You may be able to sue the doctor for malpractice but only to the extent that the failure to diagnose in a timely fashion caused your injury to be worse tahn it would have been. Either way, you should have a workers compensation attorney review your case to make sure that your rights are protected. There is typically no fee to review your case.

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Where do I get an attorney and any recommendations.

It matters less that you select an attorney in the county where the accident occurs/you live than you select an attorney who is experienced with personal injury matters. Most of the time these case do not go to court and even if they do, you are not paying for your lawyers time as the fees are contingent on the recovery, not hourly.

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Separation or Divorce

There is no such thing as "legal separation" in Pennsylvania. The court will "stay out of your business" as long as the two of you reach a mutual agreement and neither side wishes to change it. I would agree with the my colleague that it is always best for all parties involved to reach an agreement rather than utilizing the court to make a decision for them.

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Should i file chapter 7, 13, or not at all?

Assuming that you are surrendering the house, a bankruptcy probably makes sense. It will discharge any potential deficiency judgment (the judgment when the house is sold for less than the outstanding mortgage). That way, you can start to repair your credit. If you do not file, you will continue to have that judgment on your credit. If you file, it will be discharged. Often, future creditors look more favorably on a bankruptcy then an outstanding judgment if your credit appears clear after...

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What are my rights?

First of all, there are two potential sources for a lump sum settlement. One is the workers compensation case and the other is the third party action against the negligent driver. His attorney should be handling both of these. If you separate prior to the settlement of these claims, the value is speculative but it can still be dealt with in equitable distribution. You may want to gather information as to how much the attorney thinks these cases are worth prior to leaving your husband as...

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