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Irwin R Kramer

Irwin Kramer’s Answers

73 total


  • Got into an accident today(head on collision). the car was totaled. all the air bags came off. she will have a surger on her leg

    My wife was driving home on the left lane to day from work when a driver on the right lane moved over and hit my car(head on collision). According to what the police report said,the driver was speeding and possibly lost control. but when i got to ...

    Irwin’s Answer

    You can probably tell by all the lawyers clamoring to answer your question that you do likely have a case here.

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  • Can I sue someone who hit my dog?

    It was dark at night. My dog was unleashed and a car hit it when it was running across the street. The car was over the speed limit. The dog suffered a spinal injury. I am in Maryland. The owner refuses to pay compensation for the dog and their ca...

    Irwin’s Answer

    This is precisely why we have leash laws in this State.

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  • Can i sue the person who took responsibility for my sons death?

    My son died from an accidental drug overdose in 2013. The person who supplied the drug took responsibility for his death in federal court. I was wondering if I had a case for a wrongful death litigation? Thank you for your time.

    Irwin’s Answer

    The formula is as follows:

    merits - money = a meritorious, but worthless case

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  • If I submit to the Court, lender/servicer documents which were sent to the party testifying, it should not be hearsay.

    A document says what it says and the party being foreclosed on (defendant) should be able to depend on what it says. He (defendant) could identify the document as being received by him. There is a certain amount of reasonableness that needs to be ...

    Irwin’s Answer

    It all depends on the reasons for your submission and the status of the parties.

    If the lender is an adverse party, a statement made by the lender may be used against the lender as an "admission by party opponent." This would not be considered inadmissible hearsay. Similarly, "out of court statements" in contracts or similar documents that affect the rights of the parties may be considered "verbal acts" and exempt from hearsay objections.

    To be sure, there are many attorneys who do not have a clear understanding of the intricacies of the hearsay rule and, sadly, there are many judges who also fall into that category.

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  • Hearsay in Court

    If a person testifies in Court about documents that he received from a lender on the lender's letterhead ... is that hearsay? To me the document was addressed to the person and it says what it says in plain english. How can that be hearsay. In a ...

    Irwin’s Answer

    If the lender is an adverse party, a statement made by the lender may be used against the lender as an "admission by party opponent." This would not be considered inadmissible hearsay. Similarly, "out of court statements" in contracts or similar documents that affect the rights of the parties may be considered "verbal acts" and exempt from hearsay objections.

    To be sure, there are many attorneys who do not have a clear understanding of the intricacies of the hearsay rule and, sadly, there are many judges who also fall into that category.

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  • Witness and attorney....are they the same?

    We signed a contract (after marriage)in a law office,that was witnessed by the same attorney.Would this contract be of any value,since we had the same "witness". As the issue of seperation is coming up,and the contract states nothing will be par...

    Irwin’s Answer

    I do not see a problem with the attorney testifying that each of your signed the document in his or her presence. But, as this would not appear to be a fact in dispute, the testimony to that effect may not even be necessary.

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  • Do i need to get an attorney to fight this ?

    i have insurance on my wifes car (which is in my name) through one company and insurance on mine through another company.well the other day my wife backed into my car and damaged it.minimal damage to her car . she called her insurance company and ...

    Irwin’s Answer

    If the carriers give you difficulty, you may wish to contact your state's insurance commissioner for assistance. I am providing a link to a video that addresses this issue.

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  • My 20 year old step daughter caused a car accident & had no insurance. Can we be held liable?

    She is 20 years old, car is titled in her mother's name. She had insurance at one time, but stopped paying and they canceled it. She had expired tags and an invalid driver's license. Since she moved in with us approx 1 week prior to the acciden...

    Irwin’s Answer

    In most states, parent, just by the accident of birth alone, will not be held liable. But there are instances where the owner of the car, parent or not, may be held responsible. Although the ultimate answer will depend upon the specific facts and upon the specifics of your state's laws, there are instances in which the owner of a vehicle may be held liable for negligently entrusting a car to one who should not be driving. Additionally, a few states have laws on the books which hold owners liable for the negligence of anyone they let use their cars -- even in the absence of "negligent entrustment." Absent either scenario, the owner may be liable if the driver was doing a chore for, running an errand for, or otherwise acting as the agent for the owner of the car.

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  • What will happen now? What should i do?

    I received a pbj for a dui and was sentenced to unsupervised probation. I was convicted of underage alcohol possesion about 8 months in. I also was convicted of possesion of paraphrenelia soon after but the judge gave me a pbj.

    Irwin’s Answer

    Much depends upon any terms associated with the probation before judgment. In many cases, nothing will happen to you for the prior DUI charge, but you will not likely get the benefit of a PBJ on future charges.

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  • Someone hit my car I got their information but they are not answering the calls from the insurance company what should I do?

    My car was parked at the store when someone backed into it. They stayed and I did get their information and called the insurance company. When I called the insurance company back they told me that they could'nt get in touch with the other individu...

    Irwin’s Answer

    You forgot to do one thing that is simple and highly effective: Write a letter. While insurance companies respond to phone calls all the time, and it is unusual for them to reply in this unhelpful manner, they won't let it drop if you have documented the call and put all of it in writing, sent both first class mail and certified. Then, if they fail to respond, they'll be opening themselves up to legal sanctions imposed by the Insurance Commissioner.

    Generally, there are two approaches to getting an insurance carrier's attention and triggering action:

    1. Retain counsel - if injuries are involved and you are not at fault, go on to Avvo and research lawyers who handle such cases in your area. It should not be difficult to find someone to handle all of these headaches for you and help you reach your ultimate objectives. NEVER attempt to settle a personal injury claim without a lawyer, unless, of course, you actually LIKE to be taken advantage of; or

    2. Register a Complaint with the Maryland Insurance Administration - it is unusual to receive no response from a carrier after calling them, but virtually unheard of after WRITING to them. If they still fail to respond, write a second letter to the Administration enclosing the first and watch how fast you get some service!

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