Skip to main content
Justin P Katz

Justin Katz’s Answers

8 total

  • My car has frame damage from a rear ended collision. Can I get money for loss/diminished value?

    Junior license person hit me from behind resulting in frame damage to a new car to me (2011 porsche) bought used. It can be fixed but there is obvious diminished value. Can I recoup the loss of value now even though I am not selling it now?

    Justin’s Answer

    I am not licensed in MA. Never the less you may be able to make a diminished value claim. We regularly make these claims for our clients in Maryland. It is important to note however, that (at least in MD) You can typically only get compensation for this type of loss 1.) You are involved in an accident and 2.) You are the owner of the car involved and 3.) You are making a claim against the other at fault driver’s policy. It’s important to note that if you are making a claim for property damage under your own collision policy, you will not be able to claim diminished value in Maryland. Other states may have different rules in this respect. I suggest you contact a lawyer directly to get an answer specific to your state. I have written a blog post about diminished value claims in MD previously and you can access it at the attached link. Good luck!

    See question 
  • Should I seek other legal counsel despite Geico providing a lawyer for me in dealing with a personal injury lawsuit against me?

    I was served a year ago for a car accident in VA I was at fault for. Geico provided a lawyer and the deposition date has now been scheduled. I am very nervous since I was hoping the plaintiff would settle out of court, and I wonder if I ...

    Justin’s Answer

    As long as your policy limit exceeds the amount the Plaintiff is suing for, than you have nothing to worry about. Geico will pay any judgment rendered against you according to the terms of your insurance policy contract with them. Recently, I have even seen Geico lawyers in VA trying to vacate judgments for Defendants after they have paid the judgments on their clients behalf so that nothing stays on their record. If you were being sued for more than your policy limit, I think Geico has a duty to advise you of the risk of an excess verdict and only under those circumstances would you need to consider hiring a personal lawyer. You should consult with your Geico attorney and confirm that the amount sued for does not exceed your liability policy limit.

    See question 
  • Is it illegal to open some one elses mail ?

    I live in an appartment and there is a mail room with everyones mail boxes but since my mail box's lock is broken it's easy to lift it and take the mail, but I'm getting it fixed. I happened to be loosing my mail and I found out that one man who l...

    Justin’s Answer

    It is generally a federal offense to open another person's mail if you do so with the requisite mens rea or mental state to know what you are doing. If you did it by accident, then that might be a defense. You should consult with a criminal lawyer. Your conversations with that lawyer should be privileged.

    See question 
  • I was prescribed predisone at a high dose and now i'm having issues with tachycardia

    I went into the er last october with an allergic reaction. the doc prescribed prednisone 60mg twice a day for 2 weeks then after the time period i had a reaction again they thought was due to the predisone and prescribed it again. Since then i've ...

    Justin’s Answer

    • Selected as best answer

    I myself had this problem years ago. You may have a claim against your physician, depending on how long you had the tachycardia and how long it went undiagnosed. Notwithstanding the same, your claim may be limited if there are no permanent harms caused by the tachycardia. Either way, it would be wise to consult with a medical malpractice lawyer for a more detailed consultation.

    See question 
  • In a state where contributory negligence applies (even 1% fault) is there any chance/sense in pursuing premises liability case?

    Even if property owner had structural defect, proven to have been there for some time, and still existing after incident? Is there any retort that could supercede the contribuory negligence argument (i.e., building code/premises violations), lack ...

    Justin’s Answer

    These sound like jury questions. Whether the property owner was negligent may be a jury question depending on several facts. Contributory negligence is similarly usually a question for the jury. Depending on the specific facts of your case, there will be caselaw directly on point which will determine if the victim is contributory negligent as a matter of law, or if the facts are sufficient that the case can be decided by a jury. Without knowing more specifically what your actual facts are, it's not really possible to say. You will need to call a premises liability attorney in Maryland.

    See question 
  • Was I misdiagnosed or was there any medical negligence, was my surgery unecessory before waying all the options.

    I went to see my dr brecause I had a painful lump under csection scar she thought it was scar tissue but to be sure I had an MRI done where she didnt really no what it was but to her she thought she was pretty sure what it was she said she will do...

    Justin’s Answer

    These cases are complicated and require a careful review of relevant medical records. You should consult with an attorney and bring your medical records with you.

    See question 
  • 53 yr old patient admitted for alcohol detox, fractures hip while at hospital and dies 10 days later from complications.

    Progress notes signed by four physicians indicate that he fell in there care two days after admittance while going to the bathroom. State of MD request internal investigation and hospital responds, "Patient did not fall in our care. Patient trie...

    Justin’s Answer

    This is likely a complex medical malpractice and/or premises liability case. Cases of this type, if they end up in litigation may take a year or more to resolve, though each case is unique and resolution time depends on a variety of factors, which cannot be assessed without a detailed investigation of facts. Cases of this type should be handled by an experienced attorney.

    See question 
  • What is the maximum of compensation I can get from a car accident?

    Hi, My wife and I were in a total loss accident two years ago. We did hire an experienced auto accident attorney, we did go to the therapy and the doctors. After my attorney filed the law suit of $100,00 for each case, what we could get is just ...

    Justin’s Answer

    I agree with the previous attorney's response. Each case is unique and it is impossible to determine the unique facts of your case based on your posting alone. Notwithstanding the above, and generally speaking, if all insurance coverage has been exhausted, your only other option would be to file a lawsuit in lieu of settling your case to obtain an excess verdict against the Defendant. In certain limited circumstances, you may be able to obtain a verdict in excess of the available insurance policy and collect against any assets the Defendant has. Additionally, sometimes insurance companies are willing to pay amounts in excess of the Defendant's insurance coverage when an excess verdict has been granted by the court, if the insurance company has acted in bad faith.

    See question