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Francis P Hajek
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Francis Hajek’s Answers

8 total

  • I was injured in an automobile accident in Florida But I am from Virginia, Do I fall under Florida law code?

    The insurance companies are saying that all the injured parties fall under Florida law even though all parties are from Virginia is this true?

    Francis’s Answer

    In personal injury cases, it is usually the case that the law of the place of the accident controls the case. You have a more interesting fact pattern since all the parties are in Virgina. Virginia courts probably have jurisdiction and so you can hire a Virginia lawyer to handle this matter for you. As always, do not wait to hire a lawyer as investigation need to begin and the lawyer can help with every aspect of the case. My Virginia Beach office is on Haygood Rd and we are always available for a free consultation.
    Francis Hajek
    Virginia Beach, Va.
    757-962-9722

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  • What forms and fees for pro see personal injury filing in Virginia

    I have damaged discs, memory loss and chronic pain from a car accident. I originally did not want to go through a lawsuit, but my pain and health costs made me realize that I need to file. I have only 4 days left before the 2 yr statue expires for...

    Francis’s Answer

    I agree with Parker. Since your statue of limitations is about to expire, you do not want to make a mistake that will lead to your case being dismissed. Good Luck

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  • Do we have a case? Is it worth researching?

    My dad was recently diagnosed with pulmonary fibrosis; he worked at a phosphate mining company for around 35 years. He recently had a coworker stop by to see him that he has not seen or spoken to in years. He told his former coworker of his diagn...

    Francis’s Answer

    I am sorry to hear of your father's problems. Given that he was exposed to a dangerous substance while on the job, his injury probably falls under the North Carolina Workmen's Compensation Act. There are specific provisions regarding occupational disease and the requirements for establishing a claim in the WC Act. You need to consult a lawyer who focuses his or her practice in this area of the law and who has experience with occupational diseases.

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  • In North Carolina, what are the typical limits to personal injury coverage? Also, how often do claims go to litigation?

    I am currently completing a project for a class which requires information about

    Francis’s Answer

    Good questions. There are no typical limits of coverage and that is part of what makes this are of the law challenging. To determine what coverage is available,you have to obtain the at fault driver's insurance policy to see what coverage he or she opted to buy. There are minimum requirements set by most states but after that it is up to the purchaser. The only time you can anticipate significant coverage is with commercial vehicles. Companies will usually have a lot of coverage, a million dollars or more. Some areas, like interstate trucking, require million dollar coverage. As to your second question, most cases settle. In my practice, about ten to twenty percent of auto cases are placed in litigation and of those, about twenty five percent actually go to trial. You may want to consult the ABA and AAJ websites to see if they have more detailed statistics. Hope this helps!

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  • My boyfriend was driving my car in PA and another insured driver was cited at fault for totalling my car.My boyfriend suffered a

    unknown internal injury & had to be taken to the ER by an ambulance and undergo many tests and treatment. My car only has the very minimum insurance required by PA, as well as limited tort. He does not own a car, and therefore has no auto insuranc...

    Francis’s Answer

    Your boyfriend needs to consult a lawyer to see what insurance coverage is available for his personal injury claim. How much coverage is available will depend on the language of he policies.

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  • Statue of limitations on medical negliegence leading to wrongful death

    my daughter received a liver transplant in 06, which didn't help and needed to be replaced again so 07 another was done it to failed, we took her out of state and found that the first liver was dead and shouldn't of been used, second was medical n...

    Francis’s Answer

    In order to answer your question, a lawyer will have to look at the medical records. The statute of limitations depends on the which state's law is applicable. It is impossible to tell from the facts you have provided which state's law applies. Good Luck.

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  • May my wife and I sue the hospital for an unauthorized historectomy during a standard c section and tube tieing operaton where

    she began bleeding profusely and had to have 17 liters of blood and several additional operations to correct their mistake. she also had to be put on a ventilator 2 times to enable her to breathe. she was then life flighted to another larger hospi...

    Francis’s Answer

    Medical Malpractice cases are complicated and an answer to your question requires an in depth interview and a review of medical records. If the hysterectomy was not medically necessary and there was no consent, you may want to consult a lawyer in person.

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  • Can I sue for injury?

    I had shoulder surgery a month ago, but today I was in a car accident. We were t-boned on the driver side (other driver was at fault). I was on the driver side in the back seat, my shoulder hit the glass/ door. We were only going about 20mph due...

    Francis’s Answer

    As the victim in a car accident, you have the right to file a claim for all your damages, including pain and suffering. The fact that you do not need another surgery does not bar your claim. It simply means that you had a pre-existing condition, which was aggravated by the accident. Good Luck

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