David Mark Kupsky’s Answers

David Mark Kupsky

Marietta Commercial Real Estate Attorney.

Contributor Level 10
  1. I rear ended someone and the other guy didn't want to file a report because his car wasnt damaged and he was fine?

    Answered over 1 year ago.

    1. Stephen Laurence Hoffman
    2. Scott J. Corwin
    3. Kevin Coluccio
    4. David Mark Kupsky
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    In all likelihood, under the terms of your liability insurance, you have the duty to report an incident to your carrier. Failure to adhere to the requirements of your policy could have adverse consequences for you. I am not an attorney in Illinois so I can not say for sure, but you might have a legal duty to disclose your policy information where there has been an auto impact.

    19 lawyers agreed with this answer

  2. I want to settle and my lawyer keeps trying to talk me out of it, what do I do? I have already told the attorney twice I want to

    Answered over 1 year ago.

    1. David Mark Kupsky
    2. Scott Douglas Camassar
    3. Kenneth Lee LaBore
    4. Joanne Reisman
    5. Andrew Michael Korduba
    6. ···
    11 lawyer answers

    Both of the previous responses are correct as you do control whether you accept any offer. Settlement is a product of your confidence in your attorney's advice and your risk tolerance.

    10 lawyers agreed with this answer

  3. Can I file a complaint against a doctor if I have a open worker's comp claim?

    Answered 8 months ago.

    1. Roger C. Wilson
    2. Elizabeth Ann Gearhart
    3. Nedim Ramic
    4. John L. Schroeder
    5. Philip Anthony Fabiano
    6. ···
    9 lawyer answers

    The fact of a misdiagnosis does not necessarily give you a viable medical malpractice claim. Such claims are comprised of a clear deviation from the standard required of the physician and a causal connection to real damages. The existence of a deviation must be established by a medical practitioner in the same area of medicine as the physician who might have been negligent. It would be advisable to speak with an attorney who is well schooled in such matters. I have handled many medical...

    8 lawyers agreed with this answer

  4. My son's pediatrician provided us wrong medical advise on his bed wetting...is this malpractice?

    Answered over 1 year ago.

    1. David Mark Kupsky
    2. Christian K. Lassen II
    3. Jonathan P. Sexton
    3 lawyer answers

    Malpractice is defined as an act or inaction on the part of the physician which deviated from the standard of care adhered to by practitioners in the same discipline where the deviation proximately caused damage. The determination of whether the facts in your son's case constitutes cannot be made by a lawyer - only by a physician with appropriate expertise in the sake discipline. An expert physician would need to review all the pertinent facts and records and make the call.

    Selected as best answer

  5. If my insurer does not want to settle with the plaintiff, can I refuse going to trial?

    Answered over 1 year ago.

    1. Jayson Lutzky
    2. David Mark Kupsky
    3. Jeffrey Bruce Gold
    4. Scott Douglas Camassar
    5. Gregory Scott Gennarelli
    6. ···
    6 lawyer answers

    I do not practice in NY, so you need to consult a local attorney. In most states, if a liability carrier fails to settle claims within policy limits and you can show that the failure to do so was in bad faith, you may have a claim against the insurer. You do not control whether a case goes to trial if not settled however.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can I add a coke commercial to my video program without permissin

    Answered over 1 year ago.

    1. David Mark Kupsky
    2. Bruce E. Burdick
    3. James Juo
    4. Hillary Johns
    4 lawyer answers

    The simple answer in "no". You may not use another's trademark, copyright or image for a commercial purpose without permission, which in most instances means having entered into an agreement with the owner of the interest.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. My Brother was in an accident, lost control flipped car broke back . No other car involved. . Does one sue his own ins. co.?

    Answered about 1 year ago.

    1. David Mark Kupsky
    2. Christian K. Lassen II
    3. Troy Windel Marsh Jr.
    4. Neil William Putnam
    5. Blake Jelks Smith
    6. ···
    7 lawyer answers

    Depending upon the coverages in his auto insurance policy, your brother might be entitled to recover damages to the car and for some increment of medical expenses. The liability portion of his own policy would not be applicable to his own injuries.

    5 lawyers agreed with this answer

  8. Understanding and interpreting a will.

    Answered over 1 year ago.

    1. Mark Schaefer
    2. Glen Edward Ashman
    3. David Mark Kupsky
    4. Darrell Brinnett Reynolds Sr.
    5. Robert M. Gardner Jr.
    5 lawyer answers

    The answer to you question depends upon the language in your brother's will. Given your characterization of the will, it is likely that the heirs of the deceased brothers and sisters share in the property.

    5 lawyers agreed with this answer

  9. Can I sue a drunk driver who totaled my car?

    Answered over 1 year ago.

    1. T. Michael Flinn
    2. Todd Robert Henningsen
    3. Jeffrey Allen Childers
    4. Jonathan P. Sexton
    5. Glen Edward Ashman
    6. ···
    9 lawyer answers

    You are entitled to the fair market value for the vehicle. You might be entitled to punitive damages. You do have a potentially problematic issue if you settle with the insurance company without guidance on the release document the insurance carrier will send you. You should consult an attorney prior to agreeing to any settlement with the insurer.

    5 lawyers agreed with this answer

  10. File emotions for speedy trial means?

    Answered over 1 year ago.

    1. Evan Edward Pierce-Jones
    2. Macy Michelle Jaggers
    3. David Mark Kupsky
    4. Robert Bruce Kopelson
    5. Don Karotkin
    5 lawyer answers

    In the criminal courts, a motion for a speedy trial is used to require the prosecution to try the case in an expeditious manner in accordance with US Constitutional and state procedural standards.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful