The question of fault or negligence is for a jury and is not determined by whether an officer issues a citation or not. The passenger could sue you, however, would have to prove that you were negligent and as a result of your negligence he/she suffered an injury. The lawyer would hopefully not sue you if the injuries are minimal and if he/she does not believe they could prove you were negligent. If you are served with a complaint contact your insurance carrier as they will likely defend any...
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You may have a cause of action against the camp for negligence depending on certain facts. You would have to prove that the camp breached a duty of care, and a result of that breach caused your son's injuries. The duty will depend on your state's statutes, however, would likely be that of reasonable care. The camp would likely claim that it was an accident and that there was nothing they could have done to prevent it. The camp also may have complete protection from suit depending on the...
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He certainly can seek damages in a civil lawsuit, however, his chance of recovery would depend on certain facts. His most plausible cause of action would be for negligence, however, he would have to establish that the jail breached a duty owed to him, and as a result of that breach he suffered damages. Unless Texas law provides for a higher duty for jails to provide certain care for inmates, then the duty is that of reasonable care. If this happened in the middle of the night then four-five...
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I would certainly recommend you consult with a local personal injury attorney for free who can best advise you how to proceed. However, unless your mother's cousin has money or assets, or unless there is insurance coverage, then there may be no way to collect any potential settlement or judgment. Furthermore, unless it was your mother's cousin who committed the battery you may be limited in your potential causes of action depending on your state's statutes.
I would certainly suggest you contact a local personal injury lawyer who should be able to consult with you for free and can advise you how to proceed. Obviously the ambulance companies insurance adjuster, no matter how nice, is not looking out for your best interests.
If the owner is sincere and is paying you a satisfactory amount then you may be okay, however, you need to be aware that different jurisidictions have different statutes of limitations in which you can file suit. Although a lawyer may take a percentage of your recovery, he/she can best advise you as to the full value of your case and can protect your rights by timely filing suit, furthermore, the dog's owner may have insurance coverage available and may be able to make a claim for benefits. I...
Based upon the facts as you have laid them out, it does not appear that the release would be enforceable. Given her age and condition I would suggest see seek a local personal injury attorney as soon as possible who should consult with her for free (in office, home, or hospital), review the release and facts, and can advise her how to proceed.
They will be served with a copy of the complaint once it is filed and I would let your attorney handle everything in regards to the lawsuit, or if you are proceeding pro se I would suggest that all communications be in writing to avoid potential problems throughout the litigation.
A "typical" slip and fall case may take 1-2 years to bring to trial, however, every case is different. If your mother had serious injuries, required surgery, or if there was some other unique situation involving her or the defendant then it can take much longer. If the defendant was involved in bankruptcy, those cases are usually stayed, sometimes for many years, until the bankruptcy is resolved. If your mother had a serious injury then the attorney may have been waiting for her to achieve...
It may depend on the terms of the agreement between the prime and sub contractor, however, most construction contracts are silent as to this. Assuming the contract has no provision, then it is normal and commonplace for an owner or a general contractor to "request" certain actions of a sub-contractors' employee. It would be advisable to "request" any disciplinary action through the correct channel, presumably the project manager for the sub-contractor, however, requesting action is different...