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Mark Christopher Wolfe
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Mark Wolfe’s Answers

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  • Is the truck stop responsible for the difference in what I used to make and what I make now?

    In December of 2015, I slipped and fell at a truck stop in KY after fueling. This resulted in a torn rotator cup and me being placed on light duty until it heels completely. My pay has been by almost half.

    Mark’s Answer

    Maybe. Even though you are the victim, you carry the burden of proof to show that the premise owner's negligence caused your fall AND injuries. If that can be done then you would be able to claim your loss of earnings as part of your damages along with medical bills, co-pays, pain & suffering, etc. If I recall, Kentucky is a comparative negligence State so any damages you might be entitled to claim can be reduced or diminished if your own carelessness contributed to the fall. I would suggest a free consultation with a lawyer in your area to first discuss the facts surrounding the fall and then if he or she feels you may have a viable claim or case, they can help you locate any atty in Kentucky...if one is needed. Hope your injury recovery goes well.

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  • Trying to find out if there was a life insurance policy for her throw general motors / uaw

    Mother passed away and she was getting my father benefits from gm .

    Mark’s Answer

    Sorry for your loss. If she was getting your father's benefits threw GM/UAW you should be able to contact the personnel mgr at the GM location or his union rep to find out if she had any life insurance benefits. I'm also including a link to our life insurance resource center. It has links to an article on how to locate life insurance policies that may be helpful.

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  • Can my son's dad make me his beneficiary even if he's married to someone else?

    I had a relationship with a separated but married man for 7 years and we now have a 19 month old son (his wife lives in another city so she doesn't know about me or our son but his family knows everything and accepts me and my son ). We stopped th...

    Mark’s Answer

    Yes. A person can name anyone they chose as beneficiary. Life insurance proceeds pass outside the decedents estate and are not subject to the debts of the deceased. However, if he passes away and his wife finds out she can try to block payment of the benefits. The more documentation you have to support the claim the easier it will be for the insurance company to pay you the benefits. Ask him to provide you with a copy of the application and policy # so you can verify that you are indeed the beneficiary and so you'll have a copy if it is needed to provide to the insurance company. Also, you may want to confirm to him in an e-mail or in writing his intent to make you the beneficiary to help support your child. For more info about life insurance claims and policies, please visit the resource center link.

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  • Can I sue because I didn't signed a release and my injuries are worst than before?

    I was involved in a car accident which I was not at fault. My insurance company fronted the money for the at fault drivers insurance company. I received the settlement money without signing the release.

    Mark’s Answer

    Your question is probably too complex for this forum. I encourage you to consult with an attorney as soon as possible. Atty Jon Lewis, who previously responded, is in your area and a very experienced personal injury attorney. Good luck and prayers for a good recovery from your injury.

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  • Can an Alabama insurer without subrogation rights, opt out of a UIM claim and represent the uninsured bankrupt tortfeasor?

    I was involved in a Motor Vehicle Accident in Alabama, and the at fault defendant did not have insurance. The Tortfeasor filed Chapter 7 Bankruptcy. My UIM insurance company (USAA) filed a cross claim against the Tortfeasor, but the filing was n...

    Mark’s Answer

    Yes, Alabama law allows them to do this. It sucks but that's the law and it was recently confirmed in an appellate case. If you are handling this matter without an attorney, get one and if you already have one....

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  • How do I find information and file a claim against someone's court mandated insurance

    I was in a wreck on Thursday. I was hit from behind on the interstate. I was told by my insurance company to wait until the police report came out and file the claim through his insurance company. The police report said that his insurance is Alaba...

    Mark’s Answer

    Send the at-fault driver a letter letting him know that you have not heard from his insurance company and ask him to contact them so you can start a claim. Date the letter and keep a copy for your records. DO NOT worry about sending it Certified Mail, which can be refused or go weeks before being returned "unclaimed." If this goes without response for two weeks then you may want to use your collision coverage and let your insurance company go after him to get the property damage and deductible back. you may also want to consult with an experienced auto-crash atty for more info . I'm including a link to our web site which has a resource page that will also be helpful. Good luck.

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  • Can I be financially liable if my 85 yr old disabled mother is sued because her auto insurance claimed "act of God"

    My mother had a stroke while driving which caused an accident. no injuries reported by other party at scene of accident. mother's insurance says they are not liable because a stroke is considered an "act of God" . The other party's ins wont pay f...

    Mark’s Answer

    First, if a lawsuit is filed against your mother her insurance company owes her a lawyer to defend the claim. If she is found negligent then they would owe for damages up to her Bodily Injury limits. Yes, sudden medical emergency is a defense to the claim against your mother and her lawyer will assert this on her behalf. DO NOT have her sign something saying it is her fault. Unless she was on an errand mission or assignment for you, then no liability will attach to you even if she is determined to be at fault. Relax. Just make sure her insurance company is notified if your mother is served with a lawsuit. More info on defenses to claims can be found in the MVC resource page of our web site, Hope this helps,

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  • Is the statute of limitations tolled in Alabama worker's compensation cases where fraud can be proven?

    I received a PTD Order from the Mobile County Circuit Court in 1991 regarding a work comp case. The legal conclusions reached by the Court to favor the Defendant was based on fraudulent information provided by their medical expert. It wasn't until...

    Mark’s Answer

    You indicate your received a PTD order from the Court. I assume PTD = Permanent Total Disability. A finding of PTD is the highest rating you can get under Ala workers comp law so I'm not sure you would have a claim for any "lost" benefits based upon the alleged fraud. Also under Alabama law it is very difficult to get around the SOL even under a concealment theory. Please consider consulting with an attorney about this situation.

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  • My father had a life ins policy through the va. I was the benificiary until his live in woman thought she should be do I fight.

    he lived with this woman for years. Done anything she wanted she even talked him into not coming to see his children and would not let them stay at her home. She refused to marry him because she would lose her check from first husband so my f...

    Mark’s Answer

    If your father willing and without undue duress or influence changed the beneficiary of the life insurance policy, then there is probably little that you can do about it. If you think she forged his signature to change beneficiary or some how fraudulently got him to do so, then you may be able to fight it. However, if this is the case, you need to consult with lawyer in your area asap so steps can be taken to prevent the life insurance company from making the pay-out. Also, keep in my mind you would carry the burden of proving any such allegation which could be very difficult.

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  • Accident settlement-Separated from husband, now he thinks he will be entitled to some of my settlement

    I was rear-ended by a VERY intoxicated driver on August 30th, my soon to be ex husband was actually incarcerated at the time about 3 hours away from me. We separated on August 3rd. Now he seems to think he will be entitled to half of my settlement...

    Mark’s Answer

    Under Ala law the spouse of a wrongfully injured person also has a claim for damages. That claim is known as a loss of consortium claim and includes an interruption in marital services and relations. It would appear that your soon to be ex-husband would have a hard time proving a claim for loss of consortium; however, many times an insurance company is going to want the spouse's signature on the release so as to avoid or close out any possible future consortium claim. Also, under Ala law, a loss of consortium claim is known as a derivative claim in that it is derived from your injury. This means any money paid towards his loss of consortium claim comes out of the insurance money allocated for your claim. Finally, if your claim warrants the policy limits of the at-fault driver's liability coverage, you may also be able to access additional benefits under the Underinsured Motorist Coverage your own auto-policy. Accessing UIM benefits gets too complex for this forum, just know you can void UIM benefits if you do not follow a prescribed protocol. I would suggest a consultation with an experienced auto-crash atty in your area. Good luck and I've included a link to a web site that has more auto-crash resources and information.

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