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David Weissman
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David Weissman’s Answers

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  • Personal Injury Case Can i hire a lawyer now?

    I had a an accident and it was clearly other party's fault and i sent a demand letter to insurance company and now they are offering me very very low amount. I have had several phone conversations with them and i am really not happy with the ...

    David’s Answer

    You not only can but should. For a variety of reasons, it is never a good idea to try to handle a case on your own, just like it would not be a good idea for me to try to fix my own plumbing. I have attached a couple of links to blog entries that will explain in detail why you need a lawyer and how to pick one. With the right lawyer, I trust things will work out fine. I hope you feel better.
    http://www.hollinslegal.com/2013/10/07/how-to-pick-car-accident-lawyer/
    http://www.hollinslegal.com/2013/10/14/5-things-to-do-injured-in-car-accident/

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  • I was rearended by a woman who had no driver license at the time she said she left them home.she went to jail .

    The car she was driving was her mother-in-laws car and she had liability on her car.But the driver told police another car ran her into my car.But the only damage was to the front of her car where she hit me.The insurance company denied my claim b...

    David’s Answer

    There are a number of interesting issues you raise. The scenario involves questions of uninsured motorists, phantom vehicles, permissive users and liability. In short, it is not the routine rear end collision. Unfortunately, a thorough response requires more space than I have here.

    Find a qualified personal injury attorney in your area and get a consultation.

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  • Any suggestions to find an attorney willing to take a "small" PI case in Nashville/Smyrna/Murfreesboro, Tennessee?

    We were in an accident that totaled our car. The other driver was a fault, but quickly changed his story (he ran a red light, we hit him, he now claims we ran the light. No witnesses, no traffic cameras). The police report notes him at fault fo...

    David’s Answer

    It would be almost impossible for an attorney to determine whether to take a case based on this little information. However, most attorneys, myself included, will offer free consults to discuss your claim in detail. I would note, as an aside, that you need not characterize your case as small. I am quite certain it is not small to you. If an attorney agrees to represent you, he should treat your claim with the same level of diligence as he would any other claim.

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  • My car was hit by a fire truck while I was driving down the road do I have a lawsuit?

    I was driving down the road on my side of the road when a fire truck came driving down the other side and tried to turn into the fire station (No emergancy lights were on it was an off duty fire truck) when they turned to wide and hit the back end...

    David’s Answer

    I would add only one thing to the other responses. When retaining an attorney, time is of the essence. The sooner you do it, the better. Make sure you thoroughly vet the potential attorney in terms of expertise and experience. You may likely want to interview a couple to make sure you find a good fit.

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  • A truck hauling road equiptment hit me from behind totaling out my car and injurying my back. Should I accept their offer.

    When it happened I was turning in my driveway. I have not been able to work since it happened

    David’s Answer

    It is impossible to give you a good answer to this question in light of the information included. However, you should never resolve a claim until you know the extent of your injuries. Further, in light of the serious nature of this incident, you certainly should consult with an attorney. Almost all personal injury attorneys will meet with you without charge or obligation. In doing so, you will be able to get a good understanding as to what is involved with this type of claim. In the meantime, do not give any statements to the insurance company represenatives until you speak to an attorney.

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  • Accident involving uninsured motorist,

    Yesterday my wife was pulling out across road from side street as another larger diesel truck was turning into side street.There were no other cars in sight as she got halfway across, a car hidden right behind the truck swung out to pass around le...

    David’s Answer

    There are laws in Tennessee governing all of the aspects of this collision. The key here will be to analyze the facts and render a decision on how to best apply them to your case, so as to enable recovery from your uninsured motorist carrier. This is extremely fact specific. As such, your best bet is to contact a lawyer immediately.

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  • I was in an accident in december 2011 and a car hit us and it damaged my eye i now cn not see out my right eye and eye surgery

    How much money should i get on a settlement with lawyer ?

    David’s Answer

    Based on the information you have provided, it is impossible to answer your question specifically. However, generically, the primary elements to consider in determining the value of this type of case are the cost for both past and future medical care required, past lost wages suffered and any future wage loss, and pain and suffering. Additionally, if you are married, your spouse likely has a loss of consortium claim. This is all fact specific and definitely requires a consultation with an attorney well versed in personal injury. In your case, the most important issue you are facing in the short term is the rapidly approaching statute of limitations. In the event you do not resolve your case or file a lawsuit within one year of the date of incident, your claim will be forever barred. Please consult with an attorney immediately.

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  • I want to determine what the insurance adjuster is offering is low ball or not. My daughter was in 2 car accidents within 2 day

    She was a passenger in both accidents. 1st accident they were rearended, had chest contusion from airbag and neck sprain. 2 days later she was riding with another friend and her friend driving slammed into the back of a truck. Front of car smas...

    David’s Answer

    While it is difficult to evaluate a claim without all information, I can generally answer that I truly believe adjusters will always lowball unrepresented plaintiffs. Having two incidents back to back results in some level of complication in evaluating the claim. That being said, you should not resolve this claim without consulting with a qualified personal injury attorney. If a lawyer evaluates the claim and determines the offer to be appropriate, he or she would likely not take the case and simply tell you to settle. I doubt you will find that to be the case here.

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  • Should I hire an attorney?

    I was involved in a car accident in June of this year. The other driver failed to yield turning left on a green light and slammed into the drivers side of my vehicle. The hit completely spun my car around and cause $4000 worth of damage. The day f...

    David’s Answer

    The simple answer is yes. You are likely to have a permanent injury that will impact you for the rest of your life. You need to have a complete understanding of all aspects of your claim, not just monetary but medical as well, to make appropriate, very significant decisions.

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  • Slipped in water in bathroom at Target. Do I need Attorney and how much can I sue for?

    In June 2012 I went to Target and had to use the restroom as I was leaving the stall going to the sink to wash my hands I slipped in water I am assuming is water at that time I felt a pop in my knee, so after limping from the bathroom I told an em...

    David’s Answer

    Incidents such as the one you describe are extremely fact specific. I agree other responses that indicate they are very challenging. As such, it is almost impossible to give you a reasonable evaluation based on the information included. You need to meet with an attorney and describe the incident fully. In the meantime, do not give any statements to people from Target.

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