Josh P Tolin’s Answers

Josh P Tolin

Saint Louis Medical Malpractice Attorney.

Contributor Level 19
  1. I pay my adult daughter's car insurance am I liable if she causes a DUI fatality?

    Answered about 1 year ago.

    1. James William Guarnieri Jr.
    2. Marian Audrey Lindquist
    3. Don Paul Harvey
    4. Miguel Amador
    5. Josh P Tolin
    6. ···
    11 lawyer answers

    It sounds like this is a hypothetical question, but no you would not be liable. Could you get sued, possibly, but they would not be successful based on the situation you described.

    21 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My mother recently passed away unexpectedly, and the coroner's report is vague. Should I hire an attorney to contest the COD?

    Answered 12 months ago.

    1. Richard Marc Katz
    2. Mariam Mary Margaryan
    3. Josh P Tolin
    4. David J. McCormick
    5. Sean Cleary
    6. ···
    13 lawyer answers

    If you can get all of your mother's medical records, an experienced malpractice attorney can review and give you his or her opinion. If they think there is something there, then, they can forward to an expert. I don't know CA law, and do not know whether you can sue an HMO or have to sue whoever the liable party is .

    21 lawyers agreed with this answer

  3. I was hit by a car as a pedestrian. I'm offered a settlement for signing a Bodily Injury release. Should I sign or get more $ ?

    Answered 12 months ago.

    1. Richard Andrew Harting
    2. Mariam Mary Margaryan
    3. Briny Adam Woods
    4. S. David Rosenthal Esquire
    5. Roger Stone Reynolds
    6. ···
    16 lawyer answers

    I don't believe any lay person can negotiate a fair settlement amount without counsel. If you go to a doctor for medical problems, why not go to a lawyer for legal problems. What makes our think you have any percentage of fault. Retain counsel immediately if you want full value for claim or lawsuit, if necessary.

    20 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. When filing a personal injury complaint do I include the home owner's insurance company in the defendant list and summons them

    Answered 12 months ago.

    1. Hernando Victor Pineres
    2. Josh P Tolin
    3. Gabriel Dante Mazzitelli
    4. David Ian Schoen
    5. Michael David Myers
    6. ···
    11 lawyer answers

    Just file the case against the defendant. Once the case is filed, if you hire counsel, he or she can amend your complaint if there are any defects or issues with it. You can always send a courtesy copy to the insurance company. I don't, since I have never seen the insurance company do anything which resembles courtesy for my injured clients.

    Selected as best answer

  5. Are motels required to provide phones in the rooms?

    Answered over 1 year ago.

    1. George Costas Andriotis
    2. Josh P Tolin
    3. Kelly Scott Davis
    4. Jeffrey Ira Schwimmer
    5. Judy A. Goldstein
    6. ···
    7 lawyer answers

    I honestly don't know, and would guess not. Assuming the hotel was required to have a phone, with diabetic keto-acidosis, your dad still would have had to be able to call someone on a timely basis for there to be a case. I am so sorry for your loss. It would be a good idea to call does wrongful death cases. lt sounds like a real stretch to make a case based on the facts you provided.

    17 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. With our wrongful death case we are about to settle it can we get the money put in the names of our kids

    Answered 11 months ago.

    1. Wendy Marie Schenk
    2. Jeffrey Mark Adams
    3. C. Donald Briggs III
    4. Christopher John Gansen
    5. James D. Wade
    6. ···
    13 lawyer answers

    The reason no one wants to give you specific advice is that we do not know the specifics of the settlement. Generally personal injury settlements and wrongful death settlements are not taxable. However compensation for lost wages is taxable. Your attorney is in the best position to answer your question. Once the check is cut to you, if you wish to put it in your children's names that is up to you. You may want to speak to your tax attorney or accountant, because any "gift" over $10,000 is...

    17 lawyers agreed with this answer

  7. My daughter broke her elbow as she was coming down from a park playground equipment.

    Answered about 1 year ago.

    1. Jonathan D. Singer
    2. Raymond Andrew Grimes
    3. Patrick X Amoresano
    4. Josh P Tolin
    5. John Robert Gorman
    6. ···
    13 lawyer answers

    You have to have liability for the county or municipality to pay. More than likely they have insurance or are self-insured up to a certain amount, but how and why are they liable? If there are more facts you did not put in your question, please edit.

    16 lawyers agreed with this answer

  8. Can I file a claim with insurance company?

    Answered about 1 year ago.

    1. David J. McCormick
    2. Collin J. Earl
    3. C. Donald Briggs III
    4. Tricia Dwyer
    5. Jeremy Judson Cobb
    6. ···
    9 lawyer answers

    If you maintained full coverage on your vehicle you would have uninsured motorist coverage, and that may be your only viable chance of recovery. While you can sue the lady, if she had no coverage, any judgment against her might be difficult to collect on, unless she is employed. Even then, she could file a bankruptcy if you got a judgment against her. Discuss with a local personal injury attorney.

    16 lawyers agreed with this answer

  9. What's the average settlement amount for a slip and fall at Walmart and does atty have to get your permission before settling?

    Answered about 1 year ago.

    1. Alan Ray Barnes
    2. Manuel Alzamora Juarez
    3. Eugene Andre Ahtirski
    4. Christopher John Gansen
    5. Daniel Nelson Deasy
    6. ···
    14 lawyer answers

    There must have been a good reason you hired your attorney. You should be relying on his or her advice and not listening to your friend who works in the insurance industry. There is no such thing as "free" money. There must be liability for the store to be willing to pay. Walmart does not pay nuisance value for any claim, especially for unrepresented people. Let your attorney do their job, and yes, as the client, you have final authority to accept or reject any settlement offer.

    16 lawyers agreed with this answer

  10. Can I sue for my daughter's death involving the hospital?

    Answered 11 months ago.

    1. Spencer Edward Farris
    2. Josh P Tolin
    3. Mark Dean
    4. David Herman Hirsch
    5. James Otto Heiting
    6. ···
    10 lawyer answers

    My condolences for your loss. I am curious as to whether there was any fetal heart monitoring or non-stress testing done before your admission to the hospital. That would be important to know. I am wondering whether this was a high risk pregnancy. I would discuss this with an experienced malpractice attorney, and obtain records ( with audits in Missouri), all fetal tracings, and any ultrasounds or imaging. As a parent, under Missouri wrongful death laws you are entitled to sue. Your statute is...

    14 lawyers agreed with this answer