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Ben Frank Abbott

Ben Abbott’s Answers

49 total


  • What do I do when injured from a purchase at a fast-food restaurant ?

    I broke a crowned tooth on a foreign object in a sandwich.

    Ben’s Answer

    This is a good case. The law is that if there is a naturally occurring object, there is no liability. An instance of a naturally occurring object is a chicken bone that is in a chicken nugget or a cherry pit that is in a piece of cherry pie

    If you have a case where there is a piece of metal or a piece of glass in a chicken nugget or cherry pie then there is liability.

    You will need to hire a lawyer because these cases are rarely if ever settle without a fight.

    It is important to hire a lord that lives in your area that can file in court in your area. It is very important to fire a lawyer who has tried cases to a jury verdict and has won.

    There is a separate method of recovery for your medical bills, some restaurants carry what is called medical payments coverage. This will pay your dentist and other medical bills for a sum of up to $2500, $5000, or even as much as $10,000. Paragraph the matter what you do get on this right away and keep all your records photographs your receipt And especially the object of broke your tooth

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  • What can I do to proceed with my case? Can I contact the other insured and his insurance to try to settle my case?

    I have an attorney who has not returned any of my phone calls, fail to reach out to me concerning my case and has failed to provide me with a copy of my file and other original documents. I have made a personal visit to the office and her assistan...

    Ben’s Answer

    If you want to change lawyers, that's easy. The lawyers will work out payment among themselves. Your new attorney will need to file a lawsuit before the two-year anniversary of your accident.

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  • Policy Limits with at-faults Ins and your insurance..?

    If the at-faults insurance has only a 30/60 policy limit, and your injuries exceed this amount I heard you can also use your own insurance for UIM to recover morer monies but how can you collect off both policy Limits ...? and do you have to wait ...

    Ben’s Answer

    First you send a demand to the liability insurance company for them to tender $30,000 on behalf of the defendant. Once they offered that settlement amount, you will need to request the uninsured motorist carrier's consent to settle. Once the luninsured motorist insurance gives you consent to settle, you can accept the $30,000 of liability tendered by the liability defendants insurance company. Then you send a demand letter to the uninsured motorist carrier. If they accept your offer of a settlement for policy limits they too will also offer $30,000

    In other words you accept the $30,000 from the liability defendants insurance company, then you accept $30,000 from your own uninsured motorist company.

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  • What can be done in a personal injury case if the defendants file for bankruptcy w/o filing a claim with their insurance co.?

    I managed a nightclub that had armed security. I had escorted a man outside who was no longer permitted in the club because he was a known drug dealer. Once outside, I told the guard to keep him and his cousin (who had been waiting outside) off th...

    Ben’s Answer

    You sue them. They move to stay. You move to lift stay and the case goes forward to trial. Happens all the time. Call me Monday. 972 739 6445

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  • Are there any lawyers in Dallas willing to help me file a personal injury case close to the 2 year sol deadline?

    You can read about the details of my case by reading the previous question. I just need to find representation that can help me file by the sol. Afterwards won't we have several months (time) to put together the innards of the case?

    Ben’s Answer

    No problem
    Call me at 972 739 6445 and I'll get it filed tomorrow. Call after 1030. I'll be in court before then.

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  • What's the most important thing to look for when hiring a personal injury attorney?

    I'm going to need to hire a personal injury attorney, and was wondering what the best thing to look for it, to make sure I'm getting a good one. .

    Ben’s Answer

    The ability to try a case to a jury verdict and to win you a lot of money.

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  • My Brother was in an Auto/Pedestrian Accident. Pedestrian was At Fault. Ped died 28 days later. Now Parent suing. Ped was 37.

    Ped was hit standing in traveling lane. Brother was doing the speed limit. Two witnesses verified this on Police Report. One witness stated Ped had 30% hearing. Ped wore Eye Patch on Rt Eye. I think that the Ped was cited, as my brother was NOT. P...

    Ben’s Answer

    We have handled several cases like this. Although you may not believe your brother to be at fault for this accident, because the damages are so severe, there is a chance that a jury could find your brother negligent. You will need to let the lawyer that the insurance company hired for you to answer these questions. Even though your insurance company paid for the attorney, this is your attorney and he owes his duty of loyalty to you.

    Sometimes, individuals do in fact get a second attorney to make sure that the attorney hired by the insurance company is adequately protecting you. Here, you may want to consider that.

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  • Speeding traffic ticket in Farmer's Branch, Texas

    One of my friend's got a speeding traffic ticket a few days ago in Farmer's Branch, TX. Just a about month earlier she received a speeding ticket in a different city in Texas in Irving, TX and received deferred disposition for it. It was deferred ...

    Ben’s Answer

    your best bet is to hire attorney Randy Stevens at John Giofreddi's office. (214) 739-4515. This is who we refer all our our traffic ticket cases to.

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  • Is there a way to get parent's consent in 18-15yr old sexual contact?

    My son turns 18 in April. His girlfriend is 14 until June. Is there a paper parents can sign giving consent, if there are witnesses that she was not coerced? I would be willing to get a lawyer. Just telling them to break up is not going to fi...

    Ben’s Answer

    Watch out you are on the wrong track
    This conduct is very illegal and is heavily prosecuted and sentenced. A sentence includes lifelong sex offender reporting. He needs to find someone his own age Possibly this could be legal if he marries her with parental consent.

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  • Officer put wrong expiration year of my license on a speeding ticket. what can i do?

    A few days ago I received a speeding ticket in Texas and the officer put the wrong year that my license expired. She forgot to look at the back of my drivers license to see the sticker on the back that states it expires in 2012. The front of my dr...

    Ben’s Answer

    We refer all of our traffic ticket cases to Randy Stevens at John gioffredi's office. I would call their office and let them take care of it. Money well spent. 214 739 4515

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