Steven Mark Sweat's Answers

Truck accidant

This is a judgment call on the attorney's part. You should ask your attorney whether or not he submitted a settlement demand prior to filing suit and, if not, why not. It may be that he thinks the case will not settle for full value unless he has the pressure of pending litigation. Big rigs usually have substantial insurance coverage (usually $2Million) for bodily injury claims. If your injuries are significant, the case would have significant value and it may be that your attorney is...

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Is an automobile lien holder liable in an auto accident?

Probably not. You would have to either be the registered owner or the driver to be liable.

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Do I have to reimburse my insurance company for the medpay if I receive settlement from at fault insurance?

Every auto insurance carrier has a provision in their policy requiring reimbursement for med pay payments in the event that you receive recovery from the at fault party. This is usually subject to a "made whole" rule (i.e. that you must receive enough compensation from the settlement to pay for all present and future medical and other expenses as well as pain and suffering damages before their right to reimbursement kicks in). These liens are always negotiable and you should try to argue the "...

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Uninsured motorist and bodily injury claim, how do I get all my medical expenses paid?

No. You should get an attorney and demand arbitration under the policy. A good attorney can review the medical records and bills, present them to your insurance carrier, try to negotiate a higher, more reasonable settlement and, if necessary, conduct an arbitration on the matter. An arbitration is like a trial with the ability to present evidence to a trier of fact (an arbitrator -- usually a retired judge or attorney with many years of experience) to argue for a higher award. You may also...

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If your fired from a job,how long do you have to file a workers' comp claim?I got fired&been injured but never filed a claim

There is California law that states that your workers compensation claim is barred if you file it after termination. However, there are ways to get around this and I would advise you to consult with a workers compensation attorney immediately to have your best chance of having an application accepted. If you were terminated as a result of your injury or requests for leave or you feel you were terminated in retaliation for filing the workers compensation claim, you may have a claim for...

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I slipped and fell in a restaurant. I hurt both knees, both arms, left side of chin, and right shoulder.

You would need to provide some more facts regarding how you fell. In this type of case, you must show that there was a dangerous condition on the property for which the property owner either knew about or should have known about and that this was the cause of your injuries. Assuming that it is the case, you would be entitled to payment in full for your medical expenses. Under California law, the owner may be entitled to some offset of there was a "write-off" of part of the medical bills by...

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Why would I need a lawyer??

Here are some of the reasons why you need a lawyer: (1) Insurance companies are a business. Like any business, they want to try to make as much money as possible. The main way they do this is to try to take in as much revenue as possible by way of premiums and to try to pay out as little as possible by way of claims so that they have the money "in the coffers" to invest and get a return. (2) Insurance companies have thousands to tens of thousands (depending upon the company) of employees...

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2 accidents:1 in03&07.Settled 07;trial for 03.Soft tissue back inj.4both@time,now DR.said back inj.severe.Can I reopen 03claim

Unfortunately, the statute of limitations (i.e. deadline to file a lawsuit) on this type of claim is two years from the date of the accident.

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Can co-registers on car title be sued in the event of an accident in california?

Unfortunately, your mom probably can be held liable as one of the registered owners of the vehicle. You should work with your insurance company to make sure that, if the plaintiff settles for the policy limits of $15,000, it is in exchange for a full release of BOTH you and your mom.

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I have a car accident non criminal restitution against me in CA. can they take from my 401K.

You need to provide more information. Why were you ordered to pay restitution in a "non-criminal" case? Were you sued? Did they obtain a judgment against you?

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