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Mark Carleton Blane
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Mark Blane’s Answers

105 total


  • Do i have a personal injury case

    I have 2 2nd degree burns on my leg and thigh from a gateway computer. I had the computer on a stand next to My bed. During the course of the night,, my leg was at the edge of the bed,, and got burnt ... This happened twice. Is it My fault or shou...

    Mark’s Answer

    Second degree burns from a computer seems to be extremely abnormal. First, you need to keep the computer in a safe place and consult with a local personal injury attorney that has experienced with burn injuries AND product defect cases; more than likely, an expert may need to examine the computer to see if there is a defect to the heating component system. Should it come to light that there is indeed a defect with the computer, and you pursue a claim, a good defense adjuster or lawyer will argue "apportionment of fault" because you slept near your computer; also, a question comes to mind as to why you did not immediately wake up when feeling the burn (unless you did, etc.). mb

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  • Can I dispute liability in a rear-end road accident?

    Hi, I had a small accident yesterday where I bumped the rear end of a "p" plate driver who was not displaying their plates and refused to supply their drivers licence details when I requested them. Do I have grounds to dispute liability based o...

    Mark’s Answer

    No, not if you hit them due to your fault, but it appears you did your good faith duty in attempting to communicate with the other driver; whenever you bump into another vehicle by accident, you owe a duty to exchange information (insurance and contact) to the other party; if it was a parked vehicle, then you need to do the minimum which is leave a note with said information. I would wait and see what happens at this point. mb

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  • Rear-Ended by car in Bellevue

    My wife was recently rear ended by a car. Driver in the other car left the car on the spot and ran away. My wife’s car is damaged and she has severe body pains. What should we do?

    Mark’s Answer

    Take your wife into medical care, and then immediately file for a police report, and contact your insurance company to begin the process of triggering your "uninsured motorist" coverage; assuming you have this coverage. Locate any and all witnesses to help substantiate the accident if possible. If you wife was able to get the license plate number of the at-fault vehicle, there are ways to track the vehicle through the DMV to see if it was insured; if it was, file a claim with their insurance. You should, in the meantime, consult with an experienced personal injury attorney in your local area as well. Best, mb

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  • What are my rights as a tenant whose home is being sold by the owner?

    The condo that I'm living in is being sold by the owner. I still have a year left on my lease. Will the new owner be obligated to fulfill the terms of my current lease?

    Mark’s Answer

    Your owner will be on the hook for damages to you as a result of the breach of the lease. This could include moving expenses, full return of your deposit, if any, and other damages that reasonably "flow" from the breach. Since this area is not my specialty area, I would like to refer you to a good resource for you. Check out www.tenantslegalcenter.com. They also have free downloads for you, etc. Best of luck with this issue,

    mb

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  • If driver at fault of auto accident was driving a rental car but has suspended license, is rental car company liable?

    i was a passenger in vehicle that got rear- ended by another car which was a hertz rental car. The driver of the hertz car was arrested at the scene for driving with suspended license. I was injured in the accident and had to go to ER. Is Hertz re...

    Mark’s Answer

    Potentially; it depends if there is evidence that Hertz Rental breached it duty of due care to you by not doing a reasonable job of making sure they are renting to licensed drivers. However, you should not have to worry about this issue assuming the following:

    1. the owner of the car has insurance, including un-insured motorist (in case at-fault party has no insurance);

    2. if no to item 1 above, then use your auto insurance to make a claim if all else fails above; under these facts, your insurance would then step in as primary to protect you on your injuries.

    I hope this helps! If not, then ask another question here..mb

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  • If some one hits me from behind and causes me to hit car in front of me is it my fault?

    i got rear ended slowing down in traffic for a stop light which caused me to rear end the truck in front of me. when i went online to make a claim found out i had no insurance, honestly forgot to make the payment. i know i'm going to lose my licen...

    Mark’s Answer

    If you were pushed into the truck in front of you by the bullet vehicle (the one that rear ended you), then no, you will not be at fault for the impact to vehicle in front of you. You will need to contact the DMV to find out if they have any NEWER administrative policies about not having insurance; however, you should be receiving contact from them since you are a PROP 213 (without valid liability insurance at time of accident). The good news is you indicate it was a minor accident. mb

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  • What are the next steps I should take after my healing process for a workers comp injury?

    Last July I mangeled my left index finger in a cheese grating machine down to the bone while at work. As a result doctors had to take a skin graft from my forearm to use on my finger. And my nail was removed. Last December I had a second surgery t...

    Mark’s Answer

    Please note, I am a California Attorney; generally speaking, you get no "pain and suffering" in workers' compensation. You only receive a settlement based on your permanent impairment to a particular body part and how that impairment affects (or impairs) your job market skills based on the duties of the job you were performing at the time of the accident. However, sometimes you can get "punitive damages" if your employer failed to employ necessary safety devices in equipment you were using. I assume you are without counsel, and I highly recommend you sit down with an experienced workers' compensation attorney in Illinois to go over your options a this point. I hope this posting helps you.

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  • Barely bumped a car in front of me at a red light...no shes claiming bodily injury?!?!

    I was sitting at a red light and the light turned green. The woman in front of me let off the break to go forward as did I. I looked over my shoulder to see if I was clear to change lanes and from a complete stop to 2 feet in front of me goin BARE...

    Mark’s Answer

    I would definitely let your insurance company with its lawyers handled this right now. With low property damage it will be very difficult to prove substantial injury (of course there are certain exceptions to this rule). One exception is if the injured party re-injured a highly sensitive area. For example, if the injured party just had a disc fusion surgery the week before your accident, etc. However, this example is very rare. The point here is that you have a good defense if there was hardly any property damage so do not worry yourself too much. You are in "wait and see" mode. You can also get updates on your case from your insurance and their impression of the case, along with legal strategy. I hope this helps.

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  • What can I do to investigate a person who is blatently not injured but is suing me for personal injury. Video Tape? Digital Pics

    can i talk to the Neighbors? Pictures, Video? what else? and am i allowed to do it?

    Mark’s Answer

    First, inform your insurance company of your evidence and suspicions; then if possible, you could assist with video tape, and pics; you can also check out online social networking sites like Facebook, or linkedin.com to see if they are posting pictures of themselves in activities that show them jumping, skiiing, etc. (assuming these pics are within the time frame they are claiming injuries).

    I would caution you to leave the majority of this work for your insurance company: it is their job to protect and indemnify you on this claim, etc. If you do not have insurance, then of course, the more evidence you can document the better.

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  • Car injury, 3 times approved disability and then denied disabilty, then have to repay, for same injury then let go, help please

    I many questions about it, Ive several higher up people tell me to get answers from lawyers, please help. Is this legal?

    Mark’s Answer

    I am sorry, but your question is a bit ambiguous. We need more facts to help you with any answer that can point you in the right direction. For example, more details as to why you have to repay for same injury, and what do you mean by "let go." Please advise.

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