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Mark Carleton Blane
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Mark Blane’s Answers

105 total


  • I slipped at work Do i have a suit against the store ?

    I work at a supermarket. I was pulling a U-boat full of store product back into the stock room. When i slipped in a puddle of water that was laying on the floor for days. I fell backwards and injured my back. I am currently in Physical therapy for...

    Mark’s Answer

    Please note, I am a California lawyer. However, you should be protected under New Jersey Workers' Compensation law for your injuries. You may also have a potential third party claim if you can show the water was negligently on the floor from a third party (some entity or person NOT connected with your employer. You definitely need to speak first with a New Jersey Workers' Compensation lawyer, and possibly a third party personal injury lawyer in New Jersey. Sometimes the work comp lawyers can do both claims; look online or contact your local bar association for a good referral!

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  • Can I contact insurance compnay responsible for slip and fall injury case directly/

    Injured in a slip and fall in June 2008, torn miniscus. Attorney not answering calls or even letters. I am failry sure that demand letters were not sent or followed through with properly even though i have reuested that the case be settled. I ...

    Mark’s Answer

    I am answering your question from California. More than likely you will need to retain new counsel in order to find out what is going on. However, what you should do before this step is write a letter to the attorney expressing your concerns, and a written explanation to the concerns you have. Also, put a time frame in the letter for a response (within 5 days for example). Fax and mail this letter and keep fax transmittal. If you still do not have a response, then seek new counsel in your area. The insurance will not communicate with you if you are represented by counsel, so this will more than likely be futile. I am sorry you have to go to this step, but do try it as you should get answers straight away by doing it.

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  • Insurance Co. is saying I'm at fault 4 motorcycle accident involving my dog on my private prop. What do?

    Dog was with wife at the end of driveway waiting for son to get off bus. Motorcycle cut across the end of the drive way where wife and dog were. Dog dove in front of motor bike to stop it , man freaked out laid his bike down, every thing was low s...

    Mark’s Answer

    I agree with my fellow poster. The man's motorcycle insurance should be taking care of this interesting set of facts. The man on motorcycle was in trespass of your drive way (it appears from your question). I hope your dog was not too badly injured, and thank goodness you wife and son were not injured!

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  • I need legal representation in a wrongful death lawsuit?

    My ex-husband's decision not to inform me about my son's use of oxycontin and other factors that would be a threat to my son's life resulted in his death. My ex-husband was negligent, reckless and acted with completed disregard for my son's well ...

    Mark’s Answer

    Pharmaceutical drug litigation cases can be very challenging. You have to prove "causation of injury." This means you must show the manufacturer or any entity connected with the drug breached a duty to your son that resulted in his death. You must be able to prove this. Right now, I am not familiar with any of the litigation possibly surrounding the use of oxycontin, and I assume the above is the very reason why you are having difficulty finding a lawyer. You ex-husband's non-disclosure to you about the drug use is apart and separate from any claim against the drug manufacturer. I also need more facts in regards to the non-disclosure and why your son was taking the drug: for example, did your son have an injury and needed the drug for pain, etc. I hope this posting helps you in some respect.

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  • Personal Injury Case

    In my case, i was terminated from my job due to a false comment. as a result of this false statement, i lost my respect, livelyhood. I was dis-qualified of unemployment insurance benefits due to mis-conduct in connection with the work , but wa...

    Mark’s Answer

    I am in California and generally speaking under the laws out here, it is tougher when you are an at-will employee to establish an actual wrongful termination. However, with the facts of your question, you were successful in defeating your employer's effort to try and stop your unemployment benefits. This does not necessarily mean you have a perfect case to pursue against your employe for wrongful termination. You only showed that you were entitled to unemployment benefits due to something else other than any conduct you performed. You must also weigh the costs and likelihood of having a successful case against your employer. This may not be worth your valuable time. Nonetheless, I am going to steer you to a local Arkansas Employment lawyer for further consult. I wish you the best.

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  • Can I sue my father for personal injury if he raped me when I was 4?

    My father repeatedly raped and sexually assaulted me when I was 3 and 4 years old. As I could not escape, I was essentially kept in sexual slavery. As the statute of limitations on sexual assault is still 5 years in the state of New York where thi...

    Mark’s Answer

    This quick answer is yes, but you must balance this with your actual damages (what type of injuries do you now have, and what evidence do you have). I agree with my fellow posters that you will need to discuss the details of this unfortunate set of circumstances with an experienced attorney that has completed these types of claims successfully.

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  • Car accident with no insurance in california?

    i got in a car accident on monday, 2/22/10. i had just bought my car on sunday so i had just registered it @ the dmv and they told me i could not insure it until i did the smog on my car. so i was driving home (on my uninsured car)and a car stoppe...

    Mark’s Answer

    From your question, you indicated your vehicle at the time of the accident was uninsured, and you also indicated the other party sustained no property damage or injuries. Thus, as long as this remains constant, then you should not have any "third party" claims from the other people (property or bodily injury). You will just be out of pocket your property damage (assuming you also sustained no bodily injury. You will have to "wait and see." California law carries a two-year statute of limitations for bodily injury, and a three-year statute of limitations for property damage. Your other insurance on your other vehicle will only cover if the vehicle that was in the accident was included on the same policy. Double check this with your auto insurance company on the other vehicle immediately. If any of the above-facts change, then post another question on this site. I hope this helps you.

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  • DUI Car accident, scuffed neighbor's car parking. I was already parked when the cops came, but was still arrested. Advice?

    I had been driving with .12 BAC and scuffed my neighbor's car parking. We exchanged information, but he had called the police and I was arrested. The police were not present to see me drive or park. Will it help if I contest the accident, or what ...

    Mark’s Answer

    Yes, you will need to defend yourself through a private criminal attorney, or public defender. It appears you were arrested at the scene for DUI and there is plenty of evidence to show you were driving under the influence of alcohol. You will need to seek competent counsel in criminal law as to your legal strategy. On the civil side, you will need to confirm your insurance company is handling the property damage.

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  • In California is there any way around the 3rd party liability?

    My son was in a car accident where the other party was at fault and now my insurance co. is sending me letters stating they get any monies that I claim and collect from the other parties insurance for medical. Isn't my monthly premiums enough for ...

    Mark’s Answer

    Your questions pertains to the subrogation rights (the right to reimbursement) your insurance company has to what they expend in medical payments. Yes, they have this right in California. However, it is limited to certain exclusions. For example, if you retain counsel for your son, a good attorney can negotiate a hefty reduction of the reimbursement right to help increase the net recovery to your son, and help to usurp the cost of using an attorney. Certain State law protections in California are also helpful: Make Whole Doctrine, and many others. You should at least consult an experienced personal injury lawyer to go over this. This reimbursement to your insurance is only limited to what they expend in medical bills, not for pain and suffering, costs of auto, or lost wages. Your question is an important one and I hope this answer has been helpful.

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  • Rear ended vehicle that stopped suddenly and given field sobriety test.

    I rear ended a car that, I thought, stopped suddenly. My car had to be towed and hers was only minor damage (large SUV). I was given a field sobriety test and passed. She has retained an attorney. I was sent a certified letter (I have not accepted...

    Mark’s Answer

    Right now, notify your insurance as soon as possible. Let them protect and indemnify you.

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