William Michael Berman's Answers

I didn't have insurance when i got in a car accident ? what will happen ?

California has strict financial responsibility laws regarding auto insurance and everyone in the state is required to maintain auto insurance if they drive. Under the facts that you present, it appears you could be cited for failure to maintain insurance and your license could be suspended. You could also be held personally liability in a civil claim for the damages you caused to the vehicle you hit, and even to the occupants in the vehicle you hit to the extent any of them suffered injury....

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I recently had ankle surgery for an injury that i was misdiagnosed for back in 2002. It's now 2009. Can I sue for malpractice?

Unfortunately, it appears that your statute to file claim for medical malpratice may have lapsed as the limitation period is one year from the date of discovery or three years maximum. There may, however, be an exception IF you were under the continuing care of the wrongdoing physician and the physician led you to believe that all would be OK, only to later learn that all was NOT OK. But this is a most difficult theory (an exception to the strict statute limitation) an you would be required...

Can the family suit for wrongful death, although the person who passed injury happen 2yrs prior to death?

while I do not practice in VA and can only give you general advice, most states hold that the statute for a Wrongful Death claim begins to run from the date of death and NOT from the date of the conduct that gave rise to the injury that caused the death. While there may be a problem linking the death to acts that occurred two years prior, to the extent that a medical expert can opine that the death was caused through negligent acts that occurred from the procedure, you may indeed have a viable...

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I bought a car for my sister now she does not have insurance who will get into trouble if she gets into an accident?

While I am not licensed to practice law in your state and do not know the laws of MI, the issue of who can be held liable other than the negligent driver generally depends on who is the registered owner of the vehcile. If your name appears on title of the vehicle, the laws of your state may be such that you could also be held responsible under an ownership theory of liability. I would suggest you consult an attorney in your state on this issue. You may also want to consult your insurance...

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I am looking for more free personal injury advice in Ontario Canada - I already tried www.personalinjurylawlawyer.ca

Many well qualified personal injury attorneys offer free initial consultations and would be happy to answer your questions. Before contacting an attorney in Canada, do some research and make sure the attorneys you intend to consult with have experience in handling personal injury claims. Best of luck.

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Wife was in a nursing home rehab 4 wks Paralyzed from a tumor on spine. Developed blood clots both legs. IVC filter.

To the extent the nursing home failed to establish a written care plan to prevent to development of blod clots, or failed to regulate your mother's anti-coagulation Coumadin therapy, she would indeed have a claim if she developed blood clots and suffered injury. Under Federal law, nursing homes are required to provide for a plan of care to adddress all of the needs of their patients, and prevent injuries. If you mother suffered further injury due to the neglect of staff to properly care plan...

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Can we take legal action against the old folks home and the nursing staff for negligence & elderly abused & seek compensation?

Your story is, unfortunately, not too all uncommon. And while most states do not require that a facility maintain the use of CCTVs to capture events like this, claims or elder abuse and neglect are still provable, especially where the victim is still living and can testisfy to the acts of physicial and emotions abuse. Most have have agencies that regulate nursing homes, which investigate claims of abuse and/or neglect. In your case, I would strongly suggest you file a complaint with the...