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S. David Rosenthal
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S. Rosenthal’s Answers

1,426 total


  • Do i need a lawyer?

    I had gotten struck by a pick up truck in 2009 started seeing a doctor after starting in 2010 and ever since i started telling him what was wrong with my body he looked and me and said that they do not do workers compensation and i was not looking...

    S.’s Answer

    You may have a liability claim from the 2009 accident, but it appears the statute of limitations of 3 years may have run out on that. You would need to talk to a good personal injury lawyer to see if there are any exceptions that apply to your case. If you were hurt while on the job, you need to consult a good workers' compensation lawyer about your options.

    Good luck.

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  • Do I have a case if I was sent home by an ER and three days later saw a specialist and realized I was bleeding internally?

    I have chronic blood clotting issue I was on warfarin my pt time was 6.9 with bleeding from various sites including into the skin cal!ed Petechia and later found out also internally I told ER Dr I felt uncomfortable going home my husband asked p...

    S.’s Answer

    Medical malpractice cases are very specialized and you should call an attorney that works in this area. Most of the time, a good malpractice attorney cannot tell you if there is a case of medical negligence or not without having the records reviewed by a medical expert. That can be very expensive and medical malpractice cases are very complicated to prove and and win. For that reason, malpractice attorney's usually only proceed with cases in which the injuries are catastrophic and the damages potentially very high. You need to consult with a good medical malpractice attorney in Arizona to give you an opinion about your case.

    Good luck.

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  • Do I have to go to court?

    My attorney does not like the settlement offer for the motor vehicle accident I was in, from the Insurance company, and is talking about going to court...do I have to go to court or can I say, " take the offer"?

    S.’s Answer

    Yes, you can take the offer. As the client, you are the ultimate decision maker in your case. However, it is important to carefully consider the advice that your attorney is giving you. Why does he/she feel it is in your best interests to file suit? If you have concerns about what is involved in a lawsuit, make sure he/she explains what is involved. It may not be as bad as you think. It's important to consider all these things before deciding to accept what your attorney feels is inadequate compensation because the decision is final and cannot be reversed.

    Good luck.

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  • Where do we go from here?

    I posted about a month ago regarding my son-in-law's attorney not filing yet on his behalf for the injuries that occurred from his car accident 1 yr ago. Well he finally did only to find out the the person who hit him died 6 mos ago. His attorney ...

    S.’s Answer

    I don't know the rules in Pennsylvania, but here in California you either have to name the estate in the complaint, which allows you to get to the assets in event of a judgment that exceeds the insurance limits, or you can continue the suit against the deceased individual with a stipulation that you are limited to the insurance coverage to satisfy a judgment. You should talk to your son's current lawyer about these issues or get a second opinion from a lawyer with a good reputation.

    Good luck.

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  • Is 2 million a decent offer for an accident that left me blind in one eye and chronic headaches and scars

    I was broadsided by a company pick-up truck that was trying to enter the lane I was in, I was struck so hard that it caused to crash into a light pole that fell onto my car. The impact caused the airbag to deploy, so now I am blind in one eye and ...

    S.’s Answer

    2 million dollars is a lot of money but your claim may be worth more. There are a lot of factors that go into evaluating such an offer and it would be difficult for anyone online to give a useful opinion based on the limited information provided. Hopefully you are represented by an attorney. If so, you should ask for a thorough evaluation of whether the offer is satisfactory under the circumstances. If you have not consulted an attorney, then you MUST consult a good personal injury lawyer before making a decision. Finally, if you are represented but are having doubts about your lawyers qualifications to handle such a serious claim, you can consider getting a second opinion from someone you KNOW is qualified.

    Good luck.

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  • Hit by a drunk driver in 2011 and received a letter from an attorney; what am I entitled to?

    Hello! As the title says, I was hit by a drunk driver in 3/2011. I walked away from the accident and my insurance company handled everything; she was not insured. Basically what happened was she rear ended me (drunk, not sure of BAC), a...

    S.’s Answer

    It would be very difficult for an attorney to give you any kind of estimate as to appropriate compensation without actually seeing the medical records and other information in your case. It sounds like you are entitled to substantial compensation for past and future medical expenses, lost income and pain and suffering, and hopefully you have a good lawyer to represent your interests. If so, you should direct these questions to your attorney. If you do not have an attorney, I recommend that you contact a good attorney immediately since it seems like a lot of time has passed since the collision.

    Good luck.

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  • My car was envolved in a car accident. It was not my fault. taxi driver hit my car in the rear. bumper, light and trunk

    taxi driver hit my car in the rear. bumper, light and trunk are damage and need replacement. Police report was file. calim was file. Decided to go throught the taxi driver insurance company. i dont have the extra cash to pay deductible to my insur...

    S.’s Answer

    I would suggest getting the damage estimated by a body shop that you trust to do the work right. Then I would have the Taxi's insurance get in touch with the body shop and pay them for the repairs after they have been completed. That way, if any additional damage is discovered and additional repairs required during the repairs, they can pay for it all at once. Don't sign any document, especially a "release", until all of the repairs have been completed to your satisfaction.

    Good luck.

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  • I was in a car accident in Oct 2013 not at fault my attorney said the settlement was $500 and I feel this is unacceptable.

    I was hit on my drivers side and the other party was at fault. Ive been working with the law firm knr and I'm not happy with the service I've received. This has been dragging on for 8 months and my attorney said after the med Bills are paid and ...

    S.’s Answer

    You are in a difficult position. The reason I say this is that the $500 is likely insufficient to properly compensate you. The only way to really compel the insurance company to pay you more money is to file suit. However, that costs some money and requires time and work. The money that is at stake is likely not enough to give an attorney incentive to pursue your case in a lawsuit. With that being said, it is your decision. If you do not want to accept the offer, tell your attorney you want to proceed with a lawsuit. If he/she is unwilling to take that next step with you, you may have to find another attorney. You may also talk to your attorney about the possibility of small claims court.

    Good luck.

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  • Exchange Student - 18yr old - auto liability - policy limits

    We have an exchange student living with us and enrolled at a local college. He is now 18 years old and will continue to live with us for the forseable future. He is currently on our insurance policy which is expensive due to the high liability lim...

    S.’s Answer

    I'm admitted in California, not Georgia, so I have to qualify that my answer is based on California law. It may be true in Georgia also, but you should double check with a lawyer there:

    1. No, you could not be sued since you are neither the operator of the vehicle nor the registered owner. You could be sued for your independent negligence in some other somewhat far out scenarios, e.g., you serve him alcohol and let him drive.

    2. Yes, you could be sued as a registered owner. In California, the registered owner would be legally liable up to a statutory maximum. You could also potentially be sued for "negligent entrustment" since you are allowing him to drive a vehicle you own. Liability under this theory would require knowledge of facts that make the student a dangerous driver, e.g., past reckless driving.

    Your idea of having him get his own policy is not bad.

    Good luck.

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  • Can I sue for loss of car use due to accident with uninsured motorist

    Was struck in side by uninsured motorist I was without a car for 21 days. Took insurance payout and sold car for salvage Took 21 days to settle with insurance. I want difference in car value and what I actually got. Plus loss of use.

    S.’s Answer

    You raise 2 questions. The first is whether your own insurance policy will cover: a) loss of use; and/or
    b) diminution of value to your car. Some insurance policies will provide coverage for a rental car if you get one, but most do not cover loss of use , i.e., you can't use your care but don't rent a replacement. I am not aware of any policies that provide coverage for dimunution in value.

    Depending on Mississippi law, you may be able to recover loss of use or dimunution of value from the other driver, but of course he/she does not have insurance. You could still get a judgment, but the quetstion would be whether that is a practical option in light of that person's ability to pay.

    Good luck.

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