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Mark F. Gallagher
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Mark Gallagher’s Answers

80 total


  • Minor car accident from 2012, the guy decided to sue for compensation now. What is the better course of action?

    My ex-partner had a minor car accident in the summer of 2012. He rear-ended car in front of him at the speed probably 10 mph. They exchanged insurances, he paid the guy $250, that was it. No damages on either car. Now, in the summer of 2015, I've ...

    Mark’s Answer

    It is unclear form your question what the compensation is for. However, if he had insurance at the time of the accident, he should immediately advise his insurance company which should handle the claim and, if necessary, hire a defense lawyer for him. If he did not have insurance, it would be a good idea for him to bring the "package" in to a lawyer for a consultation.

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  • Can I initiate settlement talks myself with the city deputy counsel for claims.

    I fell on a city street crosswalk. I broke facial bones and my jaw. An expert inspector for city streets evaluated where I fell and found at least 10 major code violations. I need money asap to fix my broken teeth, bridges and my jaw. I lost my...

    Mark’s Answer

    The City and County of Honolulu is generally very difficult to deal with on personal injury claims. it is unusual for it to act responsibly and to recognize its responsibility and to pay fair damages without a lawsuit. Therefore, while you could discharge your lawyer and discuss matters with the Office of Corporation Counsel yourself, a successful outcome would be unlikely. A lawyer is best equipped to handle the claim for you and if you are not satisfied with the one you have, then you could switch. However, many lawyers would be reluctant to settle a case such as yours until the surgery has been performed, since one never knows for sure how the surgery will turn out and the claim could not be reopened after it is settled, even if the injury turns out to be worse than expected.

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  • What is the fastest legal way to change my attorney now that my lawsuit has been filed?

    My lawsuit has been filed and I need emergency money for surgery as a result of the accident I was denied by my insurance to cover the cost. I have done extensive research and found 2 pre settlement funding companies with low rates, and if I am ...

    Mark’s Answer

    It is not unusual for a plaintiff to switch attorneys during litigation. Generally, you discharge your current attorney after you have lined up your new attorney. Your old attorney and new attorney can work out the details. Your old attorney has a duty to provide you with the file and to be cooperative with the transfer. A substitution of counsel form is then filed with the court.

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  • Looking for advice concerning car accident. I made a left hand turn and another vehicle hit me from on coming lane heading east.

    I was driving 4dr pt cruiser and the other vehicle hit me in by the back door and wheel well, I went to the hospital on my own as at the time I was still in shock when the ambulance arrived. I was off work for about 6 months or longer due to a nec...

    Mark’s Answer

    You should consult with a personal injury attorney. There are a number of factors which need to be addressed to determine if you can recover anything. However, it is possible that if you can demonstrate the other driver was responsible for the happening of the accident, a claim could be submitted to your insurance company for uninsured motorist coverage if you purchased it.

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  • Do I need an attorney?

    I was in a minor fender bender without valid license or insurance. I received a phone call from the other parties insurance company yesterday asking for my statement. Should I give them a statement or have an attorney present or present my stateme...

    Mark’s Answer

    If you were injured in the accident, rather than hiring a lawyer who defends civil cases and likely will charge you by the hour, you could contact a personal injury lawyer, who likely would work on a contingent fee basis. If you do not consult with an attorney and end up speaking with the adjuster yourself, please keep in mind that this adjuster is in an adversarial position to you and is looking for evidence that the accident was your fault.

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  • What should I expect at court?

    I've had 5 DWAL incidents within 5 years. I'm currently facing 2 of them at trial in a month and a brand new hearing for a 3rd one that actually includes a minor vehicle collision. I was really nervous about this case prior to this but now that I'...

    Mark’s Answer

    You should have a criminal defense attorney represent you in this situation.

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  • Unfair suspension from work and/or discrimination since all employees involved were not punished for the incident?

    Hello, A coworker and I were both suspended last week for an incident that happened months ago involving alcohol at work (I know, very stupid). Information about this incident surfaced last Monday. There were actually 4 people involved and we we...

    Mark’s Answer

    It is unclear from your question why your employer decided to punish two employees and not to punish two other employees for the same conduct. If the different treatment was based upon your membership in a category protected by law, for example religion or race, it could be considered discrimination. If the disparate treatment was due to other reasons, for example the other employees are more essential to operations or have a better disciplinary record, then it is unlikely there would be unlawful discrimination. If discrimination is a concern, you should consult with a lawyer who handles employment discrimination claims for an analysis of your specific situation. As to the punishment, you do not mention if there are union rules which apply. If you are a member of a union you should consult with your representative. If there is not a union or an employment contract addressing what is permitted, then the nature of the punishment, from suspension to discharge, is largely up to the employer.

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  • Which state to get a lawyer?

    Homeless in Hawaii with our children(4). Husband of 12.6 yrs with job(200k), ChildSupport case and assets in Washington state. Looking for a lawyer to advocate for me regarding divorce including child support modification, freezing n dividing ass...

    Mark’s Answer

    If you already have a child support case pending in Washington, you need an attorney admitted to practice in Washington to handle it.

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  • Real Lawyer?

    Is there a real lawyer called Barrister Ben Jones? I'm not sure if that is his full name, but apparently he's suppose to be a busy and old lawyer that should be close to 79 years old. It seems that he also has worked with President Obama before. I...

    Mark’s Answer

    This seems likely to be a scam. I checked the online and the printed versions of the attorney directory for the Hawaii State Bar Association and there is no Ben Jones listed. "Barrister" is not a term commonly used for attorneys in the United States, which suggests the individual contacting you is not from the United States.

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  • Can we sue a beer company if we opened a bottle that seems to be rotten with fruit flies and even an insect egg sac?

    My wife opened a beer bottle (Shock Top Shockalate), she drank a sip and immediately vommited. When I poured out the beer, the consistency was like rotten milk, smelled like sour dough bread, had fruit flies and even something that looks to be an ...

    Mark’s Answer

    You could bring a claim for damages suffered as a result of the defective product. However, it if the injuries are limited to vomiting upon taking the first sip and there was no other harm, the value would be modest and it is unlikely a local personal injury attorney would get involved. However, most personal injury lawyers will provide a free consultation, so you could call a few to see if they have a different opinion.

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