Skip to main content
Mark F. Gallagher
Avvo
Pro

Mark Gallagher’s Answers

77 total


  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • Can I get an attorney to represent me in court

    My 18 year daughter is attending a community college, her father billed me for half her first semester when she was 17., the court ordered me to pay him back half. Her second semester he billed me again, taking me to court., and wants full custody...

    Mark’s Answer

    You should contact a lawyer who handles family law matters. Avvo has a find a lawyer tool which will help.

    See question 
  • My lawyer volunteered to draft final divorce decree. Now he does not want to pay anything for her work. This seems unfair?

    He is a doctor and money is not an issue for him but is for me. He filed for divorce. (wants girlfriend) I also get no alimony or anything for that matter. (prenup).

    Mark’s Answer

    It does seem unfair, but there are not enough details here to state any more than that. However, your lawyer should be able to explain to you whether there is a way to force him to contribute to the fees .

    See question 
  • How can I get a adoption for my niece

    Her father and I are second cousin and his in jail back in guam Her mother left me the child when she was 8month until now she's going on 5 july. She knows as her mommy And my husband as her daddy I was trying to contact her mom by Facebook c...

    Mark’s Answer

    I agree that the best course for you is to contact an attorney to help. Adoption is one option. However, another, often less difficult option, would be to ask the court to appoint you as the legal guardian of the child in the absence of her parents. Being the legal guardian would allow you to make certain decision for the child with respect to school and health care.

    See question