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J.D. Smith
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J.D. Smith’s Answers

32 total

  • I was injured doing a side job for someone

    i fell off a roof doing an under the table job i was helping a friend out i had a full time job injury happened 8/3/07 i have been out of work since, 21 months now have had 4 surgeries have one more to go been on state assistance ssi denie...

    J.D.’s Answer

    Yes, you may have a case but should speak with an attorney right away so the attorney can understake an analysis of your case. Most personal injury attorneys offer free consultations. J.D. Smith (206) 588-8529

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  • Who is responisinle for my knee replacement?

    I was hit by a car while walking. My MRI shows a torn maniscus and privouse degenerative arthritis. But I didnt know it and had no pain or mobility issues. I Tried physical therapy and the shots for pain with no help. Know my doctor says the only ...

    J.D.’s Answer

    I am not licensed in NH and I would suggest you contact a lawyer licensed in NH right away. This is a common problem for injury victims. You are not likely to get the insurance company to agree with you and pay the appropriate amount for a knee replacement. A good lawyer may be able to use the law in your favor. Most jurisdictions have jury instructions that essentially say a defendant is response for lighting up a preexisting condition. Let me reiterate my suggestion that you contact a NH licensed attorney right away. Most attorneys will provide you with a free consultation.

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  • What do i do

    i lost control and hit a light pole in a freinda truck then left the scene.the truck is totaled and i dont know if they have my name to press charges what should i do

    J.D.’s Answer

    Consult a lawyer immediately. Many attorneys will provide a private and free consultation. The owner of the light pole (usually a city or county) will likely want the costs of repairs to the light police. Leaving the scene of an accident is also a crime. It is for this reason, you should consider consulting a lawyer immediately.

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  • I was involved in a car accident 2 weeks ago. I was speeding eastbound 70 in a 45 when I was cut off by another car heading sou

    What are the consequences of my actions?

    J.D.’s Answer

    I agree with the other answers but would like to a few things. I believe you are using the wrong wording by saying "cut off" if you were speeding eastbound and the other driver was heading south. You may have a comparative fault situation, meaning both drivers bear some liability in causing the collision. It is fairly common for drivers to travel 5 miles or so above the speed limit but 70 in a 45 seems excessive. I agree you should consult a lawyer immediately. I know some folks may ask why do the lawyers always say consult a lawyer when you are asking a question here. First, by communicating in this forum there is no attorney-client relationship formed, there is no privacy and all of the facts have not been made available to allow a lawyer to digest the facts, analyze the law and then render sound legal advice. So consult a lawyer by calling and either having a telephone consultation or even better, an in person meeting.

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  • Daughter let friend use our car, friend got in accident an damaged our car an is injured.who pays for our damaged car her inju

    my daughter is 18 an is under our car policy (full coverage)and used our car,then let her 18 yr friend drive it,an friend got in a accident,was injured and our car was very damaged, but the car she wrecked into was not damaged. who has to pay for ...

    J.D.’s Answer

    I agree with the other answers but I must caution, anytime you are dealing with insurance you must always read the policy. Oftentimes the first response you get from an insurance adjuster is not right. They are human and have different levels of experience. You may ask to get a supervisor/manager involved to make sure everything is being done according to the policy and existing law.

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  • Is there anyway to get the driver of the car that hit me to pay for my car damages when he does not have insurance?

    The driver hit the back door on the driver's side. He does not have insurance. He was ticketed and has gone to court. is there any way I can get him to pay to have my car repaired. The estimates range from 1300 to 1500 dollars.

    J.D.’s Answer

    Before heading into legal action, you may want to consider speaking with the other driver. Show him copies of the estimates and your other expenses and ask him if he will voluntarily pay them. Given the circumstances, he would likely lose in court so it makes sense for him to pay up. Going to court will only make the amount higher so paying now makes the most sense.

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  • Car was parked in chicago, one car hit antother than my parked car. Who is responsibe for my car

    I have liability insurance only. One car was pulling out of a parking space, struck another vehicle, than that vehicle struck mine. This is in Chicago, who is responsibe for my car?

    J.D.’s Answer

    I agree with the other answers but would add that when making a claim with your company you will likely have to pay your deductible. Most insurance polices provide that your company has the discretion to pursue the other driver. If they do and they are successful, they will pay your deductible back. If they chose not to pursue the other driver (sometimes they do this because it may cost them more than the amount in question) they will reimburse your deductible. I might also caution assuming the 2nd vehicle does not have some responsibility. Before automatically letting them off the hook, you should consider whether they were speeding; whether they failed to keep a proper lookout; and/or whether they failed to avoid the collision. Good luck.

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  • What are the documents i need to show a judge as a defendant in a lawsuit to proof my assets

    i'll go to court for a car accident law suit, if I am consider at fault, what documents should I present to the case to demonstrate my assets

    J.D.’s Answer

    You are getting ahead of yourself. If you are facing a lawsuit, consider retaining a lawyer immediately. If you were insured, most insurance policies will require your insurance company to pay for a lawyer for you. You are entitled a trial on the merits of the case before your assets are relevant. If there is a judgment entered against you, then you will need to worry about demonstrating your assets. Good luck.

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  • What action can be taken against a car garage?

    i had my exhaust fixed 10 months ago, it starting playing up again. when i took it to a different garage to be repaired they found rubber gloves stuffed in the air filter. They advised me that they could not have been left there accidentally and t...

    J.D.’s Answer

    I would suggest you first not jump the gun, speak with the owner or manager of the first shop. Explain what happened and talk through your concerns. Just becasue someone at the second shop says so, doesn't mean they are right about the intentions of the gloves being left in the filter. The reality is the gloves were not sucked through the engine, so be thankful for that. If the gloves caused the need for repairs, consider asking for a refund. If you are not satisfied with the reaction from the first shop, consider making complaints with the Better Business Bureau. if that is not sufficient consider taking the matter to a Small Claims Court. Good luck.

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  • Where do I start

    My tire blew and took the right fender off with it. it was no fault of my own and the police oficer that filed the incident report had told my brother (who was driving at the time) that it looked like he had a lawsuit. i have pictures and a paper ...

    J.D.’s Answer

    More information in needed to adequately answer your question. Before getting into those questions, let me first point out that there are many causes of blow outs, most of which do not provide a basis for filing a lawsuit.

    Was anyone injured? If not, the expenses of litigation may make it prohibitive to pursue. How old were the tires? Has there been a recall of the tire in question? Had you had any work done on your tires recently?

    Hopefully you preserved the tire so an expert can inspect it and offer an opinion on the cause of the blow out. If not, pursuing a case may be quite difficult. Remember, the person bringing a lawsuit has the burden of proof. I hope no one was hurt and I wish you well. J.D. Smith

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