Kenneth Goldberg’s Answers
115 total
Neighbor came on my property and ripped down my No Trespassing Sign and Beware of Dog sign.
Kenneth’s Answer
Neighbor cases are tough. As he other counsel said, if the chicken coop is in violation of local ordinances, you can file a complaint with the Board of Health. Perhaps a third party neighbor is willing to step in and broker the peace?
Deal with unfair personal injury settlement offer
Kenneth’s Answer
Not sure of the cost, but you could probably retain a local ADR (alternate dispute resolution) specialist who routinely mediates and arbitrates such claims. They might be able to give you an objective view of value. Perhaps your lawyer would be willing to split the cost with you. It might be worth his while if he calculates this will move you closer to agreeing to a settlement. Other lawyers will probably give you a free consult but how objective will they be? I certainly don't think it's fair that out of $20,000.00 you get only $300.00. At least it doesn't seem right. What would be an acceptable sum in your pocket? Talk with you lawyer and go through the various scenarios. He must realize you have no incentive to settle if you only net $300.00. Perhaps he can reduce his fee or get the PIP subro to take less? Everyone has an incentive to get their money sooner rather than later. It's too bad you find yourself in the position of having to negotiate on your own behalf with your own lawyer, but it's where you're at. Try not to get too personal with the lawyer. To a large extent it's business to him. Yes, it's your life and your injury that you lived through, but if you speak his language, you might make some progress and end up with a reasonable sum in your pocket. I will add, however, that filing suit usually does not result in a lower settlement value later, although the expenses can impact the net proceeds to client. Still, there may be little downside to pushing this case a little harder with the ins company by putting it in suit. Settlement can always be done later, but you may not see any further serious negotiations for another 9-12 months, depending on your jurisdiction and how quickly cases are moved on a docket. So your approach, to some extent, depends on your need for the money now vs later and your tolerance for risk. Good luck with your situation.
My car accident claim was denied based on conflicting stories and no 3rd party evidence, is there other options to recover?
Kenneth’s Answer
You can file a small claims case. Make sure you have all your evidence and witnesses. You should at the very least have the cost of repairs documented as well as photographs. Just state your case and let the Court decide. Make sure you have the correct address for the defendant so he can be served properly. Good luck with your case. Not that it will change the decision, but you might want to tell your insurance agent that you're sorely disappointed with the result and then promise to move your business elsewhere, unless they can get the insurance company to change its mind. It probably won't change the result but it's worth a shot. If you have a direct insurer, just move your insurance. Why go with a company that won't back you when you need them?
Can I argue that the damage was less than $500 and shouldn't be surcharge?
Kenneth’s Answer
All good questions. Have you asked your agent? Often times a good agent will know the ins and outs of getting around the. surcharge. If you buy directly from the carrier (no agent) it's still worth asking if there's a way to challenge the appraisal or perhaps even pay the bill directly and keep your ins carrier out of it.
Do I have a case? ARCHIVED
Kenneth’s Answer
I would tend to agree with the first answer. I would add, however, that you could send a letter to the vet demanding a refund or partial refund. Failing that you can always file a small claim. But to specifically answer your question, generally speaking the only way to prove that one vet didn't act properly in the care of the animal would be to obtain the testimony of another vet. Unless the facts are so obvious that any person could see the negligence right off the bat, I think you would need that "expert" testimony to be successful.
Is former landlord/owner required to transfer security deposit of tenant to new landlord?ARCHIVED
Kenneth’s Answer
Normally the security deposit is transferred from the old owner to the new one. Why was the apartment painted? Was it routine maintenance or did you do something that damaged the apartment thus prompting the landlord to have to make repairs? In MA there are very specific rules about security deposits and accounting for them to tenants. I suggest you consult with an attorney well versed in the landlord tenant area or perhaps the local legal aid office. You may very well have to file a claim against the prior owner to get your security deposit returned but a well written lawyers letter may do the trick. As the old owner is holding your money, your claim is against him and not the new owner. The new owner is not holding any of your money so if/when you leave, you cannot hold him accountable for the security deposit he never got when the property was sold.
Landlord changed locks, wont allow me in my house to recover tools. Cant work without tools, can i seek lost wages??
Kenneth’s Answer
I tend to agree that the local police may be able/willing to broker a solution. What you describe is tantamount to a civil action called conversion. The crime would be larceny. But be forewarned going to the police can backfire. I've seen it many times. One person files a criminal complaint against another and then that person files a criminal complaint against the first person. If you don't want to elevate this situation in this manner then you should hire counsel to have a deputy sheriff hand deliver a letter detailing your civil claims against the landlord and explaining the consequences if he doesn't release the tools to you. The fact of the matter is that this is a civil matter and not a blatant criminal case. The lawyer route may cost more and perhaps take longer than just going to the police but it is the "proper" route. In the mean time, you have a duty to mitigate damages. Can you borrow tools from someone else? Can you take jobs that don't require the tools. Act quickly to pursue your claim. Good luck with your case.
What are my chances at a surcharge appeal hearing?ARCHIVED
Kenneth’s Answer
You have a very good chance at reversing the surcharge. Make sure you file the appeal within the deadline. I usually send it in by certified mail, return receipt requested to confirm it was sent and received on time. Bring a copy of the regulation and the statute you cited. Describe the accident making sure not to bring up any facts that would lend support to the theory that you acted unreasonably. You had your headlights on, you were driving within the speed limit, and the other person suddenly opened his door into traffic. The insurance company doesn't know how long the door had been open. If the police report has something in it that indicates you were at fault explain that you were nervous and that what you said at the scene doesn't change the facts. The facts have always stayed the same as reported to the police and as testified by you at the hearing. Under the law, the other driver has to not open his door into traffic. Be respectful and courteous. Good luck!
I got rearended while stopped at a stop sign and the other party is denying hitting me. What should be my next steps?ARCHIVED
Kenneth’s Answer
Small claims. Depending on how much is involved, a lawyer might be willing to assist but the idea behind small claims is to keep things simple so you don't need a lawyer. Bring photos, documentation of the repairs, and your witnesses. At small claims court, they will probably offer mediation services. I would do that and go in with a view toward compromise. You can always try the case before the Magistrate but the outcome is not certain. A settled case is a certain outcome.
What info & records can I demand from my attorney & doctor in a my bodily injury case? What is the process?ARCHIVED
Kenneth’s Answer
I recommend you make an appointment and speak with your lawyer. If you don't feel he's being genuine then speak to a different lawyer. As others have said, you can simply fire your lawyer but he may actually be doing the best job he can do for you.