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Joyce J. Sweinberg
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Joyce Sweinberg’s Answers

949 total


  • Do I need a lawyer? Is my job responsible for the damage to my car, the motorcycle and or the building?

    I was working in Brooklyn NY when I got t boned by a motorcycle and floored my car into a building on accident. I live in NJ. I'm still in pain. My tail-bone is constantly swelling up and my doctor wants to send me back to work. I said to my docto...

    Joyce’s Answer

    You most definitely need to get yourself to a lawyer ASAP. No more dealing with the insurance company yourself. You want someone who is very familiar with NJ/NY workers comp and personal injury cases. Check the Find A Lawyer function on the top of the page.

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  • Received a summons after a car accident where I was at fault. What to do?!?

    The summons is claiming that other party was injured in the accident. I have liability insurance with bodily injury. Is this something that my insurance company will take care of? Do I need to hire my own lawyer?

    Joyce’s Answer

    If you have insurance coverage for this accident, then turn it over to them. The company will provide you with an attorney to handle this accident.

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  • French fry lodged into my jaw line I do not have medical insurance can I file suite

    I recently went to a McDonald's located in Alpine Texas and ordered a large order of frenchfries one of the fries became lodged in the back part of my jaw line. I do not have medical insurance so I went directly to see if they could help. I was to...

    Joyce’s Answer

    I do not see any liability on the part of McDonald's in this situation. They are not going to help you get the french fry out of your mouth. You do need to take care of this. If you have no medical insurance, check to see if you are eligible for medicaid or try one of the inexpensive teaching hospital clinics. You cannot just let this go- there are choking hazards associated with what you describe.

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  • Does worker's comp pay for the ambulance that took a person to the hospital when they were injured?

    My wife is a teacher in Bucks County, PA. She fell down steps inside the school and broke a few bones in her foot. An ambulance took her to the hospital but now we are getting hassled about paying the $1000 ambulance bill. Shouldn't worker's comp ...

    Joyce’s Answer

    As my colleagues have pointed out, you need to be sure to provide the billing office for the hospital with the workers' comp claim number, the other adjuster's name and any other pertinent information. Once that is done, they should submit it to the carrier and it should be paid along with her other reasonable, necessary and related bills. Best of luck to you.

    Keep an eye out for how her foot heals in the event she may be eligible for a specific loss claim if the injury was bad enough. This is not something you will know immediately and may take months before a doctor can address this question. Hopefully she will heal and resume her activities.

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  • My son got hurt at a friend's house when he was 17 and I paid all of the medical bills. He is now 18. Do we both file claims?

    I want to send demand letters to the homeowner's insurance company and need to know if I do one for my expenses and then a separate one for his pain and suffering, lost wages etc.

    Joyce’s Answer

    I think you should seek the advice of an attorney to handle this for you. By and large, those who use the services of a good attorney will fare much better in their recovery than if they tried to handle it themselves. Also, you will know that all bases are covered. Some things you should not handle yourself...this is one of those things.

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  • Personal injury on a crowded municipal bus

    MY daughter was standing on an overcrowded bus in ocean city, md when the bus driver slammed on the breaks. She twisted he'd knee and feel. Early testing shows tears of acl and mcl. She is 17. Bus company paid for first ER visit. Is she eligible f...

    Joyce’s Answer

    In PA she would be, but since this happened in MD we would have to consult with MD counsel to know for sure because the law of MD would apply to this case. Since she lives here in PA her treatment will be here, so find someone you trust here who can work with MD counsel if needed and also guide her through her treatment and any other questions which arise here.

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  • My mother was a passenger in a fatal wreck .She was injured and hospitalized .What kind of legal action can she take?

    My Mom was a passenger in a truck,the driver of the truck lost control of the vehicle and flipped and landed upside down in a ravine .The driver was killed and my mom was taken by ambulance to hospital where she was hospitalized for few days .She ...

    Joyce’s Answer

    This is a situation you should not try to handle on your own. Find yourself a lawyer ASAP, someone who is experienced in personal injury matters. There are people here who answer your question who may be from your area and you can also use the find a lawyer link on the top of the page. Find someone you are comfortable with and good luck to you.

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  • Inter-company arbitration

    I received a letter from my insurance company stating that they filed an inter-company arbitration to recover payments made on the claim from the responsible party's insurance carrier, the arbitrator did not rule in my favor...they said I can sti...

    Joyce’s Answer

    Your attorney should be able to clarify what your insurance company was seeking to recover. As my colleagues state, their findings are not binding on you. Still, you should know what transpired, and it is your attorney who can find those answers for you. Good luck.

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  • Husband died at a bar after being neglected by employees. I think this is a wrongful death case. How can I get a police report?

    My husband died in a private club after complaining of being ill and nobody did anything for him, they didn't call 911 they just figured he was drunk and told him to lie down. Well, they left him alone and a few hours later when they went to wake ...

    Joyce’s Answer

    Please accept my condolences for your loss. This is a very difficult time for you and you should not be trying to handle this yourself. I join my colleagues in suggesting that you consult a personal injury attorney. A good pi attorney will consult with any other attorneys deemed necessary to explore all the facets of your case. The facts need to be investigated to determine if there is a case. The police report should be easy to obtain if it is completed. Get the help you need. You can search here on avvo in the find a lawyer link.

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  • Hit head on by a drunk driver with no insurance. I have 50k in uninsured insurance.

    My lawyer wants 1/3 and now my health insurance wants 1/3....I pay 400 a month for health insurance, why do they think they can take part of my settlement and what can I do to reduce this?

    Joyce’s Answer

    In most states, a private carrier has the right to assert a lien against a recovery received from a third party for injuries for which they paid treatment expenses. Much depends on whether the health insurer paid substantially more than what they are getting back. A good personal injury lawyer will compromise, or reduce, the lien asserted by private health carriers as part of the settlement process. Every carrier is different; every adjuster handling the lien is different. While some lawyers will brag how they reduce the liens to pennies on the dollar, I have found that it does not always happen this way in every case because of the factors I just mentioned. We do not know enough to have an opinion on the result your lawyer achieved so far, as we are not dealing with the personalities involved in these negotiations, or the amount which was paid out.

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