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Jonathan Neal Portner

Jonathan Portner’s Answers

544 total


  • If my lawyer settled out of court and did not tell me, how can I find out?

    I was in a car accident in New York where a driver ran a red light. My case has been going on for 9 1/2 years against the driver's insurance company. Last year, the case was coming to a close and my lawyer did not show up. Consequently, the c...

    Jonathan’s Answer

    Your attorney must have your permission to settle your case. It sounds like it may be time to contact an attorney in your area to assist you in investigating this matter.

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  • If I receive an award after a car accident of $250000 but I was on Medicaid way before the accident, do I have to report it? I

    On Medicaid for over 15 years. Had car accident. Awarded $250000. Need to pay people back for things from helping me. If u get a special needs trust does it have to be for the full amount of settlement less liens? Or can I pay people back and ...

    Jonathan’s Answer

    If you received this settlement through an attorney that represented you, he or she should have investigated any federal liens and made sure they are resolved. Contact your attorney.

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  • Rear ended in an auto accident but, no body damage to vehicle.

    If a person has been rear ended with neck and back injuries in a auto accident but, there is no body damage to their vehicle, will they have a problem with settling a claim or winning a lawsuit?? Thank you.

    Jonathan’s Answer

    The absence of property damage does not mean you can't make a claim for personal injuries. People are not designed to absorb impact the way a vehicle is, and people do get injured in low property damage accidents. At the same time, insurance companies and judges/juries can be skeptical of these types of claims and a low property damage accident is always an uphill battle.

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  • Do I have a personal injury claim In a car accident after 3 months.

    I was a passenger in a car accident back in Oct I believe the 27th. I did not seek medical attention right away. I did go a month later because I hurt my shoulder when the driver hit something and the car lost control. She was determined to be at ...

    Jonathan’s Answer

    Yes, you can still pursue a claim. Every state has a statute of limitations by which you must file a claim. The limit in California is two years, however, the sooner you contact an attorney the better it is for your case.

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  • Why do I have to pay bills from the money I were told I would get from a lawsuit from an automobile accident

    I were hurt by a car 2 yrs and 10 months ago my atty have not spoke to me in over a year now today I went to his office and got a big surprise and the amount he previous said I would received were different and he were not there just his office st...

    Jonathan’s Answer

    Your attorney is required by law to pay any outstanding medical bills out of the settlement. The amount that you end up with in your pocket after a settlement is effected by a number of factors, including the amount of coverage the other driver carried. You should speak to your attorney about this and he should be able to explain.

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  • How do I obtain a final judgment from a Florida court against the at-fault party of the auto accident?

    I was in an auto accident recently, and the at-fault party did not have insurance. I have lasting injuries, scarring, medical bills, and my car was also totaled.

    Jonathan’s Answer

    You would need to file a lawsuit. Frequently, the difficult part is not obtaining the judgment itself, it's executing on the judgment. If you have uninsured motorist coverage, you can make a claim to your own insurance company. If you do not have uninsured motorist coverage, you should investigate whether the other driver has any assets to pay any judgment you might obtain.

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  • In auto accident. Hit by company vehicle while I was driving my co. vehicle. Have to do workers comp or can I do regular case

    Since I was in my company vehicle and so was the person that hit me, my question is whether I am forced to do a workers comp claim for my injury or can I just tell my work "no thanks" and see a lawyer do make a regular auto accident claim against ...

    Jonathan’s Answer

    You are correct that you may be entitled to both a workers compensation claim and a regular auto claim. Both systems offer very different types of benefits. An experienced workers compensation attorney/personal injury in your area could help you decide what the best plan is for you. You should contact someone soon before any possible deadlines pass.

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  • For a car accident my friend got into. The other party's maximum insurance policy was $50000 total with $25000 per person. Does

    For a car accident my friend got into. The other party's maximum insurance policy was $50000 total with $25000 per person. Does that mean my friend can get a maximum of $25000 per person and is that after or before the lawyer & doctor gets their s...

    Jonathan’s Answer

    The maximum that any one party can obtain under this type of policy is $25,000. Any expenses and legal fees would have to be covered by that number. If there were other people injured in the accident, the total to cover the entire accident is $50,000. That means if there were more than 2 people injured, at least two of the parties would have to take less than $25,000. Your friend should contact an experienced attorney in his area to maximize his recovery.

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  • Can a dentist refuse to treat a car accident patient because they won't wait for a PIP or settlement payment?

    My niece was in a car accident and is struggling to find a dentist. They all want to be paid through health insurance instead of waiting for PIP or settlement if PIP gets exhausted.

    Jonathan’s Answer

    In many states, health care providers can choose how they want to be paid. Contact an attorney in your area and they may be able to help you find a dentist that suits your needs.

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  • In a car accident 3/25/15 and have not received property danage settlement. Insurance company (ACCC) refuses to return any calls

    In a car accident 3/25/15 have received personal injury portion of sett km

    Jonathan’s Answer

    Insurance companies are notorious for lowballing unrepresented people. Try the Find a Lawyer feature to find an attorney in your area to help you. If you were represented, you should contact your attorney.

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