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David Weissman
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David Weissman’s Answers

52 total


  • If I have proven that a caused a slip in fall due to a mopped floor with a inadequate wet floor sign do I still have a claim?

    I feel about 6 months again in a office supply store. The floor was mopped and was a very dark dark blue color tile file they mopped the floor and I fell the sign not placed correctly and there was only 9ne signed but didn't notice until I was wa...

    David’s Answer

    Slip and fall cases are challenging to the extent that the defendant almost always denies responsibility. There are a number of factors to analyze to determine the likelihood of success. In your particular case, it will be important to determine why you did not notice the wet floor sign. Was it hidden, improperly placed, etc. The best thing for you to do is contact a personal injury attorney and have an in depth conversation. It will not cost you anything. In light of the severity of your injuries, it is well worth evaluating the likelihood of success.

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  • Can I file a claim for his injuries?

    My son slipped/fell at a business due to a wet floor from rainy conditions. No wet floor signs were displayed upon entry & on the way out he fell on the exposed floor that was not covered by the rug. After a urgent care visit & xrays it was discov...

    David’s Answer

    Yes, you can absolutely file a claim for your son's injuries, assuming he is a minor. If he is an adult, he would need to do so on his own behalf. In a case such as this, you would need to establish that there was a dangerous condition present, the business knew or should have known about it and it wasn't open and obvious to your son.

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  • Running up those medical bills!!

    I had a friend once tell me, that if you are injured and the at fault party has liability insurance, that the more the injured party runs up the medical bills, the more money that this person is likely to receive for their pain and suffering. If a...

    David’s Answer

    I would agree with the other attorneys' answers. I would add on a thought about the value of pain and suffering. The simple numeric amount of the bill has far less impact on the amount of pain and suffering than the impact the injuries have had on one's life.

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  • What can we do about this vicious dog attack?

    A family member was attacked by a pit-bull at his girlfriend's house(they are both minors). He was standing on the porch as the girlfriend was entering the house, and the dog ran through the door and attacked his face which resulted in over 80 sti...

    David’s Answer

    You have received excellent answers from the attorneys who have already responded. I strongly agree you need to hire a lawyer to assist you with this claim. In the meantime, you should not discuss this matter with anyone. Most all personal injury attorneys offer free consultations. Take advantage of this and learn what your rights are. I would recommend you interview several attorneys and determine which one is the best fit.

    Best wishes in this very difficult situation.
    Dave

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  • Do I need to see a Tennessee lawyer or a Florida lawyer?

    I had a slip/fall accident while stepping off dock into a boat about 4 feet that resulted in surgery and loss of my job and I have permanent damage to the leg . I live in TN and it happened in FL while on vacation.

    David’s Answer

    As an attorney who is licensed both in Tennessee and Florida, I can tell you there are definite differences in law between the two states that will need to be considered. Additionally, in light of the location of the incident, your case may be governed by laws other than personal injury. This includes admiralty and maritime laws. I would think this likely would require an attorney who knows both Florida law as well as Tennessee medical providers. Ideally you would want someone who knows both.

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  • Personal Injury Case Can i hire a lawyer now?

    I had a an accident and it was clearly other party's fault and i sent a demand letter to insurance company and now they are offering me very very low amount. I have had several phone conversations with them and i am really not happy with the ...

    David’s Answer

    You not only can but should. For a variety of reasons, it is never a good idea to try to handle a case on your own, just like it would not be a good idea for me to try to fix my own plumbing. I have attached a couple of links to blog entries that will explain in detail why you need a lawyer and how to pick one. With the right lawyer, I trust things will work out fine. I hope you feel better.
    http://www.hollinslegal.com/2013/10/07/how-to-pick-car-accident-lawyer/
    http://www.hollinslegal.com/2013/10/14/5-things-to-do-injured-in-car-accident/

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  • I was rearended by a woman who had no driver license at the time she said she left them home.she went to jail .

    The car she was driving was her mother-in-laws car and she had liability on her car.But the driver told police another car ran her into my car.But the only damage was to the front of her car where she hit me.The insurance company denied my claim b...

    David’s Answer

    There are a number of interesting issues you raise. The scenario involves questions of uninsured motorists, phantom vehicles, permissive users and liability. In short, it is not the routine rear end collision. Unfortunately, a thorough response requires more space than I have here.

    Find a qualified personal injury attorney in your area and get a consultation.

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  • Any suggestions to find an attorney willing to take a "small" PI case in Nashville/Smyrna/Murfreesboro, Tennessee?

    We were in an accident that totaled our car. The other driver was a fault, but quickly changed his story (he ran a red light, we hit him, he now claims we ran the light. No witnesses, no traffic cameras). The police report notes him at fault fo...

    David’s Answer

    It would be almost impossible for an attorney to determine whether to take a case based on this little information. However, most attorneys, myself included, will offer free consults to discuss your claim in detail. I would note, as an aside, that you need not characterize your case as small. I am quite certain it is not small to you. If an attorney agrees to represent you, he should treat your claim with the same level of diligence as he would any other claim.

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  • My car was hit by a fire truck while I was driving down the road do I have a lawsuit?

    I was driving down the road on my side of the road when a fire truck came driving down the other side and tried to turn into the fire station (No emergancy lights were on it was an off duty fire truck) when they turned to wide and hit the back end...

    David’s Answer

    I would add only one thing to the other responses. When retaining an attorney, time is of the essence. The sooner you do it, the better. Make sure you thoroughly vet the potential attorney in terms of expertise and experience. You may likely want to interview a couple to make sure you find a good fit.

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  • A truck hauling road equiptment hit me from behind totaling out my car and injurying my back. Should I accept their offer.

    When it happened I was turning in my driveway. I have not been able to work since it happened

    David’s Answer

    It is impossible to give you a good answer to this question in light of the information included. However, you should never resolve a claim until you know the extent of your injuries. Further, in light of the serious nature of this incident, you certainly should consult with an attorney. Almost all personal injury attorneys will meet with you without charge or obligation. In doing so, you will be able to get a good understanding as to what is involved with this type of claim. In the meantime, do not give any statements to the insurance company represenatives until you speak to an attorney.

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