Skip to main content
Mark M. Bello

Mark Bello’s Answers

69 total

  • What can we do to defend a lawsuit brought by former landlord or alleged damage to rental property

    Our previous landlord is suing us in NJ Civil Court for damage he said was done to his house and for vacating without proper notice. We gave him approx 32 days notice. Most of the damage he took pictures of were there prior to us moving in. This w...

    Mark’s Answer

    You need to defend the lawsuit. If it is in small claims court, you can do this without a lawyer. Simply file a document called an "answer" which you should be able to pick up at the courthouse and either fill in the blanks or write your response (usually, 'denials' to each paragraph of his complaint) one allegation at a time. If it is not in small claims court, you will have to hire a lawyer (or try legal aid-if you qualify); unfortunately, the cost of the lawyer might exceed the cost of settling the lawsuit. If you don't defend, he will get what is called a default judgment and he will be able to pursue yor for collection on the judgment. Good luck.

    See question 
  • KY civil procedure, personal injury lawsuit, damage to personal property

    i rent from a man and have a tree in the front yard that is dead we have lived here since feb 2004 and its never had a leave the wind strom the other day made part of the tree come down on my truck the landlord says its not his responsiblity which...

    Mark’s Answer

    I do not practice in Kentucky, so I would advise you to obtain the opinion of a KY attorney. Under general legal principals, both you and your landlord could be held responsible; you as a possessor of the land and the landlord as the owner. Your lease might govern who is responsible for these types of events; both you and your landlord were on notice of the danger and neither of you did anything about it.

    See question 
  • Personal injury, premise liability

    while walking through a local mall I was struck in the eye by a bouncy ball. I filed a report with mall security and went to the emergency room where i discovered that i suffered a subconjunctival hemorrhage, corneal lesion, and iritis. My questio...

    Mark’s Answer

    I agree with Phil, who I know to be a fine, experienced, attorney. The boy and his parents would be responsible and their homeowners insurance carrier could have coverage if the boy's conduct was accidental (or negligent) rather than intentional. If this kind of thing goes on at this mall all the time, the owners of the mall might be held responsible for their negligent inattention to these incidents. I agree that it would be wise to try to obtain the security tape. Remember, it doesn't matter that the mall didn't know about the conduct; as Phil said, it matters if they should have known about it. They are also liable if they actually knew about it and did nothing to prevent it. You need a Michigan attorney and Phil would be an excellent choice.

    See question 
  • 07.06.09:My adult son has been the victim of 2 WRONGFUL ARRESTS in 2008! Would this be a "Personal Injury" case or "Civil" case?

    My adult son was a victim of not 1, but 2 WRONGFUL arrests in 2008! The 1st was DISMISSED! The 2nd one is STILL ongoing! It has been 9 MONTHS that he has been in Jail, prison and now on house arrest for something he DID NOT Commit! The first one...

    Mark’s Answer

    It doesn't matter what you call it; if your son has been exonerted on the first charge and, assuming he will be, on the second charge he has two separate causes of action for wrongful arrest and imprisonment. All of your expenses, all of his lost earnings, pain and suffering, loss of freedom, all of it is recoverable. While most of your claims are federal in origin, it is best that you obtain an attorney in your city and state. If you need help finding one, call the California Association for Consumer Advocates or, go to www.lawsuitfinancial.com and click on the attorney referral icon on the website. They will hlep you find an attorney in "your neck of the woods". Good luck to you and your son

    See question 
  • My parked car was hit by a Stolen Car but the owner reported the Car stolen After the Accident.

    My parked car was hit by another vehicle. The Car fled the sceen. Fortunately my husband and neighbor witnessed the accident and where able to see the color and type of car. The car was found a block away with no one inside and lights flashing....

    Mark’s Answer

    The answer would depend on your coverages, whether the car was really stolen, and whether NY law requires insurance companies to pay collision claims as the first party insurance carrier (yours) or as the 3rd party carrier (the car the hit you). Search this site for a NY lawyer or pull out your yellow pages and call a personal injury lawyer in your area for the answer. In my state, Michigan, your own carrier would pay collision coverage, subject to your deductible and you may be able to get the deductible waived or repaid. I do not know how the NY system works, but the local lawyer will. Call him/her, right away.

    See question 
  • Personal injury Semi vs Pick up truck

    Was hit by semi. Deamed semi fault. Damage to our pick up and I went to ER later for brusing to collar bone, and sore neck/shoulder. Not able to repair with new parts or it would total the value. Got estimates from 3 places for repairs on truck...

    Mark’s Answer

    As David and Guy indicate, insurance companies will try to save money everywhere they can. They may act like a "good neighbor" or tell you that you are "in good hands", but this is marketing, not truth. In truth, the insurance company is your adversary in pursuing a claim or a lawsuit; they are the enemy.. My strong advice is that the only step that you can take to even the odds and put some expertise on your side is to retain an Indiana attorney who specializes in these types of cases. You can find one in Indiana by search this site, calling the Indiana Association for Justice, or, my company, Lawsuit Financial, has a free attorney referral service feature on its website, located at www.lawsuitfinancial.com. However you decide to find one, I strongly urge you to retain a lawyer and battle the insurance company on even terms. I would also urge you to reconsider making statements like "just bruised up and sore" and "son and husband were botrh fine". Injuries can sometimes manifest themselves later on and you will be caught on record saying you were "fine". This could lead an insurance company, judge or jury to believe that your medical issues are unrelated to the accident, even when they were. Until you are sure that you and your family are "fine", stop saying it.

    See question 
  • What can I do if the auto dealer and manufacturer refuses to honor car warranty

    I live in De bought a car a year ago, there has been problems with the body of vehicle, there is a full warranty and extended warranty on vehicle. Company refuses to fix some areas on vehicle claiming its parking lot damage, which there is no reas...

    Mark’s Answer

    Call the State Bar of DE and ask them to refer you to a consumer rights attorney. In some states, there is a 'lemon law' or vehicle warranty/repair law that your situation would fall under. I'm not sure what the laws are in DE. The other option is to notify the state's attorney general and see if they are willing to assist.

    See question 
  • Just bought a car no insureance in a five car pile up what are my options?

    I bought a car monday from a dealer that did not reqiure me to have insurance to drive off the lot. on that saturday as i was on a road trip i hit a car on the freeway that had just hit another car. the oficer did not write me a ticket but did tel...

    Mark’s Answer

    You should go see a WA attorney who specializes in these types of cases. There may be liability to the dealer for letting you leave without insurance, but that does not excuse you for not having it. The fact that you have limited collectability, no insurance, and questionable liability in the case should work to your advantage, but you should have had insurance and you must seek local legal advice.

    See question 
  • What does someone do if their personal injury lawyer doesn't seem to be doing their job?

    My fiancee and I where in a car accident in January. He was hurt in the accident and hired a personal injury attorney to make sure he will get his medical bills paid for because he did not have any medical insurance and he couldn't afford to pay t...

    Mark’s Answer

    Mr Lundeen is certainly correct with the advice provided, but I have found, in 33 years of practice, that a face to face meeting with the attorney and an airing out of your concerns is the best relief before taking the rather drastic steps he suggests. There are certainly plenty of lawyers out there looking for cases and you shouldn't have a problem finding another one, but I would try to set up a meeting with the lawyer who you claim has no time for you, and if she refuses an appointment, it was her decision to let you go to another attorney.

    See question