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Joel W. Brodd
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Joel Brodd’s Answers

8 total

  • What can I do so that this is rectified and the woman gets what she deserves?

    I was run over twice in my driveway, reverse and then in drive. After running me over the woman left. The only thing the woman got was an operating on roadway without valid insurance. I was unable to work, had to withdraw from classes (financial a...

    Joel’s Answer

    Do you have uninsured motorist coverage with your own automobile insurance company? If so, you can make a UM claim because you sustained injuries caused by an uninsured motorist. Take a look at the declarations page of your automobile insurance policy to see if you have uninsured motorist coverage.

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  • Now since all of these new discoveries of permanent damage from Concussions, do I have a justified claim for a lawyer?

    On 01/09/2016 I was shopping at Menards Home Improvement store with my flooring contractor and while we were in the wood baseboard isle a 12 ft 2 inch thick baseboard came crashing down and struck me on the top of my head. I filed a incident repor...

    Joel’s Answer

    You have received some good advice from other lawyers. As the party making a claim, you will need to prove that Menards was negligent- they did something that a reasonable prudent retailer wouldn't do or they fail to do something that a reasonable prudent retailer would do. How and why this incident occurred are very important facts that a lawyer will have to analyze with you. The $5000 is likely apremises medical payment coverage that is available regardless of who is negligent. Most importantly, you should seek out appropriate medical care for treatment of your injuries. I have represented several clients who have had claims against Menards for injuries they sustained at one of their stores. Each case is fact specific. You should retain a competent personal injury trial lawyer to represent you.

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  • How much is a fair amount for compensation?

    Last month I was involved in a car accident, were I received a nutcracker fracture to my cuboid (a very uncommon fracture). It is really painful and I have to be on crutches for a minimum of 6 week. The surgeon told me that he couldn't preform sur...

    Joel’s Answer

    You've received similar advice from many of my colleagues, all of whom who are spot on. The answer to your question depends upon a host of factors, including how well you heal ( most physicians are unwilling to provide a formal opinion on your future until at least 12 months after your injury) and most importantly what will be your residual function, limitations, future pain level, future medical expenses and future loss of earning capacity. A good personal injury attorney will be able to evaluate all of the factors that go into obtaining fair compensation after your healing has been completed and the future consequences of your injury become known. A good trial lawyer will be able to generate a settlement offer or a verdict well in excess of any contingency fee you pay them. Hire a good lawyer now so that you don't screw up your own case.

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  • I got into an auto accident. I was t-boned, car looks totaled. I spoke to his insurance company, they're telling...

    They informed me i will be liable for 20%. i'm confused as to why i'm liable when It was never my fault at all. I'm also hurting badly from my back. I'd like to get in touch with an injury lawyer.

    Joel’s Answer

    SOP for a liability insurance carrier. They don't want to pay you 100% of anything. If you're hurt, go to your doctor and be extremely candid in describing where it hurts, how frequently it hurts and how severely it hurts. You need a good personal injury trial lawyer to represent you. That's what we get paid to do.

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  • Is there legal responsibility when I fell and suffered injuries while voluntarily helping a neighbor at his house?

    I suffered 6 broken ribs and shattered shoulder blade when I fell from a ladder. I was voluntarily helping a neighbor at his house. My insurance paid all of my medical bills. Because of months of pain, suffering and rehab, am I entitled to...

    Joel’s Answer

    In order to recover tort damages in a civil case, you need to prove negligence, causation and damages. You must prove all three phases of your claim. Negligence is generally the failure to do something that a reasonable prudent person would have done or doing something that a reasonable prudent person wouldn't have done. What did the neighbor do that he shouldn't have done or what didn't he do that he should have done? Who set up the ladder? Was it the proper type of ladder to be used in this application? Should scaffolding have been used rather than the ladder? Was the ladder in good working condition? Is there a defect in the ladder that caused your fall? I've handled a number of these cases and they are all fact specific, so I can't answer your question. You should seek out the services of a competent trial lawyer to evaluate your potential claim.

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  • Should I send the material in to the claims adjuster?

    Insurance company contacted me regarding ingesting plastic in a sandwich I purchased. They requested photos of the material and my injury. Now, they are requesting the actual material be sent in to he claims adjuster. I stated I was not comfort...

    Joel’s Answer

    I never want a potential client to hand over physical evidence to an adjuster. I can hear the response when you elect to pursue formal litigation, "where is the plastic substance that you claim was in the sandwich?" "We never received any evidence from you, etc." Seek out a competent attorney to represent you.

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  • Uninsured vehicle in an accident

    My boyfriend's truck was totaled in a recent accident, and was uninsured. Nobody else was involved. It was due to bad road conditions from the severe weather. He was following the flow of traffic, and was going more than 10mph below the speed limi...

    Joel’s Answer

    Michael's answer is spot on. If he damaged other property, he's responsible.

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  • Should I accept an offer of $33,000.00 when my expenses totaled $20,599.00 for medical expenses? This is their final offer.

    My car had been totaled and it cost me money to keep my car. I will need either massage or chiropractic going forward to keep me out of pain. I am nearing the 3 year anniversary date so need to file suit or accept their offer.

    Joel’s Answer

    To provide you sound legal advice to answer your question, a competent trial lawyer is going to need a lot of additional information including a thorough review of the facts of the crash, property damage coverage, medical payments coverage, amount of treatment bills to date, who paid the bills, amount outstanding, prior medical history, treatment history for injuries caused in this crash, final opinions from your treatment providers, what communications you've had with the adjuster, subrogation/reimbursement etc. etc. etc. I'm sorry, but trying to evaluate your settlement offer without this information would be similar to a Dr. trying to determine your blood pressure without an exam. You really need a competent personal injury lawyer to properly evaluate your claim.

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