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David Joseph Kupets

David Kupets’s Answers

5 total

  • Slip and fall at mcdonalds

    I slipped and fell on a wet floor without a wet floor sign at McDonalds. It has been almost a year and I continue to have pain in certain locations of my back and in my left hand. I have trouble sitting, standing, walking, driving, etc. at times...

    David’s Answer

    First of all, these types of cases have a time limit which is called a statute od limitations. That is the time in which you have to file a claim or you may be barred from any further right to pursue the matter. Those time frames differ from state to state and depends on the type of case it is. Therefore you should try to find an attorney as soon as possible to help you with this.
    Second, it does not surprise me that McDonalds has not made an effort to resolve this case with you. That does not mean that you don't have a case it's just that they are very litigious and defend a great many of these kinds of cases. In other words they are unlikely to settle this matter with you. Besides there are often different entities that maybe responsible for a given McDonald since they are usually franchises and you have to be sure to have the right parties involved.
    In terms of their liability, you haven't given enough facts. how was the wet floor caused, was it there long enough for the employees to have notice of it, did an employee create the wet floor?? these are just some of the questions that need to be anwered. How much your claim may be worth is alson a question that needs alot more information. It depends on what injuries can be related to the fall by someone competent to testify to that such as doctor.
    Your best advice is that you need to get a lawyer who does this kind of work in your locality.

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  • What will happen if i was in an accident without insurance and with a suspended license?

    my license was suspended 2 years ago and i was able to get it reinstated i just didnt. then i got in an accident what will happen to me?

    David’s Answer

    The fact that you were driving on a suspended license when you were involved in an accident is the only relevant fact that the court is likely to look at. The fact that you were able to get your license reinstated is not relevant because you did not get it reinstated and therefore the effect on what the court is likely to do is the same. The judge could infer from your conduct that you were driving the whole time your license was suspened since you did not try to get it reinstated as soon as you were eligble. Therefore I would expect that your driving priviledges will be further suspended for that. You also have a problem regarding the accident and you liabikity for the property damage and any injuries that resulted if the crash was your fault. The insurance co. for the vehicle you were driving are likely to raise the issue that since your license was suspended you should not have been driving the auto and any resultant damage or injuries are not covered by the policy. If the crash were the other driver's fault that doesn't mean he walks away from responsibility for you damage or injury. Eihter way, it's important for you to get a lawyer who can handle you traffic court issues and you may need another lawyer to handle the personal injury/ property damages issue.

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  • I gifted my car to my daughter. Before I could have the title switched into her name, she had an accident totaling the car.

    Two weeks after the accident, I was informed that she had let the insurance coverage laps. She was able to get a sticker from DMV for her tag and was under the impression the insurance drafts were current. Now the other party of the accident is ...

    David’s Answer

    Your question is confusing and does not provide enough information. Did you cancel the insurance on the car after you sold it to your daughter, if no then your policy should still have been in effect. If yes, then you should have made sure she had insurance before giving her control of the vehicle. In most jurisdictions, it is illegal for an owner to allow their vehicle to be driven without insurance. In order for them to make you responsible they wouild have to file a claim against you or have you agree to make payment to them in lieu of them suing you under the laws of your state. If they have already caused your license to be suspended, it sounds as though you need to contact a local lawyer to protect your rights- or if you had insurance then you need to contact them about getting a lawyer. Whether you daughter is laid off and not living with you is not going protect you or her from being sued.

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  • In a 3 car chain reaction. What is my liability, options?

    I was in a car accident where Car 1 stop short and Car 2 ran into the back of Car 1 whereby resulting with me Car 3 running into the rear of Car 2. Car 1 drove off without exchange of information. Car 2 and I Car 3 remain until police arrive and...

    David’s Answer

    In illinois all drivers have a duty to maintain control of their vehicles and to keep a proper lookout. If a car stops suddenly, generally the rearending vehicle is at fault. That applies to each vehicle in a chain reaction. In other words the 2nd vehicle will be resposible to the 1st vehicle; the 3rd vehicle will be responsible to the 2nd vehicle ( and possibly the 1st vehicle as well if their impact caused more damage to the 1st vehicle or its occupants). Whether someone was injured and the injuries were caused by the crash is ultimately a question for a judge or a jury to decide. So if someone later files a suit that was not complaining at the accident scene, they will have to have medical proof to substantiate that in court. They can take up to whatever the applicable statute of limitations to file that claim and serve you. Regardless of what happens , you should notify your insurance company of the accident as soon as possible and send them any letters or court documents you receive since you may invalidate any coverage you have if you fail to do so.

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  • My son stole a car and crached it . and the keys were left in car and women who owned the car had no insurance . who is at fault

    My son stole a car crached it. the car he stoled had the keys left in it and the owner on car has no insurance on it . who is at fault him or her. she is trying to sue me for the damage ...

    David’s Answer

    Your son is responsible for the damages he caused but unless there is some statute where you live that makes a parent liable for this kind of conduct, then you should not be at fault. You did do anything to cause the crash. Depending on your child's and the state that you live in, there may be some affect on any criminal charges that may be brought against your son. The fact that the keys were left in the car has nothing to do with the disposition of this case as you described it. It may be a relevant fact if some third party were injured in the crash. Your son should probably talk with a lawyer.

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