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Adam C Kent

Adam Kent’s Answers

122 total

  • Can you sue a grocery store if you slip and fell on water in the store resulting in surgery?

    I would like to know if a person slips and fall in a grocery store due to a water spill resulting in surgery and months of rehabilitation to walk would there be a legitimate case against the store?

    Adam’s Answer

    This question is more complicated than it would seem. Certainly you can sue, the question really is, is there a viable case/claim. Just because an injury happens at a business location does not mean said business is liable for those damages.

    You must be able to prove some degree of negligence on the part of the store. These cases tend to be difficult and extremely fact intensive. My office frequently reviews and handles cases like these, but one of the largest obstacles we face in most of these cases is the 'intervening third party defense.' That is, the store claims they operate a safe business with safe protocols and inspections in place; and for your particular incident, some other store customer spilled the water right before you fell and before the store was aware of it.

    As I stated, they can be extremely difficult and there are many fact specific inquiries an attorney would need to make on your behalf. In that regard, you should contact an attorney to discuss the specific facts surrounding your incident immediately.

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  • Who pays for motorcycle damage,other parties property damage/injuries,son's injuries,Impound fees,lost wages,

    Son and friend were drinking. Son asked to take motorcycle for a test ride. Friend granted permission. Owner of bike is over 21, my son is 20. My son does not have motorcycle endorsement, but has valid drivers license. Son does not live at home, l...

    Adam’s Answer

    This is by no means an easy question and will likely be heavily dependant upon witness statements. The reality is that the insurance companies are generally looking for any excuse to get out of paying, and based on the info you've provided, there is plenty of amunition. It's not an easy case, but it does sound like your son has a few claims that should be pursued on his behalf. The best thing he could do is contact an attorney NOW before he makes any statements.
    As stated, he does have a case, but needs to get an attorney who is accustomed to winning tought ones like this immediately.

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  • What would a suitable settlement offer be?

    I was t-boned on the drivers side of my vehicle after the other party ran a red light. Driver did not have a license but does have insurance. I am almost certain she was texting and driving but she was not cited for that although phone records sho...

    Adam’s Answer

    $2,000.00 likely will not even cover your trip to the ER. Even if the visit was covered by your health insurance, being in law enforcement makes it extremely likely your health insurance will be able to subrogate (take back) the money they pay for treatment out of that same $2,000.00 settlement, leaving you injured and with zero financial recovery. There is a reason this offer was made to you out of the gate, it's likely far below the total case value and will save the insurance company money.

    It's far too early to resolve this case with so many unknowns out there. Consult with an injury attorney now. Even in cases which appear straight forward at the onset, delays in retaining an attorney often result in problems down the line. You have one chance to handle this case correctly, don't go it alone.

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  • Should the second check by considerably lower than the first or should they be the same?

    I got hit (not that bad) but my car was declared total lost. I kept the car and a week later i got hit even harder (i got injured) and the car was declared obviously total loss again. I got paid for the first hit but still waiting for the second p...

    Adam’s Answer

    Regarding the property damage, the check from the second collision will likely be much lower, however there still will be an additional loss incurred by that subsequent damage.
    Though you did not pose the question, you should be very concerned about your injury claim. Insurance companies are in the business of making money, NOT BEING FAIR. Even though you are dealing with the same third party insurance company for both collisions, there are instances where each will point the finger at the other collision in an attempt to preclude your full recovery. For example MVA #2 Adjuster may claim MVA #1 is responsible for 20-30% of your injuries; MVA #1 Adjuster accepts zero responsibility for your damages. Result- you only recover 70-80% of the low value the insurance company places on your claim. Seems impossible, irrational, and unfair. And it happens all the time. That is one of MANY pitfalls that the unrepresented party faces.
    Do yourself a favor and contact a personal injury attorney to handle this for you BEFORE any damage to your case. The consultations are free and the prudence of hiring an attorney now will no doubt prevent numerous headaches and hurdles down the road.

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  • How do I get more treatment and where do I go?

    I was in a car accident a week ago. The other driver pulled out of a drive way and I was driving in the center lane. We hit head on I was going about 25-30mph and he was going like 5mph. I went to the hospital the next morning due to chest, neck a...

    Adam’s Answer

    You need to act quickly.
    Getting the appropriate medical care should be your priority, this will also assist in documenting your case to avoid baseless arguments of gaps in treatment or causal relation disputes by the adverse insurance company. Lack of health insurance will not be an issue in obtaining the care you need IF you promptly engage a personal injury attorney to assist you. Many personal injury firms like us have contacts with numerous types of medical facilities and can help you acquire the medical care you need without any upfront cost to you!
    But again, the imperative portion is that you contact an attorney for assistance IMMEDIATELY.

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  • Demand letter? How do I write one?

    I am handling a personal injury claim on my own and from what I have researched, I need to write a demand letter. Is there somewhere online I go to get help with this? Or get advice on how to write one? I have all my medical records and bills alr...

    Adam’s Answer

    Handling a legal claim on your own is akin to doing your own dental work, expect similar results.

    Demands letters can range from extremely basic to very detailed and everything in between. Though the letter itself is relatively inconsequential compared to navigating the legal hurdles through the process; and the you should expect the insurance company to intentionally lead you astray.

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  • Will I still owe since I settled through eeoc after he withdrew. ? And how would he find out that the case settled

    I hired an attorney on a limited scope flat-fee contingency basis of 40% in the case of a settlement in a discrimination retaliation claim through the eeoc ,my attorney withdrew from my case two days before settlemet The form from when I original...

    Adam’s Answer

    Most contingency fee agreements contain a separate portion which addresses whether a fee is owed in the event of early termination; and in fact most agreements do provide for a fee calculation in this scenario. You should review your documents as at the time of termination it is common for the attorney to advise in his withdrawal letter to either you or the adverse party whether or not he is asserting a lien against the proceeds for his services.
    Practically speaking though, unless you were the cause of the attorney withdrawing, the vast majority will not seek any attorney's fees from the settlement you ultimately obtained.

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  • Would this type of case typically side in my favor and would my former employer be responsible for my legal costs if he loses?

    I recently quit my job at the end of January while still being owed a bonus of $20K for the prior year. My employer has made it clear that he does not intend to pay me the bonus because he referred to it as "discretionary" in an email. However, th...

    Adam’s Answer

    You should IMMEDIATELY seek out an attorney for this matter. If your employer failed to pay a bonus you were entitled to, you may recover treble damages, that's THREE times the value of the unpaid bonus; in ADDITION to your attorneys' fees!

    These cases tend to be extremely detail and document specific. Given the amounts involved you should definitely seek counsel immediately!

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  • Is there a high probability that an insurance company would try and claim equal blame?

    Me and my friends were driving down side streets at the speed limit. This girl has a stop sign runs it and when she sees us she speeds up does not pause for a second at the stop sign and t-bone her. It looks like she has bad insurance and we want ...

    Adam’s Answer

    Short answer, the other driver's insurance will try to pin as much liability on you as they can get away with. They're only interest is saving money by avoiding paying it to your and your friends and will use all means to do so. You should not be speaking with ANYONE from the insurance company and definitely do not make any statements concerning the collision. They are looking for information and angling questions/responses in order to determine ways NOT to pay on your claims.

    Contact an attorney to represent you immediately. They stand between you and the insurance company to ensure your case is handled right.

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  • Is a portion of the liability actually the city or maintaining entity of the roadway?

    I was involved in multiple car collision in an area that that happens very frequently, significantly above average, without warning signs.

    Adam’s Answer

    Possibly, but unless the injuries and damages are very substantial, it is likely uneconomical to pursue that type od claim due to the high expense of experts which would be needed. Best is to have an attorney thoroughly evaluate the best method for obtaining compensation for your case.

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