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How do I figure out who is responsible for such an injury?
This will often require a detailed investigation by an attorney experienced in such cases. We have represented a number of individuals who have been injured or even attacked at various hotels, malls, and even their own apartment complexes. Companies and individuals that operate such premises are required to do so with an eye on potential harm that could come to their patrons. We routinely see apartment complexes where the management knows that criminal activity is taking place there and does not warn their own tenants and guests of their tenants how to avoid being a victim of such a thing. Similarly, many area malls can be magnets for criminal activity. The mall owners know this, often the merchants know this but the shoppers are exposed to this without warning.
What other kinds of premises cases are there?
We have represented many people in premises cases including swimming pool injury cases, attacks on hotel guests and visitors, collapsing wall and ceiling cases, and even cases at big box stores where large heavy objects fall off the shelves and severely injure shoppers and their children.
The pool we were at had a lifeguard but he was not paying attention, how does this affect things?
One of the most significant problems we see in swimming pool cases involves lifeguard training and attention. The mere fact that a lifeguard was on duty does not mean they were engaged appropriately in life-guarding. If a tragic incident occurs at a pool where a lifeguard was present it is important to determine whether others at the pool were aware of the lifeguard’s inattention.
Whom do I bring such a claim against?
Sometimes the mistake is with the pharmacy and other times it is with the doctor or his office. Figuring this out can often be puzzling and it is essential that you obtain an attorney who is experienced in such matters.
I had a terrible reaction to a prescription, does this mean I have a claim?
The mere fact that you have had a terrible reaction to a prescription does not guarantee a successful claim. Many modern day medications have known side-effects. Some of these side-effects only occur in a very small group of people. Analyzing such a claim requires an attorney sophisticated in such matters.
I often see on TV ads for lawyers who say they represent individuals who have been prescribed specific medications. I have been prescribed this medication, does this mean I have a claim?
You may or may not have a claim. An analysis of this question will require a focus on the circumstances under which you were prescribed the medication, the dosage you were prescribed, whether or not you have other prescriptions or health factors which would make this prescription ill advised and a host of other considerations. It is important that you consult a lawyer experienced in such cases so that a proper analysis to present your claim can be made.
Who can I make a claim against if I am injured while riding on public transportation?
Generally speaking, if you are riding an Amtrak train the claim should be made against Amtrak, if you are riding a Metro or MARC train against Metro or MARC, and if you are riding a Metro bus against Metro. Each of these entities is owned or operated by governmental authorities, and the rules for making claims against them are quite specific and consequently the need for an attorney experienced in making such claims is important. Please contact Clark & Steinhorn if you have such a claim.
I was riding a Metro bus which stopped suddenly because a car turned into its path, do I make a claim against Metro, or against the other driver?
These claims require detailed investigation in order to determine how best to pursue your claim. Even if it appears that the conduct of the bus driver was appropriate from your observation, it may well be that their violation of Metro rules and regulations or ordinary rules of the road would permit you to make a successful claim against Metro. Such cases require a timely and thoughtful analysis in order to be pursued properly.
I was contacted by an adjuster from Metro/Amtrak/MARC and they said they would take care of everything, why should I get a lawyer?
As in all such injury cases, the insurance companies and transit companies try and get out ahead of claims in order to minimize the amount that they pay for such claims. Unless you have experience pursuing these claims, it is very difficult to accurately understand what fair compensation should be. Further, there are often deadlines and notification requirements for claims against governmental and quasi-governmental entities. Failure to make appropriate notification of the right entity can take away your ability to make any claim. It is important to contact an attorney who is experienced in such matters to ensure that all proper notifications are made.
I do not know why the Amtrak train derailed, how could I possibly make a claim?
Train derailments while infrequent cause many injuries. As a consequence, detailed investigations are performed of such things by the appropriate governmental authorities. Accessing this information and participating in the investigation can be a valuable tool in assisting your attorney in developing your claim.