Your “Ask Us” responses

Your legal questions answered by the experts of Carter & Valle Law Firm. 

The following questions were from a live chat held June 24, 2010

Richard Valle: I'm Richard Valle with the law firm of Carter & Valle. I have been a lawyer for almost 20 years. I practice in the areas of wrongful death, personal injury, malpractice, and insurance bad faith. That means I sue people or corporations when their actions hurt or kill someone.

Injured people frequently ask whether they need a lawyer. Insurance companies process claims every day. You are probably a pro at your job. You know how to do your job, whether you are a plumber, painter or poet. An experienced injury lawyer can't help you be a better plumber, painter or poet, buth they can help you with the insurance claims process. Insurance companies don't follow simple rules like paying you 3 times the medical bills. Unless you want to accept a first offer from an insurance company, you probably need an experienced lawyer. An experienced lawyer will also tell you when they can't help you.

The next most frequent question injured people ask is if they should sue someone. If you are unhappy with an insurance company's "final" offer, you then have to decide if you want to file a lawsuit. When you sue someone, you are opening your life up to be judged by others, usually a jury. You shouldn't go through that process alone. An experienced lawyer can tell you the benefits of filing a lawsuit as well as the risks.

Question: Good Afternoon, in a personal injury case-can monetary damages due to loss of work time etc. also be asked for?

Richard Valle: thanks for the question. I was busy typing while waiting for your questions. Yes. You can recover all damages you can prove. lost wages, lost earning capacity for future damages, and other damages can all be claimed. You can recover whatever you can prove.

Question: If my adult child is injured - due to domestic violence - could a personal injury case be brought against the party responsible for the injuries?

Richard Valle: Collecting for such a claim may be difficult. Many insurance polices don't cover intentional acts. There will be any issues to consider before you file such a claim.

Question: part 2 of question: Would my adult child have to file or would us her parents file a case on her behalf?

Richard Valle: Generally an adult must file suit in their own name. If you are the legal guardian for the adult, or if you have a power of attorney, then you could file suit on behalf of your adult child.

Question: My uncle died due to injuries sustained from a car accident that wasn't his fault. No charges have been brought against the driver that killed him. Could a wrongful death case be brought agains the murderer? And if so could it be any family member?

Richard Valle: I'm sorry about the death of your uncle. Yes, a wrongful death claim can be brought, The beneficiaries of the claim are set by statute. You could bring the claim if no one else in the family wants to bring the claim, but the beneficiaries are still set by statute. There does not have to be criminal misconduct in order to bring the claim.

Question: I had a root canal and crown done by a dentist, and she didn't use enough sedative, so the whole procedure was really painful. Then the whole thing got infected. I had to have the root canal re-done and the crown replaced. Is there any course of action I can take against the Dentist?

Richard Valle: You may want to start by talking to the dentist. It costs a great deal to bring a malpractice claim. Unless there are permanent damages, if may cost more to bring the claim than you can recover. Your dentist might adjust (reduce) his charges if you ask.

Richard Valle:  Thanks for the great questions. I look forward to coming back. Sorry about any typos.