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Questions Answered by Tim Akpinar
1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Florida on
Q: Does someone have grounds for medical malpractice if the cause of death was not caused by surgery?

The patient had foot surgery, was in a care facility where they were supposed to have physical therapy and heal, stayed longer because of podiatrist's orders, wasn't until patient was taken to next podiatrist appointment that the doctor noticed she wasn't well and they called... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Florida attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of the patient. Based on the brief post, attorneys here could agree with you that closer observation could have been a factor. But the most definitive way to answer your question... View More

1 Answer | Asked in Criminal Law, Personal Injury and Elder Law for Wisconsin on
Q: Can I be held criminally responsible for the fact my mom's prescription expired and wasn't refilled?

My mom recently was moved into a nurs hm to recover from pressure sores. She has been taking 2 meds to handle diabetes. These were refilled as needed by the facility she was living in. When she moved to the nursing home, one of those RXs expired and was not refilled. That happened 2 months ago.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. In general, the short answer is "no," unless there was some kind of formal caretaker relationship established. And it doesn't sound like a situation of abuse or neglect; it sounds like an innocent... View More

1 Answer | Asked in Car Accidents for Alabama on
Q: If a car is pulling out of a parking spot frontward and 90% in the traveling lane and a car backed into them whoa fault

Car was pulling leftward frontward out of parking spot and was 90% out of parking spot when a car in a parking spot infront of them started backing out when he was 90% out of parking spot (back out to the left to travel in same direction, who is at fault?

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

An Alabama attorney could advise best, but your question remains open for three weeks. These types of cases can be difficult in terms of apportioning liability. The larger insurance carriers sometimes have examiners that specialize in parking lot settings. They generally look at available... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I am pursuing a hernia mesh lawsuit regarding my initial mesh implant surgery I had a year ago.

I had the mesh implanted Jan 20th 2023 and had it removed March 4th 2024. Part of my intestines had to be removed since the "Bard" brand mesh eroded my intestines. I have had extreme pain and stress cause by the initial surgery as well as the corrective surgery. What % do attorneys... View More

Tim Akpinar
Tim Akpinar
answered on Mar 27, 2024

I'm sorry for your ordeal. As my colleague states, 33% to 40% is a usual ballpark. Each firm could have its specific conditions (for instance, percentage depends on whether placed into suit, etc.). In terms of victim awards, that could depend on damages and other factors, which is something on... View More

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1 Answer | Asked in Car Accidents and Criminal Law on
Q: I was a passenger in a car accident do I get charged aswell

The driver uses the car everyday and his parents doesn't use the car, he drives the car and told me to drive with him and after the accident happened his parents now wanna lay a case saying we stole the car because they are still paying the car and are having problems with the insurance so... View More

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2024

Find out who's being charged. You're correct in posting under Car Accidents, but attorneys in that category usually limit their work to the civil end of the case (money damages for injuries). Your question is about the charges, and criminal defense attorneys are going to know more about... View More

1 Answer | Asked in Estate Planning, Probate and Personal Injury for Arkansas on
Q: What kind of will does one need who has mesothelioma

My brother in law was diagnosed with lung cancer and he was advised he needed to make a will so that any litigation will go on in the event of his passing before a settlement is reached

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2024

An Arkansas attorney could advise best, but your question remains open for a week. You may want to repost and add Probate an Estate Planning as categories - attorneys in those areas of practice would probably have greater insight than most average personal injury firms into what provisions would be... View More

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: I wonder if I appealed to District Court from Small claims, can I raise the amount of reward from 10K to 25K

Appeal was based on excusable neglect and the matter: damage done by surgeon's negligence res ipsa loquitor

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2024

A North Carolina attorney could advise best, but your question remains open for a week. Nationwide, there are usually provisions to remove cases from small claims to higher courts. You could consider trying to set up a no-obligation/free initial consult with a local attorney to review the matter... View More

1 Answer | Asked in Health Care Law, Personal Injury and Workers' Compensation for Kansas on
Q: Can my health insurance carrier legally compel me to file a workers compensation claim for my workplace injury in Kansas
Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. Although you're awaiting a response, you should consider reaching out to experienced workers' comp attorneys in your state to discuss this. As a general matter, insurance carriers will often deny coverage... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: Hello, Is my sister entitled to all money from a failed joint business venture?

My sister started a business w/her sister but couple months later got upset because it became overwhelming for her, requested to be released from the business, &wants all her money bk.

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Texas attorney could advise best, but your question remains open for three weeks. It could depend on the terms of the business venture (agreements between the parties) and their conduct. This is a fact-intensive matter. There is no universal cookie-cutter answer. An attorney would need to see how... View More

1 Answer | Asked in Car Accidents for Florida on
Q: My son is being sued for injuries in a crash. How does he request the medical records of the plaintiff?
Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Florida attorney could advise best and deserves the opportunity to respond first, but your question remains open for almost a week, and time is of the essence in a response here. If your son's car is insured, he should not be undertaking his defense by requesting the other side's... View More

2 Answers | Asked in Internet Law for Indiana on
Q: Can you get sued for telling a story but leaving out other persons name?

If I do a TikTok video series about interactions with someone but do not use their name, can I get sued?

Tim Akpinar
Tim Akpinar
answered on Mar 27, 2024

Yes, if the statements can be shown as implying that the subject was a particular person, based on surrounding facts, descriptions, etc., it's possible such a person could raise a claim for defamation or invasion of privacy - the settings can be fact-intensive. Good luck

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2 Answers | Asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan on
Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

The admiralty/maritime connection (one of the chosen categories) isn't fully clear here, unless this involves a vessel. Otherwise, it could be a basic matter of breach of contract, depending on sales agreement and auction platform's terms of service. Before involving attorneys, it could... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue when a doctor removed meniscus when he should have only drained the Ganglion cyst in my knee?

The surgery was on 5/31/2022 but I didn't see it until I was in his office on 1/23/2024. It looks like I have about 10% left of my medial meniscus. The long operative report says he only worked on the Ganglion cyst. I had an MRI on 6/24/2022 that says there are post surgical changes to the... View More

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2024

An attorney would need to consult with a medical professional to answer your question meaningfully - based on the authority/consent in your pre-surgery paperwork and the conditions that presented themselves once the surgeon commenced surgery. You could try to arrange a free initial consult with a... View More

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1 Answer | Asked in Consumer Law, Products Liability and Personal Injury for Washington on
Q: I was drinking a Dr pepper and sharp object entered my mouth. I spit it out. Its a metal screen. What do I do about it?

Do I have a lawsuit for negligence?

Tim Akpinar
Tim Akpinar
answered on Mar 18, 2024

A Washington attorney could advise best, but your question remains open for a week. If you're asking about your rights here, the question that will arise is. "What harm/injury did you suffer?" Any case would be based on the extent of harm/injury suffered, which fortunately does not... View More

1 Answer | Asked in Arbitration / Mediation Law for Georgia on
Q: I settled for 5 grand in a mediation but my ex company sent me 8 grand. They asked me to take a picture of the check.

But my bank said that giving them a picture of the check is super weird. To just sit money aside. What should I do and can I get in trouble for not sending them pictures?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. No, I do not think you would get in trouble for that. But they could use it as a justification to delay a corrected payment. You could ask them why they aren't able to verify the amount of the check by you... View More

1 Answer | Asked in Insurance Bad Faith for Maine on
Q: When my parent passed away their life insurance only paid back premiums that they had paid in, instead of full amount

They claimed it was because the policy was only recently started. Does this sound correct?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Maine attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your parent. One would need to see the policy to advise meaningfully, in particular, any provisions about waiting periods. See if you could line up a free initial consult with a law... View More

1 Answer | Asked in Car Accidents for New Jersey on
Q: I was involved in a non at fault car accident and my lawyer settled for the guys full car insurance amount of 250,000

My lawyer wrote me a check for 112,000 , and he took his 3rd and is holding 50 grand back he is than telling me that he has to check to see if Medicaid or Medicare are gonna take money yet my claim was paid straight from the veterans affairs , is my lawyer being sketchy

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

One would need to see the file to understand fully how your medicals were billed. If it turned out that there are Medicaid/Medicare elements to the billing of your medical services, those liens could take time to reconcile. It's possible your attorney could need to comply with the directions... View More

1 Answer | Asked in Products Liability, Personal Injury and Wrongful Death for Texas on
Q: I received settlement from Bayer/Monsanto for my husband's non Hodgkin'lymphoma. After they offered me the initial sett

Settlement they then asked me if I could hold out for a larger settlement as my husband passed away from his Roundup exposure. It is now been 2 years and still no settlement they say keep holding out if possible is this normal?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Texas attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your husband. Your attorney would be in the best position to answer this, but based on the timeline you describe, one possibility is that your law firm added the wrongful death element... View More

1 Answer | Asked in Health Care Law for Colorado on
Q: I have suffered from back pain for many years, including being rushed to a hospital a couple of times for it, and it has

been ignored. I finally persisted with my primary doctor this year and she had an MRI done and it showed that I have DDD and bulging discs. Had previous hospitals gone through the steps to find out why I was in so much pain, I could've avoided the extent of the damage that has occurred by now.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

A Colorado attorney could answer best, but your question remains open for two weeks. The most reliable way to answer your question would be to try to set up a free initial consult with Colorado law firms. Things could depend on your age, medical history, occupational history, how any disability you... View More

1 Answer | Asked in Appeals / Appellate Law and Elder Law for Virginia on
Q: I'm in urgent need of assistance concerning an unfair discharge from an assisted living facility within 5 days.

I'm an assistant living facility resident with an auxiliary grant being unfairly discharged because the facility was cited for exceeding its licensed capacity and had to get back into compliance. When I became a resident, it put the facility at its capacity. I filed an appeal with VDSS but... View More

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

A Virginia attorney could advise best, but your question remains open for a week. I'm sorry that you have been placed into this predicament. Legal Aid comes to mind, but you are already in contact with them regarding your appeal. You could reach out to local and state bar associations to ask... View More

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