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Questions Answered by Mr. Kenneth Lee LaBore Esq.

1 Answer | Asked in Personal Injury for Arizona on

Q: Can I sue Mcdonalds because I was hit in the head with the machine that prevents the door from slamming?

I was walking into the building and the mechanism broke off the door fell and hit me in the head. I was in the Hospital for a while, gave me whiplash aswell as strained my neck and spine and is preventing me from going to work.

Mr. Kenneth Lee LaBore Esq. answered on May 21, 2013

This sounds like a lack of proper maintenance. I would contact the manager and let them know you would like to speak with their insurance. I recommend that you consult with a local attorney to assist with the resolution of the claim to maximize the amount of your recovery.

Best regards.

1 Answer | Asked in Elder Law for Minnesota on

Q: Does the Federal Court have jurisdiction over cases involving the return of Medicare payments to a nursing home?

Mr. Kenneth Lee LaBore Esq. answered on May 21, 2013

Yes, the federal government has jurisdiction of the payment and collection of settlement funds and overpayments. The Centers for Medicare / Medicaid Services, CMS handles this through a department called MSPRC.

Good luck.

1 Answer | Asked in Elder Law for Minnesota on

Q: Is there an online form for Living Wills in the State of Minnesota that would be honored by medical personnel?

Mr. Kenneth Lee LaBore Esq. answered on May 21, 2013

You would be looking for a document called a Healthcare Directive, which is the same as a living will.

Good luck.

1 Answer | Asked in Elder Law for Minnesota on

Q: I am poa for my 88 yr old dad with dementia, my sis took him to bank to be put on his acct without me knowing, can i rev

Mr. Kenneth Lee LaBore Esq. answered on May 21, 2013

This question depends on the current mental capacity of your father. Since you are POA you do have legal authority and could ask for the bank to remove her name. The issue is that your father should have free will to do what he pleases with his money unless he is unable to comprehend his... Read more »

2 Answers | Asked in Elder Law for Minnesota on

Q: Can a nursing home take my Mother's assets like CD's when the children's name are on them also?

Mr. Kenneth Lee LaBore Esq. answered on May 21, 2013

There are limits on the amount of assets that a party can have and still receive public assistance. To answer your question it would be necessary to see the documents involved. I strongly recommend that you meet with a local elder law, estate planning attorney to assist with the Medicaid /... Read more »

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1 Answer | Asked in Personal Injury for Minnesota on

Q: My husband was killed after being over served at the bar. How long do i have to be able to sue the bar.

Mr. Kenneth Lee LaBore Esq. answered on Jan 29, 2013

Statute of Limitation Questions can be complicated - I recommend that you consult with a local attorney. In general wrongful death claims have a 3 year SOL from the date of death. Liquor liability claims are called dram shop claims, which have additional requirements for notice.

If you...
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1 Answer | Asked in Elder Law for Minnesota on

Q: Elderly dad let younger woman with teen live w/ him until "she gets back on her feet". No lease. Can he get her out?

House is owned by children, not dad. Woman pays no rent, etc.

Mr. Kenneth Lee LaBore Esq. answered on Jan 8, 2013

I recommend that a family member requests his Power of Attorney, if his not able to consent, then move the court for Guardianship and Conservatorship.

Good luck.

1 Answer | Asked in Consumer Law for Minnesota on

Q: I was just wondering who or what type of attorney would I talk to in regurds to a structored settlement being vacted.

Mr. Kenneth Lee LaBore Esq. answered on Jan 8, 2013

If the structured settlement is not for a disabled person or a minor you can sell the settlement. There are many companies that buy the guaranteed income stream for a discount.

Good luck.

1 Answer | Asked in Consumer Law for Minnesota on

Q: Removing name from a loan

I am in Minnesota, my x-husband was suppsoe to get his own loan so that I could ahve my name removed. I was just informed that he is two months behind and he never submitted the paperwork for the loan. In order for him to submit the paperwork, I had to sign a quick claim deed. Can I kick him out... Read more »

Mr. Kenneth Lee LaBore Esq. answered on Jan 8, 2013

I recommend that you meet in person with a real estate and /or divorce attorney. Property title issues can be complicated and depends on many factors including the divorce decree.

Good luck.

1 Answer | Asked in Bankruptcy for Minnesota on

Q: How can I get my property back from a woman who filed bankruptcy

Mr. Kenneth Lee LaBore Esq. answered on Jan 8, 2013

If it is personal property, you may not have the right to the property if she properly noted you in the bankruptcy for any debt attached to her. If it is a car, boat, home with title the answer may be different if you can establish a lien interest.

I would need more facts to give a legal...
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2 Answers | Asked in Employment Law for Minnesota on

Q: What is the law in Minnesota if you quit a job and your employer keeps your last paycheck?

Mr. Kenneth Lee LaBore Esq. answered on Jan 8, 2013

I would need more information. The employer would not be entitled to penalize you for quitting. I presume you are talking about the a delay in payment which some employers have for payment of payroll which should not reduce what you are paid in total.

Good luck.

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1 Answer | Asked in Medical Malpractice for Minnesota on

Q: Is perferrating the colon during colonoscopy w/non disclosure of risk a malpractice case

Mr. Kenneth Lee LaBore Esq. answered on Jan 8, 2013

Although perforation of the colon is a known risk of the colonoscopy if there is not an informed consent you may have a claim.

I recommend having a qualified medical malpractice attorney review your medical records to see if you have a case.

Good luck.

1 Answer | Asked in Medical Malpractice for Minnesota on

Q: How does the defence attourney get the medical records from the hospital and emt's for an accident for court

Mr. Kenneth Lee LaBore Esq. answered on Jan 8, 2013

The Defense attorneys get the records usually from a signed authorization which you provide (after an attorney reviews and edits). Sometimes the defense is given records from the facility at issue. For example if you are hurt in the nursing home the attorney for the nursing home may have the... Read more »

1 Answer | Asked in Medical Malpractice for Minnesota on

Q: What does "an FTCA exception precludes recovery against the Government" mean?

Mr. Kenneth Lee LaBore Esq. answered on Jan 8, 2013

It means that you are unable to recover (get money) from the government for that particular claim or issue.

I recommend you contact a qualified Minnesota personal injury attorney to consult with on your interpretation of the statute.

Good luck.

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