Questions Answered by Adam T. Funk

Q: What is the average discovery period for a product liability case filed in the NJ Fedral court?

1 Answer | Asked in Products Liability for New Jersey on
Answered on May 2, 2014
Adam T. Funk's answer
It really depends on the federal court and the judge. Some judges allow the period to last up to 30 days prior to the trial. Others cut it shorter. Some judges allow you 6 months while others provide you with 18 months. It really depends on a number of factors.

Adam

Q: Are settlements in a lawsuit public information?

1 Answer | Asked in Personal Injury for Texas on
Answered on Mar 31, 2014
Adam T. Funk's answer
Very few are because the defendant requests a confidentiality agreement.

Q: My mother was diagnosed with gall bladder stones when in surgery the surgeon noticed she didn't have a gall bladder.

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Mar 31, 2014
Adam T. Funk's answer
I was involved in a similar case. This may have been an unnecessary surgery and therefore malpractice. You should contact a malpractice attorney right away.

Q: I need help with someones lawsuit

1 Answer | Asked in Personal Injury for Texas on
Answered on Mar 31, 2014
Adam T. Funk's answer
Lawyers are always here to help.

Q: What is the time frame for Texas to file a civil suit against the illegal immigrant drunk driver that killed my son?

3 Answers | Asked in Personal Injury for Texas on
Answered on Mar 31, 2014
Adam T. Funk's answer
I am sorry for your loss. You have two years from the date of death.

Q: My best friend and my daughter's god father was killed in Texas, the family has sued. Can we sue for our grief and loss?

1 Answer | Asked in Personal Injury for Texas on
Answered on Mar 31, 2014
Adam T. Funk's answer
If you did not witness the accident then no. If you did, then there might be a claim. You should speak to an attorney as soon as possible for statute of limitations purposes.

Q: If a radiologist missed an meniscus tear on an MRI. As a result the tear gets worse and surgery is needed. Negligence?

1 Answer | Asked in Personal Injury for Texas on
Answered on Mar 31, 2014
Adam T. Funk's answer
Negligence is defined as the beach of the standard of care. If a reasonably prudent audiologist would have caught it and the additional damage caused you more injury, then there might be a claim of negligence. You should speak to a qualified medical malpractice attorney in Texas as soon as possible.

Q: I need an approximate amount of money if I give up my right for medical treatment for life. I'm 31 years old

1 Answer | Asked in Medical Malpractice for New Mexico on
Answered on Mar 27, 2014
Adam T. Funk's answer
I'm not sure I understand your question. If you provide more details, perhaps I can help.

Q: My mom was given to much medication in the ER and nothing was charted what are our options

1 Answer | Asked in Medical Malpractice for New Mexico on
Answered on Mar 27, 2014
Adam T. Funk's answer
I answered a similar question above. Please see that answer.

Q: My daughter died at John Petersmith Hospital (a county hospital) due to doctor errors and negligence. Can I file malpractice?

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Mar 27, 2014
Adam T. Funk's answer
You can file against a county hospital, however, you must get permission first. The Texas Tort Claims Act applies here. The Act requires that you send a claim notice letter to the county first before you can file a lawsuit. There are many rules and caveats you must follow and therefore contacting an attorney is crucial.

Q: I was hit by a person with no insurance. I want to take them to small claims but the address she provided is not current

1 Answer | Asked in Car Accidents for Texas on
Answered on Mar 27, 2014
Adam T. Funk's answer
You are right that you need to get her correct address. When you sue someone, you must provide the defendant with notice of the lawsuit so they may defend themselves. You can find her information through voter registeries, property records databases, or hire a private investigator.

Q: I have 6 broken medical screws they removed what they could but still having problems walking

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Mar 27, 2014
Adam T. Funk's answer
You may have a medical malpractice case, a product defect case, or both. You should sit down with an attorney and talk about your options.

Q: Does operating on adult patients without their specific consent constitute malpractice

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Mar 25, 2014
Adam T. Funk's answer
There is a claim for failure to obtain informed consent.

Q: My mom passed away Due to toxic effects of mutiple drugs.. doc prescription

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Mar 25, 2014
Adam T. Funk's answer
You may have a case against the doctor or even possibly the makers of the drugs. It all depends on the circumstances surrounding the medical treatment. You need to get the records reviewed by a physician and a lawyer to see if there is a case. You have two years to file a wrongful death lawsuit in Texas from the date of death.

Q: I was in the hospital getting over a heart attack. They put me on a bench and I fell and broke me neck c-2 vert.

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Mar 25, 2014
Adam T. Funk's answer
You are right that you only have two years to file a lawsuit against the hospital. There are a number of factors involved with this type of case and you should find an attorney as soon as possible if you still want to file a lawsuit.

Q: I had knee replacement surgery and have had 2 subsequent surgeries for problems with the knee. Is this a possible case

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Mar 25, 2014
Adam T. Funk's answer
It all depends on what was done during the initial surgery. If there was malpractice committed, then you may have a case against the doctor. If there was a defective product used, then you may have a case against the manufacturer of the device.

Q: What's the is the time limit on a medical malpractice suit

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Mar 25, 2014
Adam T. Funk's answer
Two years from the date of the malpractice. There are caveats to that rule and therefore it would be wise to speak to an attorney about your claim.

Q: 30 surgeries later, titanium removed from foot do to infection and nonsupport. Curious if I might have a case.

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Mar 25, 2014
Adam T. Funk's answer
It depends on the product itself. There may be a claim if the product was defective, but we would need more information to know.

Q: What is the law in Texas for talking on the phone and driving?

1 Answer | Asked in Car Accidents for Texas on
Answered on Mar 25, 2014
Adam T. Funk's answer
In Texas, the only time you cannot talk on the phone and drive at the same time is while going through school zones. Some cities have enacted laws prohibiting talking/driving completely.

Q: When driving in Texas you struck someone and had a case of negligent driving how would you have personal jurisdiction?

1 Answer | Asked in Car Accidents for Texas on
Answered on Mar 25, 2014
Adam T. Funk's answer
You can get personal jurisdiction over that person because he/she committed a tort in the state. You would use the long-arm jurisdiction statute. A lawyer can better help you.

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