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Questions Answered by Adam T. Funk

1 Answer | Asked in Products Liability for New Jersey on

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

Adam T. Funk answered on May 2, 2014

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

1 Answer | Asked in Personal Injury for Texas on

Q: Are settlements in a lawsuit public information?

Adam T. Funk answered on Mar 31, 2014

Very few are because the defendant requests a confidentiality agreement.

1 Answer | Asked in Medical Malpractice for Texas on

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

Adam T. Funk answered on Mar 31, 2014

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.

1 Answer | Asked in Personal Injury for Texas on

Q: I need help with someones lawsuit

Adam T. Funk answered on Mar 31, 2014

Lawyers are always here to help.

3 Answers | Asked in Personal Injury for Texas on

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

Adam T. Funk answered on Mar 31, 2014

I am sorry for your loss. You have two years from the date of death.

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1 Answer | Asked in Personal Injury for Texas on

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?

Adam T. Funk answered on Mar 31, 2014

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.

1 Answer | Asked in Personal Injury for Texas on

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

Adam T. Funk answered on Mar 31, 2014

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.

1 Answer | Asked in Medical Malpractice for New Mexico on

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

Adam T. Funk answered on Mar 27, 2014

I'm not sure I understand your question. If you provide more details, perhaps I can help.

1 Answer | Asked in Medical Malpractice for New Mexico on

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

We took her in due to a rash and they gave her 3 times the amount of epinephrine and the nurse who administered the med did not chart the incident, we are getting no where with the hospital. she now has trouble with shaking hands and complains that her stomache feels shakey all the time. we have... Read more »

Adam T. Funk answered on Mar 27, 2014

I answered a similar question above. Please see that answer.

1 Answer | Asked in Medical Malpractice for Texas on

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

Adam T. Funk answered on Mar 27, 2014

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... Read more »

1 Answer | Asked in Car Accidents for Texas on

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

How can I find her? What exactly can I sue for? Address is same on accident report and I am unable to contact her.

Adam T. Funk answered on Mar 27, 2014

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.

1 Answer | Asked in Medical Malpractice for Texas on

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

Adam T. Funk answered on Mar 27, 2014

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.

1 Answer | Asked in Medical Malpractice for Texas on

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

Adam T. Funk answered on Mar 25, 2014

There is a claim for failure to obtain informed consent.

1 Answer | Asked in Medical Malpractice for Texas on

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

My mom passed away the night before I had my son. Due to toxic effects of mutiple drugs which were the prescription they gave her. Zanax, hydrocode, somas, tezapam. Do I have a case as wrongful death?? It was ruled accident. ;-( I need help and don't know what to do!!!

Adam T. Funk answered on Mar 25, 2014

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... Read more »

1 Answer | Asked in Medical Malpractice for Texas on

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.

They stopped billing me on the same day. I am still walking wit a walker almost two years later. I feel like I have a malpractice suit against them. I can not find an attorney to take the case and time is running out to file.I think this can be settled out of court.

Adam T. Funk answered on Mar 25, 2014

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.

1 Answer | Asked in Medical Malpractice for Texas on

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

Adam T. Funk answered on Mar 25, 2014

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.

1 Answer | Asked in Medical Malpractice for Texas on

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

Adam T. Funk answered on Mar 25, 2014

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.

1 Answer | Asked in Medical Malpractice for Texas on

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

Broke foot skate boarding. Approximately 30 surgeries on both feet. Have lost 2 yaers of work. Wondering if titanium implants were abd?

Adam T. Funk answered on Mar 25, 2014

It depends on the product itself. There may be a claim if the product was defective, but we would need more information to know.

1 Answer | Asked in Car Accidents for Texas on

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

Adam T. Funk answered on Mar 25, 2014

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.

1 Answer | Asked in Car Accidents for Texas on

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

Adam T. Funk answered on Mar 25, 2014

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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