Questions Answered by Adam T. Funk

Q: I was hit by a car while walking in a Walmart parking lot and hurt my knee, who do I sue

1 Answer | Asked in Car Accidents for Texas on
Answered on Mar 25, 2014
Adam T. Funk's answer
You would sue the driver and/or owner of the car that hit you.

Q: Do i need a lawyer for a speeding ticket? I was not speeding

1 Answer | Asked in Car Accidents for Texas on
Answered on Mar 25, 2014
Adam T. Funk's answer
You do not need a lawyer, but it is strongly recommended. Traffic ticket lawyers expedite your case and help you at trial. They are inexpensive.

Q: Do I have to provide documentation to party’s lawyer I am suing? They want my proof

1 Answer | Asked in Car Accidents for Texas on
Answered on Mar 25, 2014
Adam T. Funk's answer
Typically, if you are suing someone then you are the plaintiff and have the burden of proof. You must prove that your truck has a diminished value. If you have documents that prove that, then you should provide them to the other side to prove your case. Of course, your question raises many other questions that a lawyer can answer over the phone with more detail.

Q: I was in a car wreck 2 and a half years ago...August, 2011. Now I am being sued. What are the statute of limitations?

1 Answer | Asked in Car Accidents for Texas on
Answered on Mar 25, 2014
Adam T. Funk's answer
A plaintiff has two years from the date of the accident to file a lawsuit against a defendant. There are caveats involved so you should speak to an attorney.

Q: I was involved in a car accident where the vehicle that hit me was cited for running a red light and open container.Help

1 Answer | Asked in Car Accidents for New Mexico on
Answered on Mar 25, 2014
Adam T. Funk's answer
It is always helpful to retain a lawyer to help you. Insurance companies play crafty tricks on unsuspecting car accident victims. Lawyers help cut through those games.

Q: If I was involved in a car accident {I was rearended} and I found out that the injury I had was there but not evident un

2 Answers | Asked in Car Accidents for New Mexico on
Answered on Mar 25, 2014
Adam T. Funk's answer
You have three years from the date of the accident to file a lawsuit. If your injuries did not appear until after the accident, that is okay - every person injures differently. Finally, you are right about taking the "victim" as you find them. We call it the egg-shell plaintiff rule.

Q: An attorney has filed a request with court. His papers have the wrong court no. and not my complete name. Is this accept

1 Answer | Asked in Medical Malpractice for New Mexico on
Answered on Mar 25, 2014
Adam T. Funk's answer
Can you provide more information? What kind of request? What court and how wrong was your name? I cannot answer your question without more information.

Q: How do I find a copy of the New Mexico statute dealing with medical malpractice?

1 Answer | Asked in Medical Malpractice for New Mexico on
Answered on Mar 25, 2014
Adam T. Funk's answer
go to this link: http://public.nmcompcomm.us/NMPublic/gateway.dll/?f=templates&fn=default...

and search "medical malpractice"

Q: Can i ask a doctor to deliver my baby as soon as 37 weeks?

1 Answer | Asked in Medical Malpractice for New Mexico on
Answered on Mar 25, 2014
Adam T. Funk's answer
I do not believe there is anything legally you can do. If the doctor does not feel comfortable doing what you request, he/she will simply not do it. I am not a medical doctor, but it sounds like you need a second opinion.

Q: How do I find if a doctor has a medical malpractice suite against them before I let them do surgery on me

1 Answer | Asked in Medical Malpractice for New Mexico on
Answered on Mar 25, 2014
Adam T. Funk's answer
You can search online on lexisnexis.com (need a subscription); nmcourts.gov (free); or call the NM Medical Board.

Q: My mom was over medicated in the ER and nothing has been done, and it was not charted in her medical records what are my

1 Answer | Asked in Medical Malpractice for New Mexico on
Answered on Mar 25, 2014
Adam T. Funk's answer
The next step is to contact a personal injury attorney. The attorney will look at whether you have a malpractice case against the hospital and proceed from there.

Q: What is the statue of limitations for a prescribed drug injury in the state of Mississippi?

1 Answer | Asked in Products Liability for Mississippi on
Answered on Mar 25, 2014
Adam T. Funk's answer
You have three years from the date of the injury to file a lawsuit. There are other caveats that are involved so you should speak to an attorney about your case.

Q: Mi dad died from mesothelioma. He settled with Ethicon. As his daughter could I have a case

1 Answer | Asked in Products Liability for Oregon on
Answered on Mar 25, 2014
Adam T. Funk's answer
I am sorry to hear about your loss. Your questions depends on the Release of claims your father signed. It is possible he released any and all claims that could be brought by his heirs on his behalf. This, however, does not mean that you are forever barred. It just depends on the Release language. Also, you must be aware of statute of limitations associated with your potential claim. I highly advise getting in touch with an attorney to discuss your options.

Q: Does a hospital lien cover product liability cases in El Paso, TX

1 Answer | Asked in Products Liability for Texas on
Answered on Mar 25, 2014
Adam T. Funk's answer
If you were injured by a product and received treatment from a hospital due to the product, then the hospital is entitled to place a lien on the case to recover the costs associated with your treatment. There are more details involved in which it would be wise to contact an attorney about.

Q: I bought defective windows from a TX manufacturer. I live in MS. If I file suit, where will court be held?

1 Answer | Asked in Products Liability for Texas on
Answered on Mar 25, 2014
Adam T. Funk's answer
If the TX manufacturer distributes its products in Mississippi then it is subject to Mississippi courts. If you purchased the windows in Texas and the manufacturer does not sell its windows in MS then it will subject to the Texas courts. There are caveats to both scenarios that an attorney would help resolve for you.

Q: Has anyone won a lawsuit over Pfizer side effect lipitor drug.

1 Answer | Asked in Products Liability for Texas on
Answered on Mar 25, 2014
Adam T. Funk's answer
The Lipitor litigation has just recently begun and there have not been any verdicts yet.

Q: Will lawyers take medical device liability cases on a contingency basis costs and expenses as well as attorney fees?

3 Answers | Asked in Products Liability for California on
Answered on May 2, 2014
Adam T. Funk's answer
Yes, many law firms take on medical device liability cases on a contingency basis. There is no ethical dilemma there.

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