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Questions Answered by Adam T. Funk

1 Answer | Asked in Car Accidents for Texas on

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

Adam T. Funk answered on Mar 25, 2014

You would sue the driver and/or owner of the car that hit you.

1 Answer | Asked in Car Accidents for Texas on

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

Adam T. Funk answered on Mar 25, 2014

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.

1 Answer | Asked in Car Accidents for Texas on

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

I am suing a person for diminished value on my trucks. The defendant lawyers say the party at fault is denying it and wants all proof I have of the accident. Do I have to provide them that documentation?

Adam T. Funk answered on Mar 25, 2014

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... Read more »

1 Answer | Asked in Car Accidents for Texas on

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?

Can they do this after this much time has passed? What should I do?

Adam T. Funk answered on Mar 25, 2014

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.

1 Answer | Asked in Car Accidents for New Mexico on

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

Car hit me as I was clearing the intersection. Impact at passenger front quater panel. Minor injuries to me, undisclosed injuries in the other vehicle. Will I need a lawyer along with my insurance company? I am fully covered, and the other driver had some sort of insurance. Thanks for any help... Read more »

Adam T. Funk answered on Mar 25, 2014

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.

2 Answers | Asked in Car Accidents for New Mexico on

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

Until after the accident. What is the law in NM? Is t you take the victim as you find them?

Adam T. Funk answered on Mar 25, 2014

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.

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1 Answer | Asked in Medical Malpractice for New Mexico on

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

Adam T. Funk answered on Mar 25, 2014

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.

1 Answer | Asked in Medical Malpractice for New Mexico on

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

Adam T. Funk answered on Mar 25, 2014

go to this link: http://public.nmcompcomm.us/NMPublic/gateway.dll/?f=templates&fn=default...

and search "medical malpractice"

1 Answer | Asked in Medical Malpractice for New Mexico on

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

I am currently pregnant and i have had nothing but problems with my doctors office. I was told at first that i was due on may 30, then June 1, and now they moved it to June 14.. I went and took another sonogram so we could get an accurate due date as the doctor was not going to look into this any... Read more »

Adam T. Funk answered on Mar 25, 2014

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.

1 Answer | Asked in Medical Malpractice for New Mexico on

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

Adam T. Funk answered on Mar 25, 2014

You can search online on lexisnexis.com (need a subscription); nmcourts.gov (free); or call the NM Medical Board.

1 Answer | Asked in Medical Malpractice for New Mexico on

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

Mom went to er with a rash and she was given to much epinephrine and it has caused her problems, we got her records from the hospital and nothing has been charted there are many witnesses to this. We want to hold the hospital responsible for their actions what are our options

Adam T. Funk answered on Mar 25, 2014

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.

1 Answer | Asked in Products Liability for Mississippi on

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

Amneal Alprazolam diagnosed incontinance in September 2011.

Adam T. Funk answered on Mar 25, 2014

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.

1 Answer | Asked in Products Liability for Oregon on

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

Adam T. Funk answered on Mar 25, 2014

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... Read more »

1 Answer | Asked in Products Liability for Texas on

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

Adam T. Funk answered on Mar 25, 2014

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.

1 Answer | Asked in Products Liability for Texas on

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

Adam T. Funk answered on Mar 25, 2014

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... Read more »

1 Answer | Asked in Products Liability for Texas on

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

Adam T. Funk answered on Mar 25, 2014

The Lipitor litigation has just recently begun and there have not been any verdicts yet.

3 Answers | Asked in Products Liability for California on

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

A lawyer is telling me it is ethically wrong to offer a contingency agreement that covers costs and expenses as well as attorney fees.

Adam T. Funk answered on May 2, 2014

Yes, many law firms take on medical device liability cases on a contingency basis. There is no ethical dilemma there.

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