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Questions Answered by Mitchell Feldman

3 Answers | Asked in Legal Malpractice for Georgia on

Q: I have an active case with an attorney, but I haven't been able to contact him, should I hire another lawyer?

I haven't been able to contact, or received contact in over three weeks

Mitchell Feldman answered on Jun 10, 2019

You have the right in any case to terminate an attorney, but, doing so may subject you to a lien on any future recovery depending upon the stage of things and work done. If you are not receiving communication, and cannot get an appointment, then you may not have a choice. However, you should... Read more »

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1 Answer | Asked in Employment Law for Florida on

Q: HR received a subpoena on my behalf. I am to appear at the court today but I am unable to do so due to short notice.

What am I suppose to do?

Mitchell Feldman answered on May 29, 2019

Any subpoena to appear requires reasonable notice, and depends on court how many days. Same day is not reasonable notice. I cannot see a court holding you in contempt if you just got served today, assuming it was properly served under the rules. Service was it by mail? fax? email or process... Read more »

1 Answer | Asked in Medical Malpractice for Florida on

Q: Spinal fusion resulted in staph in hardware. 3 surgeries in about 5 weeks, back deformity, on antibiotics 3 years.

Do I have a case? If not, why? I have more details.

Mitchell Feldman answered on May 27, 2019

You have 2 years from the date of the act you claim to be negligent to file a claim so if it’s been 3 years since the infection you would be passed the legal time to file a lawsuit. However you should consult with a lawyer to be sure. As to the facts, infections occur from surgeries and more... Read more »

2 Answers | Asked in Employment Law for Florida on

Q: In Florida, is my employer required to payout unused PTO if 2+ weeks notice was given?

Mitchell Feldman answered on May 25, 2019

Not unless it’s in writing and promised.

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1 Answer | Asked in Workers' Compensation for Florida on

Q: Will I receive compensation for missed work? Does reservation of rights mean they can decide later not to pay the dr.?

I filed for workers comp in florida for repetitive stress injury. I was accepted under reservation of rights and they are sending me to a doctor they chose. Does this mean I will be compensated for my past missed work/income? Can they decide later to deny me and make me pay the doctor fees of the... Read more »

Mitchell Feldman answered on May 12, 2019

Stress is not an injury covered by chapter 440. If you mean repetitive stress fracture that’s different. Assuming it’s the latter you won’t be compensated u less you are out for at least 7 days. They cannot bill you after they authorized a doctor. Most it not all work computer lawyers... Read more »

3 Answers | Asked in Car Accidents for Georgia on

Q: What are my options when the insurance adjuster can't get in touch with their policy holder?

My car was totaled in an accident that the policy holders car was involved in. The other driver was given a citation for failure to yield. I didn't receive any citations. The adjuster states that he needs to speak with the policy holder who wss not the driver at the time of the accident before he... Read more »

Mitchell Feldman answered on Mar 28, 2019

Your best option is to retain a lawyer to help you. I don't think its in your best interest to negotiate on your own. Secondly, you can just have your own insurance company pay the damage and they will subrogate or go after the other driver if your car is totaled and you need the funds to obtain... Read more »

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1 Answer | Asked in Employment Law and Legal Malpractice for Florida on

Q: Is the place I work for responsible for not telling me to wear mask near machines that expel solder fumes and flux?

I work for a solar panel manufacturer and was not told by leadership or any supervisor to wear a mask when near certain machines. In fact, I worked an entire week without once being warned about the fumes and it took a fellow employee telling me about the fumes before i was aware of them.

Mitchell Feldman answered on Mar 18, 2019

Any employer owes a duty to act reasonable and protect the safety of its employees

1 Answer | Asked in Employment Law for Georgia on

Q: I recently fired an employee and she keeps coming by the shop and harassing the other employees. What do I file

What do I file to keep her away from the property?

Mitchell Feldman answered on Mar 8, 2019

Complaint with law enforcement for trespassing if you warned and will not comply unless it’s a public facility

2 Answers | Asked in Medical Malpractice for Georgia on

Q: What is being asked of me?

The defense in a malpractice case responded that "plaintiff fails to state a claim upon which relief may be granted and, therefore the Complaint should be dismissed in its entirety." I have not yet submitted the exhibits/facts, only the affidavit from the expert witness. Is that what they are... Read more »

Mitchell Feldman answered on Mar 7, 2019

This is usually standard verbage many defense put in their answer. Not clear if they answered. Sounds like you are doing this pro-se. I highly suggest you retain counsel if at all possible. If you do have counsel, then, you should discuss this defense asserted and how to respond.

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1 Answer | Asked in Workers' Compensation for Florida on

Q: Can a beneficiary who is not disabled of a deceased claimant’s WC case request to change the payments of the settlement?

I am the beneficiary mentioned above who has been receiving payments since 2012, payments are to stop in about 28 years. Since I am not disabled can I request a lump sum or a partial disbersement of remaining funds?

Mitchell Feldman answered on Feb 22, 2019

Insurance companies always want to settle in a lump sum, but its subject to a negotiation with the insurance company. They will not simply pay you the present value. Do not negotiate on your own. I recommend you hire an experienced workers comp lawyer or law firm.

1 Answer | Asked in Employment Law for Florida on

Q: if a case where my job called authorities was dismissed what can i do

allegedly crystal meth was in this package i was arrested and everything case was dismissed for lack of evidence what can i do

Mitchell Feldman answered on Feb 20, 2019

This may be a case of malicious prosecution which is a tort. Seek advice if attorney

3 Answers | Asked in Medical Malpractice for Florida on

Q: can a surviving spouse sue for malpractice individually or must the deceased estate sue.I’m told only the estate

can sue and me, her husband can’t individually bring a case to court.

Is this true? I reside in the state of Florida...thank you so much for anything you can offer me.

Mitchell Feldman answered on Feb 18, 2019

you will need to set up an estate on your own with estate/probate attorney, or if there's a medical malpractice case set up, attorneys like we do, have a relationship with another law firm that you can be referred to for this part. Essentially, the estate brings the case or legal action; but as a... Read more »

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1 Answer | Asked in Workers' Compensation for Florida on

Q: Yes I would like to know what retirement from employer and you also file for disability why would I have to repay money

To employer residents in Georgia

Mitchell Feldman answered on Jan 30, 2019

The question is not clear. If you are retiring then how is it you are getting disability income? Most work comp lawyers including me will offer free consults on work comp matters. Find someone and make an appointment by phone or in person.

2 Answers | Asked in Employment Law and Sexual Harassment for Florida on

Q: Is it harassment if my boss, the CEO, is inappropriately messaging me late night after hours?

He was messaging me suggesting I go along with him on a trip out of the country then ended it by saying jk your husband wouldn’t allow with a winky face. Then continued to message me asking if I’ve been to a place and I said no and he asked if I know where it is and I said no and he told me... Read more »

Mitchell Feldman answered on Jan 27, 2019

From these facts, its not clearcut under the framework of Title VII, but since the company has terminated your employment (not just the wife) through the actions of the wife, then it appears the company's action can arguably be deemed to be a form a retaliation even though it was issued by the... Read more »

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1 Answer | Asked in Employment Law and Federal Crimes for Georgia on

Q: After 4yrs of emply + w/out warning, I was told to resign or b/fired. I also believe there might be reverse discrimation

Mitchell Feldman answered on Jan 22, 2019

Not enough facts here to provide any basis to believe there is anything unlawful about your termination. As to reverse discrimination, if that's your belief, then you should discuss the facts and information with an attorney and seek legal advice.

1 Answer | Asked in Employment Law, Workers' Compensation and Business Formation for Georgia on

Q: Workplace bullying.. what do I do?

Okay. So my boss cussed me out yesterday and sent me home and gave me two days off. The “reason” for this is because I cleaned a room, as I am a housekeeper and the vacuum that was provided by the job wasn’t working. I stated this to my boss. Upon inspecting my room, she started yelling at me... Read more »

Mitchell Feldman answered on Jan 15, 2019

Unfortunately there’s no anti-bullying law. There’s no law that says your employer has to be nice with you and there’s no law that says being mean and nasty is actionable. However when there are specific violations of the minimum-wage or overtime laws changing an editing cards and there’s a... Read more »

3 Answers | Asked in Health Care Law and Medical Malpractice for Florida on

Q: I live in Crestview Florida I am currently in Orlando Florida which is 6 hours away in the hospital I think I have a

Medical negligence lawsuit do I get a attorney in crestview or Orlando

Mitchell Feldman answered on Dec 28, 2018

You can get an attorney anywhere who is licensed in Florida and no need to restrict based upon either of those 2 cities ita of no consequence

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4 Answers | Asked in Wrongful Death and Medical Malpractice for Florida on

Q: My dad died due to a doctor's negligence during surgery. Should his family file both medical malpractice and wrongful

death claims?

Mitchell Feldman answered on Dec 26, 2018

The claim is the same and is about and based upon a finding of medical negligence. The death act speaks to damages available. Thus any attorney will know to comply with medical malpractice presuit requirements and make a claim of negligence if supported by an expert medical opinion.

The...
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1 Answer | Asked in Employment Law for Florida on

Q: Hi there.I've been working in the same company for more than six years.The work schedule is from 7:30 am to 4:30.

I only get paid eight hours.So I wonder it is legal that the company take an hour without being paid?Can a lawsuit be made agains them for that?

Mitchell Feldman answered on Dec 23, 2018

If they are automatically deducting an hour for a meal break and you are working through some or all of the meal breaks they have to provide you the opportunity to clean those hours and clock in and out a report that otherwise you would need to be paid for those hours if you worked

1 Answer | Asked in Stockbroker Fraud for Florida on

Q: I believe my broker is defrauding me and I suspect that other clients are being similarly defrauded. How do I contact

them to start a class action?

Mitchell Feldman answered on Dec 12, 2018

You obtain the assistance of a lawyer to review the claims and he or she will assist in this regard if there is a claim to be brought. I would not worry about a class let’s start with what happened to you and whether there is a chance for recovery or a claim against the broker at issue. If... Read more »

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