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... Read more »
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.
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?
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.
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...Read more »
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.
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 »
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 »
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.
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 »
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 »
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.
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
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 »
and Drive was arrested for a DUI and consequently fired as a no show. I am unable to get another job due to still no release from the doctor and this is 9 months later. Am I entitled to WC compensation due to not being able to get a job.
First I will tell you it’s contrary to your best interest to not have representation in this Worker’s Compensation claim. So my purse recommendation for you is to obtain an attorney. Attorney will fight for you and your rights under Worker’s Compensation law to get the benefits you were...Read more »
truck causing my car to roll over three times and land on its driver side an inch away from a house after going through a line of trees and a fence said that I was eligible for "expedited settlement" even though I wasn't ready to settle and did not ask to settle. I already have had 4... Read more »
The first thing I will say is of course you need counsel and her attorney and why if you are seriously injured he did not obtain representation is contrary to your best interest. Do not try to play lawyer with the insurance company or insurance companies and the other parties. If you were seriously...Read more »
The damages or enumerated in the statute and does it depends on the survivors relationship the amount of dependency whether there was financial support or just emotional support. If there is a potential lawsuit or claim against somebody for causing the death and there are dependent spouse minor...Read more »
Well if there something that you believe that the hotel did wrong to cause you to slip and fall such as where there was a leak that they didn’t warn you about then of course consult a lawyer. You are free to contact myself or anybody else who does personal injury and I’m sure anybody can be of...Read more »
Was admitted for 4 days. I had put my daughter as my emergency contact, at the place were I was having the procedure, but she was not contacted until the following day in the afternoon. Can I sue the doctor who performed the Lipo for malpractice?
You Question about suing for medical negligence or malpractice as you call it depend upon an opinion from a similar physician in same specialty who can conclude that the physician performing the lipo suction was negligent meaning his treatment frll below the piper standard of care.
It states at a minimum commission received will equal one and half times federal minimum wage for all hours worked including those in excess of 40 in any week or approximately $11. when the state minimum wage exceeds the federal, the employer is required to pay the state minimum. Would that apply,... Read more »
If you were subjected to sexual harassment by anybody in a professional setting and you need to bring this to the attention of the appropriate person or department would be responsible for investigating and handling such complaints. Your employer is subject to the civil rights act in as an intern...Read more »
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