The chiropractor knows me and knows the name of my business and yet went ahead and treated her and now is trying to get a crazy amount of money for treatment for life, when the emergency room said there was nothing wrong with her. I need to know if this is a conflict of interest?
This may raise an issue of credibility for the doctor if the case ever went to trial. The doctor may be subject to cross examination if he/she was brought in to trial to testify against you. It does not mean the person is not hurt per se, as injuries could manifest weeks after the accident.
Short answer is that it depends. Often, the recall notice does not impact whether they are responsible. Many states still allow you to bring a claim under product liability law and hold the manufacturer strictly liable. However, there are limitations as to when you can bring a claim, so you should...Read more »
Generally, Florida subscribes to strict liability for product liability cases. To give a fair answer, we may need to know more about the facts as to what concerns you or gives rise to the question here.
I was involved in a motorcycle accident where they were cited for being at fault. They have insurance, I do not. Is it possible for me to get a rental, as i have no vehicle, and the motorcycle is totaled?
Yes it is possible. Oftentimes, if liability is not an issue, the adjuster for the at-fault party may authorize a rental and pay it directly. However, if the vehicle is totaled, they may either not pay you for a rental, or could authorize a short rental term while they are negotiating with you or...Read more »
We would need more information to know how much you would get. We don't know if there are creditors, attorneys' fees, costs, how the property was titled, what the estate documents if any say, etc. Once an asset is available to an estate, there is an order of payment we would need to look at to see...Read more »
I have mediation soon and want to know if it's possible to introduce new evidence in the form of a video recording at mediation in an effort to help improve my case or does all evidence have to be entered into evidence before mediation so that the opposition can have time view it?
If it is mediation, you may be able to still introduce additional evidence, since mediation is confidential and for purposes of settlement typically. As to whether you can actually use the evidence if the case proceeded to trial, it depends on the case, and the status of it. If you want the other...Read more »
I agree with my colleague. I would also add that the time may be limited further if the at-fault party is a federal or state government entity, which may also have pre-suit requirements. If the defendant is a cruise line, the statute of limitations may only be 1 year. It is definitely best to get...Read more »
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