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Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for New York on
Q: Can I sue the Red Cross for atrial puncture injury caused during blood donation?

After the injury the Red Cross provided misleading information on severity and needed treatment. This resulted in a Pseudo aneurysm that required surgery.

Jonathan Bradford Ripps
Jonathan Bradford Ripps
answered on Sep 22, 2023

Hello - so sorry about your situation. What you describe sounds terrible. In order for you to have a malpractice claim, you would need to prove that the nurse or whoever did the blood draw deviated from a normal standard of care. You should consult with an attorney to discuss your matter further... View More

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for California on
Q: I was shot multiple times and was in the hospital for months, the police did a horrible job during the investigation,

And they dismissed the case, the guy was free for almost a year after shooting me, they had all the information on who did it, more then 15 witnesses and even a confession, this happened 10 years ago, i find out recently the main investigator knew the person who shot me and was great a family... View More

James L. Arrasmith
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answered on Sep 21, 2023

Based on the information provided, it appears there could be potential misconduct on the part of the investigator. Under California law, such misconduct, if proven, could lead to legal consequences for the officer and possible civil liability for the police department. To explore your legal options... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Personal Injury for Florida on
Q: What is the civil statute of limitations for the victim of attempted murder in Florida?

I was the victim of a stabbing about 20 years ago. It still mentally affects me to this day. It has also affected where I would be financially, my work progress and status, and my overall quality of life. The perpetrator was caught quickly since I knew him and was placed in a mental facility for... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 21, 2023

Sorry to hear about your ordeal. I can tell you generally what the limitations period would be in a situation like this, but any question on the limitations period for an incident causing damage to you is a question asking for specific legal advice to rely on - which cannot be answered in this... View More

2 Answers | Asked in Products Liability and Personal Injury for California on
Q: My daughter who lives in California purchased a product in Oregon and was injured in Oregon upon attempting to use the

product ? Should we get a Products Liability attorney in California or Oregon ?

James L. Arrasmith
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answered on Sep 21, 2023

In a products liability case, the jurisdiction can often depend on where the injury occurred and where the defendant(s) conduct business. Given that the injury occurred in Oregon, an Oregon attorney might be more familiar with the specific laws and venues in the state where the incident took place.... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: I have a question about medicall malpractice. I had fluid removed from my knee. The Dr did not use an alcohol swab.

The Dr removed 12 cc of clear liquid, my leg did not hurt me it was a fluid pocket. I noticed he didn't use s swab but I thought maybe it was a new type of syringe. 2 days later I was in pain, and knee was huge. I called the Dr and he said, weekend go to the emergency room. I did and monday... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 21, 2023

You have a potential medical malpractice case. The first issue is, did the doctor act below the standard of care. While this generally must be testified to by another doctor, it appears clear, here, that a shot without skin cleaning is below the standard of care. The next question that must be... View More

1 Answer | Asked in Car Accidents, Personal Injury, Social Security and Workers' Compensation for Florida on
Q: Social security and worker’s compensation

I stopped receiving worker’s compensation about a year and a half ago but social security is telling me that I’m receiving it still and they never removed me from their system. That is affecting my social security case. What can I do to correct this?

James L. Arrasmith
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answered on Sep 21, 2023

You should contact your local Social Security office to provide them with documentation showing that your worker's compensation benefits have ceased. They will need this information to update their records and resolve the discrepancy affecting your Social Security case. It's important to... View More

1 Answer | Asked in Personal Injury for California on
Q: How does dismissal with prejudice work?

Lets I sued company A for non tort and they got dismissal with prejudice.

Few weeks later I realize that their action can also be considered under tort law, and I want to sue them for it.

Can I sue them under the tort law, or they are immune from all of my lawsuits for that action.

James L. Arrasmith
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answered on Sep 20, 2023

Under California law, if a lawsuit is dismissed with prejudice, it generally means that the same claim cannot be brought again in court. However, if you discover new facts or circumstances that could give rise to a different legal claim, such as a tort claim, you may have the opportunity to file a... View More

1 Answer | Asked in Libel & Slander, Personal Injury and Family Law for Alabama on
Q: Can I sue my ex-husband for the slandering allegations that he accuse me of commiting while we were married!

He totally lied on the paperwork and slandered my character to so many other people who knows me! He also slandered and lied about the character of two men!!! In Alabama!

T. Augustus Claus
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answered on Sep 20, 2023

In Alabama, if someone knowingly makes false statements about another person that injures their reputation, it might be grounds for a defamation lawsuit. Defamation can either be spoken (slander) or written (libel). If your ex-husband made false allegations against you to others or in paperwork,... View More

1 Answer | Asked in Personal Injury and Civil Rights for Georgia on
Q: This involves judge who lied in court about the disposition of a case. What are the options I have to dispute this?

He helped opposition despite the fact they lacked proof or agreement. Gave a false ruling.

T. Augustus Claus
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answered on Sep 20, 2023

Firstly, you can appeal the judge's decision to a higher court. This means challenging the ruling based on its legal merits. The appellate court will review the lower court's decision for any potential legal errors. Secondly, Georgia has a Judicial Qualifications Commission (JQC) which... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: How do how can I sue a hospital or doctor for malpractice

I would like more information on how to move forward in building a legal case against two doctors for malpractice and negelct. Acknowledged health discrepancies without disclosure and resulting in long term health issues.

Joel Gary Selik
Joel Gary Selik
answered on Sep 20, 2023

The best way would be to consult with experienced medical malpractice attorneys in the State where this occurred.

For a malpractice case one almost always needs an expert doctor or other health care professional to testify the doctor acted below the standard of care and the malpractice...
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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: How do how can I sue a hospital or doctor for malpractice

I would like more information on how to move forward in building a legal case against two doctors for malpractice and negelct. Acknowledged health discrepancies without disclosure and resulting in long term health issues.

T. Augustus Claus
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answered on Sep 20, 2023

In Michigan, if you believe you've been a victim of medical malpractice, it's crucial to take a structured approach. Start by consulting with a specialized attorney who can assess the merits of your case. Before filing a lawsuit, you'll be required to provide each defendant a Notice... View More

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1 Answer | Asked in Civil Litigation and Personal Injury for Louisiana on
Q: What are my rights and what am I able to claim?

Garbage truck damaged my home left me without power for 32 days during the hottest part of the year. They are contracted through our police jury. Both have agreed the garbage company is responsible. Still waiting to be reimbursed. I had to get a loan on my car to get it fixed I have now los my car... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 20, 2023

If you have not consulted/hired an attorney then that's what you need to do as apparently what you have done thus far has not resulted in the results you seek. Use the Justia Find a Lawyer tab and search for accident or litigation lawyers in your area---call a few---many may offer free... View More

1 Answer | Asked in Personal Injury, Civil Rights and Criminal Law for California on
Q: I was arrested and handcuffs to a concrete bench in a cell with the cameras I was not allowed to go to the bathroom

So I ended up going on the floor in the cell the handcuffs we're not locked they were so tight I was begging for them to loosen them my hand has nerve problems I was begging them to unlock the cups and loosen them one of the cops came to the door looked in the window told me if I moved my crap... View More

James L. Arrasmith
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answered on Sep 19, 2023

If you believe your rights were violated during your arrest and detention, it's important to consult with an experienced attorney who can assess the specifics of your case and guide you on how to proceed. They may advise you to consider filing a complaint against the law enforcement agency... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I was hurt by a Chiropractor, how long do I have to seek legal action?
James L. Arrasmith
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answered on Sep 19, 2023

Under California law, if you were injured by a chiropractor, you generally have one year from the date of discovering the injury to file a medical malpractice lawsuit. However, in no event can you file a lawsuit more than three years after the date of the alleged malpractice. It's crucial to... View More

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2 Answers | Asked in Personal Injury and Landlord - Tenant for Washington on
Q: is it illegal for my roommates to go into my room while i’m at work and pack my stuff up to move their stuff in ?
T. Augustus Claus
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answered on Sep 19, 2023

If your roommates enter your room without your permission and handle your belongings, they might be infringing on several legal principles. Firstly, every individual has a recognized right to privacy. This extends to shared living spaces, where each resident typically has an expectation of privacy... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Arizona on
Q: Could I sue a surgeon for putting me through agony for 3mo due to trigger finger surgery I’m getting it fixed from Banne
T. Augustus Claus
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answered on Sep 19, 2023

To sue a surgeon for medical malpractice in a trigger finger surgery case, you must establish that the surgeon breached the standard of care, directly causing you harm. This typically involves demonstrating what the standard of care should have been, showing how the surgeon deviated from it,... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Arizona on
Q: Could I sue a surgeon for putting me through agony for 3mo due to trigger finger surgery I’m getting it fixed from Banne
Joel Gary Selik
Joel Gary Selik
answered on Sep 19, 2023

Such a case may be possible. An opinion from another doctor needs to be obtained (probably by a lawyer) indicating that the doctor acted below the standard of care and that caused the harm. Additionally, due to the nature of medical malpractice law and litigation, the viability may be determined... View More

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6 Answers | Asked in Car Accidents and Personal Injury for California on
Q: can you sue someone directly for car crash for being negligent other than insurance claim?

I had a car accident almost a year ago. Thank God, my children were already dropped off to school. The person who hit me head-on was high on marijuana (according to the police report) and was speeding, racing with another car and I was hit head-on, resulting in the total loss of both my car and the... View More

Frederick J. Sette
Frederick J. Sette
answered on Sep 19, 2023

I would be shocked if your current attorney is unable to help you with your injury claim as it sounds substantial. I would encourage further communication to clarify that fact and if indeed correct, immediately retain a qualified personal injury attorney to assist you with your bodily injury... View More

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6 Answers | Asked in Car Accidents and Personal Injury for California on
Q: can you sue someone directly for car crash for being negligent other than insurance claim?

I had a car accident almost a year ago. Thank God, my children were already dropped off to school. The person who hit me head-on was high on marijuana (according to the police report) and was speeding, racing with another car and I was hit head-on, resulting in the total loss of both my car and the... View More

Henry George Haddad
Henry George Haddad
answered on Sep 19, 2023

You should have a meeting with your lawyer to determine what actions he/she has taken thus far in prosecuting your case. In serious injury cases, such as yours, insurance carriers will reluctantly divulge their insured's policy limits. In addition, you can look at your own policy to see if you... View More

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6 Answers | Asked in Car Accidents and Personal Injury for California on
Q: can you sue someone directly for car crash for being negligent other than insurance claim?

I had a car accident almost a year ago. Thank God, my children were already dropped off to school. The person who hit me head-on was high on marijuana (according to the police report) and was speeding, racing with another car and I was hit head-on, resulting in the total loss of both my car and the... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Sep 19, 2023

You need to sit down with another attorney right away if your current attorney doesn't handle personal injury. That doesn't really make sense but if you are confused then more clarity is needed. Don't wait to find out. You should also confirm with your current attorney that you are... View More

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