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Personal Injury Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: I'm inquiring for a friend that is 80 years old and requested my help to resolve a matter that has developed over many

His story: I had a serious accident when I was working in Los Angeles, Ca. Because of the accident I had to retire and was prescribed Vicodin to help with my pain. when I moved to Sacramento, Dr. Valdez became my doctor. He put me on 40mg of Methadone three times a day. Until recently he... View More

James L. Arrasmith
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answered on Dec 1, 2023

Under California law, patients have the right to receive appropriate and continuous medical care. In your friend's case, abrupt changes in pain management, particularly with opioids like Methadone, must be handled with caution to avoid withdrawal symptoms and to manage pain effectively.... View More

2 Answers | Asked in Personal Injury and Car Accidents for Nebraska on
Q: Passenger in uber fender bender. Hurt neck & now have issues moving it. They want to settle at $1.4k fair or worth more?

Had prior back issues but never neck issues. Doctor said ct scan yesterday showed post traumatic neck pain due to injury and the only injury to my neck is the uber. Have degenerative disc's in spine in neck area and straightening of the normal cervical lordosis. Which causes more pain ontop of... View More

Julie Fowler
Julie Fowler
answered on Dec 4, 2023

Are the medical bills, anticipated medical bills related to injury due to the accident, and lost wages expected to be more than $1,400? Is there any compensation for pain and suffering? Does the total still equal $1,400 or less even with some compensation for pain and suffering? Depending on... View More

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2 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: if I signed an agreement with mva attorney for them to receive a certain percentage yet they take more than agreement ?

I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 1, 2023

What an attorney can charge is determined by contract--the attorney client fee agreement. If it provides for one percentage, that is all that can be charged for fees. Check the fee agreement as it is not uncommon for there to be an increased fee if a lawsuit is filed.

Certain costs may be...
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2 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: if I signed an agreement with mva attorney for them to receive a certain percentage yet they take more than agreement ?

I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email... View More

Tim Akpinar
Tim Akpinar
answered on Dec 1, 2023

Some of these things may be outlined in the retainer agreement, which is usually signed at a client intake meeting. Attorneys do deduct some of the costs mentioned here - court filing fees, summons and complaint process server fees, medical records, etc. It could depend on what you and your... View More

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1 Answer | Asked in Personal Injury for Florida on
Q: Insurance investigation claim time frame

I had gotten injured from the ground collapsing while standing on walking path and went down in a hole about 3 ft. Its newly constructed city owed public marina. Filed report with city and they gave me a claim number to cover medical bills. The insurance started an investigation a few months ago... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 1, 2023

Are you sure it's a private insurance company that is handling the claim, as opposed to the city itself? If it's a private insurer, they generally should complete their investigation and either pay or deny the claim within 90 days. If it's city risk management, and a proper notice... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Michigan on
Q: I was renting an apartment for nearly 10 years, it had toxic mold they refused to fix. I moved, they took SD, can they?

I didn’t pay the rent the month we were moving. My son had been displaced from our home due to the flooding of his room and mold since July. We moved in Oct bc they refused to do the proper remediation, or any at all, just patch work to cover the water damaged areas. I’ve spent the last 3 years... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 1, 2023

If I understand your facts correctly, you left

Without paying the final month of rent and they took your security deposit to pay that rent.

There is no law that prevents that.

Indeed they are even permitted to take past due rent without having to file a court case....
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2 Answers | Asked in Personal Injury and Landlord - Tenant for Michigan on
Q: I was renting an apartment for nearly 10 years, it had toxic mold they refused to fix. I moved, they took SD, can they?

I didn’t pay the rent the month we were moving. My son had been displaced from our home due to the flooding of his room and mold since July. We moved in Oct bc they refused to do the proper remediation, or any at all, just patch work to cover the water damaged areas. I’ve spent the last 3 years... View More

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2023

I'm sorry for your ordeal. I can only speak for the injury-related attributes of your question. You could consider reaching out to law firms to try to set up a free initial consult to discuss those health/mold issues in further detail. Unfortunately, they can be difficult cases, with many law... View More

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1 Answer | Asked in Personal Injury, Products Liability and Car Accidents for Florida on
Q: Can you sue and individual when then knowingly covered up damage to a vehicle that made it unsafe?

A few months ago I purchased a used truck. After asking very specific details about the vehicle history I purchased the truck. last week I had a brake failure going through a major intersection, luckily no one was injured. had the truck towed to a mechanic and he found the frame of the vehicle... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 30, 2023

Sure does sound like the kind of fraud that you can make a claim for. If the purchase agreement specified it was an "AS IS" sale, that would be a defense - but that defense could fail in some limited circumstances of there being certain clear, provable representations made by the seller... View More

1 Answer | Asked in Personal Injury for Florida on
Q: I feel like my ankle monitor is causing my spine to age prematurely. Slowly disabling me. Can I sue for injuries?

11/25/23 I went to the hospital for pain in my mid to lower spine. The doctor says that my spine is that of a person in the fifties and I'm only in my thirties. I've had my back inspected before the ankle and that was only 3 to 4 years ago and my spine was healthy. I want to sue for... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 30, 2023

Before determining if there is some type of actionable negligence regarding your monitor, you'd need to have a physician's opinion that the monitor is causing your pain condition. If you have such a written opinion, then reach out to personal injury lawyers, and you'd also need to... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Missouri on
Q: I was a inmate in custody being transported to Missouri from Michigan . Was in a accident in Kentucky

Was thrown against the cage while shackled . never was given option to go get checked out was told had to sign papers or no one would eat

James L. Arrasmith
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answered on Nov 30, 2023

In your situation, where you were injured while being transported as an inmate, you may have legal rights that need to be addressed. The circumstances you described, particularly being denied medical attention and being coerced to sign papers under duress, raise serious concerns.

Firstly,...
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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: I was involved in an accident that was not my fault in a rental. Why are they refusing to pay toward another rental?
Mark Oakley
Mark Oakley
answered on Nov 30, 2023

Who are “they”? The rental company is not responsible for that. Rental reimbursement under an insurance policy is provided when your car that is damaged in an accident is not drivable due to it being a total loss or because it is in the repair shop. You would then be given a covered rental... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: How do I write up my bad surgery issue when sending to an attorney while in search a consultation? Do I send a quick

Run down or a detailed from the time I went in for the surgery until when I was released to go home?

James L. Arrasmith
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answered on Nov 30, 2023

When reaching out to an attorney for a consultation regarding your surgery issue, it's beneficial to provide a detailed account of your experience. Start with a concise summary of the main points, including the type of surgery, date, and the specific issues or complications you faced. This... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: How do I write up my bad surgery issue when sending to an attorney while in search a consultation? Do I send a quick

Run down or a detailed from the time I went in for the surgery until when I was released to go home?

Joel Gary Selik
Joel Gary Selik
answered on Nov 30, 2023

It is helpful to state:

1. The name of the doctor and the city of the practice.

2. What the doctor did wrong.

3: What future treatment, wage loss and other harm will there be due to the malpractice.

4. The date of the malpractice and the date you discovered the malpractice.

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1 Answer | Asked in Personal Injury, Health Care Law, Gov & Administrative Law and Municipal Law for California on
Q: Can I sue a homeless shelter for refusing to let me in even with a referral from the hospital

I have a really bad infection in my leg and just got out of surgery and they said if it gets worse there gonna amputated my leg well I'm homeless and so I'm severely at risk of infection out here .I need to get into a shelter till my leg Gets better or I will.loss.my leg but they denied... View More

James L. Arrasmith
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answered on Nov 29, 2023

The ability to sue a homeless shelter for refusing admission can be complex and depends on various factors. Shelters often have specific admission policies and may deny entry based on their guidelines. However, if you believe the denial is based on discrimination or a violation of your rights, you... View More

4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: When a surgeon makes a mistake during surgery would this fall under a malpractice or negligence?

When a person marks the agreement box when signing before surgery and the surgeon makes a mistake does marking the agreement box cause the patient to lose their right to file a claim?

T. Augustus Claus
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answered on Nov 29, 2023

When a surgeon makes a mistake during surgery, it could fall under both medical malpractice and negligence. Medical malpractice is a specific type of negligence that occurs when a healthcare provider deviates from the standard of care and causes harm to a patient. Negligence, on the other hand, is... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: When a surgeon makes a mistake during surgery would this fall under a malpractice or negligence?

When a person marks the agreement box when signing before surgery and the surgeon makes a mistake does marking the agreement box cause the patient to lose their right to file a claim?

James L. Arrasmith
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answered on Nov 29, 2023

In California, if a surgeon makes a mistake during surgery, it may fall under medical malpractice, which is a form of negligence. Medical malpractice occurs when a healthcare professional deviates from the standard of care in their field, leading to patient harm. This can include surgical errors.... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: When a surgeon makes a mistake during surgery would this fall under a malpractice or negligence?

When a person marks the agreement box when signing before surgery and the surgeon makes a mistake does marking the agreement box cause the patient to lose their right to file a claim?

Tim Akpinar
Tim Akpinar
answered on Dec 1, 2023

Loosely speaking, people use the terms interchangeably. As my colleagues have correctly pointed out, malpractice is a form of negligence, which is why the two words are equated semantically. As to the second element of your question, one would need to see what it was that you signed. But it's... View More

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3 Answers | Asked in Personal Injury and Medical Malpractice for Idaho on
Q: The doctor left a metal clip inside my mother after surgery in 2018 she can barely walk now, can she sue?

She had a hernia surgery in 2018 since then her health has progressively gotten worse to the point that 8 had to quit my job to take care of her. She has been in excruciating pain and finally they just did an xray and saw a metal foreign object blocking the hip xray likely left there from her... View More

T. Augustus Claus
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answered on Nov 29, 2023

Yes, your mother may have a case for medical malpractice against the doctor who performed her hernia surgery. Leaving a foreign object in a patient's body is a serious medical error that can cause significant pain and suffering.

To establish a medical malpractice claim, your mother...
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2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: How many years after settlement of PI case in state of CA can medical providers ask me for additional payment?

PI Case in California.

If any medical provider is unhappy with their share of the settlement that they have received, how many years after PI case settlement can they ask me for additional payments for services rendered?

James L. Arrasmith
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answered on Nov 28, 2023

In California, the time frame for a medical provider to seek additional payment after the settlement of a personal injury (PI) case depends on the statute of limitations for written contracts or the specific agreement terms. Generally, the statute of limitations for debts arising from written... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Does a person have a case if a surgeon hits an artery during surgery which causes a vascular surgeon to come in to fix?

If a person was scheduled for an out patient surgery but ends up having to stay 5 days in ICU due to Surgeon's mistake?

James L. Arrasmith
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answered on Nov 28, 2023

Determining whether a person has a legal case against a surgeon who inadvertently caused a complication during surgery, such as damaging an artery, depends on several factors. These factors typically revolve around the concepts of medical negligence or malpractice. Here are key considerations in... View More

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