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1 Answer | Asked in Personal Injury and Car Accidents for Pennsylvania on
Q: How long does it take for the assigned claims plan to pay in Pennsylvania
Tim Akpinar
Tim Akpinar
answered on Oct 25, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. It could depend on the complexity of the claim, their backlog, and how long it takes to eliminate the possibility of other sources of insurance. Assigned claims plans or public accident indemnification plans in... View More

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: Where can I find sample punitive damages interrogatories?
Charles Candiano
Charles Candiano
answered on Oct 25, 2024

Just to review, compensatory damages are usually the only damages awarded, in any action. Punitive damages are extremely rare and in Indiana courts, they are limited to $50,000 of which only A maximum of$12,500 is payableTo any Plaintiff. After attorney fees and costs, your recovery is capped at... View More

1 Answer | Asked in Personal Injury for Florida on
Q: a mother sued for neglience on baby death/ father did not know there was neglience. what can he do to be added to suit

Father just found out his son died due to neglience of hospital in 2009. mother started a suit in 2019. she just contacted him and told him about the suit and actually showed the death certificate. he was unaware of suit and the hospitall neglience. what should he do? she did not included him in... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 24, 2024

You appear to be sending this question in on behalf of the father, as friend or relative to the father. If that's the case, tell the father to pick up the phone and call a lawyer. He should've been notified of the suit at the time it was being pursued, which apparently was a long time... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: I was given an experimental drug at a hospital without my consent and it resulted in serious medical issues, can I sue?

In 2016 I was taken to OHSU because I had contracted necrotizing fasciitis from the Clackamas River. They knew that my legs needed to be amputated in order to save my life but instead they gave me an experimental drug without my consent to see if it would stop the rate of the infection. It did not.... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2024

If OHSU deviated from the standard of care by not amputating your legs promptly, which is a known effective treatment for necrotizing fasciitis, you might have a case for medical malpractice. The experimental drug trial's protocol, if it delayed necessary treatment, could be seen as negligence... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: I was given an experimental drug at a hospital without my consent and it resulted in serious medical issues, can I sue?

In 2016 I was taken to OHSU because I had contracted necrotizing fasciitis from the Clackamas River. They knew that my legs needed to be amputated in order to save my life but instead they gave me an experimental drug without my consent to see if it would stop the rate of the infection. It did not.... View More

Brad  Holbrook
Brad Holbrook
answered on Oct 22, 2024

This is a horrible situation, and I hope that you are finding ways to manage despite the limitations. There could be liabiity for acting without your consent or perhaps outside of the scope of what is accepted standard of practice in the community. Bad outcomes don't automatically equate to... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Texas on
Q: Were we offered a fair settlement or should we consult an attorney?

My spouse was injured in an auto accident where the other driver was negligent and at fault. He had pre existing spinal injuries that were worsened in the accident as well as new injuries including.

Injuries (New)

L2 - Disc bulge.

L3-4 - Bilateral facet arthrosis.... View More

Tim Akpinar
Tim Akpinar
answered on Nov 13, 2024

My colleagues raise good points. Looking at the findings that your case presents, some of them appear to be degenerative in nature, which means that at trial, the opposing attorney would argue are not causally related to the impact of the accident (things like arthrosis, scoliosis).... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for Ohio on
Q: Contacted Histoplasmosis in 2018 from 3 years on Humari. Is it too late to get compensation for pain and suffering

Histoplasmosis started in Lung and traveled to left eye. Took shots in eye for a year. Still have problems driving and has prevented me from going places. Have nodule in lung and scarring

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2024

An Ohio attorney might be in the best position to answer, but your question remains open for three weeks. I'm sorry for your ordeal. The best way to answer your question could be to reach out to law firms that have experience with cases involving Humira (adalimumab). A local attorney should... View More

1 Answer | Asked in Car Accidents and Personal Injury for Ohio on
Q: illegal left turn making me swerve them and crashing am i able to still sue? weboth have liability theirs is denying me

someone made an illegal left turn in front of me causing me to swerve them and crash. her insurance is denying liability since there’s no proof she caused it since we didn’t come in contact. (she did go into a local allstate unit and it was obvious she was in the wrong even tho they didn’t... View More

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2024

I'm sorry about your accident. A Pennsylvania attorney could advise best, but your question remains open for three weeks. From a textbook standpoint, yes, you have a case. Although the other vehicle did not make contact with you, it appears that they were the cause of your accident. From a... View More

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Missouri on
Q: Can I sue a surgeon who messed up my shoulder surgeries and then neglected my care to the point of disability.

I was injured and went to an orthopedic surgeon who did two surgeries a partial shoulder replacement using allograft and then a subsequent arthroscopy to release my shoulder because they thought it was frozen shoulder. My range of motion wouldn't increase no matter how much PT I did and I kept... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 21, 2024

I am sorry to hear about your situation.

If the statute of limitations has not yet passed, you may sue for negligence. Medical lawsuits are difficult and expensive. Attorneys who take these cases generally do so on a contingency basis, investing their own time and money into a case and...
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1 Answer | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: My husband was injured on a machine that is manufactured in China. They ignored the 10 day default notice what happens

now. My current lawyer seems way out of his element. Is it best to just give up? He said it is extremely doubtful that we would get any compensation from the Chinese manufacturer. My husband can’t do the job anymore that he used to do. We are sinking financially now due to him being able to only... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

I’m really sorry to hear about what you and your husband are going through. It sounds like a deeply frustrating and overwhelming situation. When a foreign manufacturer ignores a default notice, like the one you sent to the Chinese company, it doesn’t necessarily mean you have to give up. It’s... View More

2 Answers | Asked in Personal Injury for Montana on
Q: I have more then 1 suit in this case should I get 2 or 1 firm 4 mis diagnosis, malpractice, fabrication of emr record?
Stephen Murray
Stephen Murray
answered on Oct 18, 2024

In a case where you have multiple claims, like misdiagnosis, malpractice, and fabrication of electronic medical records (EMR), it’s usually better to work with one firm that can handle all the aspects of the case. The reason is that all these issues are likely intertwined and related to the same... View More

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2 Answers | Asked in Personal Injury for Florida on
Q: What is the worst thing that can happen if I don’t sign the affidavit request from the other party’s attorney?

I was involved in a rear end accident with a motorcyclist. They are filing to claim under my insurance and the other party’s attorney is requesting an affidavit of request. I’m not really comfortable with signing the request.

Tim Akpinar
Tim Akpinar
answered on Oct 20, 2024

I don't blame you. An affidavit from the opposing attorney is rarely something meant to help you. It sounds like you are the defendant here. That would mean your insurance carrier will be arranging defense counsel for you. Review the affidavit request with them. As my colleague advises,... View More

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Q: I requested FMLA after a serious documented hand injury at work that resulted in work comp and physical therapy & Ortho

This was my companys response below , should i leave and sue ?? Are there any grounds to sue Nd can they make me work

Hi john,

There is a process to FMLA. I have your request in writing however I cannot approve FMLA until I have paperwork from your physician.

I can get... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

From what you’ve described, it seems your company is following the standard FMLA process by requiring paperwork from your physician before approving your leave. This is pretty typical, as FMLA approval hinges on documented medical necessity. They’re giving you a chance to submit the necessary... View More

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Personal Injury for Texas on
Q: If my lawyer didn't file motion own time an got dismissed,an refiled it under new cause number is he causing malpractice
John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Maybe but not necessarily.

If a personal injury lawsuit is dismissed without prejudice, it can be refiled as long as the statute of limitations has not expired. On the other hand, if the statute of limitations expired before the second lawsuit was filed AND you would have definitely won...
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3 Answers | Asked in Personal Injury for New Jersey on
Q: i a guy shoved me off of my bike causing minor injury and damage to my bycicle, and caused me to miss work for a week

this is more than reason to sue correct?

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Absolutely, that sounds like more than enough reason to explore a claim. If someone shoves you off your bike, that’s intentional, reckless behavior, which can lead to legal liability. Your injuries, even if minor, combined with the damage to your bike and the lost wages from missing a week of... View More

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2 Answers | Asked in Personal Injury on
Q: Is it fair to hold my husband liable for the child's injury since the child was not related and came along on his own?

Our neighbor came to us and asked if my husband could drive and use our mini cab to transport the deceased to the cemetery, as it was the burial day of their family member. They were asking for help. However, while they were on their way home, a child who was not part of the bereaved family had... View More

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2024

I'm sorry for the loss in your community. This looks like it took place in the Philippines, so attorneys there would need to advise. This forum deals largely with U.S. laws and courts.

If this occurred in the United States, the child's medical expenses could be picked up by the...
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2 Answers | Asked in Personal Injury on
Q: Is it fair to hold my husband liable for the child's injury since the child was not related and came along on his own?

Our neighbor came to us and asked if my husband could drive and use our mini cab to transport the deceased to the cemetery, as it was the burial day of their family member. They were asking for help. However, while they were on their way home, a child who was not part of the bereaved family had... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

This sounds like a tough situation. If your husband didn’t know the child had tagged along, and the child was playing unsupervised in a dangerous way, it complicates things. The child wasn’t under your husband’s care or responsibility, and it seems like your husband couldn’t have prevented... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Do I have a case?

The patient had surgery, developed an infection, and later was hospitalized. The attending doctor performed labs, resulting in Staphylococcus aureus (MRSA), a recommendation for debridement was intervened by the original doctor. After discharge, the original doctor ignored the recommendation to... View More

Jonathan E. Freidin
Jonathan E. Freidin
answered on Oct 17, 2024

While every case is different, and all medical malpractice cases require a in-depth look at the medical records, it sounds like the original doctor may have been negligent in failing to perform repeat labs, recognize the infection, and act quickly enough to prevent serious injury or further spread... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Do I have a case?

The patient had surgery, developed an infection, and later was hospitalized. The attending doctor performed labs, resulting in Staphylococcus aureus (MRSA), a recommendation for debridement was intervened by the original doctor. After discharge, the original doctor ignored the recommendation to... View More

Anthonia Imudia
PREMIUM
Anthonia Imudia
answered on Oct 17, 2024

The legal implications of a doctor ignoring a recommendation to repeat a laboratory test for MRSA after a patient's surgery and waiting a year to debride the wound, resulting in disfigurement and chronic pain, can be significant under Florida law. This scenario likely constitutes medical... View More

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1 Answer | Asked in Criminal Law, Personal Injury and Health Care Law for Virginia on
Q: I recently found out that I had a surgical procedure performed by an unlicensed individual, can I initiate a lawsuit?

I had a hair transplant procedure at Virginia Surgical Center in Virginia Beach. They’ve been exposed recently for performing unlicensed surgical procedures. I was not aware at the time of my procedure that these individuals lacked medical education, training, and licensure.

I am... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

I recommend that you consult with a lawyer who handles plaintiffs' work in the Virginia Beach area. Make sure that you preserve all evidence (photos, etc.) of these issues, as well as of your medical appointment itself (bills, etc.). There's no shortage of firms handling such work. You... View More

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