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Products Liability Questions & Answers
1 Answer | Asked in Personal Injury, Products Liability, Civil Litigation and Environmental for North Carolina on
Q: I was just wondering how a mass tort really works .in a mass tort the individual will be compensated for there on injury

An if that so what would someone be expecting if he or she was directly exposed to afff or pfas for 18-20 months every day an after words they wer

Diagnosed with germ cell testicular cancer In stage three from there not Hodgkin’s lymphoma, severe lung disease took a colitis chemotherapy... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2024

A North Carolina attorney could advise best, but your question remains open for a week. It would be best to reach out to law firms to discuss the exact way they handle things. But as a general matter in cases involving large numbers of plaintiffs, they can be handled as part of large multi-district... View More

2 Answers | Asked in Personal Injury, Products Liability and Wrongful Death for Texas on
Q: How much to ask for as it relates to pain and suffering?

Spouse was diagnosed with stage four cancer at 47. He worked in contaminated train yard for 17 years. The contamination was unknown at time of diagnoses.

He said, come to his injuries and leave behind one spouse of 20 years, who he intended to send back to college because she was a stay at... View More

John Michael Frick
John Michael Frick
answered on Mar 8, 2024

Pain and suffering is a non-economic damage to compensate your spouse for the conscious physical pain he endured as a result of his exposure which caused his cancer up to the time of his death. It is recoverable by the personal representative of his estate in a survival action. How much to ask... View More

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2 Answers | Asked in Personal Injury, Products Liability and Wrongful Death for Texas on
Q: How much to ask for as it relates to pain and suffering?

Spouse was diagnosed with stage four cancer at 47. He worked in contaminated train yard for 17 years. The contamination was unknown at time of diagnoses.

He said, come to his injuries and leave behind one spouse of 20 years, who he intended to send back to college because she was a stay at... View More

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

I'm very sorry for the loss of your husband. I agree with my colleague on the pain and suffering element. It would depend on the nature, duration, and severity. You may already be represented by counsel, but if not, please keep in mind that if the railway entity you mention has public elements... View More

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1 Answer | Asked in Personal Injury and Products Liability for California on
Q: I purchased a product from timu that caused rush. And Burns on my scalp and hair loss. Can I sue for damages.

I have been wearing her extinctions for 20 years. I've never had any problems. And I purchased this product and put it in my hair. The result was Ed extreme rash. And hair loss, I'm afraid I'm going to have to shave my hair to get these out. Because I cannot still with t. Reaction... View More

James L. Arrasmith
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answered on Mar 5, 2024

Under California law, if you've suffered harm from a product, such as the rash, burns, and hair loss you've described from using hair extensions, you may have grounds to sue for damages. This could involve a product liability claim, where you allege that the product was defective or... View More

1 Answer | Asked in Employment Law, Personal Injury, Products Liability and Agricultural Law for Maryland on
Q: Can a former employee to a pest control company sue for improper training, poor safety equipment and working un licensed
Tim Akpinar
Tim Akpinar
answered on Feb 26, 2024

A Maryland attorney could advise best, but your question remains open for a week. The type of case you describe can be complex because such cases sometimes involve multiple parties in potential third party actions - you could reach out to law firms to try to set up a free initial consult. That... View More

Q: Can manufacturer be saved to pay compensation to the patient for supplying defective equipment mistakenly for surgery?

A manufacturer supplying medical equipments from a long period of time and never supplied defective equipments. A hospital is well known hospital never found with any negligency before. Here, a consumer has got a liposuction surgery but got infected after successful surgery as technician found... View More

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2024

You say that the patient came to India for summer vacations. If that means this occurred in India, the best thing to do would be to consult with law firms in India. This forum is limited largely to U.S. law and courts. It's likely the defendants here already realize what needs to be done, in... View More

1 Answer | Asked in Personal Injury, Products Liability and Small Claims for Colorado on
Q: Is expert testimony necessary in smash claims court
Tim Akpinar
Tim Akpinar
answered on Feb 12, 2024

A Colorado attorney could answer best, but your question remains open for a week. Every state's small claims sections have different rules, but in general, small claims disputes don't usually involve expert testimony. The cases tend to be straightforward, courts want to move them quickly,... View More

Q: How do you know if a limit goes by statue of limitations or statue of repose?

Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Indiana, determining whether a claim is governed by a statute of limitations or a statute of repose depends on the specific nature of the claim. The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated, while the statute of repose limits the... View More

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Q: How do you know if a limit goes by statue of limitations or statue of repose?

Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More

James L. Arrasmith
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answered on Feb 24, 2024

Differentiating between the statute of limitations and statute of repose can be crucial in legal matters like yours. The statute of limitations sets a time limit for filing a lawsuit after an injury or harm occurs, while the statute of repose imposes an absolute deadline, typically based on the... View More

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1 Answer | Asked in Products Liability and Consumer Law for Oregon on
Q: I went to a dealership to get my car fix they diagnose and less then a month my motor exploded

Check engine light was on. They said it was just a misfire on one of my coils they fixed it. They charged us 800 the next day. My car left me at the dentist place with my daughter. My car wouldn’t turn on the car smell like gas and there is smoke coming out of the engine the next day they were... View More

T. Augustus Claus
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answered on Jan 29, 2024

In Oregon, if your car's engine failed shortly after receiving service from a dealership, you may have grounds to pursue a claim under product liability and consumer law. Initially, gathering all relevant documentation, including service records, receipts, and any communication with the... View More

1 Answer | Asked in Personal Injury, Products Liability, Civil Litigation and Health Care Law on
Q: I believe my gambling problem can be linked to Parkinson's medication I was taking for restless leg syndrome.

I was just made aware of several past law suits against pharmaceutical companies related to the link between problem gambling and medication usually prescribed to treat Parkinson's disease. My life has suffered massively as the result of a gambling "problem" I developed while taking... View More

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2024

A California attorney might be able to advise best, but your question remains open for two weeks. You're asking, "Any takers?" It could be difficult for attorneys here to reach out to you. There is no solicitation or referral on this forum - it's limited to general legal Q &... View More

2 Answers | Asked in Personal Injury, Products Liability, Real Estate Law and Insurance Bad Faith for California on
Q: Buyer agent did not inform me of Seller's insurance

I recently purchased a home for the first time. Today, six months later, we experienced heavy rainfall and there was a leak from the garage ceiling. I recently learned about a one-year seller’s insurance that could cover this, but I was not aware of it at the time of purchase. My agent, who... View More

James L. Arrasmith
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answered on Jan 22, 2024

Under California law, real estate agents owe a duty of care to their clients, which includes disclosing material information that could affect a client's decision-making in a real estate transaction. If your agent was aware of the seller's insurance that could cover such damages and... View More

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4 Answers | Asked in Medical Malpractice, Products Liability and Personal Injury for California on
Q: I need to find a lawyer to deal with a medical malpractice in the santa cruz ca area. I had a facial fuller put in with

my doctor didn't tell me anything about the filler before he used it and it's over a year and I'm still full of wounds, scars..he used Sculptra which once I reviewed it has many law suites for damage..it's the same company that paid $50 million to Linda Evangelista for the... View More

James L. Arrasmith
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answered on Jan 18, 2024

Under California law, if you believe you have a medical malpractice case, it is important to seek legal assistance. In such cases, a lawyer can help you understand your rights and the potential for a lawsuit. Medical malpractice generally involves a healthcare provider's failure to exercise... View More

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4 Answers | Asked in Medical Malpractice, Products Liability and Personal Injury for California on
Q: I need to find a lawyer to deal with a medical malpractice in the santa cruz ca area. I had a facial fuller put in with

my doctor didn't tell me anything about the filler before he used it and it's over a year and I'm still full of wounds, scars..he used Sculptra which once I reviewed it has many law suites for damage..it's the same company that paid $50 million to Linda Evangelista for the... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 18, 2024

Sorry this happened to you. There are a host of possibilities for counsel including some here who could either take the case or refer it out to the best fit for you. As noted, you may also have some claims you are not even aware of, so talk to one or more attorneys asap, and/or seek... View More

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2 Answers | Asked in Products Liability, Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Which Medicare regulations impose legal liabilities?

Which Medicare regulations impose legal liabilities on Hospital and doctors, other then FCA and Stark law?

James L. Arrasmith
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answered on Jan 6, 2024

Under Medicare regulations, several laws impose legal liabilities on hospitals and doctors in California, besides the False Claims Act (FCA) and Stark Law.

The Anti-Kickback Statute (AKS) is crucial. It prohibits offering, paying, soliciting, or receiving anything of value to induce or...
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2 Answers | Asked in Consumer Law, Personal Injury and Products Liability for North Carolina on
Q: Can you sue a company that put alcohol in a cooking spray that was not labeled to have that ingredient in it
James L. Arrasmith
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answered on Dec 25, 2023

Yes, it may be possible to sue a company for failing to properly label a cooking spray that contains alcohol. Some key considerations in evaluating a potential lawsuit:

- Product liability laws require companies to adequately warn consumers of any risks or hazardous ingredients in their...
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1 Answer | Asked in Personal Injury, Products Liability, Elder Law and Medical Malpractice for California on
Q: SSA adjudication Approved spine 2012 surgery vertebra truncated pedicle. 2023 All insurance 0 cancer treat sarcoma tumor

Doctors state "patient Off Meds Cymbalta P4E perceived stress scale Depression only symptoms NO Ortho" "Foot IV shared needle infection failed surgery and 2007 0 radiculopathy False" 1 Cancer Vertebrae truncated pedicle screw tracks L5 malignant tumor sacral chondromas L5... View More

James L. Arrasmith
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answered on Dec 25, 2023

In general, it sounds like you have been through a lot medically and may have grounds to appeal previous disability claim decisions or file new claims. However, disability law and medical details can be quite complex. I would suggest consulting with a patient advocate or disability attorney who can... View More

Q: Federal case filing and serving question

Complaint and Summons that Plaintiff has to serve on Defendant will be downloadable from PACER?

Is it the same that conformed copy?

James L. Arrasmith
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answered on Dec 24, 2023

In a federal case, once the complaint and summons are filed, they can indeed be accessed through PACER (Public Access to Court Electronic Records). PACER is a comprehensive source for federal court documents, including filed complaints and summons.

It's important to note that the...
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1 Answer | Asked in Products Liability and Personal Injury for Louisiana on
Q: I got baby food from the store. Fed my child whom is 9 months. and she starts throwing up no expiration date on jar

Is this illegal?

Can I sue the store or the brand

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2023

A Louisiana attorney could advise best, but your question remains open for three weeks. Only a local attorney could advise about state-specific health and consumer protections. But as a general matter, I believe law firms would be reluctant to handle such a case. I hope your baby is okay and... View More

1 Answer | Asked in Personal Injury and Products Liability for Nevada on
Q: I was seeing an attorney re: IVC settlement in February I received notice that my case was settled I called my attorney

And they said it wasn't them and to ignore them months later my attorney said they can't help because it was settled by another attorney which I knew nothing about so I called to see if I can accept they told me time had past I called my attorney ànd they said nothing they can do so I... View More

Tim Akpinar
Tim Akpinar
answered on Dec 19, 2023

A Nevada attorney may be able to answer best (unless the case is part of a multi-district litigation, in which case the handling attorney may be able to answer best). If the statute of limitations wasn't blown, one option could be to speak with the other attorney whose settlement you missed... View More

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