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Andrew Daniel Myers

Andrew Myers’s Answers

12,965 total


  • I cut three fingers off to my knuckles because of a trim press not having the right equipment an also out dated at work.

    I cut the tip of my index finger,middle an third fingers to the knuckles at a private company north shore manufacturing through a temp service

    Andrew’s Answer

    Injuries sustained at work are compensated by workers compensation. Whether it is a private company, as you have indicated in your posting, or any other company, employers are required to provide workers compensation insurance benefits. The most expedient thing I can tell you is to consult with a workers compensation attorney in your jurisdiction right away because the workers compensation laws vary from state to state. Employers and their workers compensation insurance companies also want to get to you and tell you they'll 'take care of you' without an attorney. What they really mean is that they don't want you to retain an attorney to give you advice as to all of the workers compensation benefits that are available to you. Here's what I mean: http://www.attorney-myers.com/2012/12/workers-compensation-injuries/ Good luck with it. I wish you the best.

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  • Marrying to a person with previous felony and jail term.

    I want exploring my options about marrying my girl friend who is an inmate at the moment. Can I marry her and apply for green card. How practical/difficult is it to prove that marriage is done on good faith?

    Andrew’s Answer

    Best bet is to use the "Find a Lawyer" tab above and to retain an immigration attorney. There are too many facts that need to be looked at beyond a couple of lines posted on a website to be able to give you an accurate answer over the computer. I wish you the best.

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  • How can I retain a good personal injury attorney for product liability? Do I even need one?

    I purchased chicken salad from Sam's club and a week later Sam's club called to alert me that what I purchased was recalled. Unfortunately I had already consumed the product and was already sick and began treatment. After about a day or so I wa...

    Andrew’s Answer

    There are many reasons why a personal injury claim requires expertise from an experienced personal injury attorney. Here are a few:

    (1) The insurance industry's own statistics confirm that once an attorney is brought in to a claim, the value goes up.

    (2) Your own attorney has a duty to fully inform you of all potential elements of recovery which the insurance company claims adjuster will not take time to tell you about.

    (3) Settlements are forever. This means that if you decide to accept a settlement, this is the final disposition of the case forever. Should you later need additional treatment or discover an outstanding charge you did not know about, it is too late to go back. Here are some other reasons: http://www.attorney-myers.com/2012/10/personal-injury-10-reasons-not-to-do-it-yourself/

    I wish you the best and hope you're feeling better.

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  • Does a judgement in small claims court affect your credit score?

    I work as a salesman for a small used car lot and one of the customer is taking me to small claims court b/c she believes she was sold a lemon. If she wins and i'm ordered to pay will this affect my personal credit score in any way?

    Andrew’s Answer

    A judgment in small claims court can affect a credit score. As an attorney who does bankruptcies I look at many credit reports. Every time I file a bankruptcy for a client I pull their credit report. It is not infrequent to see small claims judgments and other judgment on credit reports. It is hit or miss, sometimes these things are there and sometimes they are not. Best bet is to take the small claims court claim and make sure it is resolved in your favor or by a settlement. Good luck with it.

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  • Burned at a crowded hookah bar, is this case worth fighting?

    At a crowded hookah bar in NYC, while standing at the bar someone knocked one of the 5 hookahs lined up at the bar which were not mine. The coal landed in my shoe giving me severe burns 2nd/3rd degree on my outer ankle. The bouncer gave a first ai...

    Andrew’s Answer

    Here's the problem, Liability against the bar depends on many factors not the least of which was whether they were aware of the potential for problems and whether they took reasonable steps to provide security. Did they set up the place so that accidents were likely? Was the place too crowded and were there too many people? These are questions usually, but not always, for an expert. Generally the negligence of a third party, the person who knocked down the hookah, can cut off the liability of the premises owner, but not always. The other factor is that even if you track down and establish liability against the person who knocked over the hookah, there is no point to it if they have no assets or assets all of which are exempt and unreachable by attachment. It is a waste of time. You might try the Find a Lawyer tab above on this AVVO page to obtain a second opinion, but none of us in here can give you a yes or no based on the facts provided. I wish you the best.

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  • What kind of lawyer would I need if I'm suing a catering company and a venue from my wedding

    For example there is no Ac the day of my wedding the grass was not cut the day of my wedding the day before my wedding there was a major leak from the third floor all the way down to the first floor as well as the food being undercooked.

    Andrew’s Answer

    Depending on the amount of damages you might be able to do it yourself in small claims court. If you want to find a local attorney willing to help try the 'Find a Lawyer' tab above on this AVVO page. I wish you the best.

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  • I was shot and spoke with a lawyer who says i have no case against the bar i was shot in and the shooter who was sentenced

    The shooter was sentenced for 18 months probation and $200 fine. I spoke with a lawyer and he claims i dont have a case against the bar and afraid to go after shooter. My doctor told me to also apply for disability. Please help.

    Andrew’s Answer

    Liability against the owners or operators of a tavern or other establishment that serves liquor depends on many factors not the least of which was whether they were aware of the potential for problems and whether they took reasonable steps to provide security. Generally speaking the criminal conduct of a third party, the shooter, cuts off the liability of the premises owner, but not always. I'm not going to second guess another attorney's view where that attorney obtained many more facts beyond a couple of lines in a computer post. But the other factor is that although you may be able to establish liability against the "shooter" and to obtain a judgment, there is no point to it if they have no assets or assets all of which are exempt and unreachable by attachment. It is a waste of time. You might try the Find a Lawyer tab above on this AVVO page to obtain a second opinion, but none of us in here can give you a yes or no based on the facts provided. I wish you the best.

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  • Is there an advantage or disadvantage to filing a will contest before the will is entered into probate court?

    I've been told it is better to file contest before will is entered into probate court. Is this true and why? Thank you.

    Andrew’s Answer

    If you are on speaking terms with the Executor perhaps you could talk, or suggest a mediation. Otherwise, the procedure generally is that the will is filed in the court and parties at interest should get notice and then you have a certain period of time, depending on the jurisdiction to file an objection. Two of the nastiest law suits I’ve ever seen were will contests. They dragged on at length. People on all sides paid dearly in time and money. In one, I was one of two attorneys representing one client’s interests. The other attorney was a probate expert. I was the litigation guy. So, it's always a good idea to talk things through or to mediate if possible.

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  • Do I need a Consumer attorney?

    Since purchasing vehicle 4 months ago, we have not received any information to make payments. Several attempts were made to retrieve information with no luck from dealership. The responses were "We are working on it." This week we received another...

    Andrew’s Answer

    That's crazy. Usually the lenders want their money. Many things could have happened including that the initial confirmation from a lender may have been later reversed, or the dealer failed to submit the paperwork. In that you have already gone in to the dealership three times I would say yes, find a local consumer attorney. Use the Find a Lawyer tab on top of this AVVO page.

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  • Lawsuit because car insurance company does not settle

    I was involved in a car accident last year and found at fault. The other driver fractured her ankle (not "badly", but it's a fracture anyway). My limits were very low ($25k) and they are demanding $100k. I was just served with a lawsuit, and my in...

    Andrew’s Answer

    I agree with what the other attorneys have posted here. In addition I must add that as a personal injury attorney in Massachusetts the insurance companies fight every claim. They don't want to pay top dollar and they don't want to give the policy. Right or wrong, they'll say the injury is not as bad as the injured person claims. They'll say there were pre existing conditions. Your insurance company does have a duty to defend you and you have a duty to cooperate with them. You might find your own attorney to simply review the damages and the rest of the file to advise you as to whether you are at risk for a verdict over your policy limits. Here is some perspective on what is up with the insurance companies: http://www.attorney-myers.com/2014/06/delay-deny-defend-insurance-companies-dont-pay-claims-can-jay-feinman/ Hang in there and I wish you the best.

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