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Andrew Daniel Myers

Andrew Myers’s Answers

13,007 total


  • Can i find a lawyer who will accept 33% NET for a premises injury?

    The case has photographs depicting liability very clearly. i have medical insurance and could utilize that without involving an attorney and could initially send a demand letter myself. Unfortunately, someone in my family was burned in the past an...

    Andrew’s Answer

    Retaining the best attorney to optimize your case isn't like buying a car. Either way you have every right in the world to shop around and get the best possible deal. Question whether the "deal" is for the cheapest good or service that will serve you most effectively. Any case requires financial outlay of cost in terms of medical records - not the tear sheet medical offices give you to get you out of the office. Personal injury attorneys work on a contingency, which means they only collect payment for their work if they win. I would advise you to speak to a few attorneys and to retain the BEST attorney, not the attorney who might promise to save you a few bucks. My grandmother told me 'you get what you pay for'. Here's more in contingent fee agreements: http://www.attorney-myers.com/2012/03/personal-injury-contingent-fee-agreements/ Also, please do not take this the wrong way but there is no such thing as an 'open and shut case' especially in a premises liability case. I certainly wish you and your family the best with this.

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  • My dog was on Phenobarbetol, and he needed more meds. I was having a hard time financially and could only afford the medicine

    I could only afford to get the medicine and not the regular routine lab work accociated with giving a pet this drug. The doctor refuses to renew the Phenobartitol my dog needed to control his seizures unless I brought him in for lab work and blood...

    Andrew’s Answer

    As someone who has spent tons of money on pet medications and who has also gone through a number of veterinarian offices, it is hard to answer this question without much more information. Medical and animal medical veterinarian providers must meet certain federal regulations when prescribing controlled substances and this may be what is behind the vet's work in this case. I think you have gotten good advice elsewhere to try another vet. There are attorneys who specialize in animal law and you should seek one out. I wish you and your dog the best.

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  • I was in home depot attempting to pick up this lumber and the side that i tried to grip cut my hand and sliced my pinky.

    had to get two stitches but i cant used my hand for a few weeks

    Andrew’s Answer

    You were attempting to pick up the wood and tried to grip the item and so the question is what the stationery piece of wood or the owner of the store did or failed to do that rose to the level of negligence. There are actually expert witnesses who have testified in cases against that particular retail company but the issue is that they require a hefty payment to review all of the facts. The value of the finger injury does not merit the expense. I certainly wish you the best. I know that this is not the answer you were looking for, but I have to give it to you straight. Here's what I mean: http://www.attorney-myers.com/2013/04/premises-liability-law-and-injuries/ I sincerely hope that this gives you perspective.

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  • If a case is dismissed or thrown out do I need to go through the process of expungement?

    I been fighting a case, but it got dismissed last week I want to know if I need to go through the process to get it expunged or is it automatically expunged? Please help

    Andrew’s Answer

    Dismissal means you were NOT guilty. Constitutionally you had the benefit of the presumption of innocence. Dismissal means you retain that presumption of innocence. I wouldn't worry about easting time and money on an expungement.

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  • Who do I need to contact in regards to my general contractor refusing to finish the job that he signed a contract to do?

    I hired a general contractor to do a kitchen remodel last June 2014. In October 2014 he came to us and asked if he could finish another job that he needed to get done. Since I just had knee surgery we said that would be fine. Since then he has com...

    Andrew’s Answer

    There are several approaches but this would be mine: (1) Get estimate from another contractor to finish the job. (2) Send estimate to first contractor demanding that he either remit that amount to you OR you will give him the opportunity to come back and finish the job satisfactorily, either way in 30 days only. Barring that, bring a civil action, in small claims court if your damages are within your local small claims court's jurisdiction, in district court if otherwise, seeking the money damages for the estimate.

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  • What is the best way for a buyer to verify lot size, square footage and encroachments on a property?

    Form 22D Optional Clauses Addendum to Purchase & Sale Agreement states that the buyer is advised to verify the above within the inspection contingency period. What is the best way to do this?

    Andrew’s Answer

    The best way to identify lot size, boundaries, square footage and encroachments is to retain a licensed surveyor.

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  • Is a verbal agreement just as important as a written contract?

    Just under a year ago my sister, her boyfriend, my boyfriend, and I all started planning a Disney vacation together. In February of this year we finally all agreed on booking. At the time, my boyfriend and I were fighting and literally right befor...

    Andrew’s Answer

    This is a case for small claims court. Generally speaking a written contract clearly has the upper hand because the parties have read it, had a meeting of the minds and formalized their agreement in a signed enforceable writing. While an oral agreement is in fact generally speaking less enforceable there are some exceptions. One of the exceptions is where the parties to the agreement have changed position in reliance upon a promise by another party. SO, for example, if you had charged the trip up on your credit card, changing your position by incurring charges against you, you have changed your position in reliance upon the promises of sister's boyfriend. That is your argument and yes, any texts or other statements do in fact help you. Good luck.

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  • My personal health insurance is asking questions concerning an accident that happened. Is there anything I should be aware of?

    My personal health insurance helped pay for a MRI I had after a car accident. They are asking awfully specific question in a form concerning what parts of the body were injured, my car insurance, other party's insurance, whether or not I settle...

    Andrew’s Answer

    There is a document that health insurance companies send out called a Third Party Liability Questionairre. Nearly all if not all Health insurers have a right of third party recovery, which means that they obligate themselves to pay for routine checkups, for treatment required for a health condition or disease and other health needs. However, when the health insurance company pays for the treatment of an injury that has been caused by the negligence of a third party, whether a car accident, slip and fall injury or other accident, then they have a contractual right to be reimbursed for their payments from that third party. That is what is happening to you is your personal health insurance is reaching out to you to find out if they have that right of recovery in your case. Here's more: http://www.attorney-myers.com/2013/12/health-plan-liens/ It is important for you to deal with them so that you do not endanger your future health benefits. However, it is crucial to deal with them in the correct manner. By asking you questions about what parts of the body were injured they are actually helping you by focusing only on those injuries directly related to the accident so that their recovery does not include unrelated health charges. Have your attorney help you with this so that your own best interests are optimized. I wish you the best.

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  • Do I need a lawyer if I obtain a injury in a hospital?

    During a dialysis treatment I developed a massive hematoma in the right arm.which later required surgery and left a scar.

    Andrew’s Answer

    See another physician and get an opinion. Evaluation of a potential medical malpractice question can't be done on so few facts. Go up to AVVOs Find a Lawyer function on the top of this page. I wish you the best.

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  • What is the ramifications of my spouse not producing document requested in my divorce counterclaim?

    My attorney has requested these on multiple times, without pay $300/hr, I would like to know what the delay in producing documents can mean to the divorce proceedings

    Andrew’s Answer

    I agree fully with attorney Nolan's advice. My only additional perspective is to raise the issue as to what document it is that is causing the concern. Parties are required in litigation to produce documents, but my answer as to whether to kick it up to the next level would depend on what the document(s) is(are) and how significant they are. If we are asking for very basic income and asset information there's no court in the world that should not enforce such a request. If we are asking for the receipts for little Johnny's shoelaces, then my answer might be different. So, I would ask for a conference to go over all of this with your attorney. This type of thing is one of the reasons I stopped doing divorces many moons ago. I certainly wish you the best with this.

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