Skip to main content
Andrew Daniel Myers

Andrew Myers’s Answers

12,994 total


  • Do I need a lawyer

    On 8/24/15 I stop by my local McDonalds and got a chocolate chip frapp after taken 4 drinks of it I realize that something was in it after spitting it in my hand I was in total shock to see it was somebody tooth ,

    Andrew’s Answer

    As awful as it is, this caused you no actual damage and so there is no recovery. This is a contract case and so legally the measure of damages is your bargained for exchange, which is the price of the milk shake. Usually places like this will offer you coupons for more. Emotional distress? Not really. Someone found a band aid in Chinese food in one of my jurisdictions and the case went all the way to the stare supreme court which basically said, sorry Charlie, no case. Look it up it's in one of my AVVO guides. I wish you the best.

    See question 
  • I am the executor to my father's estate. I wanted to know when the estate will be disbursed completely.

    My father died last October. I wanted to know when the estate would be completely disbursed. All bills and taxes have been paid. My nephew sued the estate and has gotten paid already. Is there a normal time frame that this has to be done in legall...

    Andrew’s Answer

    If you are the executor you are in the driver's seat. A will contest can drag things out. But if the nephew's claim has been resolved then without knowing all of the details of your dad's estate, it should be time now to look at wrapping things up. Seek advice from your probate attorney or if you don't have one, obtain a consultation. Best wishes with it.

    See question 
  • Do my husband and I need to rewrite our wills and power of attorney having moved to SC from NJ?

    We are in our 60's, both retired. We have a home and some investments.

    Andrew’s Answer

    Under the Full Faith and Credit clause of the U.S. Constitution each state must recognize the laws of other states and therefore a will valid in one state must be recognized by other states. However, It is highly advisable that you seek legal advice periodically anyhow as to any estate planning documents. Things change, even nuances that have happened in your life, in your investments and in the laws can make a difference and so I recommend highly that you do seek advice from an estate planning attorney in your jurisdiction. Also, remember that a will means your heirs will have to deal with probate court, whereas under a trust, your estate is administered privately without public court involvement.

    Good luck.

    See question 
  • Got kicked out of Cracker Barrel

    Hi my family and I were escorted by the police out of Cracker Barrel the officer said the manager called and said we looked tired and that they wanted us to leave we did nothing wrong is there anything we can do about this ? We dis not make a seen...

    Andrew’s Answer

    It is next to impossible to answer this question without many more details as suggested by attorney Rafter. Remember that although restaurants offer a public accommodation, they are still private property and the owners and managers of those private properties have every right to invite or disinvite people, as long as they are not doing so on the basis of discrimination against any protected group. So, if you are really wound up about this I highly suggest that you consult with a local attorney and tell them the details.

    See question 
  • Should I be worried about the Ashley Madison hack ?

    I'm a female and was on this site that was hacked..

    Andrew’s Answer

    Depends on what was posted and whether the hackers "got it" or not.

    See question 
  • When is expert testimony introduced for improper purposes? (Please do not tell me to get legal counsel. I am looking)

    I filed a negligence suit for injury caused while participating in a beginner sport. I was diagnosed with a specific injury by an ER physician & again by my primary care physician. The defendant seeks to introduce expert testimony to rebut the m...

    Andrew’s Answer

    Insurance defense counsel, if given the resources, will always retain an expert medical witness in order to refute the injured plaintiff's claims. This is just basic to their playbook which is to first dispute even relatively clear liability (what people incorrectly often call an 'open and shut case') and then to minimize damages, saying that the individual's harm is nowhere near as bad as they claim. As you put it, it is an attempt to confuse issues and there are valid ways to challenge it. Often the insurance defense attorneys themselves call it throwing as much mud up on the wall and seeing how much of it will stick. Please don't take it from me, here are what insurance insiders say about their favorite tactics, known as delay, deny, defend: http://www.attorney-myers.com/2014/06/delay-deny-defend-insurance-companies-dont-pay-claims-can-jay-feinman/ Sad to say, this is situation normal in the handling of personal injury claims.

    See question 
  • I had a civil judgment entered against me in 2011 and it has not showed up on my credit report, why is this?

    We initially agreed to settle out of court and have not done so. Record of this has not hit my records or my credit. Should I let sleeping dogs lie, or after three years is there any chance it will hit my credit?

    Andrew’s Answer

    Let sleeping dogs lie. Debt collection people representing creditors do go through court records and judgments in order to find and report judgments against debtors. It is even easier for them now as courts go electronic. But humans are involved in the process so they miss things. By calling and contacting the attorneys, the collectors or the actual creditor, you just be reminding them that they missed one so my advice: move on. Good luck with it.

    See question 
  • In a deposition I was asked to name what two plus year old checks were written for

    Can I object after the fact?

    Andrew’s Answer

    The issue is whether you were presented with a copy of the checks indicating payee, amount, date, memo, if any, and any other information on the check. You certainly should have been shown a copy of these documents prior to being asked to offer additional evidence. After the fact objections generally are worth about as much as after-the-crash warnings in that often contemporaneous objections are required, otherwise by answering you may be viewed as having waived the right to object. You can offer changes on an "errata" sheet that should be provided to you if you retained the right to read and sign the deposition. Here is why it is absolutely mandatory that one always go to a deposition with their own attorney, no excuses, and why paying for an attorney to represent one at a deposition will actually save time money and trouble in the long run: http://www.attorney-myers.com/2012/08/personal-injury-depositions/ My bottom line advice to you is to retain a civil litigation attorney in your jurisdiction now to review the actual facts and procedure of your case and to suggest damage control.

    See question 
  • Can you fail your first drug test on probation

    I got pulled over for expired tags in Lenoir city and I had weed on me. I told the officer that I did and he searched but only found what I told him I had. If I get probation, can I fail the first drug test?

    Andrew’s Answer

    You sure can. It's not a good idea. But the answer to your question is that yes it is possible to fail your first drug test. You might want to think about ways to avoid that from happening, but that was not your question.

    See question 
  • What kinda of attorney is best to sue social security, a disability lawyer or someone else?

    Like the Queens,New York situation I feel my situation has nothing to do with being disabled

    Andrew’s Answer

    Find an experienced Social Security Disability attorney in your jurisdiction to review the facts and procedure in your case, That is the most effective way to go forward with your interests. Suing Social Security is not the way to go.

    See question