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Andrew Daniel Myers

Andrew Myers’s Answers

13,020 total


  • I want to sue foodcity corporation for pain and suffering and damages my daughters has been through from their neglagence.

    gabe had been working for foodcity for over a year but child support doesnt know because his friend at food city was hiding him so he can keep all of his checks without no garnishments from child support so my daughters not getting her money and w...

    Andrew’s Answer

    With all due respect it is extremely difficult to understand the post here but from what I can glean the employer appears to have been bending over backwards, even potentially breaking the law, to help and now you want to sue them. I may be very wrong about this but a lawsuit against the employer would not seem prudent or viable. I highly recommend that the individual involved seek out an office consultation with an attorney in your jurisdiction so that you and he can explain the facts and get to the bottom of your concerns. I wish you the best with this.

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  • If I file a Motion to Stay and it's granted, do I have to file an answer to a civil suit?

    A party filed a civil suit against me in which he stated false and harmful allegations against me regarding another civil suit between me and a third party. Party one will be called as a hostile witness in third-party case and the allegations are...

    Andrew’s Answer

    If a motion to stay would be granted the case is essentially placed "on hold" and so in that event the answer would not generally be required. However be very careful because an answer is required generally in a very short period of time after the papers are served upon the plaintiff. Without knowing more than is posted in a couple of lines here, it would seem relatively simple to answer the complaint. An answer is not a lengthy dissertation but generally only requires a good faith "admit", "deny" or language to the effect that defendant is unable to admit or deny and leaves the plaintiff to prove same. The best suggestion that can be made to you is to retain a civil litigation attorney in your jurisdiction to ensure that your rights are fully preserved and pursued under the rules of civil procedure. I wish you the best with this.

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  • How much should I expect for this personal injury? Looking for a new lawyer

    I was 18 going on 19 when I suffered an accident it was over a year ago. I suffered bulging discs and herniation on my neck. I was driving my friends car and I was hit straight on from the back while I was stopped at a light. The car was going abo...

    Andrew’s Answer

    Many factors go into the evaluation of a personal injury claim including the information included in your post, but a great deal more information is also needed. My advice is to schedule an office appointment with your attorney so that you can sit down and review the facts and status of your injury claim. if you are unable to do so or if you are not satisfied you do have the right to retain new counsel. It is not unusual for injury claims to take time to bring to a conclusion. Medical records may not be as clear as they should be, the insurance company may be stubbornly fighting liability and damages, which is what insurance companies do. But here is my answer to the question of how much is my personal injury case worth: http://www.attorney-myers.com/2011/06/what-is-my-personal-injury-case-worth/ I wish you the best with your case and the issues you mention.

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  • 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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  • 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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