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Andrew Daniel Myers

Andrew Myers’s Answers

12,917 total


  • Can a State be sued over a car accident?

    I was involved in a car crash in NH as a direct result of unplowed roads in 2011. I sustained a mid-grade concussion which aggrevated my depressive disorder.

    Andrew’s Answer

    You "can" always sue anyone but the real question is whether you have a case grounded in fact and law enough to make it worth your while. Suing any governmental entity any time any where raises procedural and substantive challenges in that the government makes the rules as to whether you can sue them at all. Do you think they are going to make it easy? Here is information that you need to evaluate specifically regarding the law in New Hampshire regarding suing a municipality or the state over alleged failure to properly plow snow: http://www.attorney-myers.com/2015/02/sue-city-snow/ I wish you the best and hope that this information addresses your concerns.

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  • I was in a car accident recently my medical bills exceed $7,000. The other insurance company is offering $647 for p&s.

    This amount seems low. Am i right? please help!

    Andrew’s Answer

    Evaluation of a personal injury claim requires analysis of facts. Many facts, far beyond a few lines posted on even a great website like AVVO are required in order to determine full fair claim value. If there's no liability, the case could be worth zero even if your damages are extremely high. If there's fairly clear liability and high damages, then the case could be worth a very high dollar amount. But these are generalities and to get a more specific opinion you've got to retain one of the good California AVVO personal injury attorneys. Doing the claim yourself is like announcing to the insurance company "I don't take my case seriously, I will shoot myself in the foot." This is not my opinion. This is what insurance industry insiders would tell you: http://www.attorney-myers.com/2014/09/insurance-claim-secrets/ So, now that you have read that link on Insurance Claim Secrets Revealed, I wish you and the good personal injury attorney whom you hire the best.

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  • I chipped a tooth from an olive pit on a piece of pizza A claim was filed but now i get run around should i get a lawyer?

    The pizza came from flying j. The guy remembers us buying it and it was returned promptly with my tooth and the pit. A claim was made. I submitted a quote from dentist 1,200 dollars but, now Chase in risk management says its a large claim and that...

    Andrew’s Answer

    Injury claims involving a tooth injury due to a foreign object in food are always contested and the answer to your question is that yes if you are serious about the claim you should retain an experienced personal injury attorney in your jurisdiction ASAP. The restaurant is going to point the finger at both the supplier of the item and you. The supplier of the olive will point the finger at both the restaurant and you. Meanwhile, you'll be left watching the food fight without someone making the correct legal arguments on your behalf. Here is what you are up against: http://www.attorney-myers.com/2014/09/insurance-claim-secrets/ Why are they blaming you? Because they'll say you ordered a pizza with olives and olives normally and usually have pits and you knew or should have known of the potential hazard and been more careful. I agree that the pits should have been removed. But, this is just one small example of the pushback you face now. Do not do this alone if you are serious about your personal injury claim. I highly recommend that you retain an experienced personal injury attorney in your jurisdiction.

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  • I live in Massachusetts, I currently have a slip and fall lawsuit pending. It is now going on 3 1/2 years without a first offer

    I live in Massachusetts, I currently have a slip and fall lawsuit pending. It is now going on 3 1/2 years without a first offer, and haven't spoke to my lawyer in a year. Is this something of concern? should I look for a new one and start all ov...

    Andrew’s Answer

    There is no way in the world to second guess your case based on a couple of lines posted on the computer. My clients ask for appointments and within reason I'm happy to see them any time, but certainly within a year. While some slip and fall cases can ratchet up huge settlement dollars, other slip and fall or trip and fall injury cases come back with a big zero. The reason is that the injury itself does not warrant an automatic payout. The person or entity that "caused" the injury must be found to have done something, or failed to have done something, that makes it liable. Here's what that means: http://www.attorney-myers.com/2012/03/slip-and-fall-liability/ The fact that there is no offer could mean any one of a number of things. There are awful insurance companies. There are also awful cases. Call and ask your attorney for an office appointment to find out which it is. I wish you the best.

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  • Bankruptcy advice

    I asked this question in the car accident section... I'm being sued by GEICO for a car accident (my husband insurance denied the claim). they want me to sign this week a stipulation of settlement agreement for the $20,000 balance. Im prepared for ...

    Andrew’s Answer

    Are you out of your mind? You would sign an agreement with an insurance company without first consulting with your own attorney, who has your own best interest in mind? Not only that, an agreement that would potentially in your own mind put you into bankruptcy? Do not allow GEICO or any other insurance company impose a phony made up deadline for you to sign their self-serving paperwork. You need to consult with an attorney who, like myself, does both car accident claims and litigation, but also knows bankruptcy law. Here is why: http://www.attorney-myers.com/2014/09/insurance-claim-secrets/ In addition please be aware that insurance industry insiders, not plaintiff's attorneys, would give you the same advice: http://www.attorney-myers.com/2014/06/delay-deny-defend-insurance-companies-dont-pay-claims-can-jay-feinman/ I'm not licensed in your jurisdiction, this answer is provided for informational purposes, but the general insurance industry points I've made are largely universal nationwide. Do not sign anything without consulting with an attorney who has your interest and your interest alone in mind.

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  • Can a person be awarded attorney fees for a fight that they started?

    I realize that a person can sue for pretty much anything. If a person starts a fight a fight with someone and comes out on the losing end, can they then be awarded attorney fees if they sue that person?

    Andrew’s Answer

    Lawsuits require a good faith basis and so I have to stop you after the first sentence. It is absolutely true that a person "can" sue for pretty much anything. Just like you "can" go out in the middle of the shopping mall and jump up and down and flail your arms up and down. That does not mean that it is the wise thing to do either way. Law suits are dismissed every day across the country and so saying that you "can" sue does not end the analysis as to whether it is wise to go forward with civil litigation or a civil law suit. Here is my favorite answer to the question 'Can I Sue?': http://www.attorney-myers.com/2012/05/personal-injury-can-i-sue/ As to the rest of the question with regard to legal fees, any answer would be pure speculation without knowing more facts but my gut - which is right more often than it is wrong - says the likely answer is no. Sorry and best wishes with it!

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  • If I got in to a car accident 6 years ago can I still make a claim for injuries? I went to the doctor and reported it after

    I know the statue says 4 years but I didn't start getting back problems until now. I have not been involved in any other injuries since the accident. I reported it and made a claim with the insurance company. They took 100 percent responsibility. ...

    Andrew’s Answer

    The statute of limitations brings a limit on the time period during which a legal claim may be pursued by filing a complaint in a court with proper jurisdiction. Statutes of limitation are enacted state-by-state and they do vary. So, you should definitely rely on the good AVVO attorneys in your state who have given you good answers on how things work in your state. I'm adding my answer only because it may help you understand why you are apparently out of luck, and what the policy reasons are for such seemingly draconian statutes of limitation. Here's more on the subject: http://www.attorney-myers.com/2012/06/personal-injury-statute-of-limitations/ Car accident claims, and in fact all personal injury claims, require clear medical documentation as to causation, and so that you haven't been involved in any other injuries since the accident does not meet the burden of proof. What you would need, if you had not gone past the statute of limitations, would be a clear statement from a physician that the present injury is to a reasonable degree of medical certainty, causally related to the prior accident, without equivocation. I know it sounds simple, but it is not. The law books are filled with thousands of pages of cases where this element of causation sent the case south. I wish you the best of luck.

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  • Does putting cabon copies of bible verses on the comments sections in porn sites violate my 1st amendment rights?

    Does the 1st apply in this case as porn companies are privately held? I want to put bible verses in the comments sections of these sites however does this behavior fall under harassment or abuse under their ToS (terms of service). What are the leg...

    Andrew’s Answer

    A carbon copy? Really? When I first started practicing law more years ago than I care to admit, lawyers had carbon paper and made copies on onion paper with a 'typewriter'. They also had something called multi colored carbon sets. If you have figured out a way to bring back carbon paper and somehow post it on a computer you should see a patent attorney. Otherwise, posts like this always inspire in in that not only college student but others are able to make the rest of us laugh by pranking us. Here's what I mean: http://www.attorney-myers.com/2014/04/fools-in-the-law-2014/ To answer your question the First Amendment arises only where a governmental entity or what the law calls a 'state actor' attempts to restrict free speech in some way that violates the First Amendment. I wish you the best and guess that if I go to church this Sunday, between you and I, I'll be the only one. Cheers!

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  • On a possible late claim

    How can a person file a law suit concerning injury to a minor after the statute of limitation has passed ? I was indisposed as to where i was unable to file the claim. Is it acceptable to file a very late claim ?

    Andrew’s Answer

    • Selected as best answer

    Statute of limitation issues are largely driven by state law. What that means is that whether or not a claim is prevented from being filed by a statute of limitation depends entirely on the statutes in each state. One thing that is relatively universal is that claims on behalf of minors are on hold so to speak until they reach the age of minority. Here's more background on statutes of limitation: http://www.attorney-myers.com/2012/06/personal-injury-statute-of-limitations/ Now that you're asking the question, seeks answers in an office consultation from an experienced personal injury attorney in your jurisdiction. I'm not licensed in your state so this is not actual legal advice, but an effort to give you background information that may help. I wish you the best.

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  • It's been 4 yrs since I fell and hit my head on stairs of apartment due to bkack ice is it too late to sue?

    I was unconscious for 3 hrs and had 5 staples in head..

    Andrew’s Answer

    Statutes of limitation generally cut off the time period during which you may make a claim and file a complaint in a court with proper jurisdiction. Unless you were a minor or there is some other valid exception to the statue of limitations, the fact that four years have elapsed will block your ability to pursue a claim. As a matter both of public policy, and also as enacted by law in each state, statutes of limitation set down a time period during which a claim may be made. If this is not done in a timely manner, then the case is done. Here's what that means: http://www.attorney-myers.com/2012/06/personal-injury-statute-of-limitations/ Different states have different statutes of limitation. My chart indicates that the limitation period in your state for personal injury cases is two (2) years. However, this is not legal advice in that I am not licensed in your state. If you're smart you will waste no further time and you will make an appointment with an experienced personal injury attorney in your state ASAP without delay to explore all of the facts and to determine whether there is any way to salvage your case. I wish you the best.

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