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Andrew Daniel Myers

Andrew Myers’s Answers

13,010 total


  • 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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  • Do I need a attorney for past credit history to improve my score.

    I'm looking to clean my credit.

    Andrew’s Answer

    Check out the Fair Credit Reporting Act. It is actually a relatively short law, compared to most, and it tells you everything you need to know about challenging incorrect info on your credit report. There are far too many facts in the post for me to comment more effectively. I wish you the best.

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  • Facing a DUI Charge Does it make a difference I was blacked out drunk when given my blood draw at the hospital.

    I may have been functionally blacked out and do not recall giving consent nor the trip to the hospital nor my cab trip home.

    Andrew’s Answer

    I don't think this is the worst of the issues in your case if you were operating a vehicle then passed out. You may or may not have given consent. There are not enough facts in the post for anyone to give you a final answer. You may or may not be deemed to have consented to the blood draw. But the one thing I do know, in order to present an effective defense you need to retain an experienced DUI attorney in your jurisdiction. None of this 'I can't afford ... ". Based on what is at stake here, you can't afford NOT to. I wish you the best.

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  • In what way(s) can one report a public figure for crimes and prevent their name from being published by the media?

    Example: Rapper Rick Ross and his bodyguard were arrested for kidnapping and pistol whipping a man. The victims name was printed in the Boston Metro May, 2015.

    Andrew’s Answer

    The news media is free to publish crime reports, as long as what they report is accurate they are largely protected. It called the First Amendment.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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