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Andrew Daniel Myers

Andrew Myers’s Answers

12,965 total


  • Do I have to give information?

    My wife and I are on a auto policy together. She recently was in a solo accident (her fault) I was not in the vehicle, but our insurance wants my phone records. We did contact each other post accident but I'm not seeing how our phone records are ...

    Andrew’s Answer

    Under the terms of nearly all if not all auto insurance policies, you have a duty to cooperate with your own insurance company. For failure to do so, the policy usually allows them to disclaim coverage. If there is some issue beyond that which is included in your post I highly recommend that you consult with an attorney in your jurisdiction.

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  • Is it possible to get an eviction and collections taken off my credit report?

    The complex was very informative and helpful, so there isn't any major disputes there, but basically, my husband didn't pay the rent, lost his money gambling, and left me. I wasnt working at the time, so I wasn't in any way prepared to pay the deb...

    Andrew’s Answer

    If it was joint debt then you are both individually liable. In other words if you both signed the lease and you both signed for whatever other debt that there is now in collection, then it is your debt. If you did not sign then it is not your debt. Under the Fair Credit Reporting Act there is a procedure for removing inaccurate information from credit reports. Most credit reports explain this, even if in fine print, but the fair credit reporting act is also available on line. I wish you the best with it.

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  • Can a officer pull u over for no reason and wat happens wen they dont tell u wat they pulled u over for.

    My friend had a warrant and they saw his wife driving down the street so they pulled her over for no resson. They could not see her husband because the windows r tented so they had no proof he was even in there. They harrassed her just because she...

    Andrew’s Answer

    In order to have a lawful vehicle stop the police need what is called a reasonable suspicion of the commission of a traffic infraction or of the commission of some violation of the law. It doesn't have to be much, it can be a broken tail light or a tire going over the lines in the side of the road. Reasonable suspicion can arise from a police officer’s own observations of the conduct of the motor vehicle operator. But, the police can stop a vehicle based upon the an anonymous tip from another driver or pedestrian.

    I am a personal injury attorney. But this is pretty basic stuff. My guess, if you challenged this one, they're going to some up with reasonable suspicion.

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  • I am looking for a workers comp attorney for a allergy to trace minerals case.

    Allergy to trace minerals and need representation.

    Andrew’s Answer

    AVVO has an attorney finder tool at the top of this page. Workers compensation benefits are defined in each state by the language of a state statute as well as various regulations on workers compensation. In some workers compensation cases there is the potential to recover ‘pain and suffering’ damages, but only by way of a third party settlement. Without more specific information, it is difficult to give you a conclusion as to what benefits apply to you based just on your posting. But here's information of they types of claims that are covered by workers compensation: http://www.attorney-myers.com/2012/12/workers-compensation-injuries/ I highly recommend that you consult with an experienced workers compensation attorney ASAP.

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  • I was recently informed through a friend of mine that I am no longer allowed in a particular store for no reason.

    my friend had sent me a message stating that I was banned from the store. I was never asked to leave from management or other staff.

    Andrew’s Answer

    Hard to believe there is "no reason" a store would want you to stay away. Stores are generally in business to make money and as long as potential customers go in there and behave themselves, there's no reason why they would ban people. Talk to your "friend" and then also talk to the management at the store and find out what's going on. Then if there's still a legal question, try posting more facts. Good luck with it.

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  • Property line dispute resolution?

    I purchased a home in Marin County California in fall of 2013. In 2014 we conducted a survey prior to exploring some remodel options. The survey found that a neighbor's wall protrudes onto my property. I told the neighbor about this and asked tha...

    Andrew’s Answer

    If you have a valid survey, retain an attorney to send correspondence requiring the removal of the wall within 30 days or other short deadline. You should not delay because under the very old but still valid doctrine of adverse possession, a non-owner of land becomes the true owner of the land if they possess the land openly, continuously, exclusively adversely and notoriously for a statutory period of time that varies by state. So, your neighbor may actually own the land equitably now and all that remains is for the neighbor to file an action to quiet title and claim the land.

    While you might have a cool calm rational discussion with the neighbor, and while that might work, if not, you will need to retain an experienced attorney who has handled such cases before in order to complete a thorough review of each legal requirement for adverse possession with attention to the facts of your case and how the courts of your state have handled such cases.

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  • Time frame

    I was approved for workman's comp medical only 3-20-15 then taken off work 6-30-15. 7-9- 15 Insuance company starts to pay me 7-22-15 received an email they want an investigator to speak with me I never asked to be on temp disability was ordered...

    Andrew’s Answer

    Workers compensation benefits are defined in each state by the language of a state statute as well as various regulations on workers compensation. In workers compensation you are entitled to a wage replacement benefit and payment of related medical bills. In some cases there is the potential to recover ‘pain and suffering’ damages but only if there is a third party settlement. It is difficult to give you a conclusion as to what is going on specifically with your claim at this point. But, here's more general information about workers compensation benefits: http://www.attorney-myers.com/2012/12/workers-compensation-injuries/ I highly recommend that you consult with an experienced workers compensation attorney ASAP.

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  • What is the definition of medical malpractice and how can I find the right lawyer to handle such a case

    no details yet just need an answer to that question first

    Andrew’s Answer

    Medical malpractice requires establishing that a patient was caused injury as a result of medical care that fell below the average standard of care. It's tough to answer such a question without a detailed interview with you and a review of available medical records. Therefore, I recommend that if you believe that you may have a claim, that you obtain a consultation with a malpractice attorney. Medical malpractice law comes right out and states that there is no cause of action simply for a bad result or a bad judgment by a medical provider. Here is more information which I hope you find helpful: http://www.attorney-myers.com/2012/09/medical-malpractice/ I wish you the best and hope that you found this helpful.

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  • How can you prove that you cannot be at a criminal case due to health reasons (what documentation must be provided)?

    I am a witness/victim in a criminal case. During this time, I wont be able to stand in front of the court. How can I justify my absence and how many days in advance must I inform the court?

    Andrew’s Answer

    Call the prosecutor. Or, have an attorney call the prosecutor. It is not a god idea to just ignore a subpoena. You'll likely be required to present a note from your physician.

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  • Is The Below Case Worth a Lawyer Taking As A Contingency case on. Breach of Contract?

    Is a Case in Kansas , Where Sale Took place of $34,000 and Failed Product delivered and Seller Unwilling to correct And Prevents Buyer From Ky making $25, 000 to -$50,000 a Year For at least 5 Years Plus Hours, Days and Months seeking Help from s...

    Andrew’s Answer

    Generally speaking the contingent fee agreement is largely used in the personal injury context. This is a products sold and delivered contract type of dispute and commercial litigation may seem "open and shut" at first but complications always rear their heads at some point and more legal work than anticipated is required. Generally commercial litigation requires a fee agreement and a retainer and the work is billed hourly. So if you call 10 attorneys and they all say no to the contingent fee agreement, you'll know why. If one says yes, you're in luck. Here is what I base my answer upon: http://www.attorney-myers.com/2012/03/personal-injury-contingent-fee-agreements/ I certainly wish you the best with this.

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