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Andrew Daniel Myers

Andrew Myers’s Answers

12,965 total


  • Work Injury

    Ok..so I guess I should rephrase my last question.. I want to know if its worth pursuing an action if possible ,against my employer as well as a third party.. Several people have been injured over defective shop equipment and the general manager...

    Andrew’s Answer

    Workers compensation requires compliance with statutes and regulations which vary widely from state to state. It's true that if there is a third party that is responsible for your injury then you have what is known as a third party claim, outside of the workers compensation case for your injuries. AVVO is a great forum. But in order to realistically determine what the feasibility is as to a third party claim you need to obtain an office consultation with a workers compensation attorney in your jurisdiction. A detailed factual intake needs to be done in order to make a meaningful determination as to what your rights and remedies are for your accident. Here is more on third party cases: http://www.attorney-myers.com/2012/02/injuries-on-the-job-and-workers-compensation-benefits/ My recommendation: retain workers compensation counsel.

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  • If you're walking onto someone's driveway trying to sell them something, can they pump their rifle and tell you to leave?

    In Texas, is it legal to pump your rifle and point it at someone for no reason? How loose are your "castle laws" and when is lethal force or the threat of lethal force justified? If you wake up in the middle of the night and someone is headed t...

    Andrew’s Answer

    This sounds more to me like a term paper or other writing assignment. I used to find doing the research for school papers a challenge and a bit fun. That was before the internet. Now research is so much easier. Log into your favorite search engine and go to it.

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  • How much past medical information do I have to divulge on a worker comp claim? Dealing with Corvel asking about info from 14yr a

    how much of my medical history do I have to provide to Corvel? Their wanting my medical history from yr ago. I hurt my foot by having a pallet dropped on it and their wanting to know about all my past surgies, car accidents etc..

    Andrew’s Answer

    If you stubbed your toe when you were a child the insurance company will throw it into the mix, leaving the inference that the accident is all your fault and that the current injury is not related to your employment. Retain an experienced workers compensation attorney in your jurisdiction to monitor and handle any and all requests by the insurance company for past relevant medical treatment and to insure that the company has all of the present medicals. The insurer may obtain some medical history but you need correct representation to insure that they do not go too far. Here's more on the subject of pre existing injuries: http://www.attorney-myers.com/2012/04/preexisting-injuries-and-conditions/ Workers compensation is all about compensating people for injuries sustained in the course of employment. Each state has its own unique law. This is why it is so crucial for you to consult an experienced compensation attorney in your jurisdiction. I wish you the best with this.

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  • Can I sue a guy for borrowing $900 and won't give it back?

    I let a friend borrow money at different times in the beginning of this year and he said he would start paying me back the first week of April which is gone now. All I have is text messages of how much I gave him and him saying he would pay me bac...

    Andrew’s Answer

    I usually tell people that an oral contract is worth the paper it is written on, which is nothing. However in your case, based on the texts and what is in them a court MIGHT be able to construe a promise by him to pay supported by consideration in that there is confirmation that you gave the money and he accepted the funds. This is a textbook classic example of why no loan should ever be made without a written signed note. Yes, I know, you trusted him. But in the years I've practiced law, read AVVO questions and read questions from the readers of my newspaper column, I have seen so many people who lent money be stiffed that NO ONE SHOULD EVER LOAN MONEY TO ANYONE UNLESS THERE IS A SIGNED WRITING. No exceptions unless you really don't expect or need the money back. Cheers.

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  • My neighbor stole my dog.

    After moving in my dog went missing, I posted flyers and asked several neighbors about the missing dog. My girlfriend saw it six weeks later in my next door neighbors possession, I then saw it in her house as I asked for it back. She will not re...

    Andrew’s Answer

    Call the police. Most departments have an animal control officer. Even if not, this is theft and a police matter.

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  • Can I sue my county or city police department for not drug or alcohol testing the person who hit me with a SUV?

    I was hit on a clear day, straight stretch, and ended up loosing a leg. I almost died and was unstable for 12 hours after being life-flighted the lady who hit me was never tested or charged with anything but no insurance and driving on revoked lic...

    Andrew’s Answer

    You COULD sue the county or city police department for not giving drug or alcohol tests to the person who caused your accident. However, realistically this is not a viable lawsuit because police are granted discretion in whether or not to make an arrest in any circumstance and in how to handle the circumstances. Further, the laws and the procedure that grant people the ability to bring civil actions against government entities largely exempt government officials from suit where they are performing a discretionary function. Here's more information on suing the government or its employees: http://www.attorney-myers.com/2012/03/claims-against-the-government/ You have sustained severe injuries in a horrendous motor vehicle accident. I highly recommend that you retain an experienced personal injury attorney in your jurisdiction to pursue the real cause of the accident, the driver of the other car.

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  • I have consulted with an personal injury attorney regarding my accident and injuries, what now?

    Am I supposed to obtain my medical records or is that something she's suppose to request since I signed medical release form? I have received the forms from my insurance company requesting an actual written report of my accident, do I have to prov...

    Andrew’s Answer

    Hiring an attorney after a motor vehicle accident is the right thing to do. Going through the insurance claim process and dealing with the injuries after a car accident can be traumatic. Most personal injury attorneys have you sign the medical authorization so that they can then obtain your relevant medical records in order to deal with the insurance company. Why don't you call again and ask for another appointment in order to go in and speak to the attorney with your questions. Here's how to make the most of your appointment with an attorney: http://www.attorney-myers.com/2012/08/personal-injury-initial-consultation-make-the-most-of-it/ Sustaining injuries in a car accident can be traumatic, so I wish you the best with this.

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  • OMG! My land has being taken by aliens! Help, please!

    My neighbor's driveway is half on our property, what do I do so he doesn't take our land permanently?

    Andrew’s Answer

    Are you talking about space aliens or an encroachment on your property? Consult with a property attorney in your area to determine what the encroachment is all about and remedies that are available to you. Not too many attorneys I know can help you with space aliens so I would focus on the encroachment. You may need a surveyor to determine where the boundary is in relation to the driveway. Do not hesitate because people that sleep on their rights can lose them. The following article on adverse possession may or may not be helpful; http://www.attorney-myers.com/2013/07/adverse-possession-law-boundary-disputes/ I must emphasize that it is important for you now to seek legal counsel.

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  • Do I have a case to force a hair salon to reimburse me for fixing a botched hair color job?

    I responded to an ad on craigslist for a free cut/color at a reputable salon. The stylist sent me pictures of what the color would look like, and I agreed. The appointment went awry, with the stylist ruining my hair, and (I'm told by a friend who'...

    Andrew’s Answer

    • Selected as best answer

    The colorization issue is going to be extremely subjective and so you will need very clear photographs, both the ones they showed you and also photos of your hair after the botched salon job. In your posting you indicated that the Craigslist ad indicated that the salon treatment was for free, and so it would appear you're going only for the $150 for color correction treatments. Is it really worth the small claims process? If so, then I certainly wish you the best with it. You would do well to have an "expert witness" such as a licensed cosmetologist who can explain the details to the judge. Good luck!

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