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Andrew Daniel Myers

Andrew Myers’s Answers

12,917 total


  • I fell in Walmarts parking lot. Trying to stop my cart from hitting someones car on the sloap. Tripped on their repairs (this

    I fell in Walmarts parking lot. Trying to stop my cart from hitting someones car on the sloap. Tripped on their repairs (this lot is horrible), and went down hard! Was told and have on voice mail to get all the medical I needed done. Over a mo...

    Andrew’s Answer

    Trip and fall accident cases are not the simple 'slam dunk' that some people think. That's one reason it might be difficult to locate an attorney willing to take your personal injury case the first time around. Also, that particular company does in fact fight every claim rather aggressively largely because they are self insured and they would rather pay their attorneys than pay you. But, do not give up, there have been some successful results and you need to locate an experienced personal injury attorney. You might try the Association for Justice in your state, this is the former Trial Lawyers Association, which is made up of attorneys serious about their profession and who are networked in to some of the best legal minds and resources. I know people don't believe it but here's more on why trip and fall or slip and fall accident cases are not automatic pay cases: http://www.attorney-myers.com/2012/03/slip-and-fall-liability/ Based on your description of the parking lot this may be worth exploring. You should go out and photograph the specific area where you had your trip and fall accident before it is repaired or changed in any manner. Don't delay start your renewed search for a personal injury attorney now. This is not actual advice in that I am not licensed in your jurisdiction, this information is intended to give you a general idea of what you are up against.

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  • Can an attending dr. in a hospital be held accountable for withholding prescribed medication and send the patient into withdrawl

    I was admitted into the hospital and requested my pain management dr be brought in to help with my care. My pain management dr treats all my conditions not just the pain issues; RSD, Bipolar, anxiety, panic attacks, excessive fluid on hip joints,...

    Andrew’s Answer

    Liability against physicians and hospitals is far beyond a 'can they be held accountable' question on a website. The many issues that need to be answered can generally be boiled down to three areas. First what was the average standard of care applicable to your diagnosis on admission. Not what the medical student who got straight A's would have done, not the D student but what the average should have done. Once this standard is determined by an expert, the facts of what happened to you are measured against that standard to determine if the average standard of care was breached. Finally, and it is not as simple as it sounds, an expert must determine what damages were directly caused by the below-average care. Here is more on how this works: http://www.attorney-myers.com/2012/09/medical-malpractice/ So I highly recommend that you consult with an experienced medical malpractice attorney to review the facts of your case. I'm not licensed in your jurisdiction and this is not actual legal advice, just general information intended to help you know how to discuss your issues with an attorney in your jurisdiction. I wish you the best.

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  • Fell in major conveience store parking lot had to get surgurey tore left tricep tendon from elbow will be out for 3 months

    what is fair out of court seattlement

    Andrew’s Answer

    Fall down injuries, sometimes called slip and fall accidents are not automatic recovery cases. I empathize with you that you suffered a serious injury. I'm sure it's a traumatic experience for you and a serious injury. But, you need to back up the bus and figure out how you fell, what caused you to fall and what facts underlie a finding that the property owners and/or managers did anything that would constitute fault on their part. Unless you and your legal team establish liability, or fault, upon the store owners and premises managers, neither a court or an insurance company will consider your damages. I know this is a tough concept to swallow, but let's take a look at the general idea of slip and fall liability: http://www.attorney-myers.com/2012/03/slip-and-fall-liability/ Whether or not you can establish fault, the store may have what is called a medical payments provision. Medical payments coverage, sometimes called 'med pay' will pay a set amount for medical bills without establishment of fault. However, in order to recover pain and suffering damages, you need to establish liability. I know you don't want this advice, but it is rock solid truth, you need an experienced personal injury attorney in your jurisdiction to optimize your claim and to address liability issues. This is not actual advice, as I am not licensed in your state, this is information applicable across the board. #Slip and fall injuries

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  • Can they depose me by video again because I objected to questions that were none of their business and irrelevant to the case?

    I objected to several questions like how much college did I have or where did I go to school, that has nothing to do with my complaint against the city and tow company for impounding my car. How can I stop them??

    Andrew’s Answer

    Depositions are part of the discovery process and as such the legal standard for allowable questions is not that which is relevant. Instead, at a deposition questions are generally allowable if they are reasonably calculated to lead to the discover of admissible evidence. The questions you refer to in your question are generally considered allowable as general background questions, sometimes called a 'preliminary matter' and so they are allowed. Here is more on the general rules at depositions: http://www.attorney-myers.com/2012/08/personal-injury-depositions/ Finally, I know that this is not the advice that you seek, but you really should not attend a deposition without an attorney to represent you. Unless there is something going on here that is not mentioned in your question, yes, "they" will likely be able to get permission to depose you again.

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  • I wanna know can I sue them?

    My arm (front and back) is black/blue. From giving plasma for the first time. My arm is still sore after a week. Is this normal or negligent on their side.

    Andrew’s Answer

    Before doing anything else see your physician and if you do not have a physician get a doctor to give you a physical examination and determine what is going on with your arm. It may just be taking a long time to recover - as with one of the other attorneys who has responded it takes me some time to recover, so it may be nothing, but this does merit having a doctor give you a professional determination as to whether there is an injury or just prolonged recovery. That, without any doubt, is your first priority. Secondarily, in general, "can I sue" is the most frequent question personal injury attorneys receive and here's my answer regarding what is behind the question: http://www.attorney-myers.com/2012/05/personal-injury-can-i-sue/ I hope that you will be healthy and well and have no further issues with this. I wish you the best.

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  • My car accident case has been going on for 3 1/2 years what's the issue

    The defense has sent the Judge a sneak peak of what they call trying to impeach my testimony. And not pay anything. The federal judge denied the spoliation motion and is allowing all of my medical records into the record. The defense tried to ask...

    Andrew’s Answer

    Delays in insurance claims are an unfortunate reality in the current era. Trucking industry attorneys fight especially hard because the insurers would rather pay their attorneys than you. None of us on this side of the computer screen can tell you precisely what the issues are in your injury case so the best plan for you is to have a sit-down appointment to have your questions answered by your own personal injury attorney. Generally speaking there are many reasons an insurance claim can take so long. Here are some of them: http://www.attorney-myers.com/2012/10/personal-injury-why-insurance-claims-take-so-long/ I ask my clients to call and talk or ask for an appointment if they are frustrated with the insurance claim process so that I can shed light on the case status. I urge you to do the same with your own injury attorney, I wish you the best.

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  • Fell and got a concussion at condo. Can I sue my condo management? If so, what could I reasonably ask for?

    I fell and hit my head on pavement thusly suffering a concussion. It's been 2 months and I'm on prescription medication for headaches and am still suffering from post-concussion symptoms. I used to never get headaches and now it's interfering with...

    Andrew’s Answer

    The law books in Massachusetts are filled with cases in which claims were dismissed because there was no explanation as to how the slip and fall claimant fell. Liability is the most often overlooked element of a claim. The fact that you were injured does not automatically entitle you to a recovery. You need to meet with an experienced personal injury attorney to review the facts behind what happened. Here's why: http://www.attorney-myers.com/2014/04/fools-in-the-law-2014/ So, until there is information regarding how you fell and what caused you to have the accident, the issues you raise regarding your injuries are not reached. Some of the largest final results in my office have been from representing those injured in slip and fall accidents. But there has to be liability. I wish you the best.

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  • Adult novelty product integrating unwrapped (though unusable) condom, plus Alka-Seltzer tablets, needs disclaimer?

    I am manufacturing a fun adult themed novelty gift whose components include an unwrapped condom and generic Alka-Seltzer-like tablet (among several other innocuous components). What specific product disclaimers I should include on the pa...

    Andrew’s Answer

    It uplifts my heart to hear that college kids and others still have a sense of humor to prank and spoof the rest of us. This time of year especially we all need some holiday cheer and your inquiry provides that bubbly effervescent uplift that we all need. I wholeheartedly endorse your spirit. Now, for the specific answers to your particular concerns, here is the answer: http://www.attorney-myers.com/2014/04/fools-in-the-law-2014/ I am not licensed in your jurisdiction and so for actual legal advice you need to obtain an office consultation with an attorney licensed in your jurisdiction. However this is provided for informational purposes and I wish you the absolute best in your endeavors.

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  • Personal injury

    I thought defense uses the ime to minimize potental payout my injury required multiple syrgerys

    Andrew’s Answer

    The Independent Medical Examination, or IME, is generally used by insurance companies to find any weakness they can in the injuries claimed. The result is to minimize the claim value and reduce their "exposure" on the claim, or the amount they pay you. Some insurance claim adjusters order IMEs with a hair trigger and others reserve them for extreme cases. The IME costs the insurance company money and so, focusing largely on the bottom line, as insurers do, they must balance the likelihood of damaging a claim against the money they must pay up front to pay for the examination. Here are IME basics: http://www.attorney-myers.com/2013/01/independent_medical_examination/ The best recommendation would be to discuss this with your personal injury attorney who may or may not be able to second guess what is going through the insurance company's mind. I can't actually advise you in that I am not licensed in your state. However, this is a national insurance company practice used by insurance companies from coast to coast. I wish you the best.

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