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Andrew Daniel Myers

Andrew Myers’s Answers

13,010 total


  • I am looking for an attorney that deals with the workplace. My husband has been passed over for a promotion for several year.

    He is more qualified and the ones getting the promotions are less qualified and less experienced. Job openings are not posted and just given to the mayors friends.

    Andrew’s Answer

    The best way to find an attorney is to use AVVO's "Find a Lawyer" tab above on this page. Employment discrimination cases are tough and require an aggressive attorney with experience in that area. I wish you the best with this.

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  • Illegal monitoring...

    Please answer the fallowing question. I´ve posted this before but seem to keep getting indirect answers. I am currently homeless because of my situation. I am not here to waste anyone’s time but my situation seems to be a special one. I have been ...

    Andrew’s Answer

    Do not do anything rash, please. Use AVVO's Find a Lawyer tab up top to find an attorney to help run your info and find out what is actually in your record. You should also check pro bono legal services or the New York State Bar may be able to refer you to a pro bono or low fee no fee program. Please let someone handle this for you and do not do any of the things you said you were thinking of. Life is a gift.

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  • What if a defendant answers the plaintiff's complaint and denies all allegations? Does the case go to trial at that point?

    Plaintiff's complaint is against a company worker who forged customer's name on a delivery receipt. Customer was severely injured by product, and since the customer's signature was forged, the warning on the receipt is void. Company now holds liab...

    Andrew’s Answer

    It is not uncommon for defendants in civil lawsuits to deny many or most of the allegations in the complaint. The rules require that answers and all pleadings be made in good faith. But, their basis may be in the language used in the allegations. Trials are not "automatic" what happens next is the discovery phase. This is where many cases succeed or fail. As a civil litigation attorney with 25 years of experience, do not proceed any further in a case of this nature without an attorney unless you want to lose. I know this is not the answer you are looking for, but it is the correct answer.

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  • Never paid down payment on car.

    Bought a car the dealer never asked for our down payment at time we signed the paperwork. They called me and said that if they don't get it the will peruse other actions. Its been two months since we bought the car do I still need to pay it and wh...

    Andrew’s Answer

    One issue is whether you actually "bought the car" as suggested in your post. If you did not give them any money, regardless of whether the dealer represented asked for money, forgot to ask for cash or otherwise, you may not have a purchase and they would likely have all rights to either demand payment or the return of the car. A valid contract requires an offer, acceptance, and consideration. The dealer delivered the car to you, the answer to your question is that yes you still need to pay for the car. I rarely side with the car dealers, but I'll make an exception here. I know this is not the answer that you are looking for, but I wish you the best.

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  • How can I get information from the insurance company if they are refusing to give it.

    I was in a car accident and wanted to file a suit against the driver, but the driver is hiding, But I found out the owner of the car was another person but the insurance company would not release that info as they say only my lawyer can get it. ...

    Andrew’s Answer

    After a motor vehicle accident you should be able to obtain an accident report or a police report from the department that responded to the scene of the crash. Sometimes police take time to finalize the report and so they will release a data form which gives the names and other identifying information with respect to the motor vehicle operators. So, don't give up on trying to get this information from the police. If police did not respond to this accident, then you will have to speak either to anyone who was at the accident scene who took down the information or to your own insurance company. I know you don not want to hear this but it is true that this will go much more smoothly for you if you retain an attorney. Here's why I say that: http://www.attorney-myers.com/2012/10/personal-injury-10-reasons-not-to-do-it-yourself/ It makes the most sense and you will do better if you retain an experienced attorney in your jurisdiction.

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  • I cut three fingers off to my knuckles because of a trim press not having the right equipment an also out dated at work.

    I cut the tip of my index finger,middle an third fingers to the knuckles at a private company north shore manufacturing through a temp service

    Andrew’s Answer

    Injuries sustained at work are compensated by workers compensation. Whether it is a private company, as you have indicated in your posting, or any other company, employers are required to provide workers compensation insurance benefits. The most expedient thing I can tell you is to consult with a workers compensation attorney in your jurisdiction right away because the workers compensation laws vary from state to state. Employers and their workers compensation insurance companies also want to get to you and tell you they'll 'take care of you' without an attorney. What they really mean is that they don't want you to retain an attorney to give you advice as to all of the workers compensation benefits that are available to you. Here's what I mean: http://www.attorney-myers.com/2012/12/workers-compensation-injuries/ Good luck with it. I wish you the best.

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  • Marrying to a person with previous felony and jail term.

    I want exploring my options about marrying my girl friend who is an inmate at the moment. Can I marry her and apply for green card. How practical/difficult is it to prove that marriage is done on good faith?

    Andrew’s Answer

    Best bet is to use the "Find a Lawyer" tab above and to retain an immigration attorney. There are too many facts that need to be looked at beyond a couple of lines posted on a website to be able to give you an accurate answer over the computer. I wish you the best.

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  • How can I retain a good personal injury attorney for product liability? Do I even need one?

    I purchased chicken salad from Sam's club and a week later Sam's club called to alert me that what I purchased was recalled. Unfortunately I had already consumed the product and was already sick and began treatment. After about a day or so I wa...

    Andrew’s Answer

    There are many reasons why a personal injury claim requires expertise from an experienced personal injury attorney. Here are a few:

    (1) The insurance industry's own statistics confirm that once an attorney is brought in to a claim, the value goes up.

    (2) Your own attorney has a duty to fully inform you of all potential elements of recovery which the insurance company claims adjuster will not take time to tell you about.

    (3) Settlements are forever. This means that if you decide to accept a settlement, this is the final disposition of the case forever. Should you later need additional treatment or discover an outstanding charge you did not know about, it is too late to go back. Here are some other reasons: http://www.attorney-myers.com/2012/10/personal-injury-10-reasons-not-to-do-it-yourself/

    I wish you the best and hope you're feeling better.

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  • Does a judgement in small claims court affect your credit score?

    I work as a salesman for a small used car lot and one of the customer is taking me to small claims court b/c she believes she was sold a lemon. If she wins and i'm ordered to pay will this affect my personal credit score in any way?

    Andrew’s Answer

    A judgment in small claims court can affect a credit score. As an attorney who does bankruptcies I look at many credit reports. Every time I file a bankruptcy for a client I pull their credit report. It is not infrequent to see small claims judgments and other judgment on credit reports. It is hit or miss, sometimes these things are there and sometimes they are not. Best bet is to take the small claims court claim and make sure it is resolved in your favor or by a settlement. Good luck with it.

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  • Burned at a crowded hookah bar, is this case worth fighting?

    At a crowded hookah bar in NYC, while standing at the bar someone knocked one of the 5 hookahs lined up at the bar which were not mine. The coal landed in my shoe giving me severe burns 2nd/3rd degree on my outer ankle. The bouncer gave a first ai...

    Andrew’s Answer

    Here's the problem, Liability against the bar depends on many factors not the least of which was whether they were aware of the potential for problems and whether they took reasonable steps to provide security. Did they set up the place so that accidents were likely? Was the place too crowded and were there too many people? These are questions usually, but not always, for an expert. Generally the negligence of a third party, the person who knocked down the hookah, can cut off the liability of the premises owner, but not always. The other factor is that even if you track down and establish liability against the person who knocked over the hookah, there is no point to it if they have no assets or assets all of which are exempt and unreachable by attachment. It is a waste of time. You might try the Find a Lawyer tab above on this AVVO page to obtain a second opinion, but none of us in here can give you a yes or no based on the facts provided. I wish you the best.

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