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Andrew Daniel Myers

Andrew Myers’s Answers

12,916 total


  • Dog bite & NO Homeowner insurance in Massachusetts

    Homeowner's dog bit mailman delivering mail to home & left scar from deep scar tissue damage to leg. The Homeowner said they had homeowner insurance but found out the bank cancelled it without the homeowners knowledge, how does the victim get comp...

    Andrew’s Answer

    The letter carrier would collect a wage replacement benefit and obtain reimbursement for related medical bills from the DOL workers compensation program. A third party suit for pain and suffering damages would potentially exist against the homeowner, and if there is no insurance, recovery would come from assets of the dog owner. Massachusetts has strict liability in cases of a dog bite. Here's what that means: http://www.attorney-myers.com/2013/05/dog-bite-cases-in-personal-injury-law/ Don't give up. Have an attorney sent a notice letter. It wouldn't be the first time someone told an untruth about having insurance coverage. Retain an experienced Massachusetts personal injury attorney in order to explore any and all options.

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  • What qualifies as "extreme and outrageous" conduct for an intentional infliction of emotional distress claim?

    Does an email or text calling me a fat, lazy, stupid deadbeat qualify? Or a message to my significant other from that person saying the same thing? What about them posting such things on public social media (like Facebook)? If I get a prescript...

    Andrew’s Answer

    Emotional distress can be inflicted either negligently or intentionally. The courts draw a hard line when determining whether emotional distress will be recoverable legally. In the earliest cases of emotional distress, judges actually wrote about their concern that if they allowed recovery for emotional distress they would "open the floodgates" for such claims. Here's why: http://www.attorney-myers.com/2012/04/personal-injury-emotional-distress/ So, you are right that the legal standard in a claim for intentional infliction of emotional distress requires extreme and outrageous conduct. The language also speaks of conduct beyond the bounds any reasonable human would have to endure. With respect to your question about medication, in my opinion you have not met the legal standard for the tort of "outrage" and so you do not reach the issue of damages. I offer this as information only, as I've researched the issue exhaustively. I am not licensed in your jurisdiction but I encourage you to seek a consultation with an attorney in your area if you want to pursue this. I wish you the best.

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  • I was shopping @ Home Depot and when I was walking there was a tie wrap The floor wn my foot got tangled and I tripped and fell

    I talked to the manager and made a accident report..but I do really hurt..But I haven't seen a doctor cause I have no insurance.

    Andrew’s Answer

    Warehouse type retail establishments present a special challenge because they create a "working warehouse" type environment, yet they invite members of the public to walk up and down aisles as if it were a normal store. There are "experts" out there who have exhaustively researched the special liabilities in exactly this type of store, but it generally boils down to the standard duty to provide a reasonably safe premises. Here's what that means: http://www.attorney-myers.com/2012/03/slip-and-fall-liability/ But the biggest problem with your case is that there is no medical evidence. Without medical documentation of an injury, in my view, there's no case. Negligence law requires evidence of a breach of duty that causes harm. That last element, harm, cannot be overlooked. There may be attorneys that disagree, that's fine, but my office accepts only claims with severe catastrophic injuries.

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  • Do I need legal representation? I was rear-ended by a Semi Truck in the State of Oklahoma. I'm a Texas resident

    Do I need legal representation? I was rear-ended by a Semi Truck in the State of Oklahoma. I'm a Texas resident, the truck owner is based in Oklahoma, and the driver is from Tennessee. There was a wreck on the interstate which had stopped traffic...

    Andrew’s Answer

    Yes of course you need an attorney or else you will be slammed into again, this time not by the negligent truck driver but by the trucking industry's aggressive insurers and legal defense. Look for an attorney in your jurisdiction who is a member of the state association for justice or trial lawyers association. These are groups that are networked in with other attorneys who can help in multi district litigation or if an attorney in another state is required. Here's what you need to know is waiting for you in the insurance claims practice: http://www.attorney-myers.com/2014/09/insurance-claim-secrets/ I have had clients in my area come to me after serious accidents in other states and through my membership in American Association for Justice, I was able to find extremely competent counsel elsewhere and we recently had an extremely positive settlement through such an arrangement.

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  • About a year ago after grocery shopping I was carrying my groceries in my house when a 24oz can of chicken chow mein feel throug

    Plastic bag.And landed on my foot. I could barely walk. It turned black & blue immediately and sell up the size of a tennis ball. I called grocery store immediately they told me to go to hospital. Now they refuse to pay my medical bills. Help

    Andrew’s Answer

    A commercial vendor's legal duty to a shopper is to provide a reasonably safe premises in which to shop and to sell a wholesome non defective product. Unless paying for delivery, the store has no duty to ensure that the shopper carry the goods home. Without a legal duty there's no feasible claim. In other words, you "can" sue but the likelihood of a positive result is low. Here's what I mean: http://www.attorney-myers.com/2012/05/personal-injury-can-i-sue/ On a good day you might possibly perhaps get a sympathetic small claims judge to rule your way - but I wouldn't bet the mortgage money on it. I know that this is not what you wanted to hear, but, you asked. I do wish you the best.

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  • Disclosure of reasonably foreseeable risk. Can the doctor be used as an expert to show that risk, if it was known to him ?

    The risk was unavoidable and it involved the ligaments injury, which I was not made aware of. I would never allow the " rack torture". Can I pressure him to testify as an expert to show that the risk was foreseeable, known to him, as it was una...

    Andrew’s Answer

    An expert witness is someone who is unequivocally on your side and with whom your attorney spends a great deal of time preparing to help you. Subpoenaed witnesses, if that is what you are suggested, are not the most friendly witnesses and may bring unwanted surprises. Here is why it is so important to have the correct witness to support every aspect of your case: http://www.attorney-myers.com/2012/03/personal-injury-expert-testimony/ I am not licensed in your jurisdiction and can not give you actual legal advice but this informational review is relatively universal. You can not do a medical malpractice on your own and if you can not find either an attorney or an expert you may have no case. The medical malpractice law comes right out and says that an unfortunate medical result does not support a medical malpractice claim, instead what is required is clear evidence of below standard care which caused harm. I wish you the best.

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  • How should I determine the value of a car or house when filling out bankruptcy documents?

    How should I determine the value of a car or house when filling out bankruptcy documents?

    Andrew’s Answer

    Different jurisdictions and sometimes different trustees and judges within a jurisdiction often have their own requirements. As for a house, sometimes 'Zillow' is 'good enough', sometimes not. In other circumstances a market analysis is OK and in others a full scale appraisal may be required. In any event getting the correct value is important, especially because claiming the correct exemption to go along with the value is critical. Here's why bankruptcy exemptions are crucial: http://www.attorney-myers.com/2013/05/bankruptcy-exemptions-why-you-need-them/ As to valuing a car sometimes Kelley Blue Book private party value will work and sometimes the local trustees and/or judges have their own preferences. This is why you truly can't afford not to retain an experienced bankruptcy attorney in your jurisdiction. Getting it right the first time is less costly than going in without good advice then having to make numerous amendments. I wish you the best.

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  • Do I need a lawyer in order to settle a car accident claim with a party that is being non-responsive?

    I was recently in a car accident and the driver who hit my vehicle will not give a statement to the insurance. He went straight in a left only lane and struck my vehicle ($1000+ in damage) and my insurance is saying that without his statement the...

    Andrew’s Answer

    The insurance company will delay, deny and defend against your claim as long as they can get away with it. If you want to show both insurance companies you are serious, then the answer to your question is that yes, you need a lawyer in order to push your interests to your best advantage. This is not my opinion, this is what insurance industry insiders want you to know. Here's why I say that: http://www.attorney-myers.com/2014/09/insurance-claim-secrets/ In Suffolk and Essex Counties especially, insurance companies drag their feet claiming they have to take extra time due to the fraud and 'fraud squads' in the past. But, Massachusetts insurance law requires them to deal fairly and reasonably promptly with you.

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  • Can I sue my work place?

    I went into work in immense pain and asked to be sent home. I did this for several days. They didn't send me home until an hour or two before my shift ended. Turns out I had a fractured pelvis which may have been exacerbated by my job duties.

    Andrew’s Answer

    Workers compensation injuries require employers to provide benefits to those injured on the job where those injuries arise out of the course of employment. Each state has its own statute and a myriad of regulations used to implement those laws. The issue that will come up in your case is whether your injury arose out of the course of employment. Here's how that legal requirement is important: http://www.attorney-myers.com/2012/12/workers-compensation-injuries/ An obvious issue in your question is where and how did the fracture take place. I am not licensed in your sate and can not provide actual advice, only this general information on the law. I urge you to consult with a workers compensation attorney in your jurisdiction ASAP or sooner.

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