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Andrew Daniel Myers

Andrew Myers’s Answers

12,917 total


  • What if someone uses a friends vehicle without permission and pulls out in front of another car causing injury.

    The person taking the vehicle also has suspended license.

    Andrew’s Answer

    The details behind the question will dictate the answer. In other words, is the person posting the question someone who has been injured by a motor vehicle operator driving without permission, or is this posted by someone driving without permission now realizing that this was not such a great idea. I know that people often don't like "attorney answers" but the problem here is that state law varies widely on this subject and often individual policy language and very minor distinctions in the facts can have a big difference. Here's what I mean: http://www.attorney-myers.com/2015/05/unauthorized-drivers-auto-insurance-and-disclaimer-of-coverage/ So, best contact an experienced personal injury attorney to help dig up the facts and the law and give a better answer. I wish you the best.

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  • What are the conditions for Auto insurance PIP payment ?

    I have an Employer funded (Self Funded) health insurance (is that same as ERISA plan ?) Had a car accident (100% other party's fault and major damage to car) and suffered whiplash . Went to a Chiropractor and getting good results. The Ch...

    Andrew’s Answer

    If you have been injured in a car accident in Massachusetts, the "no fault" law requires that either your own insurer or the insurer of the vehicle in which you were a passenger must pay $8,000 in Personal Injury Protection or "PIP" benefits. However, as you've indicated in this question, despite the clear language printed in the coverage selections page that your insurance agent provided when you purchased the insurance coverage, PIP pays only $2,000 if you have health benefits. Since the 1970's when PIP was first enacted by the Massachusetts legislature, and 1989 when it was substantially amended by the legislature, there have been many court interpretations of this flawed law. Essentially, yes, PIP should pay co pays and the accident related medicals NOT paid by your health carrier. Here is more on the PIP law in Massachusetts: http://www.attorney-myers.com/2013/11/massachusetts-pip-personal-injury-protection/ The legislature's goal in passing the PIP "no-fault" law was to reduce litigation. But, in fact, the opposite has happened. I wish you the best and hope this has provided insight.

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  • Are there any downsides to a KISS Trust? Want to give relative money after I die, don't want anyone challenging the trust.

    Want to give granddaughter money when she is 18. Messy divorce, bitter custody battle, mother won. No rights to see granddaughter (WA State) and DO NOT want this mother to get ANY of this money EVER. Is a KISS Trust iron-clad or could the mothe...

    Andrew’s Answer

    This is a proprietary investment vehicle that this financial company will set up for you, and they have been referred to as 'Walmart Trusts' because they are designed to be affordable and available to what is euphemistically referred to as "Middle-Class America". As with any investment, it is highly recommended that you do some research. No, a lot of research. There is information out there on this trust and you should look into any investment before considering placing your hard earned money into it. However, you've posted your question on a legal website and so as an attorney I am duty bound to tell you that each state has its own rules for trusts and if and when there are any problems or challenges, then a trust thing can end up in Probate Court under a challenge anyhow. So, if you foresee problems with potential challenges in that there have already been what you describe as a messy divorce and bitter custody battle, the only advice I can give you is to go to an experienced estate planning attorney who is well versed in the law of trusts and can assure you that the document is done properly in accordance with the applicable state law and your wishes. Here's more on basic estate planning documents: http://www.attorney-myers.com/2015/03/estate-planning-documents/ I hope that this answer has given you some perspective, and I truly wish you the best.

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  • What type of attorney should I approach if I am being sued for liability?

    I was in a car accident about a year and a half ago. I was not fully insured at the time, as I only had basic PIP coverage. There was a police report made however, no one was transported or needed medical attention at the scene. I figured the insu...

    Andrew’s Answer

    When you say you were not fully insured at the time, if this means that you did have a policy of auto insurance, but that you do not believe that your coverage limits were high enough to pay the claimed damages, then your insurance company as of the date of the accident still has the duty to defend you up to the limits of coverage that you had at that time. Immediately contact your insurance company or agent and give them notice of this claim. They would still have a duty to defend you and you should give them notice so that they can bring their own attorneys in to defend you against the lawsuit. See the third section of this article titled 'Legal Defense': http://www.attorney-myers.com/2013/06/auto-insurance-understanding-some-basics/ Once you get your insurance company in to defend, then you can talk to them about your coverage, the realistic expectation of what the case may or may not be worth, and then you can consider retaining your own attorney to also defend you for any amount of exposure you may face personally above and beyond your coverage. Don't panic, just make the calls. I wish you the best with this.

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  • How are personal injuries claims awarded?

    Me and my dad was in a car accident and the other persons was at fault. The other person insurance accept liability. Both me and my dad was injured. I was told by a neighbor that if we file a claim and the other persons insurance only pay for exa...

    Andrew’s Answer

    Your question breaks down into at least two important issues. One is insurance coverage, and it is not a simple as 'what does the other guy have for car insurance'. There may also be other policies of insurance including but not limited to something called umbrella coverage. If their coverage is insufficient, then your own family policies would apply through your underinsured coverage. The second issue asks what your injury claims are worth. This is the most often asked question to personal injury attorneys. Here is my answer: http://www.attorney-myers.com/2011/06/what-is-my-personal-injury-case-worth/ I hate to tell you this but the best way to answer all of your questions is to retain an experienced personal injury attorney in your jurisdiction. Most if not all personal injury attorneys do not charge for an initial consultation. They only receive a percentage in the end. And the fact that the experience factor will optimize your claim will more than pay for the fee. I wish you the best with this.

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  • Is it "and" or is it "or"?

    Mass. Gen. Laws 223A, §10 (a) has 4 numbered items. It's unclear if the list is of 4 things that must occur, and thus there should be an "and" between each one, or if one of the four must occur, and thus there should be an "or" between each one. I...

    Andrew’s Answer

    It depends on what the meaning of the word 'is' is. No hold on just kidding here. Your tip off should be the fourth paragraph, (4) which allows for the out of state deposition to go forward in any manner before any person, at any time or place, or upon any notice as long as the parties stipulate. So if they stipulate, then why would you need to go through (1) - (3). However, remember litigation by its very nature is adversary. The Massachusetts practice that I have observed is a combination in which the attorney seeking the out of state deposition files an application for a letter rogatory in which a "commissioner" is appointed, this being a licensed attorney in the other state. Just to cover themselves the attorneys will set up the date, time and place. The commissioner is not necessarily the attorney who takes the deposition, but only needs to be present and can simply swear in the witness and turn the proceedings over to the actual attorney who wants to take the deposition. Confused now? Remember that in addition to the statute, parties must also comply with the Massachusetts Rules of Civil Procedure, particularly in this case, rules 30 and 26. Here's more on the discovery process in general: http://www.attorney-myers.com/2013/05/discovery-in-civil-litigation/ I have done the application, served as the 'commissioner' and done the deposition under the authority of the letter rogatory. My best advice: Don't do this at home. Have an experienced litigation attorney do this for you.

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  • As a chiropractor, I would to exchange rent for a % of collections for an acupuncturist in my office. How can this be done?

    I am a chiropractor. I have a acupuncturist who is an independent contractor in my office. I would like to refer some patients for acupuncture service (in my office) in exchange for a percentage of collections of the patients I referred to the acu...

    Andrew’s Answer

    Referring patients to an acupuncturist in return for an expected financial benefit does not pass the smell test. I am not licensed in California and so I am unable to provide actual legal advice. However before you even consider inking a document or making a handshake deal you need to actually consult with a health care attorney. Acupuncture is one of those 'new age' things, with 'old world' ties that has highly questionable benefits and you need to be aware that when things go wrong the acupuncturist 'industry' will come right out and tell you that, well, things like a punctured lung are a foreseeable risk. Do not take it from me, use your favorite search engine and you will see the cases. I would concentrate more on healing your patients in the manner in which you have been trained than on attempting to procure a financial gain from someone who may or may not have anything whatsoever to offer and who may actually do harm to your patients. I sincerely wish you the best.

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  • Do you have a case if you slipped and fell and at a store and got 5 breaks in the leg bone from the fall

    Grape was on floor and seeing it slipped and fell ambulance was called taken hospital and found out femur bone broke in 5 places from the fall do we have a case against the store

    Andrew’s Answer

    Slip and fall cases do not bring instant liability against the commercial property owner. The injured person has the burden of proof to show that the property owner was negligent. It the case of something on the floor, liability usually hinges on whether the premises owner or manager knew or should have known of the danger, and this generally depends on how long the item was on the floor. Here's more on the general law applicable to slip and fall cases: http://www.attorney-myers.com/2012/03/slip-and-fall-liability/ There are actually cases describing how if the grape looks fresh and intact, the chances of liability are low, but if the grape has been crushed and has shopping cart tracks leading away from it, the likelihood of liability is greater. However, the best way to get a better idea is to consult with an experienced personal injury attorney in your jurisdiction as soon as possible. Best wishes.

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  • Slip and fall in grocery store bathroom.

    hello, My sister was shopping in a grocery store last weekend and slipped and fell in the bathroom. she landed on her back hard and hit her head. since then she has been having alot of back pain and bad headaches. She told me that the floor was a ...

    Andrew’s Answer

    Slip and fall cases are not an automatic recovery scenario and require that the owners or managers of the store affirmatively did something or failed to do something to cause the condition that made the person fall. In other words if the people in control of the store knew about water and failed to take steps to remove it, you'd have a liability theory. Or, if an appliance was dripping water on the floor, store management was aware, yet did nothing, that would also be a liability theory. Here are the challenges created by these cases: http://www.attorney-myers.com/2012/03/slip-and-fall-liability/ Finally, your post does not mention medical treatment. Without treatment there is no documentation of harm and in my opinion, no case. Others may disagree, but that's the way it is in 99 % of the cases. Yes, consult with an experienced personal injury attorney in your jurisdiction.

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  • Can I sue over a broke tooth that took place while eating pizza from pizza hut

    My wife ordered pizza from pizza hut and when I bit down into the pizza my 2nd tooth on the top right side broke off. If I can sue how long would it take and how much can I get

    Andrew’s Answer

    The question of whether there is any liability depends on why the tooth broke. Was there a foreign object or an object that was not reasonably to be expected in the pizza that caused the breakage? Did you save the item and the pizza. You, of course, have save the receipt because the injured person always has the burden of proof and the receipt proves positive that you and your wife purchased the item at that establishment. Here's why "can I sue" is a very common question, but not necessarily the right question: http://www.attorney-myers.com/2012/05/personal-injury-can-i-sue/ Understand also that the establishment and its insurance company are going to ask about your dental treatment history and if a civil law suit is filed will have the right to obtain copies of your past treatment. I know you may not like my answer, but I've been there with clients and done that. I wish you the best, truly.

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