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Andrew Daniel Myers

Andrew Myers’s Answers

13,010 total


  • Had an accident in parking lot now he refuses to fix my car.

    I was hit on the back side in my back door he says I came out of nowhere

    Andrew’s Answer

    Submit the claim to your insurance company and let them take care of it. If it was the other person's fault they will 'subrogate' to the other person's insurance company, requiring them to reimburse your insurance company's expenditure. This is why we all pay the big bucks for car insurance.

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  • My wife got injured in a department store. how does she file for damages.

    my wife and i went a department store near us and while she was shopping in a aisle she stepped on a sharp broken piece of glass which was on the floor. it pierced thru her sandals and in to her leg. she had a cut and there was blood coming from h...

    Andrew’s Answer

    I agree fully with attorney Grife. Getting correct medical care is your wife's first priority. However I also underscore that you should consult with an experienced personal injury attorney in your jurisdiction. If you are waiting for the store's people to call you and/or to do the right thing you will grow old doing so.

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  • Can a 501 c 3 organization collect a fee or commission on sales of products related to its mission?

    For example, can an art center, with on and off site artists offer the artists work for sale on our website and collect a fee or commission associated with that sale which would go back to funding the art centers work?

    Andrew’s Answer

    Non profit entities engage in money making activities all the time and it can be entirely legal and valid as long as the financial activities are within the stated purpose of the non profit entity when it applied for and received the non profit status. I highly advise that you retain an attorney familiar with non profit law and regulations its highly likely that this will save you more money and headaches than it costs. My answer is yes, as long as you are doing everything properly, running it through your non profit's dedicated account and not skimming. I wish you the best.

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  • Can a collection agency refuse a payment arrangement?

    I have a debt where I went to school, didn't finish the semester and now they are charging me for the fees. It has went to a collection agency and the only options for payment arrangements that they will accept are payments that I can't afford. ($...

    Andrew’s Answer

    Yes, a collection company can refuse a proposal for a payment arrangement. There is no requirement that a creditor or debt collection company accept a proposal. Such arrangements are usually negotiated and one frequent requirement is that there be some sort of a significant good faith initial payment. Otherwise, the proposal does not show significant intent to repay. I wish you the best.

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  • Should I take legal action against a physician.

    I have end stage renal failure. On August 6 of this year i had a Peritoneal catheter surgically implanted on the left side of my stomach. I had the stitches removed two weeks later by the physicians assistant. He did not use gloves or sterile ...

    Andrew’s Answer

    Infection is a risk of most medical procedures. You should do whatever you can to obtain an office consultation with a medical malpractice attorney in your jurisdiction. The reason I suggest an office consultation with a medical malpractice attorney is that such cases unfortunately become extremely complex and one seemingly small fact can have great import in the analysis as to whether medical negligence has occurred. A bad medical result - as awful as it is to you and I - is not enough to support a medical malpractice claim. There needs to be proof of a breach of duty by the medical provider which causes substantial damage. Here's what that means: http://www.attorney-myers.com/2012/09/medical-malpractice/ I seriously wish you the best.

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  • Do I have a case for emotional distress or negligence? The owner gave me her insurance information to file a claim.

    I was at a salon receiving an eye brow wax. The employee waxed off half my eyebrow. She did give me some filler to paint on every morning. I am deeply upset about this. The owner gave me the insurance companies information. What does this mean?

    Andrew’s Answer

    Emotional distress cases require either an act of what the law calls "outrage" or, if the conduct does not rise to the level of outrage, then documentation of medical treatment is required. The distinction is whether or not the emotional distress is caused by intentional conduct or negligence. An example of outrage is a company that decided to start firing people in alphabetical order until someone confessed as to how cash was disappearing out of the cash drawer. My call, without knowing all of the facts here, is that your experience is the result of negligence. I've known people to handle these cases themselves in a small claims court and maybe get something. Here's more on emotional distress law: http://www.attorney-myers.com/2012/04/personal-injury-emotional-distress/ I wish you the `best with this.

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  • I need a lawyer to review my mother's will. I want to contest it.

    My mother was deeply depressed. Her husband was killed by police a few months ago. She spoke with her sister-in-law about a living will a few weeks ago. While crafting the leaving will, the sister-in-law talked my mother into creating a will. ...

    Andrew’s Answer

    I agree with attorney Klenk 100%. Contesting a will is like pushing a rock uphill, generally speaking the courts want to believe that wills do in fact represent the decedent's last wishes. But I would obtain a consultation with an attorney that has handled will contests right away without any delay.

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  • If my website greatly facilitates web messaging between it's members, what liability/legal exposure do I have for bad content?

    I have a business model for a website where members can contact (potentially) many thousands of other members all at the same time. I can't control what they send in their messages. Some jerks are liable to send pornographic, threatening or other...

    Andrew’s Answer

    Have an attorney write very strong terms of service that all of your subscribers must accept prior to their inclusion or membership in the website. Have someone in your employ monitor and be prepared to remove offensive material. Under defamation law there is "repeater liability". Generally speaking, under this concept each repetition of a defamatory statement by a new entity constitutes a new publication and so this is why it is wise for you to take steps to protect your company. You also would be required to take all reasonable steps to prevent and remove objectionable material such as pornographic content. I wish you the best.

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  • In a auto accident do you need to go to a hospital emergency room or will your private MD suffice

    A friend was involved in an auto accident on Sunday 8/31/2015. Will the cost of her Dr's emergency visit be covered by the insured's insurance company (Gieco) and will any missed work time be covered? She's a temp without any medical benefits or ...

    Andrew’s Answer

    If your friend is injured your friend needs to obtain the medical attention required to resolve and heal that physical ailment. Worrying about who pays and how and when or insurance considerations should be secondary and taken care of later after necessary medical attention is received. First things first.

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  • Will I be fired

    Making a phone call at work as a coworker starts to be loud I gesture shh she then yells out whatever she was just laughing she tells me now to be quite I respond Im on the phone pls hung up my call she then comes to my desk to tell me I was rude ...

    Andrew’s Answer

    No one on this side of the computer screen can answer the question asked as to whether or not you will be fired. The reason is that there are many facts and this incident would need to be placed into the context of your overall employment. Also, no one knows how the employer is thinking. Best advice: play it cool, perhaps ask for a meeting with the boss to review things in a cool calm non confrontational manner. Best wishes with it.

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