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James M Lynch

James Lynch’s Answers

172 total


  • In Massachusetts, can my past driving record be used against me in a hearing +/or trial?

    Since some (maybe all), people who do very bad crimes, seemingly are allowed to NOT have their past criminal history introduced at trial, as past crimes +/or convictions would prejudice the jury. How does having a past driving record introduced at...

    James’s Answer

    I agree with Attorney Roberts. It shouldn't be introduced as evidence or entertained at a trial by the judge on the merits. Its only legitimate use is on the issue of sentencing after trial.

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  • Do they need proof to call your car insurance?

    i bumped into someone car and i gave them my insurance card and my id cause the owner of the car wasnt there so her daughter take picture of my card and i try to negotiate with the owner of the car so she dont have to call my insurance cause i don...

    James’s Answer

    I agree with everything my colleagues have advised you and would add that you have no way of knowing how far an insurance claim arising out of this will go - for example, will there be a bodily injury claim? It is impossible to know for sure right now. You have a duty under your insurance policy to cooperate with your carrier and that means being pro-active about reporting claims. Your failure to do so might lead to your carrier disclaiming coverage. Report it.

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  • Can I retrieve last months rent from roommate? Are there any repercussions against him I can pursue?

    I had put up last months rent with a roommate who is sending me harassing and degrading text messages and slamming doors around and I was scared to sleep there any longer so I started to take some of my personal things out and he tried confronting...

    James’s Answer

    Your question is a bit unclear. Did you pay the entire rent payment for the last month of a lease without contribution from him? If so, take him to small claims court.

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  • If someone sues my wife can they take things that are in my name (i.e. house, car, etc.)?

    We live in Massachusetts.

    James’s Answer

    I agree with all of the above answers, including the fraudulent transfer discussion and would add that the term “fraudulent transfers" relates to transfers of assets from one person to another in order to delay, hinder or defraud any creditor of the transferring party. The reason my colleagues raised the point has everything to do with whether your house, car and other assets were at one time titled in your wife’s name, either jointly with you or individually. If the answer is yes, then the timing of the transfer(s) is important. If the transfer(s) happened more than 4 years ago, it becomes extremely difficult for a creditor to reach those assets. I also agree that the entire subject should be reviewed with a lawyer.

    I hope this helps.

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  • Will my boyfriend be deported?

    My boyfriend was recently in a car accident (not by his fault) and was NOT intoxicated while driving. He did flee the scene however because he was scared but less than an hour later he returned and turned himself in. He is illegal and entered when...

    James’s Answer

    There are many excellent immigration attorneys on Avvo. Try re-posting your question under "Immigration".

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  • I was hit by an unisured driver at fault and i was wondering what kind of settlement I can expect.

    I just bought my car 4 months ago it is valued anywhere from 21k to 24k. I owe 24k on the loan. The car was totaled i had an er visit and a follow up dr visit. No serious injuries other than a sore hand and back. Medical bills total around $3800. ...

    James’s Answer

    The settlement value of a case is not going to be determined with any reliability or to your satisfaction in a forum like this on the basis of a few sentences of information supplied solely by you and without the benefit of records. Hire an attorney to thoroughly investigate and review.

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  • How long can I expect for a possible settlement on an injury case? What would approximate value be?

    I was in a store (big box sto re) and I went to purchase an item that the store clerk found for me on an overhead shelf. The clerk went from under the shelf and with his hands pushed under the item (i thought he was just looking for a # of item) ...

    James’s Answer

    The settlement value of a case is not going to be determined with any reliability or to your satisfaction in a forum like this on the basis of a few sentences of information supplied solely by you and without the benefit of records. Moreover, the longer you deal with them alone, the closer you drift toward the statute of limitations deadline. Hire an attorney to thoroughly investigate and review.

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  • I rearended someone the other day because it was raining badly and my traction is messed up on my car. What to do?

    There were no damages to either of our cars so she called the cops back and told them not to come... The next day she called me and said her airbags are not working right but she never got my insurance or lisence plate number just my phone number ...

    James’s Answer

    There is no downside to reporting this collision to your carrier and your failure to do so could possibly be said to be a failure of your contractual duty to cooperate with your carrier.

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  • How does the jury know what is legal and not legal?

    my case is in regards to a physician who was importing counterfeit medical products into the country in his suitcase and passing them off as real. I found out they were counterfeit after I suffered injuries. The dr provided an affirmative admissio...

    James’s Answer

    It is hard to know from the information you provided what persuaded the jury - for example we don't know what your damages were. However, it sounds like they may have had difficulty establishing a connection between his admitted use of the misbranded medical product and your injuries. Violation of a statute can be evidence of negligence but the rule in many jurisdictions is the jury can find that it isn't negligence. That sounds like the case here. In order for a plaintiff to prevail on the issue, the jury would have to find that violaton of the statute was, in fact, negligence and then find that the negligence directly caused the harm alleged. It sounds like they didn't get past the first part of the equation.

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  • Can I sue if C section caused infertility?

    I had a csection 2 years ago. I felt the entire thing. I was screaming the whole entire time. I ending up with some kind of infection (which they were unable to figure out where) and suffered with a high fever and was in the hospital 8 days. I...

    James’s Answer

    I am sorry that you are going through this but I agree with Attorney Hendrickson's answer. Not only does the law recognize a distinction between malpractice and an unfortunate medical result but so do juries and that is why such a high percentage of medical malpractice cases result in defense verdicts. Juries, as a general proposition, recognize that a doctor's job is a difficult one and they judge accordingly. Unless there is compelling medical opinion that there was a mistake here, your chances are not promising.

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