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David McCormack

David McCormack’s Answers

207 total


  • I WAS INVOLVED IN A HEAD ON COLLISION, DRIVING OVER 30 MPH, MY AIR BAG DIDNT DEPLOY, DO I HAVE A POSSIBLE CASE?

    MY BACK AND SHOULDERS HURT AND MY RIGHT KNEE, CONTACTED MANUFACTURER THEY HAVENT REALLY PAYED ATTENTION TO ME.THEY KEEP GIVING ME THE RUN AROUND I AM LOOKING FOR COUNCIL AT THE MOMENT.

    David’s Answer

    Based on your description of your injuries, the likely answer would be no. Crashworthiness cases (product liability claims against car manufacturers or the manufacturers of the component parts) are extremely expensive cases to litigate. Such cases are usually only brought if there are catastrophic injuries because the cost of litigating the case is generally more than the potential value of the case.

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  • If a person dies of a drug overdose in someones house who is to blame?

    Someone I knew for a short time died of a drug overdose while I was at the store with a friend. I came back 20 minutes later and found him still breathing. Later that night he died at the persons home. Will I be blamed even though I didn't supply ...

    David’s Answer

    It sounds as though you should consult with a criminal attorney to be on the safe side.

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  • My mom's doctor was not able to see her entire colon during a colonoscopy. 18m later she had stage 4 colon cancer. Can we sue?

    I believe my mom's colonoscopy results were not fully clear. The doctor was not able to see the entire colon area. The doctor did not order any follow-ups or second tests. 18 months later she began to exhibit symptoms of colon cancer. We were able...

    David’s Answer

    Colon cancer is generally a very slow growing cancer. There are two inquiries that immediately come to mind based on the facts you provided. Number one, should a repeat colonoscopy or other imaging study have been performed once the doctor was not able to view the entire colon. Number two, having in mind the slow growth rate of colon cancer, would the early detection have made a significant difference in your mother's prognosis. It appears on its face to be a case that you should speak to an experienced medical malpractice attorney about.

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  • How long does it take to hear back from victim compensation in Massachusetts

    I applied for victim compensation and i got the release to sign and sent it in on February 19th . . was wondering how long it takes to hear back and everything

    David’s Answer

    The office can be fickle with some requests being processed promptly and others falling to the back burner somehow. If you have not heard anything back within a month, you should follow up with them.

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  • What do i do? what should i do? who should i contact?

    No results matched your search for my daughter doctor gave me a prescription for my almost 4 years old it was children's alleged to be taken 1 teaspoon twice a day i took to rite aid and filled the prescription the expiration date was 12 / 2012 a...

    David’s Answer

    Thankfully it sounds as though your daughter has not been seriously harmed by taking the medication. If that's the case, then you most likely would not have a viable case worth pursuing.

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  • Do I have a lawsuit? Can I sue?

    Hi , I work at McDonald and I recently burned my hand with a second degree burn from coffee because It brewed directly on my hand as brewer feel on my hand , with all the coffee beans , and the water also brewing on my hand . Now it's forming ...

    David’s Answer

    You should contact a workers compensation attorney in your area to discuss a possible claim.

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  • How long after a malpractice can I sue in MA?

    This happened in 2006 . My knee also . they said nothing was wrong it was sprained . sent me home with a knee brace . Told me in 6 - 8 weeks I will be fine . So 8 weeks later I went for a check up at my Dr . and he said said how are you wal...

    David’s Answer

    More likely than not, any claim you may have had is now barred by the statute of limitations. In Massachusetts, you have 3 years from the date of negligence or 3 years from when you knew or should have known of the negligence to bring a claim (but no more than 7 years in the case of medical malpractice). The fact that you didn't know what to do back then would not keep a potential claim alive.

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  • I slipped on icy sidewalk 1/11 and and still seeking treatment for a broken femur. Now I've been told that i need to give notic

    now I've been told i have to give notice to town or property owner. is this true?

    David’s Answer

    Massachusetts law requires 30 day notice, although the defendant needs to be able to prove that that failure to provide notice within 30 days prejudiced the defendant in some manner in order to preclude a claim.

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  • Should I hire a lawyer?

    My wife had a surgery on her arm, it was an ulnar nerve entrapment surgery. It has been 7 weeks now since the surgery, she has seen her neurologist again and he did another test on her arm and the damage is worse now than it was before the surgery...

    David’s Answer

    The fact that the injury did not improve through surgery is not malpractice in and of itself. A lawyer would need to prove that a negligent act of the surgeon resulted in her present condition. All surgeries do not guarantee improvement. You would be wise, however, to obtain your wife's medical records and have them reviewed by an experienced medical malpractice attorney.

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  • Can i sue the state of MA?

    My BMW got both passenger side tires torn because of potholes. Rim was bent in rear wheel. i had to pay $ 1300, and car's value was down by $ 3000. Can i sue the state of MA?

    David’s Answer

    MA has strict laws and rules regarding the right to recover for defects in public roadways. Liability is capped at $5,000 provided you can prove your claim. Be sure to review Massachusetts General Laws Chapter 84.

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