Marc Lawrence Breakstone’s Answers

I am guessing that you were not injured in the accident, or you would have sought representation. I say this because if you have a property damage claim, only, it probably is not worth getting a lawyer involved. If you had a lawyer, and if the insurer is now claiming it is a 50-50 claim on fault, then an effective advocate could probably get the insurer to accept greater responsibility. Unfortunately, you will have a difficult time getting a lawyer involved in a property damage claim. If...

There is indeed a charitable immunity cap of $20,000 in MA in claims agains a non-profit hospital. However, the cap does not apply to the physicians and nurses of the hospital. Based upon your description of your husband's care, you should certainly speak to an experienced medical malpractice lawyer. The first order of business would be to obtain your husband's complete medical records. If you have not been appointed the administrator or executor of his estate, that will be required as only...

You do not have a legal claim. It sounds like the seller is not a reputable retailer seller of cell phones. You may want to call the Attorney General's Office in your home state to report this individual. You may also want to contact the cell phone manufacturer to inquire as to whether you may have a claim under the phone's warranty.

I think you need to speak to an experienced attorney regarding whether or not you should pursue a claim with a lawyer or try to work something out directly with the dentist. I will tell you that in my over 20 years of experience reviewing cases like yours, I generally do not pursue cases of failed crowns or complications from fillings. Because the investment of time and money by an attorney in a case like this would be relatively large (in the tens of thousands of dollars), unless your...

As a practical matter, if the passenger in the other vehicle was injured, and her damages exceed your mother's liability insurance limits, your mother's insurance company will probably offer the full policy limits on your mother's policy and the case will probably settle. The fact that the occupants of the other vehicle are from Mexico and the fact that they were not wearing seat belts is not relevant. Finally, your mother cannot sue because the driver did not have a license. The only reason...

As a practical matter. No lawyer would represent you on a contingency fee basis. Your damages are too small to make it worth getting a lawyer involved. You could certainly send a claim letter directly to the airline. However, the overwhelming likelihood is that you will not get any satisfaction.

You should speak with a lawyer who has experience with this type of case before you make any decisions about whether or not to sue. If you can identify the owner of the dog, and if the owner or keeper of the dog has homeowner's or renter's insurance, then your injury claim can probably be settled without filing a lawsuit. Some people handle these claims directly with the insurance company. However, you would be doing the insurance company a huge favor, and probably will obtain a much smaller...

You should speak with an experienced medical malpractice lawyer. However, my impression is that you probably do not have a viable case. It is not uncommon for fibroids to grow rapidly in premenopausal women. Even if the fibroid had been diagnosed earlier, your physician may have recommended a hysterectomy anyway. I assume you lost one ovary and tube. Therefore, you still have a functioning ovary and were not put into surgical menopause. While there may have been a delay in the diagnosis...

You cannot sue yourself. If you fell as a result of a defect or dangerous condition on the property which was created by some other person, then you may be able to bring a claim against that person. For example, if a railing collapsed on your porch you may be able to sue the contractor who built the porch. If the condition which caused you to be injured was of your making, then you are out of luck.

You should get in to see a competent lawyer who regularly handles product liability claims as soon as possilbe so that the lawyer can advise you whether or not you have a viable case. It would be irresponsible for a lawyer to recommend the filing of a claim against any party without evaluating exactly how your daughter's injury occurred and whethe the product may have caused the injury. The next question would be to determine whether there was an unusually dangerous aspect of the sweatshirt....