John A Dalimonte’s Answers

John A Dalimonte

Boston Defective and Dangerous Products Attorney.

Contributor Level 10
  1. Can i sue my aunt who receive lawsuit money from my mother death

    Answered over 3 years ago.

    1. John A Dalimonte
    2. Michael Scott Rothrock
    3. Lars A. Lundeen
    4. Brian C. Pascale
    4 lawyer answers

    Massachusetts has a wrongful death statute that provides that the children of the deceased are entitled to compensation for the wrongful death of the parent. I am assuming that your aunt was the administrator/executor of the estate for purposes of filing the lawsuit. She has a fiduciary duty to make sure that the rightful takers under the law get their fair share. Money recovered for wrongful death is not probated. However, money recovered for pain and suffering is subject to probate. If...

  2. Do I have a case? Problems with my dentist.

    Answered over 3 years ago.

    1. John A Dalimonte
    2. Sean P. McGinley
    3. Joyce J. Sweinberg
    4. Richard James Grossman
    4 lawyer answers

    You should report this dentist to the appropriate licensing board in your state. You may also have a dental malpractice claim assuming he removed your crowns without your consent.

    1 lawyer agreed with this answer

  3. Cease and Desist Communication sent & ignored by recipient. Should I get a protective order to stop the harassment?

    Answered over 3 years ago.

    1. John A Dalimonte
    2. Steven Alan Fink
    3. John Winston Phillips
    4. Joyce J. Sweinberg
    4 lawyer answers

    You do not need her to sign and return the letter particularly where you have confirmation of delivery. If she continues to harass you, you should seek a protective order.

    1 lawyer agreed with this answer

  4. I have a family member that have had strokes an blood clots an was wondering if Celebrex had anything to do with his condition

    Answered over 3 years ago.

    1. Randy William Ferguson
    2. John A Dalimonte
    3. Joyce J. Sweinberg
    4. Ted Alan Novick
    4 lawyer answers

    You can get information about Celbrex and the increase risk of strokes and blood clots on the FDA web site. It is www.fda.gov. You should consult with a lawyer to look into this for your family member. Below is some information that you may find helpful. Pfizer announced that clinical studies have revealed an increase in Celebrex stroke and heart attack risks for patients taking 400 to 800 milligrams of their top selling prescription painkiller in December of 2004. Celebrex was approved in...

  5. Do I have a legit case for medial malpractice?

    Answered over 3 years ago.

    1. David Thomas Aronberg
    2. Jeffrey Mark Adams
    3. William Thomas Burdo
    4. John A Dalimonte
    4 lawyer answers

    You may have a medical malpractice case. However, depending upon when you learned of your injuries, you may have a statute of limitations issue. NY has a two year six month statute of limiations period from the date you discovered or reasonably should have discovered the malpractice. If you discovered that the doctor punctured a hole in your uterus and failed to place the coil in your right fallopian tube as a result of the pains in your stomach within the last two and half years, you may...

  6. If two people are moshing and receive injuries, can one have the other arrested later for assault, if not claimed at time?

    Answered over 3 years ago.

    1. Robert Lucas Ranco
    2. Cynthia Russell Henley
    3. William J. Dyer
    4. Jeffrey Mark Adams
    5. John A Dalimonte
    5 lawyer answers

    A punch in the nose is not something that one would expect while moshing and I doubt that anyone would consent to such a strike. Thus, it would constitute an assault and battery. However, under these circumstances, it is unlikely that a jury would be sympathetic or would be able to figure out who was telling the truth. Accordingly, I would not think any prosecutor would prosecute such a case.

  7. Grandaughter 8 yrs was in accident, not hurt but was taken by ambulance to determine injuries

    Answered over 3 years ago.

    1. Isaac R Jackson
    2. Lawrence A Ramunno
    3. John A Dalimonte
    4. Randy William Ferguson
    5. Lars A. Lundeen
    5 lawyer answers

    If you can, let the insurance company cover the medical costs without signing anything. If it later turns out that your grand daughter has a recoverable injury, you should consult with a lawyer and pursue compensation for her bodily injury.

  8. Can i sue My child's school?

    Answered over 3 years ago.

    1. Michael Edward Atwater
    2. John A Dalimonte
    3. Lawrence A Ramunno
    4. Jeffrey Mark Adams
    5. Ted Alan Novick
    6. ···
    6 lawyer answers

    You may file a claim against driver, but there may be some restrictions relating to notice of your daughter's claim and the entity that owns the bus. Most schools hire private companies to bus the children. However, if it is owned by a government agency, issues of presentment governmental immunity and caps on damages may apply depending upon the jurisidiction. You should consult with an attorney.

  9. I would like to know the amount of compensation to seek in a claim of skillset nondisclosure and admitted company liability.

    Answered over 3 years ago.

    1. Lars A. Lundeen
    2. Jeffrey Mark Adams
    3. Biju Varghese
    4. John A Dalimonte
    4 lawyer answers

    When evaluating the value of any claim you need to look at the jurisdiction where the claim can be filed because jury verdicts vary from jurisdiction to jurisdiction. Similarly, each person is different and hair loss for one person may be diferrent for another. The probabilty of success of proving liability is another factor that must be considered. (The warning label and instruction on the application is important to look at as well to see if the instructions were clearly written as it is...

  10. Can you sue a previous employer for Libel and slander and plurgery for lying under oath?

    Answered over 3 years ago.

    1. Jeffrey Harlan Penneys
    2. Jeffrey Mark Adams
    3. Biju Varghese
    4. John A Dalimonte
    4 lawyer answers

    Statements made in a court proceeding are generally protected from slander and libel claims. However, if the statements are indeed untrue, it would be up to a criminal prosecutor to pursue perjury charges.