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John A Dalimonte

John Dalimonte’s Answers

10 total

  • Can i sue my aunt who receive lawsuit money from my mother death

    can i suit my aunt who receive lawsuit money from my mother death

    John’s Answer

    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 your mother had a will leaving her money to your aunt, she could have classified the funds as money for pain and suffering. However, she would have a conflict of interest. I would be happy to speak with you as you may have a cause of action against your aunt. My office is in Boston and you can reach me at 617-367-3311.

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

    2 problems.1)Dentist removed implant crowns to replace with new ones, and left me like that for a year.(I‘ve been having difficulty to eat for a year because some crowns were missing) As a result some healthy teeth were grinded and now need to be ...

    John’s Answer

    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.

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

    He is now disable an can do little on his on what can we do about this can you help

    John’s Answer

    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 the U.S. to treat osteoarthritis and other chronic pain conditions at a recommended 100 to 200 milligram daily dosage, and up to 800 milligrams daily for rheumatoid arthritis, primary dysmenorrhea, acute pain treatment, and familial adenomatous polyposis (FAP). However, Celebrex stroke and heart attack risks were discovered in a trial conducted by the National Cancer Institute. This clinical trial was designed to study the effectiveness of Celebrex use in preventing colorectal and other forms of cancer. This study was suspended after preliminary evidence indicated that Celebrex stroke and heart attack risks were twice as high for patients taking 400 milligrams, and more than three times as great for those taking 800 milligrams of Celebrex as compared to other trial participants.

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  • Do I have a legit case for medial malpractice?

    In Jan 08, I went in to have my tubes tied. The surgery was scheduled for 6 am. I didn't come to until after 1 pm. I kept slipping in and out of consciousness and stopped breathing each time due to an overdose of anesthesia. (Three rounds! First ...

    John’s Answer

    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 have a cause of action.

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

    one person pushed with other pushed back, then first (male)pushes other (female)down who receives bloody knees and states great concert, the second (female)in turns punches first person (male) in nose who states it's okay due to his nose had been ...

    John’s Answer

    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.

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

    Person at fault insurance company wants to pay medical costs of $400, and has offered $700.. It was my boyfriend, and I was not there. However I had to leave school and drive an hour, then take off the next day for followup to the doctors. This...

    John’s Answer

    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.

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  • Can i sue My child's school?

    My daughter was hurt on school bus while the bus driver was not on bus the driver left kids unattended to. it is a special needs bus as well.

    John’s Answer

    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.

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

    I am an African American female in my mid 40's who first called a hair salon to confirm the availability of an efficient stylist to apply a relaxer. I was twice told that the person with whom I spoke had such skills. After the relaxer was applied...

    John’s Answer

    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 reasonably foreseeable that inexperienced hair stylists will be using the product.) Nothwithstanding, you should certainly consult with a lawyer and I would look into whether there are other similar claims against the manufacturer. The mere fact that you found one case against the company does not mean that there were many others that settled before any suit was filed. A good place to look for reported claims or recalls is the consumer product safety commission's web site at http://www.cpsc.gov/. Another place you can look is the FDA's web site as well. You should certainly document your hair loss by photographing yourself to document your damages and what you went through.

    You also have a claim against the hair salon for misrepresentation and for negligence. You should name them to the action as well. With them in the lawsuit, the hair stylist should claim that the instrustions were inadequate. At the very least, you should get good discovery from them and perhaps some cooperation with your claim against the manufacturer.

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

    I sent a Cease & Desist Communications letter to a woman who has been harassing me. I demanded she stop communication with me & ""demanded"" she sign & return the cease and desist letter agreeing to stop communicating with me and harassing me. ...

    John’s Answer

    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.

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

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

    John’s Answer

    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.

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