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Richard A. Martone

Richard Martone’s Answers

31 total

  • Do I have a lawsuit after having a hernia surgery?

    i had hernia surgery 12 days ago and still feel sharp pains and numbness around the area. I went to post opp appointment and the surgeon said it would go away but also informed me that when he injected the stuff to numb me that he accidently injec...

    Richard’s Answer

    As the previous answer correctly indicates, in order to have a viable medical malpractice claim you will need another competent doctor in this field of medicine to verify that what your surgeon did (or failed to do during your surgery) was outside the scope and standard of reasonable medical care.

    In the event that can locate a second physicial who is ready, willing and able to provide such an opinion and analysis (preferably in writing for you), then you should immediately speak to a lawyer who handles medical malpractice claims.

    As you can probably guess, it can be extremely difficult to find a second physician who is willing to provide such a written opinion or report against your surgeon. Hopefully, it will not come to this and your recovery will continue.

    Best of luck.

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  • Can I somehow get my loan interest reduced or total due reduced on a lawsuit loan I took

    2½years ago I had a slip and fall in a Mc Donald's. I hired a lawyer and after 6months I took out a loan from a copany that specializes in lawsuit loans if I don't win I don't pay but at a very high rate of interest. I borrowed 1500 dollars now 27...

    Richard’s Answer

    I couldn't agree more that you need to speak with your attorney and present him/her with the very same question. You need to understand the potential value of your claim, the likelihood of success on the merits and the overall costs you will incur (including the attorney's fees, cost incurred or advanced on your behalf and the interest on the loan you referenced).

    Who better to review and explain these issues than the attorney that is handling this case and the attorney who probably put you in touch with the company that extended the loan.

    Good luck.

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  • I was in accident where i was cited for failing to yield at intersection.i disputed the ticket & won! do i have case for injury?

    The other driver was discovered to have been talking on his cell phone and was driving at excess speed. Mt insurance comapny was not going top pay because of ticket and found me more than 50% at fault. Now that the ticket was dismissed and the o...

    Richard’s Answer

    The fact that your citation was reversed would certainly be helpful for a personal injury attorney to argue in the pursuit of any personal injury claim. However, please consider the following: 1) The liability insurance company can still argue that you were contributorily negligent in order to minimize if not avoid any responsibility for your injury claim; 2) In order to be eligible to pursue a claim for personal injury in MA there will be certain criteria that you must meet (such as a minimum threshold of medical expenses); and 3) Given that you were originally cited and have since appealed and won, I think a skilled personal injury attorney should be contacted to at least review your claim prior to your taking any further action. Remember there is a 3 year statute of limitations here in MA for personal injury actions such as this so time may be of the utmost importance depending on the date of the accident.

    Good luck.

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  • I have been married 11 years. He has primarily supported me and has a 401K. I do not. Would I have any rights in a divorce?

    I am in a second marriage. He has grown children, I do not have any. He has primarily supported me throughout the marriage. I have bipolar disorder, and although I have worked at many jobs, I cannot keep one for long. I am not proud of this by...

    Richard’s Answer

    I too must underscore and stress the importance of you seeking legal advice since you do have legal rights even though you may feel like you do not. In addition to contacting the Massachusetts Bar Association, you should also consider going to the Barnstable Probate and Family Court as there is a program through which you can meet with an "attorney of the day" and receive at least a brief consultation and likely walk a way with a better understanding of the divorce process and your rights.

    Another option would be to contact Cape and Island's Legal Services to coordinate a mutually convenient day/time to meet with one of their attorney's due to you present lack of income.

    I sincerely wish you good luck through this difficult time.

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  • Child support question

    I was divorced in 2006. Ex was supposed to pay mortgage in lieu of child support . He only paid for one year and then stopped and the house went into a foreclosure. Since I was in a very difficult situation, never knowing when I would be evicted (...

    Richard’s Answer

    I would concur that when your ex stopped paying the mortgage you should have commenced contempt proceedings to report his failure to the Court. Given that you did not and since the home has now been lost to foreclosure the mortgage no longer exists and therefore I am not certain that a contempt action would be appropriate.

    However, a complaint for contempt would probably be the fastest and most economical way to bring your ex's failure to support your children before the Court's attention.

    I would recommend you meet with a domestic attorney to review the contempt process and to review the modification process as well. Either way, you should bring this matter back before the Court since your ex does have a support obligation that needs to be put back into effect and clarified.

    Good luck.

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  • What should a parent do to protect himself from liability if a 19 year old college child causes an accident?

    Should child's car be in her name? Should she have her own auto policy? Can I provide support for college without being liable for her actions? Should she list her college residence as home? Thank you.

    Richard’s Answer

    If the accident has already ocurrred, your changing the registration of the car into your child's name after the fact would not help immunize you.

    Likewise, if the accident has already ocurred, obtaining an insurance policy in your child's name will not help immunize you.

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  • If a minor is awarded money for injury during a car accident, does it have to go into an account till she turns 18

    I was told two different things by two different sources, one being a lawyer. Is it true that in the state of Massachusetts a settlement over $5000.00 that is awarded to a minor is frozen in an account till they turn 18, or is there an amount at ...

    Richard’s Answer

    In general any settlement for a minor is supposed to be presented to the Court through a petition for approval of a minor's settlement.

    When the Petition for Approval is heard by the Court, there is a brief hearing during which the Court is advised as to the facts and circumstances of the accident and the injuries sustained by the minor. During this hearing, the Court can inquire as to what plans are in place for the use or deposit of the settlement monies (ie. are they to be placed in a trust account, used for medical expenses.....etc.). Each Court handles these hearing differently. Likewise, when the settlement monies are a larger amount it is more likely to involve an in depth review process to make sure that the monies are being used and deposited appropriately in the minor's best interests.

    Hopefully, this helps and answers your question. Good luck.

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  • Can my landlord charge me more per kwh for electricity since it's in his name? it's 9 ct, I'm chgd 19 cent /kwh

    see above

    Richard’s Answer

    I would recommend you contact an attorney ASAP as what your attorney is doing is unlawful. In fact, it may be unfair and deceptive in violation of the consumer protection statutes that we have here in Massachusetts. This should be reviewed and handled, in my opinion, by a qualified attorney so that you can deliver an approrpriate written demand notification to your landlord that meets the criteria of our statutes.

    Good luck.

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  • What to do about throwing husband out of house?

    I am in a marriage that I no longer want to be in due to the fact that my husband is both mentally and verbally abusive to me and my two older children, who are not his. We have a 4-year-old together and she is a "daddy's girl". He works in CT M...

    Richard’s Answer

    I am terribly sorry to hear of the abuse you and your children are suffering. You should seek the assistaince of legal counsel and file a complaint for divorce.

    Contemporabeously with your filing you should also consider seeking a restraining order to prevent him from returning to the home due to the physical abuse that sounds like is ocurring.

    You should also file a motion for temporary orders at the same time to seek orders of child support, alimony, child visitation, and your temporary & exclusive use of the home and other support and maintenance orders. These are all things that a domestic attorney will be able to help you with.

    Given your lack of income, you may also want to file a motion for the advancement of monies from your husband so that you can pay your attorney a reasonable retainer if you don't have access to a joint account to pay for the same immediately.

    Good luck.

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  • (Mass.) Ex-spouse claims that he never receives the checks I've made through online bank payments to split child-caring costs.

    Even though I have provided screen shots that I've made payments, he claims not to have received them. So far, he has filed 3 civil contempt complaints against me and my hearing date is coming up. This money is not for child support, but I underst...

    Richard’s Answer

    It sounds like you made electronic fund transfers (EFT's) directly to your ex and not to any child care provider directly.

    If that is the case and your ex is denying you paid and/or that he received the same, I would suggest you print your online bank activity to show the exact date and confirmation number of each one of your payments to him.

    If you would prefer, go ahead and blackout the other transaction so he doesn't see the same, but please do bring evidence of these EFT's to Court b/c then his Complaint for Contempt is no longer a "he said v. she said" battle. By bringing such documentation you will have the undeniable proof you've paid him....and now the only question is have you paid everything you owe?

    If you have paid everything you owe and if you incur attorney's fees defending this case you should be seeking reimbursement of the same.

    Good luck.

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