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David Ian Schoen
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David Schoen’s Answers

11,465 total


  • Broke back while visiting aunt

    Fell off deck at aunts house and broke my back. I had a family member drive me to the hospital and was then transported by ambulance to the trauma unit at another hospital. I was admitted for three days and I'm looking at 12 weeks to recover. ...

    David’s Answer

    You really need to consult with a local experienced personal injury attorney who can determine what options you have. If she has homeowners insurance it should provide coverage for some things, but to bring a lawsuit for pain and suffering you will need to demonstrate that the deck was defective in some way.

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  • Have I proven malicious prosecution?

    (Reposted with more information) In Oct 2013, my ex-gf found naked pictures of herself on the internet; she blamed me. I didn't do it; she couldn't prove her claim; she had no legal recourse. ...

    David’s Answer

    You seem to have a pretty good handle on this. Yes, it is a difficult claim in the best of circumstances and you would be hard presses to have a jury find that there was no probable cause on these facts. However, this would go to a false arrest claim,malicious prosecution is not the same. In any event, without an experienced NY personal injury attorney handling this for you, there is really no chance that you will ultimately receive a recovery of anything other than nuisance value.

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  • Do I need a lawyer for this situation?

    6 years ago I received a hernia repair surgery. Ever since that surgery I've experienced progressive pain in my lower side and at the root of for the surgery took place. as time has gone on the pain has increased and now is at a point where I've h...

    David’s Answer

    It doesn't sound normal. You should get another opinion from a skilled surgeon who can give you a better explanation for your pain and even correct the problem. If it was caused by a foreign body, you may still have time to consult with an experienced NY medical malpractice attorney.

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  • Do I need to hire a lawyer for a slip and fall lawsuit filed by my tenant with lawyer?

    My tenant claimed to fall outside of my rental property step a year ago. My insurance company was notified and has been working with tenant lawyer, whom seemed not responsive. However, lawsuit was recently filed and delivered to me directly. Do...

    David’s Answer

    Just turn it over to your insurance company and they should take care of it. If they disclaim coverage for any reason, then you should immediately seek representation.

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  • I was in a car accident in Jan 2015 and until June 2015 was under the care of chiropractors.

    I was in a car accident in Jan 2015 and until June 2015 was under the care of chiropractors until my insurance company, along with their IME, decided to end my benefits. I have now started the process for settlement with the other party's insuranc...

    David’s Answer

    You are making a big mistake attempting to do this on your own. You should immediately consult with an experienced NY personal injury attorney and stop[ communicating directly with the insurance company. There are 1000 ways that you can destroy your own case. NY is no place to fool around with soft tissue injuries, given the "serious injury" threshold involved.

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  • I've been offered $16,ooo for a broken wrist which required surgery to fix. Med bills are about $10k. Should I accept?

    Jan. '15 I fell in neighbor's yard walking their dog (which I'm hired to do). I fell, broke wrist in 2 places, had surgery with plate and 9 screws, was out of work a full month, without pay for 6 weeks. I had no med. insurance at time so neighbor'...

    David’s Answer

    No. You should definitely not accept without at least consulting with an experienced local personal injury attorney. It sounds like a bad fracture and at this point you do not know how it will heal. It is premature at this time to accept any money. You will not be hurting your neighbor. This is why they have insurance. In any event, the medical bills should be covered under the med pay provisions of the policy.

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  • Insurance wants to settle a personal injury after 9 months. Is this too soon?

    I have a low lung capacity and must routinely get pneumonia vaccination every 5 years for protection. During this vaccination, the needle was placed improperly in my arm by a pharmacy student causing immediate pain and injury. Nothing takes the p...

    David’s Answer

    The only way to know for sure is to consult with an experienced local medical malpractice attorney. You do not say how much is being offered, but you must be very careful because as you are probably aware once you settle you can no longer make any claims regarding this incident no matter how much worse your injuries get or how much your medical expenses become.

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  • What are a violent crime victims options after her offender is found not guilty in a jury trial?

    My ex assaulted me. He pushed me down half a flight of stairs. I broke my jaw in two places and I broke 4 teeth. This was just short of a year ago and I'm still having complications physically and mentally. Victims compensation of New Hampshire ha...

    David’s Answer

    You have the option of bringing a civil claim, in which the standard of proof i less. But unless your ex has assets that are significant and liquid it may be an exercise in futility.

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  • What kind of lawyer do I need? Can I sue? And how much can I sue for?

    I was in a public transit accident I told the bus driver that I was injured and he said it didn't happen on his bus and I told him check his goddamn cameras and he told me to get off his bus I then told him I was gonna sue for not offering or eve...

    David’s Answer

    You don't indicate what the bus driver did wrong to cause you to go forward or what you were doing at the time so it remains to be seen if you even have a claim on the initial injury. It was also probably unwise to tell the bus driver that you were going to sue him. This is usually not a good way to get what you need. Asking how much you can sue for also doesn't indicate the right mind frame for being a plaintiff that most experienced plaintiff's personal injury attorneys would want to represent. However, it is possible that you are just not expressing yourself well and that an immediate consult with an experienced CA personal injury attorney is in order.

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  • Laparoscopic colectomy 5/26/13. I was transferred to another hospital for 6 more surgeries, 7 drains. Went home with three.

    I was sent home the day after the original surgery from North Adams Regional. For the next four days in a row returning back there (ER) saying that there was something wrong, on the fourth day they sent me to Albany Medical Center where I had stay...

    David’s Answer

    The malpractice, if any, was probably the failure to diagnose and/or treat the leak when you first started having complaints, as a leak is the first thing that should be suspected. Consult with an experienced MA medical malpractice attorney ASAP.

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