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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,111 total


  • Insurance harassment after car accident?

    Was in an accident Shortly after receiving medical attention the phone calls, E mails, and letters started coming. Contacted a lawyer whom sent out a letter to contact him directly and that there is to be no more contacting myself. 7 days later a ...

    L. Maxwell’s Answer

    Mail within Vermont is surprisingly slow these days. Probably your lawyer's letter and the Claims Dept's letter crossed in the mail.

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  • Early July Personal Injury in Car Accident What should be happening at this point? Accident not my Fault. Advice Welcomed

    My wife is having major issues + pain with injury, and wondering if lawyer is being persistent enough?. Lawyer wants to wait for all medical including mine. Co Pays adding up! :-( Dr.'s + Sports Med, No suit/ demands filed yet. Is this waiting ...

    L. Maxwell’s Answer

    I know of no competent counsel who would file suit arising out of an auto accident until the great majority of the medical damages are known. Jurors in auto accident cases are routinely instructed that this is the plaintiff's one and only opportunity to recover for his injuries. Moreover, a plaintiff who rushes to settle his case, only to discover that the accident caused additional harm, will be unable to add a penny to his ill-advised, early settlement.

    Get the medical treatment you need, and make your concerns known to your lawyer, you should be able to address them and put you at ease. That's the lawyer's job.

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  • I have had 2 rectovaginal fistula repairs with ileostomy an have to have another repair, an have had multiple infections with al

    I have had 2 rectovaginal fistula repairs with ileostomy an have to have another repair, an have had multiple infections with all, can I sue the Dr. An the hospital? The hospitals were in the Currier journal recently for having extreme infection r...

    L. Maxwell’s Answer

    The essence of a medical malpractice claim is that the professional breached the applicable standard of care, and such a breach proximately caused you harm. The facts you describe don't suggest one way or the other whether the professional breached the standard of care, or what caused you harm. it's not impossible, but at the same time bad results sometimes occur without anyone's negligence. Expert testimony is almost always necessary to establish what the standard of care is, what the breach was, how it proximately caused the harm, and what the specific harm was. And expert testimony is very expensive, usually hundreds of dollars per hour for all time spent reviewing medical records, writing reports, preparing and sitting for depositions, and testifying at trial. The economics of medical malpractice litigation make it so that only the cases which have grave harm are the ones worth litigating. Consult medical malpractice counsel in your state to assist you in making the evaluation whether the game is worth the candle.

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  • If a doctor does not tell you and you have to go to the hospital an hour later to find out is that malpractice

    Went to in Urology for right flank pain he told me I had a kidney stone in my kidney but that wasn't what was causing my pain he said it was a muscle problem one hour later I went to the hospital they told me I had a bad bacterial kidney infection.

    L. Maxwell’s Answer

    Possibly, possibly not. But unless you suffered serious harm in that hour between the doctor's wrong diagnosis and your later, correct hospital diagnosis, there's not a case worth bringing. Negligence is everywhere, but only negligence which causes serious harm warrants the bringing of a civil suit.

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  • What do I need to do to get a felony annulled from my record in NH and now I live in VT?

    Back in 1999 I was arrested for sale of marijuana while on probation. I served my time and finished my probation in 2004. I live in VT and my record is in NH. Its been 11 years and I want to clean up my record. Where do I start?

    L. Maxwell’s Answer

    Thie link below from Nolo.com may provide some general information which may help you start on your journey.

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  • If you have no children is it okay to put in the area on the petition where it asks to list children to say "no children"

    That is how I filled out the petition and want to make sure it's correct (divorce)

    L. Maxwell’s Answer

    If you have no children, and the form asks for the names of your children, you would either put "none" or leave it blank. No?

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  • Does writing "Paid in full: on a check, that is then cashed prevent a contractor from collecting additional money on a job?

    We received an estimate for $8000 to have a water well installed at our home in Vermont. The estimate did indicate the final price is unknown until the job was completed. When it was done we got a bill for $12,700. We were shocked it was so much ...

    L. Maxwell’s Answer

    The link below represents Vermont Supreme Court authority which speaks to your question. Where a debtor tenders a check to a creditor as payment in full for less than the amount alleged to be owing on the debt, the creditor may accept the check as partial payment, so long as the creditor makes a reservation of rights in a manner that clearly and explicitly notifies the debtor that the check is not accepted as full payment on the debt and that no accord and satisfaction has been effected. 9A V.S.A. § 1-207.

    See link below.

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  • Curious

    I have a friend that has misdemeanor charges in Massachusetts for a domestic assault, if that person doesn't go to court and there is a warrant and he leaves the state and moves out of state, will the State extradited that person back? Again the ...

    L. Maxwell’s Answer

    you are asking about what Massachusetts prosecutors will do, but you list your location as Vermont, where Massachusetts lawyers will not read it . Reposting your question with a Massachusetts location will increase the odds that in Massachusetts lawyer will respond to it.

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  • Donating sperm to a friend. Need advice on a "no child support" contract

    A friend of mine is wanting a baby and I offered my sperm. Thing is, I want a contract that would put me completely in the clear of any sort of child support payments or obligations. I want no custody or anything maybe just the requirement that sh...

    L. Maxwell’s Answer

    As a general principle of law, child support exists for the benefit of the child, and parties may not contract to deprive a child of the benefit of a statute which exists for the child's protection. The contract you describe would probably be void as against public policy. However, you should consult a lawyer who handles matters such as surrogacy and adoption to ascertain whether a way exists to bring about the state of affairs you seek.

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