L. Maxwell Taylor’s Answers

L. Maxwell Taylor

Middlebury Litigation Lawyer.

Contributor Level 20
  1. Do I have a claim with my state farm homeowners insurance. Entering the shower I slipped went through the shower door

    Answered about 1 year ago.

    1. Jeffrey Mark Adams
    2. L. Maxwell Taylor
    3. Jason Todd Studinski
    4. Philip Anthony Fabiano
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    Generally, homeowner's insurance Pays to defend and indemnify you against claims brought by others for personal injury or property damage sustained at your home, and doesn't come into play if you yourself are injured at home. Hopefully you have medical insurance which pays your medical expenses. Not legal advice, just my two cents. I don't practice law in California or hold licensure there. Cnsult California counsel to obtain legal advice. I practice in Vermont ONLY.

    17 lawyers agreed with this answer

  2. Can a creditor deny me future services because I have filed for a Chapter 7 Bankruptcy?

    Answered over 2 years ago.

    1. Dorothy G Bunce
    2. L. Maxwell Taylor
    3. Michael J Corbin
    4. Eric Charles Lewis
    4 lawyer answers

    I am not sure what you mean by "deny [you] services." You don't say who the creditor is, or what services they are denying you. The automatic stay under 11 U.S.C. section 362 generally operates to prevent creditors from taking steps to collect what you owe them while the stay is pending, although there are exceptions. In other words, the automatic stay stops creditors from suing you for a debt or calling to collect a debt from you. But that's a different matter than simply not extending...

    16 lawyers agreed with this answer

  3. I settled my personal injury case for 6500$. Can I sue for pain and suffering now that I have to undergo more treatment ?

    Answered over 1 year ago.

    1. L. Maxwell Taylor
    2. Richard Andrew Harting
    3. Gary Phillip Heslin
    4. Patrick M Driver
    5. Christian K. Lassen II
    6. ···
    10 lawyer answers

    I have never seen a personal injury settlement agreement that did not include language providing that the settlement settled all present and future claims arising out of the incident which formed the basis of the suit. It is a truism that lawyers' closing arguments include the proposition that "this is the plaintiff's one and only opportunity to recover damages arising out of the accident." The short answer is, you have but one opportunity to bring suit and recover damages from the...

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  4. Misdemeanor DUI Conviction - California State Bar Moral Character Application

    Answered almost 2 years ago.

    1. Christine C McCall
    2. Joshua Kaizuka
    3. Michael Korry Bialys
    4. Shawn Michael Haggerty
    5. Robert Laurens Driessen
    6. ···
    8 lawyer answers

    I can recommend outstanding California licensing counsel with whom you can consult.

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Is a family dr negligent if he does not respond to a patients phone call?.

    Answered 11 months ago.

    1. L. Maxwell Taylor
    2. Christopher Daniel Leroi
    3. C. Donald Briggs III
    4. Jason Todd Studinski
    5. Jeffrey Mark Adams
    6. ···
    7 lawyer answers

    Malpractice requires a breach of the applicable standard of care that proximately causes harm. I doubt there is a breach of the standard of care here, and I doubt there is proximate cause. Proof of these elements virtually always requires expert physician testimony. I consider it unlikely you would find physicians who would say there was either a breach of the standard of care, or cause-in-fact. But if you want to test that likelihood, ask some physicians and see what they say. Not legal...

    14 lawyers agreed with this answer

  6. Our daycare fed our baby a bottle of breast milk from another mom. Do we need a lawyer?

    Answered 12 months ago.

    1. Christian K. Lassen II
    2. L. Maxwell Taylor
    3. Michael Elliott Rubinstein
    4. Mariam Mary Margaryan
    5. Paul J Molinaro
    6. ···
    7 lawyer answers

    The first thing you ought to do is discuss the circumstance with your child's pediatrician so that you may assess in an informed way any risk to your child which may exist. If further consultations with other physicians besides your pediatrician would make you comfortable, perhaps consult with an infectious-disease specialist who treats infants. I think it unlikely the other mother can be compelled to submit to medical testing, under general principles of law. Let's imagine that it was the...

    14 lawyers agreed with this answer

  7. My insurance company asked me if I would give them consent to disclose my insurance policy limit to another lawyer? Should I?

    Answered over 1 year ago.

    1. David Lee Fiol
    2. L. Maxwell Taylor
    3. Richard Andrew Harting
    4. Matthew C Simon
    5. Michael R Crosner
    6. ···
    11 lawyer answers

    When suit is filed, they will be entitled to obtain this information, so I would think there would be no reason to resist such a request. Your insurer should appoint counsel for you when suit is filed. Do not post here or discuss the case with anyone except your insurer and your lawyer. Not legal advice as I do not practice law in California or hold California licensure. Consult California counsel to obtain legal advice. I practice in Vermont ONLY.

    14 lawyers agreed with this answer

  8. Is it uncommon or unwise to cite cases from another state?

    Answered 6 months ago.

    1. L. Maxwell Taylor
    2. James Ostendorf
    3. William F. Coyne Jr
    4. Anthony Bettencourt Cameron
    4 lawyer answers

    They can be, especially when there is no binding authority directly on point from a hierarchically superior court. A court must apply law which has been settled by the state's highest court. But if the issue has not been settled, and there exists well reasoned authority from another state on facts similar to the case before the court, authority from other jurisdictions ("persuasive authority") may be helpful

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  9. Entertainment/Music law: I found some old reel-to-reel tapes from a deceased music star, who do they belong to?

    Answered over 1 year ago.

    1. L. Maxwell Taylor
    2. Ivan Jose Parron
    3. Andrew Endicott Schrafel
    4. Molly Cristin Hansen
    5. Harry Finkel
    6. ···
    8 lawyer answers

    The tapes themselves belong to you, I think. When you bought them you took whatever title the seller had, and assuming they belonged to the seller, they now belong to you. HOWEVER that doesn't mean you own the copyright or that you can make copies of what's on the tapes and sell them. Very likely such action would constitute copyright infringement both of the public performance rights and of the musical compositions on the tapes. I suppose if you were to digitize them for your personal...

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can someone sue me almost a year and 9 months after a car accident?? And demanding a jury trial

    Answered 4 months ago.

    1. Daniel S. Jaffe
    2. Kristy L. Bruce
    3. Dmitry Levitsky
    4. Daniel Mark Levine
    5. Craig A. Post
    6. ···
    15 lawyer answers

    So long as suit is brought within the applicable statute of limitations, it's timely. In personal injury cases, the reason people often wait until the deadline approaches is so that they can see how their healing from injury is going. People whose injuries are not that serious may decide not to sue at all, while those who have had a rockier, and more expensive, road to recovery will have plenty of medical documentation of the extent of their injuries.

    13 lawyers agreed with this answer