Skip to main content
L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,184 total

  • What is the statute of limitations to file a medical malpractice lawsuit in Indiana?

    I was left in the emergency room at Parkview North after severing my thumb at work for 4 hours before being flown to Indy for surgery. Only thing nurses did was pump me full of pain meds and tell the only option was to cut the rest of my thumb off.

    L. Maxwell’s Answer

    The link below, to, may provide general information to help answer the question you ask in the title of your post. Much more information is necessary than you include in the body of your post to be able to analyze whether you have a viable medical malpractice claim.

    See question 
  • I applied 9 years ago and was denied, I never appealed. do I need to reapply

    applied 9 years ago denied never appealed

    L. Maxwell’s Answer

    Your question is missing information needed to make sense of what you are asking. You applied for what?

    See question 
  • Can you legally sue someone who would not return something you lent to them?...they said they lost it or misplaced it.

    I lent a laptop to a friend who need it for a work...after 2 month i asked for it back...and the excuse he gave me its that he thought he returned it to me. When i said he hasnt...he cant find it anywhere and is playing dumb whenever i ask. What c...

    L. Maxwell’s Answer

    • Selected as best answer

    Generally speaking, when one lends a valuable item he owns to another who refuses to return it for some significant length of time (i.e, not a half hour), at some point the law deems the other to have committed the tort of conversion. The one deprived of the item may sue to get it back ("replevin") or for the value of the thing converted ("conversion"). This is the kind of thing that is the day to day stuff of small claims courts. Contact the small claims court in your county to ascertain what you have to do to file a small claims action. Typically you have to pay a fee and to fill out a complaint form; small claims courts differ in their requirements about how the complaint form is formally served upon the defendant.

    Not legal advice as I don't practice law in Florida. It's just my two cents on the facts you describe in light of general principles of law. Consult Florida counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

    See question 
  • Can I get a court order to remove URL's that appear in search engines (Google).

    I have very negative items that appear when someone does a google search of my name.

    L. Maxwell’s Answer

    Hmm. Without more information, we cannot know what the nature of the information is that you want removed. The First Amendment to the United States Constitution protects expressions of personal opinion and publications of truthful facts, even if those personal opinions are negative and those truthful facts are unflattering. On the other hand the portrayal of a person in a false light, or the public disclosure of private facts, or false and defamatory publications, may render the person who published them liable for defamation or libel under state law. The absence of specifics from your question prevents further meaningful analysis, and the "right to be forgotten" which courts and legislative bodies have adopted in some countries has not yet been extended as law in the United States. Please see link below.

    Not legal advice, just my two cents. I don't practice law in Massachusetts or hold Massachusetts licensure. Consult Massachusetts counsel to obtain legal advice. I practice in Vermont ONLY.

    See question 
  • Can i sue my former day care for false advertizing and discrimination?

    my child was recently attending a "specialized" daycare.he is an 18 month old boy who is starting to do what todlers do..he hits a little bit and throws toys sometimes. learning to play and move his body.he has been attending the same daycare sinc...

    L. Maxwell’s Answer

    Anyone can sue anyone else for anything. The real questions are, "can you prevail?" and "is the game worth the candle?," i.e., even if you can prevail, is the thing worth the trouble and expense?

    The facts you provide don't indicate what the advertising you saw said, or why you believe it was false. And I am not sure what you feel was discriminatory. That your child was, in the end, removed from the same daycare he has been attending since infancy for throwing a toy?

    A child who hits others and throws toys at others is problematic because the daycare has to ensure the safety of other children, and if your child hurts other children they have to be able to prevent him from doing so. I am not sure what you mean by a "specialized" daycare--what I am interpreting your account to say is that the daycare is in the business of dealing with children with behavioral issues, but they were unable to effectively handle your child. Is that what you are saying?

    What it sounds like is that they are unwilling to care for your child because they believe they can't assure the safety of other children in light of your child's behavioral issues. Why you understand this to be discriminatory, I'm not sure; it sounds like a practical problem--in the daycare's view, the needs of the other children cannot effectively be reconciled with your child's needs. It is hard to see how any business which cares for children could implicitly guarantee in advance that they could handle the problems of any child who has behavioral issues. And you mention no such guarantee, only that the daycare is "specialized."

    In any event, even if there were some kind of viable claim for breach of contract, what are the damages? That you have to find another daycare situation? Damages of this nature would not seem to warrant involving the judicial system, or to present a likelihood of any significant recovery. You do not mention a written contract with the daycare, but if such a contract exists it may specify your rights and the daycare's rights. I have not seen daycare contracts, but typically in contracts between students' parents and private schools the school reserves the right to expel pupils for violating a code of conduct. I would think the law would have to imply such a right even in the absence of a written contract.

    Consult Vermont counsel in person to obtain legal advice based on all the facts and circumstances. What I wrote above is not legal advice, just my two cents based on the account you gave above, which may have omitted certain material facts.

    Good luck.

    See question 
  • Can American Justice Association help get compensation for property damage in addition to the other party's insurance offer?

    I received a call from an entity called American Justice Association. They said they got my information from the LAPD as I was involved in a hit and run accident. They said I can claim restitution as the victim. The other party's insurance has off...

    L. Maxwell’s Answer

    Lawyers are forbidden to solicit clients directly; if they do so it violates ethical rules against solicitation and they can be disciplined. I do not know anything about this organization you mention but if they solicited you directly I do not trust them. If you want legal advice arising out of your hit and run auto accident you should hire competent counsel in California to advise you.

    See question 
  • If an employer was accused of discrimination?....

    An employer accused of discrimination by an employee and that employer fires him based on that scusation .I happen to be applying for the job at that time and had no idea what was going on never got hired even tho. I was qualified for the job . Th...

    L. Maxwell’s Answer

    "[M]any years later" is the key language in your question. What does "many" mean? Seven years? Ten? Twenty?

    The general principle of law is that "equity aids the vigilant, not those who sleep on their rights." If "many" years have actually gone by, then the statute of limitations will have expired long ago. The idea behind the statute of limitations is that witness's memories fade, witnesses move away or die, evidence is lost or destroyed, and there comes a point when it is too late to ask a legal tribunal to conduct a fair trial; fair trial would not be possible.

    Not legal advice, just general principles. I don't practice law in California or hold California licensure. Consult California counsel to obtain legal advice. I practice in Vermont ONLY.

    See question 
  • Suing a psychologist for malpractice.

    I would like to persue legal action against a psychologist that my children visited during my divorce. In a nutshell I firmly believe that this psychologist took deliberate steps to alienate me from my children. I have documentetation that I think...

    L. Maxwell’s Answer

    There are lawyers who will litigate professional liability claims against psychologists. The question in such cases is whether the psychologist violated the standard of care, and whether the violation of the standard of care proximately caused the harm. But on the whole it is a tough row to hoe, especially in the context of a contentious divorce, because the fingers of the defendant are always going to be pointed at the strife between the parents, which is undoubtedly a significant factor in cases such as these. Moreover, these cases require a great deal of legal work and the hiring of experts, and unless the evidence establishing that the professional caused the damages is very strong, lawyers are likely to view the risk that they will not be paid as great. However, if you want to pay a professional liability lawyer to consult with you and evaluate your case, including running some of the salient facts by an expert, a lawyer who litigates professional liability cases may be available to assist you.

    Not legal advice, just my two cents. I don't practice law in Nevada or hold Nevada licensure. Consult Nevada counsel to obtain legal advice. I practice in Vermont ONLY.

    See question 
  • How to get a Simple Assault charge dropped completely from your record?

    My boyfriend was drinking and pushed me out of our apartment. I called the cops to regain access to our apartment. Although I did not want to press charges for being pushed, the officers arrested him any ways and now he has to go to court for a si...

    L. Maxwell’s Answer

    Generally speaking, it is the prosecutor who decides whether to prosecute someone, based on the evidence. The question of the disposition of a criminal charge is between the prosecutor and the accused (and his counsel). If the matter is not prosecuted, the remedy of annulment is available, but if the defendant is convicted of a violent crime (simple assault is a violent crime), the remedy of annulment is not available. See link below.

    Not legal advice, just general information. I don't practice law in New Hampshire or hold New Hampshire licensure. Consult New Hampshire counsel if you need legal advice, which should be based upon all relevant facts and circumstances, not just those you stated in your question. I practice in Vermont ONLY.

    See question 
  • Do I have a malpractice suit? Mass large mass was found in my body in July 2015.

    Had stomach problem back in January 2013. SCAN was taken doctor said if was constipation. Had same problem in May 2015. July 2015 had cat scan done shows has large mass. This mass has grown seen scan in 2013. Which was 2 cm. Now 6 cm. Was neve...

    L. Maxwell’s Answer

    If you want to consult with a lawyer concerning medical malpractice, you must identify likely lawyers and contact them privately. They cannot solicit you, even if you ask them to do so, because ethics rules prohibit it.

    See question