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Patrick D McCabe
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Patrick McCabe’s Answers

46 total


  • What to do now ?

    Me and my friend driving back from work I was at the passenger side he hit a car from rare his fault they we went to the hospital by ambulance after one week I start feel pain in my lower back I did MRI they found a heranted disc . I did physical...

    Patrick’s Answer

    It sounds like you have an attorney and if so, definitely speak with them about your concerns. Just like the art of medicine, however, law is not an exact science, and if you are uncomfortable with your attorney's advice, I would encourage you, or my mother, or anyone to speak with other attorneys. Sometimes it takes two different ways of explaining things to sink in; other times, different attorneys may have different approaches. Ultimately, however, you want to reach a level of mutual comfort with your lawyer that you are both on the same page. Best of luck with the legal and medical issues you are facing.

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  • What do I do when neither party wants to come to terms on back surgery and rehab?I am a surgical candidate!

    Hurt in a construction accident 2008.Back a injury and neuro-genic bladder due to rollover in excavator. Double fusion lower back. failed back surgery syndrome 2013. In extreme back ,leg and hip pain past 3 years .Begged for medical attention .Aft...

    Patrick’s Answer

    Its difficult to parse out all the relevant information. I would always encourage you to discuss your concerns with your lawyer. If you remain unsatisfied or confused, then contact another attorney to discuss. Often these issues come down to confusion over the process.

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  • If a case is settled but the insurance committed bad faith ,can i sue that insurance for bad faith.

    an insurance company has committed bad faith , using all the tactics in order to diminish and undervalue a case. after so many years the company refuses to do anything right except these acts below; Unjustified contention and/or "lowballing" r...

    Patrick’s Answer

    Under all circumstances, the "release" you likely signed to settle the case would have to be reviewed because more likely than not it prohibits any such further litigation.
    That said, there are "first party" insurance disputes, and "third party" insurance disputes. "First party" means that you are dealing with your own insurer and claims against them. "Third party" means that the insurance company is the insurer for someone else (who you have a claim against). Generally speaking, it is very difficult to sue for bad faith in the "third party" context because the insurance company's duties generally run to their insured. Their are some exceptions, but these are difficult claims. In the "first party" context, bad faith claims are a little easier because you are owed duties under your contract with the insurer. However, without more details and especially without reviewing the release (which again, likely prohibits such further claims), your inquiry cannot really be answered.

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  • Am I obligated to reveal joint tax returns on a civil suit which I am the plaintiff?

    Personal injury case. Its been two and a half years into the case. I have also made a claim for lost wages which can be found in W 2 statements and other areas. why do I have to divulge my wifes income in my personal case?

    Patrick’s Answer

    • Selected as best answer

    Talk to your lawyer, but assuming that your personal injury arises from either a MVA or a premise's liability claim, and assuming the defense has not moved for non-standard discovery, under CT's standard discovery you are only obligated to produce "that part of all income tax returns relating to lost income filed by the Plaintiff for a period of three (3) years prior to the date of the incident and for all years subsequent to the date of the incident through the time of trial". While we routinely produce complete tax returns for expediency, if there is a concern, you could ask your lawyer to redact all information related to your wife and that does not pertain to your lost income claim. Ultimately, however, your lawyer will know best and you should follow his/her advice. There may be a tactical or other reason to produce the complete returns.

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  • I got in a car accident in 2012 i already settled but i feel i was misrepresented by my lawyer can i sue my lawyer

    I was in a car accident back in 2012 I now have severe back pain and a herniated disc in my lower back I needed to get surgery but the person who hit me didn't have enough money to cover my medical bills my lawyer told me i had to settle because i...

    Patrick’s Answer

    You are probably out of luck, but it wouldn't hurt to call and discuss with a lawyer who handles such issues (potential legal malpractice). Someone noted that you may have UIM coverage - that is certainly worth looking at, and depending on when you settled you may still have time to bring a claim (UIM Is 3 years from the crash, or 6 months following settlement if you put your insurer on notice). If the settlement obtained all the defendant's insurance, then your lawyer's advice may be correct, although it is a more nuanced issue than can be answered given the information you have provided. I would recommend you call someone ASAP to discuss the facts in more detail.

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  • Should I amend complaint to add apportionment defendant?

    I am the Plaintiff in a Personal Injury case. The Defendant has filed an apportionment complaint and is suing another driver in the MVA. Should I amend my complaint to add this apportionment defendant AND the owner of this other vehicle? (The Owne...

    Patrick’s Answer

    You can and should add in the apportionment driver - since they are now a party (due to the apportionment complaint) you can just amend your complaint to assert your claims. This is called "pleading over".
    As for adding the owner - there is no downside to doing so, assuming you have the requisite facts to allege (agency, family car doctrine, employment, etc.). Note however that since the owner is not a party to the action you will need to do a little more than just amend your complaint. You could either move for permission to add a new party defendant (and then serve them after) or you could try to start a new action against them and move to consolidate.

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  • I obtained a lawyer jan 2013, for a car accident case . A week and half ago,I was told that I wasn't going to be compensated for

    the accident. The lawyer had my case for 2 years. I was looking for a second opinion, and l was turned down, due to statues of limitations, which I didn't know about. Now I lost everything, a vehicle, my health(injuries I received in the accident)...

    Patrick’s Answer

    You basically need to speak with a legal malpractice attorney. If you hired the first lawyer and signed a representation agreement, and he failed to file the lawsuit within the statute of limitations, then you may have a legal malpractice claim. If he told you he couldn't represent you before the statute ran out but you didn't get a new lawyer soon enough, then its trickier and will matter when he told you. In all cases, its important to remember that to succeed on a legal malpractice claim you have to show that if the lawsuit had been properly filed, you would have recovered from the defendant. In any event, I would encourage you to speak with a legal malpractice attorney in your area. Good luck.

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  • Do I have a malpractice case?

    I recently had a tooth pulled by a dentist. The extraction took long because the roots were "anchored to the bone." Several days after the extraction, I experienced excruciating pain, ulcers, and drainage. The office told me to give it time to he...

    Patrick’s Answer

    The most important issue is whether another medical care provider of the same specialty as the "first dentist" believes that the first dentist violated the standard of care. If the first dentist is a general dentist without a specialization (DDS) then you need to have another general dentist (DDS) look everything over and decide whether or not the first dentist violated the standard of care. If they agree, then you likely have a claim. Whether it is worth pursuing will then turn on things like how much money you spent out of pocket, whether you are now 100%, how long you suffered, etc. (e.g. the "damages"). I would recommend you contact someone who does that type of work - perhaps the "emergency dentist" would be willing to share their thoughts on whether or not it was a violation.

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  • After several failed settlements, I cannot afford trial. As plaintiff, can I pull the filing until I get back on my feet?

    If I pay my husband what he wants, I won't be able to support my kids. I've spent over $100,000 trying to settle. I can't afford the upcoming trial and hope that pulling the filing will bring him to the negotiating table with realistic numbers sin...

    Patrick’s Answer

    You should obviously and definitely discuss this with your lawyer. That said, it is my understanding that this is a tactic in family matters, since withdrawing the case doesn't prevent you from later re-filing. For that same reason, however, it is also my understanding that defendants routinely file counter-claims for divorce as well. If your husband has filed a counter-claim for divorce then you pulling your claim will not accomplish much of anything (other than leaving him as the plaintiff). In addition, even if it works, this tactic may be viewed with raised eyebrows and may serve to antagonize your husband more than lure him to the table. If kids are involved (and you said they are) such tactics might affect the court and/or 3rd parties views as well.
    Either way, definitely speak with your attorney or at least a divorce attorney. I emphasize I am not a divorce attorney.

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