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Richard P. Console

Richard Console’s Answers

365 total


  • Do I need a lawyer if I'm doing a civilian lawsuit?

    I was involved in a car accident. the person who hit me leave the scene, but I had time to take the license plate. her insurance doesn't cover any property damage or body injury. so I'm suing her for the Down payment and all my monthly payments th...

    Richard’s Answer

    I'm sorry to hear about your accident. Based on the facts you provided in your post, it would probably be a good idea to at least consult with a Newark car accident lawyer. (This consultation should be free, by the way.)

    I understand that you're upset about the property damage, and others have addressed the topic of what you can and can't seek compensation for relating to your car, but there might be other concerns arising from this accident that you haven't even had the chance to think about yet. Since your car was a total loss, it sounds like the impact might have been significant -- and often, unfortunately, that means the victim suffers injuries, too. You don't say how long ago this happened, but if you're feeling any pain, it would be a good idea to see a doctor. (If you have a New Jersey auto insurance policy, you don't even have to worry about the other driver's insurance with regards to this, because your own policy pays for your medical bills.) Sometimes serious injuries take days or even weeks to present fully, but waiting that long to get medical care isn't doing your health or your claim any favors. If you are hurt and an attorney accepts your case, he or she can find out what coverage is available (under the other driver's insurance and your own, like underinsured motorist coverage) and make sure you get maximum compensation for all of the damages you suffered. Some of us handle property damage claims as a courtesy to the clients we're representing in injury cases. Even if you're not seriously hurt, a consultation with an experienced attorney can help you determine what options you have here.

    The Find a Lawyer tool here on Avvo is a great resource for locating an attorney with a high rating and an excellent reputation. (I'm also including a link to more information about car accident claims in New Jersey, in case you're interested.) You really don't have to do this alone, and having the right help can make all the difference. Good luck!

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  • Can I sue hotel for negligence because the bathroom sink fell out while I was washing hands. Causing swelling and bleeding to my

    I just had checked in not even ten to fifteen minutes this happened. At Ramada Hotel. Nj

    Richard’s Answer

    Wow, I'm so sorry this happened to you. It definitely sounds like it would be in your best interests to reach out to a Newark attorney with experience handling personal injury and premises liability cases. Most of us offer free consultations, so you can discuss the exact facts of what happened to you and what injuries you suffered with an experienced legal professional and learn the next steps for your unique situation. The sooner you do this, the better, so that your attorney can investigate the accident and get any evidence (photographs, defective parts of the sink, etc.) before the hotel gets rid of it. If you're not doing so already, make sure you get medical care. Not only will you need appropriate medical treatment to get well, but you also need it to document your injuries for your case. If you're not sure who to contact, you can get started by searching for a highly rated Newark personal injury attorney with Avvo's Find a Lawyer tool. Good luck!

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  • Do I have a medical malpractice case?

    I was misdiagnosed on having a broken rib. I was told after xrays that it was swelling and it would heal. It is now almost a year later and I have a deformity because my rib sticks out of my side. I also am in constant pain and am forced to endure...

    Richard’s Answer

    I'm sorry to hear that you're still in so much pain because of this. You might have a medical malpractice case, but only after learning more about your situation can an attorney say for sure. Medical malpractice cases are very fact-specific and complex cases. An attorney will need to find out if there's evidence in your medical records that a doctor deviated from the accepted standard of care in treating you, and your damages will have to outweigh the costs of pursuing the claim. (I'm including a link to more information about pursuing medical error cases in New Jersey, if you want to learn more.) Your next step should be reaching out to a New Jersey attorney for a free consultation so that you can privately discuss the details of what happened to you. The Find a Lawyer tool can help you locate an attorney with a high rating and plenty of medical malpractice experience. Good luck with your recovery and the case!

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  • Do I have a personal injury case if an ER hospital does not report to me findings on CT Scans ? A Dr found them 2yrs later.

    I recently had GB surgery, the DR who performed the surgery told me that he was concerned with the mass on my kidney and noted I had a healed over broken rib. Which were never told to me by Harrisburg ER Hospital where my gallbladder was misdiagno...

    Richard’s Answer

    I'm sorry to hear about your problems. No attorney can tell you without looking over the details of your unique situation whether or not you have the grounds for a successful personal injury or medical malpractice case, but it would be a good idea to reach out to a lawyer to find out. Most attorneys who handle these kinds of cases offer free, confidential consultations where you could privately discuss the facts of what happened to you. If your case sounds promising (that is, if there seems to be evidence to prove that a doctor deviated from the standard of care, and if your damages will outweigh the cost to pursue the case), a lawyer will probably want to get your medical records reviewed by a medical expert. It's not entirely clear from your post what happened when, but you should start reaching out to an attorney as soon as possible. You typically only have two years from the date you knew or should have known about the malpractice to file a lawsuit, and it takes time to investigate the case. You can use the Find a Lawyer tool here on Avvo to locate an attorney with a high rating. Good luck!

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  • Rear ended and not responsible?

    My sons were rear ended about a month ago from a driver who's car was insured but she wasn't licensed. We received a small check from our insurance company (after deductible) & the rest to come from the at fault driver's. Their insurance company p...

    Richard’s Answer

    First, I'm sorry to hear about your sons' accident, and I hope they're doing okay. Insurance companies are businesses, and their main concern is their profits, not what's fair to you. It's not uncommon for them to give you the runaround to delay claims (so they can hold on to your money longer), give you less than you deserve, or deny the claim. If your sons were hurt at all in this accident, it's in your family's best interests to contact a personal injury lawyer who can help sort this out and get your sons the money they deserve. The consultation should be free, and some firms will handle property damage as a courtesy to the clients they represent in injury claims. You can use the Find a Lawyer tool here on Avvo to get started. Good luck!

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  • What kind of attorney could help me

    I was in a vehicle accident caused by a road hazard that was creatted by the road crew putting excessive chips and not enough tar on the road way and there was no hazard sigins posted

    Richard’s Answer

    I'm sorry to hear about your accident. A personal injury attorney with experience handling car accident cases in Pennsylvania may be able to help you. Since it sounds like a temporary situation caused your accident, you want to make sure you gather as much evidence as possible before that dangerous condition is gone. (That means, if you haven't already, take plenty of photos of the area and ask any witnesses for their contact information and statements, etc.) As others have noted, a case like this will probably involve a government entity, so your time to pursue the case is much more limited than it would be in a claim against another driver. Even with evidence, this case could be very complex. My suggestion is to begin reaching out to lawyers right away. You can use the Find a Lawyer tool here on Avvo to locate an attorney with a high rating, a Pennsylvania license, and decades of car accident experience. The consultation should be free, and you can go over the details of your situation and find out if you have the grounds for pursuing a claim. Good luck!

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  • Doctors told me it was safe to take fluoxetine 40 mg when I was pregnant.

    I had my daughter in 2008 doctors told me taking antidepressants wouldn't hurt my baby. I was on 40 mg fluoxetine . I have not been able to work since I had her .she has developmental delays ,phonological speech disorder .and just tested at chi...

    Richard’s Answer

    I am so sorry to learn about the problems your daughter is suffering. The situation must be difficult on your whole family. It's true that evidence has linked antidepressants to developmental delays, and that antidepressants (and fluoxetine in particular) carry the risks of several adverse events, some of them vary serious. (I'm including a link here to more information about the adverse events associated with Fluoxetine, in case you're interested in learning more, but even this isn't a comprehensive list.) These risks are the reason there have been so many lawsuits against the manufacturers of antidepressant medications and against doctors who prescribe these medications inappropriately. My suggestion is to reach out to a Pennsylvania attorney with experience handling pharmaceutical injuries, birth injuries, and medical malpractice cases for a free, confidential consultation. You can privately go over the details of your situation with a legal professional and find out what options you may have. An attorney may want to review your and your daughter's relevant medical records and have experts review them as well. As others have stated, this may be a complex case, and whether or not you will have success depends on the very specific details of your situation. However, you have nothing to lose and perhaps a lot for your daughter to gain, so there's no harm in at least consulting an attorney. Best of luck to your family!

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  • I had a slip &fall on a clear liquid due to no sign in the isle they denied me cus a employee said it wasn't wet hour before

    I suffer from pain a year later after the slip courses two fracture ribs. I'm a housewife who has to drive a lot. I just wanted a settlement for pain & suffering & making life harder. They have to have it on camera to prove what happen. I hate how...

    Richard’s Answer

    First, I'm so sorry to hear that you're still experiencing so much pain a year later. Unfortunately, it's not surprising that the store isn't stepping up and taking responsibility. My suggestion would be to immediately begin looking for another attorney with experience handling slip and fall cases in retail stores. Call for a free consultation right away, and go over the full details of what happened to you and what injuries you suffered. Be sure to mention any evidence, like video footage, that you have. The statute of limitations in a slip and fall claim is just two years from the date of the accident, and it sounds like you're already more than a year into that statute, so don't wait any longer to start looking for an attorney who wants to handle your case. (If you go through several attorneys and can't find anyone interested, it may be that there's a problem with proving liability or proving your damages -- but since you have only consulted one attorney so far, don't give up yet. If a lawyer does reject your case, don't be afraid to ask why or if he or she can refer you to an attorney who might be interested in it.) You can start by using the Find a Lawyer tool here on Avvo to locate an attorney with a high rating and experience handling slip and fall cases in Pennsylvania. Remember, slip and fall claims are complex, so you want to choose an attorney who knows how to win them. You might want to review an attorney's results (you can usually do this from their websites) to see if they have won cases similar to yours in the past. Best of luck with your recovery and the claim!

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  • My daughter fell in a water park resort.. She had to get 8 stitches..

    Inside the indoor water park beach.

    Richard’s Answer

    I'm sorry to hear about your daughter's injury. She may have the grounds for a personal injury case, but it depends on the facts of the situation. Did some sort of safety hazard cause your daughter to fall? How extensive follow-up care does she need, and how long of a recovery time is she looking at? Is there any indication that some aspect of her injuries may be permanent? The best way for you to determine your daughter's legal options and her next steps is to call a Newark personal injury attorney and go over the details of what happened to her during a free, private consultation. This way, you can get accurate advice based on your personal situation without giving out confidential information on a public site like this. You can use the Find a Lawyer tool here on Avvo to locate a highly-rated Newark attorney with experience handling personal injury and premises liability cases and go from there. Best of luck to your family!

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  • Do I need a Lawyer ?

    July 10th 2015, I went to pain management center at LVH valley hospital for pin point injection's for my right shoulder. I have had them before in the neck shoulders and back areas. This was the first time the doctor did them on both sides at the ...

    Richard’s Answer

    I'm sorry to hear you're going through this. You may need a lawyer, but it's probably too soon to know for sure. Even so, it wouldn't hurt to reach out to a medical malpractice attorney now to talk about your options and the next steps.

    Medical malpractice cases are very fact-specific, so an attorney would need to know the details of what happened and review your medical records to determine whether or not you have a case. For a viable medical malpractice claim, you need two things: 1) Evidence in your medical records that the doctor deviated from the accepted standard of care, according to the professional opinion of a medical expert, and 2) damages that are severe enough to outweigh the cost of pursuing the claim. (In case you want to know more about medical malpractice claims, in including a link to additional information.) Hopefully, your injuries will get better with no permanent consequences, but it's important that you understand what to do if not, including what deadlines would apply to any case you may have. Based on the information you have provided here, it sounds like you may want to seek a second medical opinion from a different doctor as well as a free consultation with a medical malpractice attorney. You can use the Find a Lawyer tool here on Avvo to locate an attorney with a high rating. Good luck! I hope you get better soon!

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