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Richard P. Console
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Richard Console’s Answers

496 total


  • My question is this. Can legal action be taken against this hospital for refusing to fix the mistake that they made?

    In late 2015 I had my shunt readjusted because it had moved. They also told me I did not need the shunt and shut it off. I called the hospital's neurosurgery department and the chief of neurosurgery basically told me to go to hell. The thing is, t...

    Richard’s Answer

    I'm very sorry all of this happened to you. As other responses have pointed out, it's important that you are currently getting the right medical care you need from competent doctors and providers. Medical malpractice claims are incredibly fact-specific, and your post doesn't contain enough information for an attorney to tell you whether or not you have a claim here. My suggestion at this point would be to reach out to a Marlton attorney with experience handling medical malpractice claims and take advantage of a free consultation (most of us offer them). Once an attorney has had the chance to discuss your case privately and get some more information, he or she would want to review your medical records and have them reviewed by a medical expert (a doctor) to determine if there's evidence of malpractice. The sooner you get a lawyer to take a look at the situation, the better. If you're not sure where to start, the Find a Lawyer tool here on Avvo is a great resource. I wish you the best of luck with your future medical care and with any claim you end up pursuing!

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  • Who or what is responsible for the prescriptions, MRI, and difference in lost wages.

    I'm sorry but I'm still very confused. I was rear ended recently. The other party was completely at fault. I have prescriptions, medical testing like an MRI which has to be done. But my insurance is denying the test. I have missed 2 weeks o...

    Richard’s Answer

    First, I'm very sorry that this happened to you. The reason you're confused is that the process is very confusing -- that's a major reason why people in situations like yours hire attorneys who deal with the system on a daily basis and know the ins and outs of the claims process. Your auto insurance company is responsible for your medical bills, minus your deductible and copays. However, your auto insurance company benefits from paying out as little as possible, which can unfortunately mean that they sometimes deny MRIs and other tests and procedures. Having an attorney on your side can keep you from being taken advantage of. Whether or not your insurance company will cover any of your lost wages depends on what you agreed to in your individual policy, so without seeing that policy, none of us attorneys on this site can offer you very clear answers. My suggestion to you is to reach out to a New Jersey attorney with experience handling car accident cases and discuss the details of your unique situation during a free consultation. Most of us offer them and will be happy to answer all of your questions, once we have the information we need to do so. When a lawyer pursues a claim for you, he or she will fight to get you compensation for all of your damages, including the lost wages you're concerned about right now. Please keep in mind that the more you interact with either insurance company (even your own), the more chances you have to say something that you might regret -- something your insurer could twist and use to deny or diminish your claim. The sooner you talk to an attorney, the better. Avvo is a great place to start your search for the right lawyer. Good luck with your recovery and the claim!

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  • Is the apartment complex liable for it?

    I broke my leg on black ice on the side walk in my apartment complex.

    Richard’s Answer

    I'm sorry to hear about your injury! Yes, the apartment complex may be liable for this accident, but to know for sure, a lawyer would need more details than you have included here. Slip and fall claims are very fact-specific, so the next step you should take is reaching out to a personal injury attorney with experience handling these cases, especially those involving icy walking conditions, in Pennsylvania. (I'm including a link to more information about this specific kind of case, in case you want to know more). Most of us offer free consultations, so it won't cost you anything to get a lawyer's view on your individual case, and we typically handle claims like yours with no upfront cost to you. If you thought to take any pictures of the icy sidewalk or your injuries or to get the contact information for anyone who witnessed your fall, make sure you mention this to the lawyer you consult. Having the right evidence can be important to making your claim a success. The Find a Lawyer tool here on Avvo is an excellent place to start your search for the right attorney, or you could reach out to one of the lawyers who took the time to respond to your question already. Best of luck with your recovery and the case!

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  • How do I get compensated for wages lost. The other driver was completely at fault.

    Got rear ended at a red light. Injuries may or may not be serious but I have already lost 3-4 weeks of work. I have not been put on disability as of yet so I cannot collect anything through the state.

    Richard’s Answer

    I'm so sorry to hear that you're going through this. Since your injuries have kept you out of work this long already, it would be in your best interests to get a lawyer involved. Most personal injury attorneys in New Jersey offer free consultations and handle cases on contingency, which means that we only get paid a percentage of the money we recover for you (and that you don't owe anything now). A lawyer can help you figure out if you meet the criteria for state disability and if your auto insurance policy includes any wage loss compensation. He or she can pursue a personal injury claim on your behalf and seek compensation for all of your damages, including your lost wages, to make you whole again. Please keep in mind that the sooner you get a lawyer involved, the sooner he or she can help you, and the better off your case will be. Good luck with your recovery and the claim!

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  • Fell on black ice in my condo complex. Can I sue?

    I fell on ice in my condo complex and I am going to the doctor Tommorow. Should I notify my condo association? It's black ice everywhere. I also called the cops yesterday because they did not clear the snow properly. Will I be able to sue them?

    Richard’s Answer

    I'm sorry to hear that this happened to you. You may be able to sue the property owner and/or any party responsible for snow removal, but that depends on a lot of facts that aren't included in your post, such as whether you were injured in the fall. My suggestion would be to reach out to a New Jersey personal injury lawyer as soon as possible to discuss the details of your fall. Most of us offer free consultations, so this shouldn't cost you anything. You want to look for a lawyer with experience handling (and winning) slip and fall claims, especially those involving ice and snow, since these can be challenging cases. (I'm including a link to more information about slip and falls that involve ice and snow specifically, in case you want to learn more.) There are plenty of experienced attorneys here on Avvo who would be willing to privately discuss your situation with you. Good luck!

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  • Is this a case of malpractice?

    I had a cervical disc removed and fusion. On 1/14 since the surgery my voice gets a little worse and I choke when I drink anything. I went to ER on 1/22 and ENT did scope and diagnosed vocal chord paralysis and larynx on the right side. Doctor men...

    Richard’s Answer

    I'm sorry that this happened to you. Medical malpractice claims are incredibly complex, and a lawyer would need more information than you can give on a site like this to determine whether or not you have the grounds for a medical malpractice case. Your next steps should be to reach out to a Philadelphia lawyer with experience handling medical malpractice cases and talk about your situation in detail during a free consultation (most of us offer them). A lawyer will need to know the severity of your injuries, including whether any of the damage you suffered is permanent. If it sounds like you have a case, the attorney will want to review your medical records and have a medical expert (a doctor) take a look at them for evidence that the doctor deviated from the acceptable standard of care. Good luck with your recovery and any claim you pursue. I hope you're getting appropriate medical treatment to cope with this new condition now.

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  • Am I able to sue?

    I'm 63years old I moved into an upstairs apartment, I fell when the top step broke. I've seen and been to therapy now I am in need of an orthopedic doctor landlord never put up needed hand rail.

    Richard’s Answer

    I'm very sorry that this happened to you. It would be in your best interests to reach out to a New Jersey lawyer with experience handling slip and fall claims, especially those that have taken place in apartment buildings like yours, and discuss the situation privately during a free consultation (most of us offer them). A lawyer can investigate the accident, gather any proof of your landlord's negligence (like pictures of the condition of the stairs) and begin building your case. Keep in mind that the sooner you get a lawyer involved, the better, so that he or she can collect evidence before the environment changes. The Find a Lawyer tool here on Avvo is an excellent place to start your search for the right lawyer, or you could reach out to an attorney who took the time to answer your question. I wish you the best of luck with your recovery and the claim!

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  • Is the cost of injury calculated based upon billed amounts or insurance adjusted amounts? Approx multiplier in this case.

    My daughter was injured during gymnastics class suffering a broken arm which required a reduction in the operating room. She was injured due to inappropriate safety precautions by the gymnastics facility. She required a splint for 9 days followe...

    Richard’s Answer

    First, I'm sorry to hear that your daughter got hurt, and I'm glad that she is doing better now. Other responses have already informed you that the multiplier system of calculating pain and suffering isn't used today. This sounds like a case that could be complex, especially when it comes to proving liability on the part of the gymnastics facility, and it would be in your daughter's best interests for you to at least discuss it with an experienced New Jersey personal injury lawyer. You might be surprised how much more money attorneys get on average compared to what unrepresented claimants get for themselves (I'm including a link to this information so you can see for yourself). It's also possible that your daughter might not have a case, depending on whether there's sufficient proof that the gymnastics facility was negligent, and an attorney can help you determine if that's the case so you won't waste time and energy pursuing a claim that isn't viable. There are plenty of attorneys here on Avvo who would be happy to discuss your daughter's situation with you during a free consultation, and the sooner you get started reaching out, the better. Best of luck to you and your daughter with this!

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  • How long do you have to file a personal injury case and are bus services liable or at your own risk?

    I was using a local handicapped elderly bus service. The driving and conditions of the ride injured me much more severely as I was already disabled. I filed a report at the time but it caused much pain and impairment of my daily life. I have no mo...

    Richard’s Answer

    First, I'm very sorry that you had to go through all of this. The general statute of limitations for accident cases is two years, but in some cases, the deadlines could be even shorter. As other responses have stated, you do not ride at your own risk and bus services can be liable when their operators act negligently. My suggestion to you at this time would be to reach out to a New Jersey personal injury lawyer with experience handling claims against bus services and privately discuss the matter in more detail during a free consultation (most of us offer them). Once an attorney is familiar with the facts of your situation, he or she can help you understand your rights and options and what to do next. The sooner you do this, the better. Good luck! I hope you're getting the care you need now to make the best possible recovery.

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  • A self fell on my daughter and cut her hand in Walmart is that my child's fault

    She was walking by and touched the clothes hanging from the rack and it might have been seen on camera

    Richard’s Answer

    First, I'm very sorry to hear about your daughter's injury, and I hope she is doing okay now. If her injuries were more serious than just a minor cut and you have reason to believe that Walmart may have been negligent in securing the rack or shelf, it would be in your daughter's best interests to reach out to a New Jersey personal injury attorney. Most of us offer free consultations, so you could privately discuss the situation and get answers to any questions you have, including whether there's a claim to pursue here. You should know that Walmart is a notoriously difficult defendant, so trying to do this on your own is unlikely to work. There are plenty of experienced New Jersey lawyers here on Avvo, and the sooner you start reaching out to one, the better. I wish you and your daughter the best of luck with this whole situation!

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