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Matthew A Taub

Matthew Taub’s Answers

3 total

  • If a person makes a report to the police that doesn't result in actual charges can you hold them liable for defamation?

    I have been involved in a situation where a person who has a vendetta against me filed a police report claiming I used a bat to destroy his property. He made this claim months after the incident was reported to happen. This has not resulted in a...

    Matthew’s Answer

    There may be a cause of action against the individual who rendered a false report for libel and/or a claim arising from intentional infliction of emotional distress, but: (a) there is usually a very short time limit to bring such a lawsuit; (b) you would need actual evidence to prove the filing of the police report was completely baseless; (c) the individual who filed the report likely has few assets and would therefore be "judgment-proof" from any monetary judgment you might obtain; and (d) the Police Department, as long as they acted in good faith, would almost certainly not be a party to your case and/or would be dismissed from any lawsuit. Still, you should consult with a local attorney immediately to protect all of your rights and interests, especially since certain time limits might prevent you from making a claim, should you delay.

    Matthew A. Taub, Esq.
    THE TAUB LAW FIRM, P.C.
    www.TaubLawFirm.com
    (855) TAUB-LAW (828-2529)

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  • Can you sue someone that had kidnap you in 2006 for pain and suffering

    can you sue someone that had kidnap you for pain and suffering. that did time for this.

    Matthew’s Answer

    Most states allow claims for "intentional torts," such as assault and battery, and/or intentional infliction of emotional distress. Generally, a lawsuit for such a cause of action must be filed within a certain time frame from the accrual of the cause of action. In New York State, there is a one (1) year time limit for intentional torts. In Pennsylvania the time limit appears to be two (2) years. You should consult with a local attorney immediately to protect your interests.

    Matthew A. Taub, Esq.
    THE TAUB LAW FIRM, P.C.
    www.TaubLawFirm.com
    (855) TAUB-LAW (828-2529)

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  • What is cap on med malpractice that results in death in Florida?

    My husband died because his doctor failed to diagnose a life threatening infection despite 3 doctor visits

    Matthew’s Answer

    • Selected as best answer

    In 2003, Florida passed a law placing caps in medical malpractice cases on "non-economic damages" (pain and suffering, mental anguish, disfigurement, physical impairment, inconvenience, loss of companionship, loss of enjoyment of life and loss of consortium). The current caps on non-economic damages are $500,000 against practitioners and $750,000 against non-practitioners. The cap is increased to $1 million (for practitioners) and $1.5 million (for non-practitioners) in cases of death or if the patient is left in a permanent vegetative state as a result of malpractice. See Florida Statute §766.118 and also be sure to consult with a local attorney.

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