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William Thomas Mccaffery

William Mccaffery’s Answers

14 total


  • Can my lawyer sue my insurance for underinsured motorist? On top of the 25000k from the defendants insurance?

    I was rear ended by a drunk driver he's at fault was ticketed and arrested. I had a shoulder anthroscopy surgery and knee open surgery. No fault has paid about 2000k in medical bills so far I also suffer from neck and back pain. Iam not sure if my...

    William’s Answer

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    You must have Supplemental Underinsured Mortorist (SUM) coverage on your policy in order to pursue a claim for it. If you do have such coverage, then you can only pursue a claim for it if you have recovered the full limits of the liable party's insurance policy (i.e., if the other car has limits of $250,000, you must be paid that full $250,000 before you can pursue an SUM claim against your own insurance carrier for SUM benefits). Not knowing the full details of the case, it's impossible to say whether your case is worth more than $250,000, but your case may be worth less than the other car's insurance policy, in which case SUM coverage won't be an issue. To the extent you're not satisfied with your lawyer's communication level, tell him/her that you'd like to hear from him/her more and that you'd like more regular updates on the status of your case. I'm sure he/she will be willing to speak with you more. Or, rather than waiting to hear from him/her, just call the office every month or two to get an update. Cases take time to resolve, but don't worry about being a nag or anything; you're the client; you're the one that's ultimately going to be paying the lawyer; you're the boss; just give him/her a call whenever you want an update; he'she is working for you. Good luck.

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  • A neighbor gets hurt on our property. Do I need a defense lawyer for potential lawsuit against us?

    Neighbor has permission to shovel snow during our absence. Falls and sustains back and other injuries.

    William’s Answer

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    Report the potential claim to your insurance company. Your insurance policy may have a requirement that you notify them of a potential claim ASAP - even if no actual claim or lawsuit has yet been brought against you. The insurance company will handle it for you and if you are sued, then the insurance company will provide a lawyer to defend you. If there is a valid claim and the neighbor is entitled to a recovery, your insurance should cover it.

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  • Do I need an attorney to file a claim in civil court?

    If I want to file a claim to sue in civil court, do I need an attorney?

    William’s Answer

    Not unless you are suing as a corporation. Otherwise, you are free to represent yourself. The term used when a party represents himself/herself is "pro se" so you may hear this term as you proceed. Sometimes it sounds like a good idea to represent yourself, but often times you are better served to have an attorney represent you. If you haven't already spoken with an attorney, you should speak to a few before you "go it alone." You might be surprised and find the representation costs to be reasonable and worthwhile. Good luck!

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  • Western New York: resolving difficulties in a stipulation agreement

    I have looked at the different category headings in AVVO. But difficult to find an attorney and firm to meet my needs. I have a stipulation agreement which is a contract. If the other party doesn't follow the agreement there may be some litigat...

    William’s Answer

    It seems to fit both categories. Post the question in both categories. The more answers you get, the better! Good luck.

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  • My moms attorney in a medical malpractice case has requested jury at plaintiffs request. What happens next, if no settlement?

    Case filed 2011

    William’s Answer

    If the case cannot settle, it will go to trial to be decided by a jury, but there is a often a long delay between when a jury is requested (when the case goes on the court's trial calendar) and the actual trial date. This leaves plenty of time for continued settlement discussions. So the case may yet settle; just because the Note of Issue has been filed and a jury requested does not mean that the case will not be settled. Good luck!

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  • If Defendant doesn't comply with 1st discovery request should I motion to compel (after good faith effort) or demand more first?

    In a State civil case I have more to request in discovery but defendant (attorney) didn't comply in any way or even call, no communication at all regarding my first request. After I make a good faith effort with them would it be best to motion to ...

    William’s Answer

    If your case is in New York, it is generally a better idea to file a request for a preliminary conference rather than filing a motion. The court will generally convert the motion into a preliminary coference request anyway, so by simply filing the request, you save unnecessary time otherwise spent drafting the motion. Good luck.

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  • Small business civil litigation - Being sued and bullied by a car insurance company

    I'm the owner of a small repair shop. A client of mine had his car fixed by me and 2 months later got into a car accident. His insurance company is now suing me because I "failed to properly repair the brakes" on the clients vehicle. The problem i...

    William’s Answer

    Report the claim to your insurance company. You could lose coverage if you don't timely report a claim that's been asserted against you. Your insurance company will appoint an attorney to defend you; let the attorney handle it.

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  • Can lawyer refuse to sign a substituion form after submitting a motion to withdraw?

    My lawyer submitted a motion to withdraw alleging the reasons are; my failure to disclose "certain specific key events" and the breakdown of the relationship. None of which are true, and no fees are claimed in the motion, and he stated "no fees a...

    William’s Answer

    Your question presents many issues. I'll address one. Presumably his motion will be granted on Monday. Your new attorney can then appear on your behalf without the need for the prior attorney to sign the consent to change attorney form. Speak with your new attorney about it. Good luck.

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  • Insurance says I'm 65% responsible for accident but police report says otherwise .. who is at fault?

    I was crossing an intersection and there was a stop sign on my side and the way was clear then as i was approaching to cross the intersection a speeding school bus came out of the nowhere and hit the front right of my car causing me to loose contr...

    William’s Answer

    There is no correct answer. Only a jury can make a final determination of the parties percentages of liability. It sounds like the insurance company is adhering to a common formula of 2/3 - 1/3 liability in the case of an intersection accident, where the intersection is controlled by a stop sign ( i.e., you had the stop sign, so you're 2/3 at fault). This is a common approach, but it's not necessarily accurate, as you know. For example, if the other vehicle was speeding, then its percentage of liability should (arguably) be higher. Witness statements from the witnesses to the accident could persuade the insurance company to alter their evaluation. Also, perhaps the damage and points of impact. Heavy damage to your car could show that the other vehicle was speeding. If the damage is to the rear if your car, it could show that you were through the intersection when he hit you. Speak to a lawyer who can review all of the facts with you. Good luck.

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  • My lawyer seems to act so nonchalant when I call him to ask him stuff about my case. Do lawyers usually act like this?

    When I call my lawyer to ask him a question about my case, it is like he blows me off and hangs up with me after some real fast talk. He never gives me a straight answer. It is like my case is a big secret. Why won't this lawyer give me a straigh...

    William’s Answer

    There could be any number of reasons for his demeanor, but what's most important is that you are comfortable with your lawyer (which right now, you are not). My suggestion would be to speak with your lawyer about your concerns. If that doesn't resolve the issue, speak with other lawyers until you find one with whom you feel comfortable.

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