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Stephen Boyd

Stephen Boyd’s Answers

60 total

  • Can I sue a doctor for doing brain surgery on me and not doing surgery in the correct area of my pituitary gland?

    A surgeon performed a procedure to remove a pituitary tumor by entering through the nose. After several months my symptoms were not relieved and I was sent for an MRI. The MRI showed that the tumor was still present and the doctor had removed a pi...

    Stephen’s Answer

    You should contact a local medical malpractice attorney to discuss exactly what happened and what harm it has caused.

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  • Can I sue a driver for my vacation that was cancelled due to my injuries suffered from their negligence?

    I was driving 80km/hr with the right of way on a highway. Someone didn't stop (or didn't look both ways) at a stopsign and they went through the intersection and I had no time to stop and hit them. My car was totalled and I was sent to the hospi...

    Stephen’s Answer

    I agree that you need counsel. Many Buffalo firms have relationships with Canadian attorneys. I would contact someone in Erie County to see if they can refer you to a Canadian attorney who handles car accident cases.

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  • Personal Injury: Is it the defense attorney job to ask the plaintiff the right questions at deposition?

    If the defense attorney missed very important questions during his/her deposition with the plaintiff, who fault would that be? Example: The defense attorney ask the plaintiff: Do you know the time? Plaintiff answer yes. Now the defense attorney is...

    Stephen’s Answer

    it is the opposing attorney's job to ask questions of the other party at deposition. It sounds like you are suggesting that the defense attorney in this case "mailed it in". However, it is difficult to assess that in this type of forum. For example, if this was a rear end collision, it doesn't really matter whether the plaintiff were headed to Walmart for diapers or fried chicken.

    Moat lawyers advise their clients to limit their answers to the questions. Therefore, the plaintiff in your case is not wrong to answer that way. The real question is whether the defense attorney gathered what he/she needed in the deposition. As a rule it is always better to gather more than you need. It is also easy to read transcript and criticize an attorney for missing a question.

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  • I was discharge for having a low production rate due to a work related injury which the doctor inform me it was a back spasm.

    I am a machine operator that insert linen through the machine onto the assemblyline to the stackers who then transfer the linen to the shipping department.

    Stephen’s Answer

    If you were discharged due to a work related injury, you should seek the advice of a local worker's compensation attorney.

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  • What is the standard for dividing a settlement check for a car accident?

    Is there a standard when deducting the lawyer fee of 33.3% and expenses? My lawyer took 33.3% of the total check then took out the expenses. But i spoke to another lawyer who said expenses must be taken off the top... what is the standard?

    Stephen’s Answer

    The NY Rules for Professional Conduct govern the issue. Specifically, it can be done with expenses off the top, or after the third. The key is that your attorney is supposed to tell you how the fee is calculated in the beginning of the case:

    Rule 1.5: Promptly after a lawyer has been employed in a contingent fee matter, the
    lawyer shall provide the client with a writing stating the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted
    from the recovery; and whether such expenses are to be deducted before or, if not
    prohibited by statute or court rule, after the contingent fee is calculated. The writing must clearly notify the client of any expenses for which the client will be liable regardless of whether the client is the prevailing party. Upon conclusion of a contingent
    fee matter, the lawyer shall provide the client with a writing stating the outcome of the
    matter and, if there is a recovery, showing the remittance to the client and the method of its determination"

    My particular practice is to deduct the expenses off of the total settlement/verdict and then calculate the legal fee. This not only puts more money in the ciient's pocket, but it also prevents cases where the experts get paid, the lawyer gets paid, and the client walks away empty handed. That type of outcome is simply unfair and most trial attorneys will work to prevent that from happening.

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  • Who is responsible if I get into a car accident?

    I am 21 years old and I live in Huntington, New York. I live with my parents. I financed a new car in my name and the insurance is in my name. Who is responsible if I get into a car accident?

    Stephen’s Answer

    New York Vehicle and Traffic Law 388 makes the operator and owner the vehicle responsible for any car accident that they cause. If you are the registered owner your parents are not responsible unless one of them is operating the car at the time of a crash.

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  • Hit from behind caused previous injury to become worse

    I was hit from behind, Car totaled.No doubt her fault. I had neck pain from radiation for cancer. However, this caused the pain to increase and now I have to start PT again, take muscle relaxer etc. This accident dr says will take me 4x to recove...

    Stephen’s Answer

    In additon to agreeing with the answers above, you should alse be sure to file a no fault application within 30 days of the accident. No fault provides medical coverage and lost wage reimbursement for injuries sustained in a car accident.

    It is likely that your health insurance will deny treatment due to a car accident injury. Those medical bills should be paid by the no fault portion of your car insurance. Do not miss the no fault deadline.

    In your case, I would echo the words of the other attorneys on this page, you need to speak to a qualified attorney in your area.

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  • How many times can a personal injury case be appealed??

    my personal injury case lost in the court of appeals. Can it be appealed again and again????

    Stephen’s Answer

    If you are talking about the New York Court of Appeals, you should ask your attorney if there is any possibility of a motion to reargue. However, it is pretty unlikley that such a motion would be grants unless there was some unusual reason for the Cout to want to reconsider its' own decision.

    The Court of Appeals is the highest Court in New York. The only court left is the US Supreme Court. It is pretty rare that the Supreme Court agrees to take any case, but theoretically, it is the only venue left.

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  • Can su the dr. if he made mistake?

    Recently I had a breast surgery. I discussed with the doctor size and range, but he made it intentionally smaller than we discussed, because he thought that they suit me better. After 1st post-operation appointment he said that implants are much b...

    Stephen’s Answer

    The answer lies within the standards for medical care in your community. If the doctor violated the local standards then he could be held liable. If the doctor can argue that there was some reason that he made the decision he made, he might be able to lauch a defense to your claim.

    Your best bet is to seek the advice of a qualified medical malpractice attorney. Most will review your case for free.

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  • Can summary judgement without ice being admissable in an accident in which the defendent was not speeding or under the influence

    My daughter was in a wreck in which she was not speeding or under the influence. She came upon some ice and it caused her to slid across the center line. The plaintiff was speeding and not wearing a seat belt. My 16 year old daughter hit the other...

    Stephen’s Answer

    • Selected as best answer

    You'll need to consult counsel in your state about the appeal issue. In many states the rule is that you must keep your vehicle under control and must drive at speeds that are proper for the prevailing conditions.

    It sounds like your judge has decided liability and the jury will only hear about the damages. Once liability has been decided, it is not up to a jury to re-decide such issues. As a result the ice ascpect of the case has nothing to do with the level of injuries or resultant treatment and damages. Those are separate issues from the control of the vehicle.

    You might consider seeking personal counsel to pressure your insurance company to settle the claim. Your insurance company has a duty to protect your rights.

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