Brendan Barrett Lupetin’s Answers

Brendan Barrett Lupetin

Pittsburgh Medical Malpractice Attorney.

Contributor Level 7
  1. How do I get the full amount of damage reimbursed from an accident if it is through the other person's insurance?

    Answered about 4 years ago.

    1. Brendan Barrett Lupetin
    2. Pamela A Wilson
    2 lawyer answers

    Most auto insurance policies provide for the insurer to reimburse the insured based upon quotes that include refurbished parts. My recommendation would be to review the language of the insurance policy and see what your friend's right are with respect to reimbursement for property damage. Additionally, your friend could also start a letter campaign to the carrier requesting full reimbursement. For the amount of money in question, the carrier may capitulate and pay the difference. It is at...

    1 person marked this answer as helpful

  2. Nursing Home Neglect

    Answered about 4 years ago.

    1. Eric John Purchase
    2. Brendan Barrett Lupetin
    2 lawyer answers

    The statute of limitations in Pennsylvania for personal injury lawsuits is two (2) years from the date of incident. Keep in mind that there exists an equitable "discovery rule" in PA that may be applicable. This means that the two year statute of lmitations would not begin to run until you or the injured person discovers the causally related injuries. For a neglect case however, you would most likely be aware of any related injuries immediately. Also, you could possible have a breach of...

    1 person marked this answer as helpful

  3. Dog bite postman

    Answered about 4 years ago.

    1. Angel Mae T Webby Esq.
    2. Brendan Barrett Lupetin
    3. Robert L. Cullen
    4. Laura Mcfarland-Taylor
    4 lawyer answers

    Attorney Webby is correct. This may be either a workers comp case, a civil personal injury case or both. For workers comp, make sure that your wife notifies her employer of the injury within 120 days of the bite. It would be a good idea to explore filing a comp claim. The drawback is that workers comp does not provide payment for your wife pain and suffering. Thus, you may also want to contact an attorney in consideration of filing a civil claim against the owner of the dog. My blog...

  4. Do I have any grounds for a case

    Answered about 4 years ago.

    1. Eric John Purchase
    2. Brendan Barrett Lupetin
    3. Michael Douglas Shafer
    3 lawyer answers

    Attorneys Purchase and Shafer are correct that you would need to definitively establish the identity of the blogger at some point. This should not be too difficult. You could do your own investigating and probably figure out fairly easily the person's identity or, at the very least, the IP address of the computer from the which the posts are being generated. Alternatively, you may be able to sue the site and the owner as John/Jane Doe and then subpoena the identity of the site operator...

  5. Auto accident question?

    Answered about 4 years ago.

    1. Brendan Barrett Lupetin
    2. Theodore W. Robinson
    2 lawyer answers

    Attorney Robinson is correct when he states "If you still need medical treatment, then you can use your own medical insurance for it. The other party pays for the medical costs, not your lawyer." Typically, once your first party medical benefits are exhausted they are then picked up by your private health insurance. If you do not have private health insurance that any out-of-pocket money you pay or medical liens that you incur are recoverable as damages from the Defendant's insurance....

  6. What is the best attorney for this situation?

    Answered about 4 years ago.

    1. Steven J. Fromm
    2. Brendan Barrett Lupetin
    2 lawyer answers

    You may have or develop a claim for breach of contract. Keep in mind that the statute of limitations for filing a claim for breach of contract is 4 years from the date of the alleged breach. The other attorney that responded to your inquiry was correct in that you really need to be careful in this situation. I have handled a couple of cases very similar to your situation. One warning would be to limit the amount of improvements you make to the premises prior to your obtaining title...

  7. Is the school negligent and can they be held accountable?

    Answered about 4 years ago.

    1. Brendan Barrett Lupetin
    2. Amanda Joy Sundquist
    3. Michael Douglas Shafer
    3 lawyer answers

    Attorney Shaffer is correct- you need to speak to a lawyer immediately. The school is likely considered a municipal or government entity. There is state law that provides broad protections to such entities. Additionally, a 6 month statute of limitations may be in effect for notifying the school of your claim.

  8. How can I repair my work history?

    Answered about 4 years ago.

    1. Brendan Barrett Lupetin
    1 lawyer answer

    I don't see any reason why you would not be entitled to review your personnel file from your former employer. Especially if you believe it may contain damaging information that is being forwarded to prospective employers. Alternatively, have you considered filing for Social Security Disability in light of your Bi-Polar condition? Also, during your employ with your former employer, did you ever file for short or long-term disability?

  9. Is this malpractice

    Answered about 4 years ago.

    1. Eric John Purchase
    2. Brendan Barrett Lupetin
    3. Timothy F. Rayne
    4. Clifford Douglas Gabel
    4 lawyer answers

    The two other attorneys responding to your question. I would recommend that you seek a second opinion from another medical provider. I would also recommend that you discuss this matter with an attorney. The key step is having your records reviewed by a medical expert. If you can obtain an opinion that your doctor deviated from the standard of care and as a result you suffered injuries then you have a case. There is certainly some value to having undergone an unnecessary surgery.

  10. In May of 2009 I was injured while working. This was a groin inury. I was sent for x-ray, ct pt to no avail

    Answered about 4 years ago.

    1. Charles Thomas Jr.
    2. Brendan Barrett Lupetin
    2 lawyer answers

    I am doubtful that you have much ground to bring a negligence claim against the doctors/hospital that refused to scan you. First, you would need evidence that the labrum tear, had it been diagnosed earlier, could have been repaired. On the flip side, you would need expert testimony to say that 'but for' the doctor's/hospital's failure to scan you, you missed your opportunity for having the tear repaired. If the hospital has a policy that they do not put patients in a diagnostic imaging...