Eric John Purchase’s Answers

Eric John Purchase

Erie Car / Auto Accident Lawyer.

Contributor Level 12
  1. Is this serious injury under limited tort in PA?

    Answered almost 5 years ago.

    1. Eric John Purchase
    2. Dale G. Larrimore
    3. Timothy F. Rayne
    3 lawyer answers

    Short answer is you probably have or will meet the limited tort threshold, but I can't guarantee it. There are a bunch of issues presented by your question. The first is whether or not you validly elected limited tort. Every PA policy must include the offer of limited tort as an option but if you don't voluntarily elect limited tort then the policy defaults to full tort. Because you don't recall making the election, it could be that a mistake was made by your carrier. You should ask your...

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  2. Can I be sued for writing review that told an account of our experience of treatment received at a spa? Can I sue?

    Answered over 4 years ago.

    1. Eric John Purchase
    2. David Alexander Browde
    2 lawyer answers

    You can be sued (and you can sue) for almost any reason, good or bad. Whether that lawsuit will be successful or not is another matter. From what you've described, it's unlikely that the spa would be successful in suing you. So long as the info you published was true then they are not entitled to a remedy against you. Your sister could sue the spa, if she wished, for her injuries. Perhaps also for a breach of contract or warranty. I don't know why you'd sue the spa because you have...

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  3. Do I have a malpractice case?

    Answered almost 5 years ago.

    1. Eric John Purchase
    2. Jeffrey David Janoff
    2 lawyer answers

    I'm sorry, Titusville. This sounds nightmarish. I hope your daughter has come through it and enjoys a happy and healthy childhood. It sounds to me that you may well have a case. Even if the doctor's prescriptive behavior was otherwise acceptable (I'll leave that determination to a board certified ob gyn), it is not acceptable to actively mislead a pregnant mother as to the effect of medication on her unborn child. Unfortunately, the economic reality of medical malpractice litigation is...

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  4. Party responsible for accident will not return calls, and we have no insurance info., should we report accident to the police?

    Answered almost 5 years ago.

    1. Eric John Purchase
    2. Angel Mae T Webby Esq.
    3. Lars A. Lundeen
    4 lawyer answers

    This isn't that unusual. People often think it will be better to leave out the police and the insurance companies when they're at the accident scene. But when it comes time to write the check they suddenly lose their enthusiasm for resolving the matter. It's not too late to call the police. Whether they'll be able to help or not is something that only they can determine but it is definitely worth making the report. Dependent on the amount at issue ($8,000 or less), you may also want to...

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  5. Should I sue for this personal injury-product defect?

    Answered almost 5 years ago.

    1. Eric John Purchase
    2. Timothy F. Rayne
    3. Shaun Amarnani
    4. Clark William Watkin Jr
    4 lawyer answers

    On the face of it, your question certainly suggests that the product is defective. After all, laptops are not supposed to hurt people or leave scars. If this laptop caused such an injury then it seems like it must be defective. But I'm concerned by the way your question is formed and what is missing from the discussion. You indicate that "My laptop is the only source from which the scar could have formed?" This suggests to me that you've used a deductive process to conclude that the...

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  6. If my employer doesn't have my identification on record, can they legally hold my last pay check

    Answered about 3 years ago.

    1. Eric John Purchase
    1 lawyer answer

    You are entitled to be paid for your wages but if your employer refuses to pay you then you will need to sue your employer to force the issue. The good news is that you should have little trouble finding a lawyer because the Pa. Wage Collection Act authorizes the recovery of attorney fees, an extraordinary remedy that will make it much easier to find and pay for a lawyer. Contact a local personal injury, employment lawyer or general practitioner.

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  7. Can i sue walmart

    Answered almost 5 years ago.

    1. Eric John Purchase
    2. Charles Thomas Jr.
    2 lawyer answers

    You can sue but Mr. Thomas is correct. Your damages are going to be limited to the cost of repair, towing and the like. So, it seems likely that you should be able to work this out with Walmart without suing. However, if it comes to that you may consider suing in the magistrate court for the district where the Walmart is located. At this level you can handle the claim yourself with a lawyer. It's conceivable to me that a lawyer might be able to fashion a claim under PA's Unfair Trade...

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  8. Black Ice in Apartment Complex Causes Accident. Who is responsible?

    Answered almost 5 years ago.

    1. Eric John Purchase
    2. Andrew Daniel Myers
    2 lawyer answers

    Mr. Myers really did a nice job of summarizing the issues and I agree with him completely. You've done a nice job identifying the one argument you can make that deflects blame from you and it is possible, although extremely unlikely, that your argument might one day be successful if you were to take the case all the way through trial. However, your case is never going to get to trial. Most Pennsylvania auto policies give the insurance company the right to settle claims made against you...

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  9. Can I file a lawsuit against someone in Pennylvania if she lives in Delaware but works in a different county in PA?

    Answered almost 5 years ago.

    1. Eric John Purchase
    1 lawyer answer

    You should be able to sue her in the magistrate court where you live. The proper magistrate court is the one where the defendant resides or the one in whose jurisdiction the transaction at issue occurred. In this case, you can take the position that the agreement was formed at your home because she called you there and it was in that call that the contract was formed, i.e., the contract was formed at your home.

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  10. I fell at local grocery store insurance compay wants my medical records and the bills

    Answered almost 5 years ago.

    1. Eric John Purchase
    2. Alan James Brinkmeier
    3. Angel Mae T Webby Esq.
    3 lawyer answers

    The other answer is an excellent summary of good conduct rules you should follow when you have a personal injury case. However, let me respond directly to your questions. First, the fact that the insurance company wants info from you does not mean they are going to pay you and it certainly doesn't mean they're going to pay you a fair amount. On the contrary, I suspect that the insurance adjustor has no intention of offering you anything close to a fair amount for your claim. Second, "...

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