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Eric John Purchase

Eric Purchase’s Answers

121 total

  • My brother was at the wrong place at the wrong Time. He was on the porch with neighbors and one of them had a gun

    My brother was charged with drugs that was found in the house and guns that were found in the house he was in jail for 3months so far and he wants to bail out his next hearing is in Dec but he wants a bail reduction what should he do bail=1500

    Eric’s Answer

    I am sorry for your trouble and I wish I had more specific advice for you but the best advice I can give you is to hire a lawyer from your area who practices criminal defense.

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  • How strong is the legal advice here?

    It seems that generally 1 lawyer answers your question, and while a lawyer is nearly for sure the best person to answer a legal question, do you only get like a 65% correct answer because typically multiple lawyers don't answer the same question? ...

    Eric’s Answer

    The advice you get here is generally sound but it is general only. It is almost always better to have a person to person consult with a lawyer and to obtain advice within the context of the attorney client relationship.

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

    I recently left a job after a week and after numerous attempts to show my 2 forms of identification, they did not put it on record. Now payday has arrived and I have not received payment.

    Eric’s 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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  • How do I get my driver licence back. Suspended for medical reason but, my dr. gave me the ok to take the exam. I took and

    ...failed so many times, they will not let me try again! I'm scared! I need to drive ASAP.

    Eric’s Answer

    I suspect the problem is that you need to renew or reapply for your permit. Pennsylvania doesn't allow more than three failed tests on a permit but the permit can be renewed if an application is submitted within a year of the phsyical. Otherwise, you can apply for a new permit.

    You should consider, however, why you are failing. It might be that you could use some professional driving instruction.

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  • Can I sue my oral surgeon?

    I had 3 wisdom teeth removed about 2 months ago and was in extreme pain for a month in a half but only from the top right extraction sight so I call the office told them I was still in a lot of pain they told me to come in looked at it very quickl...

    Eric’s Answer

    Ordinarily, my answer to a question like yours is, "Sure you can sue. Whether you'll win and whether it will be worth it (or not) is another matter." However, Pennsylvania has special rules that apply to professional malpractice claims that may require you to have a written statement from an appropriate independent expert before you can successfully proceed with a lawsuit.

    Moreover, litigation generally and malpractice litigation specifically are procedurally complex processes that I would not recommend you handle without a lawyer. So, my best advice is that you consult with a local injury or malpractice lawyer, preferably more than one. Almost all of us offer free consults so take advantage of that.

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  • What can I do to protect myself if I suspect that the other party is making bogus injury claims for financial gain?

    Last year my mom got into a minor accident and was found to be at fault.There was no visible damage to other party's vehicle besides the front license plate that had fallen off. The property damage to the other driver's vehicle came out to be $1,...

    Eric’s Answer

    • Selected as best answer

    The most important thing you can do is to promptly notify the insurance companies who might be obligated to protect your mom. It sounds as though you may have done that already but your question also suggests to me that there may be other policies or insurance companies involved. For example, did your mom have her own policy; did she reside with anyone else who had their own policy; was she operating someone else's car and was that car insured? Any company who might owe coverage should be notified.

    Once notified, the insurance company should undertake their own independent investigation and act on your behalf. If you have doubts about whether the insurance company is doing all that it should then I would recommend that you seek a consult with a local lawyer who handles personal injury, insurance defense or general practice. That lawyer can act to both provoke action by your insurance company and help you position yourself vis-a-vis the insurance company to ensure that you are most protected. The lawyer may also be able to help you defend the claim but that is usually handled in the most cost-effective manner by the insurance company.

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  • As a self-represented plaintiff, can i depose my defendant? If yes, can it be at my house?

    I would like to depose several witnesses in three different cases. Can i do it?> and can it be done at my house?

    Eric’s Answer

    The first answer was direct and responsive to your specific questions and so I won't revisit those issues but I will suggest that you ought to reconsider the decision to handle a deposition yourself. The effective handling of witness examination is a skill that often takes lawyers years to develop. In fact, I've seen plenty of lawyers with years of experience who still haven't figured it out. Trying to do it on your own without any meaningful experience is unlikely to yield a deposition transcript that will be helpful to your cause.

    That said, if you want to do it on your own or have no meaningful option then I'd recommend you go to your local courthouse where you'll likely find a law library. Look for resources on taking depositions. One good reference source is Daniel Dain's "How to Prepare for, Take and Use a Deposition."

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  • Is this a "serious injury" under limited tort in PA?

    I was stopped in line at a stop sign when i was rear ended. I suffered a fractured nose, and lost a week's worth of work. The other driver has accepted full liability. I only have limited tort coverage, and have already had corrective surgery t...

    Eric’s Answer

    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. If the carrier cannot produce a validly executed limited tort election form then you may not be subject to the limited tort limitations. You should ask your carrier for a copy of your signed election form.

    The next group of issues presented relates to whether or not any of the general exceptions to limited tort apply. For example, was the other driver a PA driver? From your description, it sounds like the other driver was not charged with DUI but if he was a conviction or ARD would take you outside the scope of limited tort. Are there any other auto insurance policies in your household or on which you would qualify as an insured? There are a number of other exceptions that bear examining.

    Finally, if we are satisfied that the limited tort option applies, we come to the question of serious injury. There are two ways of getting past the serious injury threshold that seem likely to apply here. The first is serious and permanent disfigurement. The change in the appearance of your nose might implicate this requirement. The second is serious impairment of a bodily function. Determining whether or not an injury constitutes a serious impairment of a bodily function requires consideration of a multitude of factors, including: the length of time there is an impairment, the degree of impairment, the importance of the bodily function impaired, and the impact of the impairment on the life of the injured person, among other issues.

    It seems very likely to me that the injuries you describe are sufficient to get past summary judgment. Thus, a jury may one day be given the definition of serious injury and asked to make the determination after a trial. So, it's impossible to guarantee a particular outcome. However, I think you've got a strong likelihood of settling the case short of trial or prevailing at trial, if it comes to that.

    You should consider contacting an experienced PA lawyer who handles personal injury cases to discuss it further. I'd be happy to discuss it with you if you'd like. 814-833-7100.

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  • Do I need a personal injury attorney to help get medical compensation?

    We were on vacation staying in a 3rd floor condo with outside stairs. My wife was climbing the stairs when the hand rail at the 2nd floor landing came apart, causing her to fall down a flight of stairs. She has bruises, scrapes, swollen foot/ankle...

    Eric’s Answer

    A Pennsylvania property owner who rents property to others has a duty to look for safety problems and either fix them or adequately warn renters about the problem. This doesn't mean that a property owner is automatically responsible for harm that occurs on the property but it does mean that if an unsafe condition was known to the property owner or should have been discoverable upon a reasonable inspection then the property owner is liable for whatever harm is caused by the condition.

    It is your burden, as an injured person, to prove that there was an unsafe condition and that the property owner knew or should have known about it. You've done excellent work in getting photos and notifying the leasing agent. To take the investigation further, you will probably need the help of a lawyer who employs competent investigators.

    Of course, if bruising is the extent ot the injury and all you're interested in is getting the E.R. visit paid then it may be possible to handle the matter without a lawyer. Most commercial property owners have insurance and that insurance usually has a special coverage familiarly known as med pay coverage. It is not unusual for insurers to pay medical bills from this coverage without requiring proof of liability. I do not recommend that you try to resolve the matter without an attorney. There's just too much that we don't yet know about your case (e.g., the extent of the injury, the position of the landowne; the extent of the insurance, etc.) and too many risks involved in waiting (e.g., loss or destruction of evidence) but acting without an attorney is, nevertheless, an option.

    I'd be pleased to discuss the matter with you further, if you'd like. My direct dial number is 814-833-7100 or I can be reached through my website,

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  • What will happen if i do not show up to a subpoena court date?

    i scheduled a 600 dollar trip to aruba previous to finding out i had this court date. this court date is purgery charge against my mother in a custody battle with her my brothers dad. we have different dads. this really has nothing to do with me, ...

    Eric’s Answer

    Mr. Kennedy's advice is good. It is not wise to ignore a subpoena. Fortunately, these things can sometimes be resolved by communicating with the party who subpoenaed you. If that doesn't work, then consulting with an attorney to obtain a protective order is an option but one that will cost you a reasonable fee for the lawyer's time.

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