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John B Mesirow

John Mesirow’s Answers

7 total

  • What is my legal recourse when the pharmacy dispensed the wrong RX and I took it for over a month?

    My Dr. electronically sent my RX to the pharmacy. To my knowledge it was filled correctly the first month. When I called in the refill I picked up my RX and took it home. It is a med that I have to take EARLY in the morning, a couple hours before ...

    John’s Answer

    You have a claim against the pharmacy. The value of the claim is determined by the severity and duration of the injuries you suffered due to the pharmacy's negligence. Hopefully you fully recovered. If you did, then your claim will be smaller. You should contact a personal injury lawyer in your area immediately.

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  • I was in a car accident in August of last year. My med bills were 5300. How much should i negotiate for pain & Suff?

    The other person's insurance company offered me $4600.00 for Pain & Suffering. I have read online that pain & suffereing is usually 2 to 3 times the medical bills. Any suggestions?

    John’s Answer

    If cases like yours were resolved simply with formulas, lawyers like us who represent victims would be out of work. Here are just a few factors that a lawyer (and an adjuster, and a jury) will use in evaluating your case: The severity of your injuries; [The amount of the medical bills are not always representative of this. For example, some broken bones are severe, painful injuries that require little treatment and thus produce low medical bills. Also, some medical providers charge unreasonable fees. Be assured that the adjuster and the jury will know this.] What the photos of the property damage look like; Where the collision occurred [conservative or liberal jury pool - or something in between]; Whether any of the injuries are permanent; How long you treated for; Are your medical bills mostly for diagnostic tests (x-rays, MRIs) or for treatment?; Are your medical providers known "players" in the community? Will you make a good impression on a jury? Will the defendant? [e.g. a very sweet little old lady]; How much work did you miss? Were there any time gaps in your medical treatment? Have you had any prior collisions? Any subsequent collisions? Do you have any convictions that can be used against you in Court? Does the other driver? How will your pain and suffering witnesses do before a jury? There are other factors, but I'm sure you get the idea. We earn our money - getting you more money. You really should get a lawyer. Good luck.

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  • Plastic Squeez Cap Left In my icecream in which I choked on and spit up.. Manager was recorded admitting to it. Is it a lawsut?

    I choked on a plastic squeeze cap that a fast food restaurant left in my ice cream. I ate it with a big bite and choked on it. Spit it back up afterwards. Had manager come over and showed them utensil. She admitted on tape recording that it wa...

    John’s Answer

    The two essential elements of any negligence claim, whether it is medical malpractice, a car crash, or a claim like yours, are (1) liability and (2) damages. "Liability" just means you have to be able to prove it was the other party's fault. The amount of "damages" is the harm suffered due to the negligence. From what you've written, liability seems clear. However, you haven't said anything about damages. If you were hurt, you should seek out a lawyer immediately. If not, although you can probably find a lawyer to represent you, your claim will be a small one. I hope this helps.

    Disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. No attorney/client relationship is intended nor created by the offering of this information. Laws vary widely from state to state. If you wish to pursue this claim, you should seek an attorney licensed in the applicable state who is familiar with the applicable law.

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  • What do I do after an auto accident?

    two days ago a car hit my car in a parking lot.They had very minor damage.The body shop told me my car was classified as totaled.It was their fault,but I do not have insurance.Do I call their insurance company?This is my first accident and I do no...

    John’s Answer

    If you were in the car and were injured, first, seek medical treatment, then contact an attorney when you are able to. If you were not in the car and the other driver has admitted responsibility, hopefully their insurance company will accept liability and pay for your car. If that's the case, although you should call a lawyer just to make sure you're not missing anything, you shouldn't need to retain a lawyer if the insurance company offers you a fair number for your car.

    They have to pay you an amount that will allow you to go out and buy the same car you had. The problem is, no 2 used cars are alike. So they may lowball you. Check a variety of sources, including cars.com, vehix.com, kbb.com, edmunds.com and autotrader.com. This will give you an idea of the value of your car. If they lowball you, ask them "okay, you've offered me $x. Where exactly can I buy the car for that amount of money?" There's usually some wiggle room (especially if you can fax them comparables showing that their offer is insufficient), unless the offer truly is reasonable, which does happen every now and then.

    If their final offer is really low, you can either file suit yourself or hire a lawyer. It will be probably be difficult to get a lawyer for a case like this (on a contingency basis [the lawyer's fee is a percentage of the amount recovered]) given that there will likely not be enough money at stake. I hope this helps. Good luck.

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  • Turning left and hit by car at high speed

    I was turning left into a parking lot 4 lane road, 2 lanes south, 2 north. I was facing south and the cars closest to me going north stopped and there was an opening in other lane so I turned and was hit on passenger side of car, spun twice and c...

    John’s Answer

    As you have stated the facts, yes, the accident will likely be deemed your fault because you failed to yield the right-of-way. The only caveat is that the other driver may be found to be at fault if you can prove excessive speed, which is difficult, You should immediately report the collision to your insurance company and tell your side of the story so that they can fight for you. The witnesses, though not independent because they were in your car, may help you. Regarding whether or not you should go to a doctor, I tell every client who asks this question the same thing: Do not consider the collision in making that decision. If the collision didn't happen, and you were feeling the same way, would you go to the doctor? If so, go. If not, don't go. Good luck to you.

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  • What if i was in an accident on a job but was not hurt should i have been seen by a doctor?

    car accident

    John’s Answer

    No. No. No. If you were not hurt, not only is there no point in seeing a doctor, but it's just plain wrong.

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  • How do I file a lawsuit, while I interview attorneys?

    I was in a auto accident 3 years ago. My girlfriend at the time was driving. She has offered to write a letter and testify if needed. She wants to help me recover my losses and feels terrible. the 3 year statute of limitations is up Aug 1. I would...

    John’s Answer

    You should chose a lawyer immediately so that suit can be filed. You don't have to sue your girlfriend if you don't want to, though this may make it harder to find a lawyer if it is not crystal clear that the accident was the other driver's fault. This is because the lawyer wants to be sure that, at the end of the case, he/she will be compensated. This will happen if both drivers are sued, since you were a passenger. Therefore the accident was not your fault, and you will almost certainly recover if you sue both drivers. It will be up to a jury (or the insurance companies if the case settles) to decide which driver is at fault.

    Regarding your girlfriend's testimony, even assuming that it's 100% true, a jury might not believe her, and still find her to be responsible for the collision. In that case, if you don't sue her (her insurance company will provide her with an attorney and will pay any amount you are awarded, unless it exceeds her policy limits - which is the amount of insurance she has) you'll receive nothing. I hope I'm driving home the point that you need to get an attorney ASAP. Good luck.

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