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Thomas J Simeone

Thomas Simeone’s Answers

11 total


  • Can I sue the school for injury my son received on bus?

    My 6 year old was thrown into his seat by a 16/17 year old boy..on the school bus...causing him to hit his head on window edge resulting in staples in his head...can I sue for negligence?

    Thomas’s Answer

    You may have a claim for negligent supervision. You should contact an attorney immediately because claims against school districts often have additional requirements that you provide notice within a certain period of time. If you fail to provide that notice, you may not be able to bring the claim.

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  • What is the most a 15 yr old can be awarded in a law suit in Massachusetts before it has to go into an account till she is 18?

    My daughter was in an accident on her way to roller skate with 8 of her friends, they took a taxi and taxi driver told them they all would fit and they where only going up the street, well on the way the taxi got into an accident, he could not sto...

    Thomas’s Answer

    The answer depends on Massachusetts law. If you are representing yourself, you want to contact a Massachusetts attorney to help you both with the case and with the disbursement of your daughter's recovery. Settlements for a minor's case can be tricky.

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  • Fall on steps in apartment complex

    My mother fell on the steps in the hallway of her apartment complex in Minnesota. She broke both of her legs and had emergency surgery. She will be transferred to transitional care unit (nursing home) for up to 3 months for rehabilitation. The ...

    Thomas’s Answer

    She should definitely hire an attorney before contacting them. An attorney will know what to say to them and what not to say to them and will know how best to respond to their questions. It sounds like she has a serious case worth pursuing.

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  • Does my this qualify for a malpractice suit?

    My sister was in a car accedent on a saturday xrays performed in ER. She was referred to a doctor for monday morning, the xrays showed two broken wrists, broken toe, fractured right hand and a y shaped fracture of her left arm. When she went in on...

    Thomas’s Answer

    She should contact an attorney immediately. The driver responsible for the accident is responsible for all of her proximately related care, even if it is negligent and regardless of whether surgery is necessary or not. Moreover, a medical malpractice case may also be possible - the best thing to do, again, is contact an attorney immediately. I am available right now, if you would like to speak.

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  • My son was pushed in gym class broke his neck C1 and C2 the scholl let him drive home,,,any suggestions

    They sent him to the athletic trainer who did a concussion test and other things and told him to go home and get an xray, he should not hev even been moved with a neck injury

    Thomas’s Answer

    You may have several claims. If the school was no notice of a potential fight, but failed to properly supervise your son to prevent it, you may have a claim against the school. Likewise, if the school's failure to appropriately respond to your son's injuries increased his injuries, you may have a claim for that as well. Definitely, check with an attorney ASAP because claims against schools often have stricter requirements on giving notice and/or filing suit than regular cases.

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  • My 50 yr old son was given 200 mg daily of trazadone for insomnia.

    He had a reaction to trazadone sore throat, erradic heart beat, high blood pressure and sore throat. The Dr gave him Amoxycillin for his throat. Soon he experienced an erection for 18 hrs. Had emergency surgery and the Surgeon said no more Trazado...

    Thomas’s Answer

    I am very sorry for yourr loss. You should contact an attorney immediately - preferably in the jurisdiction where your son passed away. Trazadone is known to cause muscle stiffness, including the penis, but the type of reaction your son had is unusual. Moreover, his death may also be related to his use of Trazadone, although that will probably be harder to relate. An attorney will have you obtain the medical records for his treatment and then review them with a qualified expert. Act quickly as these types of cases have strict deadlines that must be met.

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  • Can a personal injury attorney do such...?

    I was involved in a car accident a year and half ago, which recently settled. I am your average person that doesn't know much when it comes to personal injury cases. This was my first one and hopefully the last one. From the fact that I wasn't...

    Thomas’s Answer

    Lawyers are held to a duty of honesty and candor wihen dealing with their clients. Rules differ in each jurisdiction as to when a lawyer needs the court's approval to withdraw. If you beleive your attorney did not act honestly or in your best interests, the best advice is to obtain a copy of his file and have it reviewed by another attorney who handles accident cases or legal malpractice cases. That attorney can confirm whether the first attorney was honest with you and, if not, whether there are sufficient damages that warrant a case against him.

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  • Talked to a lawyer about wrongful death suit on wives death 4 months ago. Now he wont return my calls or see me. What can i do?

    Wife told me before she died to see lawyer about wrongful death suit(hospitals not catchin cancer). Was told from bad papsmere cancerous but banine come back in 6months. She made it 4months. Went talked to lawyer. Lawyer knew family lawyer. I tol...

    Thomas’s Answer

    You should contact a new lawyer immediately. Wrongful death cases often have tighter deadlines than other negligence cases. Accordingly, delay can be far more harmful for wrongful death cases. In addition, these cases are more complex than other personal injury cases, so you do not want to attempt to handle it by yourself. A new attorney will be able to get the file from your current attorney and make sure they recieve little, if any, compensation for what they did.

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  • I was involved in a car accident,had no insuance and the other person is suing me. Do I have any rights?

    I was involved in a car I had no insurance and the other guy had liability only. He had a lawyer but the lawyer is no longer representing him. He has not contacted me about the accident but his friends have been calling me asking when I am going...

    Thomas’s Answer

    Legally, you are responsible for the damage you caused the other driver through your negligence. The other driver will be required to prove his damages, not just claim $2,500 in damages. Accordingly, the most you will be responsible for is the amount of the estimate (if repaired) or blue book value (if totaled) - assuming the other driver was not injured.

    To recover from you, the other driver must file a lawsuit against you within the statute of limitations and then prove that you were negligent and that the amount of his damages (the estimate). Your best recourse legally and financially is to do nothing and wait him out. If he fails to take any action within the deadline, he will lose his right to recover.

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  • Need help on how to pay large debts for the Auto-accident

    I had done a Auto-accident with a rental car. I have taken basic insurance and haven't taken the Collision damage insurance. I have hit old building (no personal injuries). Insurance company which looks for the rental car company has estimated the...

    Thomas’s Answer

    You should first review your insurance and the insurance of any resident-relative at that time to see if any other coverage may be available to pay for the damage.

    If there is no coverage, and if you are not able to make payments, the insurance company may seek to collect from you through garnishment of your wages or seizing any of your other assets. However, you may be able to avoid this through working out a payment plan or, if necessary, filing bankruptcy. The insurance company will most likely work with you on a payment plan because they wish to avoid hiring an attorney or having you file bankruptcy. You can hire an attorney to negotiate this for you, but that will cost money, obviously.

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