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Michael E. Garland

Michael Garland’s Answers

22 total

  • My doctor removed what he said was a cyst from my breast but did not have it tested. Is this ok?

    I have a history of problems with my breasts and went to see my doctor for a lump on my breast. He looked at it and said let me know if it gets bigger. The lump at this time was the size of a large peanut. well three weeks later it was bigger and ...

    Michael’s Answer

    Like any negligence claim, a medical malpractice claim requires proof of negligence and damages. Did the doctor fail to diagnose a serious illness and if so, the failure to diagnose compromise the ability to treat the illness effectively? If the answer to these questions is "no" then you probably do not have a claim. You didn't say when this took place, so be aware the there is a statute of limitations that limits the amount of time you have to file a lawsuit. There are many good attorneys in North Carolina who handle medical malpractice claims. You should contact one of them right away.

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  • How can I go about finding an attorney to take over a case that I already have representation for?

    I am not, and have not been happy with the attorney that has been representing me for the last 3 years in a lawsuit against the builders of my home. There is mold and construction issues with my newly built home.The case is not scheduled to go to ...

    Michael’s Answer

    You should demand a face to face meeting with your attorney so that you can express your concerns. Litigation is complicated and slow moving. You may find that your attorney is doing all the right things. If you cannot reconcile with your current attorney, he will have to make a motion to withdraw and be allowed out of the case by the court before you can hire another attorney. Make sure you have an attorney willing to take the case before you fire your current lawyer.

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  • I recently found dead bugs in my drink at a restaurant

    There were dead bugs in my drink and my husbands. We went back to the facility (we had gone through the drive thru) only to find dead bugs every where. We contacted the local health department and she said it was unsanitary and immediately had t...

    Michael’s Answer

    My colleagues are correct. A civil action requires a showing of both liability AND damages. If you ingested bugs and became physically ill and sought medical treatment then damages are provable. Otherwise the most you can probably hope for is some sort of nuisance settlement. You should consult with a qualified personal injury attorney in your area.

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  • Can a police report override a witness statement in an auto insurance claim?

    Accident details:I was in the far left lane of an expressway(I made a lane change about 10 seconds prior from the center lane) when a car that was speeding came around the left side of my truck on the shoulder and clipped the front left end of my ...

    Michael’s Answer

    I would rather walk into court with a credible independent witness than an accident report. Typically the investigating officer did not witness the accident nor is he or she an expert in accident reconstruction. For this reason the accident report may not be admissible in court. The officer's testimony will likely be limited to his or her observations on the scene. Of course this may vary depending on the rules of evidence in your state. You should consult a qualified personal injury lawyer in your area.

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  • I was in a car accident someone ran into the back of me. The cost is below what i incurred total $7000 just trying to figure out

    I was in a car accident and My total bills $6800 + 800 wages = $7000. How much of it do I get. Someone told me: 1. 7000 *3= 21000: lawyer 1/3 client (me) 1/3 bills1/3 2. I would get around 3000 what is the right answer 1 or 2 martinleo...

    Michael’s Answer

    There are a lot of myths about case valuation. One of the big ones is that insurance companies pay 3 times the medical expenses. You should consult with a personal injury lawyer in your area.

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  • Civil case

    i represent myself to file complaint against my ex for internet defamation at civil court. the next step is discovery. what should i do for it?

    Michael’s Answer

    Typically discovery consists of written discovery i.e. interrogatories, requests for production of documents and requests for admissions. Oral discovery i.e. depositions can also be taken. There are rules governing discovery found in the Rules of Civil Procedure. These rules vary from state to state but usually model the Federal Rules. There may also be local rules as well. You need to follow these rules. You will be much better off hiring a lawyer to handle this for you.

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  • Should I settle with my ex's attorney or should i go on with the court hearing.

    A hearing I only had two days to prepare for. The reason for the hearing was because on May 20th, after not receiving my visitation the day before, I went to my ex's house and found my son in a dirty old diaper along with his sister, who is 3, wh...

    Michael’s Answer

    You should go to that hearing with a qualified domestic attorney.

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  • Evasive discovery responses

    Plaintiff has been extremely evasive in their responses to defendant RFA, RFP, and ROGS. Further the responses and objections to the RFP's were almost 4 months late. Virtually nothing was produced. Can the Defendant offer to provide clarific...

    Michael’s Answer

    The typical process is 1) letter 2) motion to compel and then if you win your motion and they don'y comply with the order 3) motion for sanctions. Get a lawyer to help you with this!

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  • HOW MUCH CAN I GET FROM MVA THAT CAUSE ME TO HAVE A CERVICAL HNP

    THIS LADY JUST HAD EYE SURGERY AND SHE SLAM IN THE BACK OF ME WHILE I WAS AT A RED LIGHT. MRI SHOWED THAT I HAVE A CERVICAL HNP AND LUMBAR DISC 5/6... WHAT IS MY CHANCE OF GETTING PAID ON THIS. I HAVE LOST 80% PERCENT OF STRENGTH IN MY RIGHT ...

    Michael’s Answer

    It all boils down to proximate causation, i.e. did your injuries more likley than not come from the accident. There are a few unknown's here that could be important. Was this a heavy collision with a lot of vehicle damage or a more moderate impact with light damage? Did you have a clean medical history or a history of low back problems? Like the other lawyers have advised, you should seek the advice of a qualified personal injury attorney in your area.

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