Michael E. Garland’s Answers

Michael E. Garland

Durham Car / Auto Accident Lawyer.

Contributor Level 8
  1. Being Sued After Court Case Was Closed

    Answered over 3 years ago.

    1. Michael E. Garland
    2. Jeffrey Mark Adams
    3. Steven R Vartazarian
    4. Stephen Alan Sauer
    4 lawyer answers

    The answer is yes, she can be sued. The criminal and civil / traffic cases are independent of one another and dismissal of the criminal case / traffic case does not preclude a civil suit. The first step your mother should take is to contact her insurance company. The insurance company may not know about the lawsuit. They should hire a lawyer to respond to the lawsuit and represent your mother. She has a limited amount of time to respond to the lawsuit. Failure to respond could result in a...

    Selected as best answer

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

    Answered over 3 years ago.

    1. Michael E. Garland
    2. Christian K. Lassen II
    3. Jordan Lee Margolis
    3 lawyer answers

    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...

  3. I recently found dead bugs in my drink at a restaurant

    Answered over 3 years ago.

    1. Mark Jeremiah Peacock
    2. Randy William Ferguson
    3. Michael E. Garland
    4. Lars A. Lundeen
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 3 years ago.

    1. Stephen Laurence Hoffman
    2. Joshua Jacob Crouse
    3. Paul Y. Lee
    4. Michael Alen Bryant
    5. Michael E. Garland
    5 lawyer answers

    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...

    1 lawyer agreed with this answer

  5. Evasive discovery responses

    Answered over 3 years ago.

    1. Matthew T. Cecil
    2. Charles Joseph Michael Candiano
    3. Eliz C A Johnson
    4. Michael S. Haber
    5. Michael E. Garland
    5 lawyer answers

    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!

    1 person marked this answer as helpful

  6. I was in auto accident but police did not speak to me how can i be at fault?

    Answered over 3 years ago.

    1. Stacey Erin Burke
    2. Christian K. Lassen II
    3. Michael E. Garland
    4. Randy William Ferguson
    4 lawyer answers

    The police officer usually bases his report and conclusion on his investigation which should include interviews of the parties and witnesses and also on the physical evidence at the scene. You can request to speak to the officer and / or his supervisor if you feel like you have been treated unfairly. However, the accident report is not always the determining factor in whether an insurance company accepts or denies liability. The adjuster will certainly speak to his insured and may want to take...

    1 person marked this answer as helpful

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

    Answered over 3 years ago.

    1. Michael S. Haber
    2. Eliz C A Johnson
    3. Michael E. Garland
    3 lawyer answers

    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.

  8. Is this attorney correct?

    Answered over 3 years ago.

    1. Michael E. Garland
    2. Pamela Koslyn
    2 lawyer answers

    There can probably be one lawsuit only depending on the law in your state. In a wrongful death lawsuit, the plaintiff should be the estate of the deceased person. An estate is typically handled by a personal representative, i.e. administrator or executor depending on whether the deceased had a will. The personal representative would hire the lawyer and make decision regarding the case. Any recovery proceeds would be distributed among the legal heirs by the personal representive. Disclaimer: I...

  9. 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

    Answered over 3 years ago.

    1. Anthony Lai Perez
    2. Randy William Ferguson
    3. Michael E. Garland
    4. Lars A. Lundeen
    4 lawyer answers

    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.

  10. Civil case

    Answered over 3 years ago.

    1. Christopher W. Vaughn-Martel
    2. David A Barra
    3. Eliz C A Johnson
    4. Michael E. Garland
    4 lawyer answers

    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.