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Michel C. Daisley

Michel Daisley’s Answers

75 total


  • I don't receive Medicare, yet they have to "sign off" on my personal injury settlement?

    I was informed by my attorney that my settlement was on its way to me, after 2 weeks I called them, they in turn called the insurance company who informed them they can't release funds until they have written confirmation from Medicare about my pa...

    Michel’s Answer

    This is a royal pain in the @$$ for sure. What I often do for my clients though, and it is usually successful, is to have them sign an affidavit that you are NOT a Medicare beneficiary -- or even eligible! Then, the insurance company can put something in its files in order to comply with federal regulations (which want to make sure that Medicare is not and will not be owed anything from your recovery). Often the insurance company itself will have such an affidavit. You might want to check with you attorney about that, becauseI'm sure he/she is eager to get paid too!) Good luck.

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  • Who can recover for wrongful death?

    My good friend's sister died in a car accident. She was 22 years old with no children. Who, if anyone, can recover from the negligent driver? Can her siblings or parents?

    Michel’s Answer

    In North Carolina, and in most jurisdictions, the question of "who takes" in a wrongful death case is governed by statute. Here that statute is NCGS 28A-18-2, working in conjunction with the Intestate Succession Act, NCGS 29-15, and her parent(s) would be the party entitled to receive. If no parents survived her, her siblings would take equally.

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  • Can I sue someone for defamation of character or slander, ...

    Can I sue someone for defamation of character or slander, for filing charges again me (all been dismissed)... and calling my job tell my employer I am accessing their account when that's nor the case. I just got a job offered taken back because of...

    Michel’s Answer

    Sounds like you have a pretty good action, although exactly how to calculate the damages may be a challenge, and you will need to talk to your attorney about defamation PER SE and defamation PER QUOD. Basically, per se means a statement on its face (from Latin, "for itself" or "of itself") is bad news, where per quod depends on context and how the hearer may understand what is said. Good luck!

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  • During mediation we had agreement,we didn't abide by it,is it still binding ,it's been 5 years

    We had a agreement that i had a year to refinance the house that I'm living in and pay him 15000 dollars, or if i couldn't get it refinanced in a year he could buy it and give me 20000 dollars. Well i couldn't get it refinanced,this was all to be...

    Michel’s Answer

    It sounds as if another mediation would help you guys greatly. You still have your agreement, and you could seek an order to enforce it, but since the time periods in it seem to have mostly passed, there may not be much to enforce, and determining who breached it and the actual damages resulting may well prove too thorny, slow and costly. See if your ex- will mediate again based on where everyone is today. Good luck. (Btw I am in Charlotte, and I'd be glad to help if you feel it would be helpful to you.)

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  • How does a deposition cost, estimate is fine, for the client if the lawyer is charging it to the client?

    How does a deposition cost, estimate is fine, for the client if the lawyer is charging it to the client?

    Michel’s Answer

    Judith is correct. There is really no way to tell without knowing a lot more info. They vary widely depending on length of time, who is being deposed, whether videotaped, if the tape is being transcribed with the video, the transcription is on a rushed basis, etc. The one thing I'll add is that if your lawyer is on a contingency fee, she will not usually charge you for her time at the deposition.

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  • Rear ended by a car in dec 2011, have ongoing back pain/issues. Can I still try to sue? Numb/loss of feeling in leg/toes

    Happened in New York. Is it three years and then time runs out? Who could I contact to help? My car was fixed through the other guys insurance and the strange thing was his insurance co. wanted me to sign a piece of paper and give me a check for 5...

    Michel’s Answer

    You DEFINITELY should not sign anything until you have visited with a competent and experienced attorney in New York to go into further detail about the wreck and your injuries resulting from it. I would recommend that you do that this week, and ask specifically about the time limit on your ability to make a claim in NY. Most attorneys will be glad to meet with you on an injury claim like this for a free consultation but you should confirm this, and get recommendation from other sources about which attorney to see. Best of luck.

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  • Is it worth it to go to court over this? And would I win?

    On April 25, a guy from my school ran into the back of my car. I had two people in my car and he had none. We pulled over and we got out of my car. The guy that crashed into my car said "sorry I was texting" The people in my car heard him say that...

    Michel’s Answer

    I'd go talk to an experienced attorney in your area familiar with auto accident cases. Yeah, you should have called the cops, but unless there is some Utah law I don't know about that shouldn't be fatal to your being able to recover damages from his insurance company. Your attorney ought to know how to get his phone records that would help prove the time he was texting and had the wreck. Good luck to you.

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  • What should I do???

    I was dropping my kids off at daycare and when returning to my car I tripped over a crack in the side walk which resulted in me tearing the tendon in my elbow to wrist. This has left me with limitations of use with my left arm and hand and most li...

    Michel’s Answer

    The first thing that I would advice you to do is get the medical attention that you need. If you don't have any type of health insurance, i would still urge you to go to Urgent Care. I am so sorry for your injury and I wish for you a speedy recovery. The second thing is to make sure you get someone to photograph and measure the area where this took place before any changes are made to it. Then I would contact an experienced and qualified attorney in NY familiar with trip-and-fall injury cases. Best of luck to you.

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  • Is the company I work for also liable?

    Over a month ago, I was in an accident. I was using my car for company reasons when I was rear ended while pulling into a parking lot. I am having a hard time with the other drivers insurance because he is claiming that I cut him off. However, I w...

    Michel’s Answer

    If you were physically injured in this wreck while on company business, you should let your employer know right away because you have a Worker's Compensation claim. If in fact the other driver was the sole reason for the crash, then you have a third party claim against him as well. You would do well, though to seek an attorney's opinion on this because your employer's insurer would have the right to seek reimbursement from the bad driver causing all the problem. You should also be aware of North Carolina's law of CONTRIBUTORY NEGLIGENCE, which may make your recovery difficult. Best of luck to you. (I belong to a fine organization, the NORTH CAROLINA ADVOCATES OF JUSTICE. i'd be happy to recommend some of my NCAJ colleagues in that area.)

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  • I got into a car accident on the 20th, I am nt in fault, however I had no insureance, will they cover damages?

    I got rear ended, the man was trying to take a call on his cell phone, he told me that he had full coverage, however I had no insurance, I was also stranded in capser wyoing for 14 hours, what can I do legally?

    Michel’s Answer

    Assuming you received the other driver's insurance information, you should contact that company and make a claim HOWEVER, I would strong advise you to seek out and meet with a competent and experienced attorney FIRST. Adverse insurance companies are filled with friendly professionals, most of whom really try to good work. BUT you are not their main concern...paying the absolute minimum to resolve a claim is their main concern. A good lawyer will help you avoid any pitfalls. Good luck.

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