Brian F. Davis’s Answers

Brian F. Davis

Asheville Personal Injury Lawyer.

Contributor Level 6
  1. Should doctors disclose hospital acquired infections?

    Answered almost 2 years ago.

    1. Christian K. Lassen II
    2. Brian F. Davis
    3. Elizabeth Taylor Herd
    4. David B Pittman
    5. Marco Caviglia
    5 lawyer answers

    Infection cases are tough, but a good medical malpractice attorney in your area should be able to analyze the issues and tell you whether this is a claim that you should pursue. Gathering the necessary medical records, especially in cases involving nursing homes, can involve thousands of pages of records and retrieving them can be expensive. You should request that the nursing home put all of your mother's records onto a CD. You can then present the CD to a med mal attorney for evaluation. Good...

    8 lawyers agreed with this answer

  2. Personal Injury and Withdrawing Already Submitted Amended Complaint

    Answered almost 2 years ago.

    1. Constantine D. Buzunis
    2. David Lee Fiol
    3. Timothy Leo Bowden
    4. Brian F. Davis
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    You should consult with a competent personal injury attorney for a "second opinion" before you do anything. Let the second opinion attorney review the two erroneous complaints filed by your lawyer. If the second opinion attorney feels that he can help you, and if you want to hire him, then fire your current lawyer and let the second opinion attorney handle all of it. I would not fire your current attorney until you are ready to hire a new one. In civil cases, there are deadlines that you may...

    8 lawyers agreed with this answer

  3. I was at fault in a car accident, my insurance limits are out, the other party is coming after me for property damages

    Answered over 1 year ago.

    1. Brian F. Davis
    2. Albert Lee Crosner
    3. David Brian Snyder
    4. Lars A. Lundeen
    4 lawyer answers

    If you caused the wreck, your insurance company should not have settled with the other driver without requiring them to sign a release, releasing you from further liability. If the other party or their insurer is now trying to come after you and make you pay some additional money, then you definitely need to consult with an attorney. I would suggest you contact a civil litigation defense attorney in the Charlotte area. If you have been served with a summons and complaint, then you have been...

    4 lawyers agreed with this answer

  4. Can my old provider disclose conversation that were had to new provider

    Answered over 1 year ago.

    1. Brian F. Davis
    2. David Brian Snyder
    3. Christian K. Lassen II
    3 lawyer answers

    Whether your right to privacy regarding the content of your medical records has been violated and/or whether you have been slandered depends on the terms of your contract with the old provider. Many such contacts contain provisions that allow for the release of private information to other providers. If your old provider made untrue statements about you to your new provider, then that would be a basis for slander. You would need to review the contract and go from there. Slander cases are...

    3 lawyers agreed with this answer

  5. My wife was involved in a car accident 2 yrs, 9 mos ago. Insurance did not cover damages to car, deemed "no fault" at scene

    Answered over 1 year ago.

    1. John Locke Milholland IV
    2. Tanya Marie Bachand
    3. Brian F. Davis
    4. Christian K. Lassen II
    4 lawyer answers

    There's no question about whether your wife has a case. She does. And she could file a lawsuit against the driver and the owner of the car. The big question is should she file such a lawsuit. First, it sounds like she has absolutely no interest in filing a lawsuit. If this is the case, then I would respectfully suggest that you just let it go. Pushing her into doing something as big as a lawsuit could end up hurting your relationship. Lawsuits are quite stressful to the parties involved. If you...

    3 lawyers agreed with this answer

  6. Am I required to go forward with a deposition if I am offering to settle a case? (personal injury)

    Answered almost 2 years ago.

    1. Joel Max Grist Jr.
    2. Glenn Tadaomi Honda Jr.
    3. David B Pittman
    4. Christian K. Lassen II
    5. Darrell Brinnett Reynolds Sr.
    6. ···
    15 lawyer answers

    If you're lawyer is ignoring your requests, then you should consider finding another attorney. This is your case. If you want your lawyer to try and settle your case, then, barring some unknown issue, that is what your attorney should be working toward. One option would be to see if your treating OB-GYN would write a letter stating that you are not physically able, at this time, to give a deposition. Such a letter could buy you some time and might allow your attorney to get your case resolved....

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. What does the law in Washington regarding writing negative online reviews?

    Answered almost 2 years ago.

    1. Brian F. Davis
    2. Colin Michael Scott
    3. David B Pittman
    4. Christian K. Lassen II
    4 lawyer answers

    First, she should not represent herself in court. She needs a lawyer acting on her behalf. The motion for partial summary judgment is most likely asking the court to determine liability. This motion could be based on your friend's failure to timely respond to the filing of the civil lawsuit and/or the failure to answer written discovery. You friend will most likely not be able to handle this matter on her own as there are too many technical pitfalls for her to competently represent herself. If...

    4 lawyers agreed with this answer

  8. My daughters ex-boyfriend is harassing her by making inappropriate posts on Facebook - can I/we press charges?

    Answered over 1 year ago.

    1. David B. Puryear Jr.
    2. Brian F. Davis
    3. Mark A. Nowell
    4. Christian K. Lassen II
    4 lawyer answers

    A simpler, quicker solution might be to retain an attorney to simply send a certified letter to the young man and demand that he remove the statements concerning your daughter. The attorney could give him a deadline within which to comply and tell him in no uncertain terms that failing to do so will result in your daughter presenting her case to local and federal law enforcement authorities and that serious criminal charges will be brought against him. Good luck!

    2 lawyers agreed with this answer

  9. How can I protect myself and my assets if my alcoholic spouse were to be involved in vehicular homicide or other situation?

    Answered almost 2 years ago.

    1. Matthew Erik Johnson
    2. Christian K. Lassen II
    3. David B Pittman
    4. Brian F. Davis
    4 lawyer answers

    Yes, there are some steps that you can take to protect yourself. First, you should make sure that you have an experienced attorney helping you come up with a plan of action and then implement it. Things that you could consider include making sure that you have sufficient insurance coverage for yourself, not to mention your spouse, making sure that you are not the owner of any vehicles that your spouse drives - as this could create liability for you, and making sure that your spouse is not the...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can I sue a five star hotel for being exposed to and bitten by bed bugs during my stay at the hotel?

    Answered over 1 year ago.

    1. Brian Robert Murphy
    2. John A. Jackson
    3. Brian F. Davis
    4. Christian K. Lassen II
    5. David Ian Schoen
    5 lawyer answers

    Yes, you can make a claim against the hotel. You should probably hire an injury attorney to assist you with this claim, as you will need to provide information to the hotel's insurance company, and you are always better off having an attorney deal with the insurance company. You should hire an attorney as soon as possible. The attorney will need to gather your medical records and bills and present a settlement demand to the insurer. Hopefully, you took a lot of pictures of your bites. You...

    3 lawyers agreed with this answer

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