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Dan R. Denton

Dan Denton’s Answers

21 total

  • Am i at fault for being out my car & getting hit?

    i was parked and getting out car, i looked no car was coming, as soon as i got half way out the car, a car comes speeding and almost takes off my door(actually hits me) i have witness of accident, police said it was my fault because my door was o...

    Dan’s Answer

    If the other driver had sufficient time to avoid hitting you had he or she been keeping a proper lookout, or if the driver swerved towards you, that driver could be liable, not you. The officer's opinion does not count and is inadmissible in court. He did not see the accident.

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  • Can I be sued if someone is on my property after dark and gets hurt.

    A delivery lady makes delivery after dark and falls into an unfinished porch. I asked if she was ok and should I get help. She refused help and said it was her fault that she should not be there after dark. This porch is about 10 foot deep. I ...

    Dan’s Answer

    You could be held liable if you had reason to believe that deliveries would be made to you porch after dark, which would normally be the case.. A property owner owes a duty to invitees to keep the premises in a reasonably safe condition and give warning of any dangers that may not be observable by others. This is a case I would take for an injured person. However, the fact you have no insurance would be factor in any decision to sue or to continue a lawsuit. Most likely, the lady will file a workers' compensation claim and will not pursue a third-party claim against you. If are contacted by her attorney, immediately notify him or her that you have no insurance. If you have a mortgage, like most people, you mortgage company may have forced-placed insurance when your policy lapsed, but it may not cover personal injuries.

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  • I have an impairment rating on my back for 13%. (Whole body impairment 13%). Should I resolve claim with full & final release?

    I have a low average weekly wage from my employer. Therefore, I am afraid if I close the claim, then future medical problems will not be addressed due to the low settlement value.

    Dan’s Answer

    I would add to the other answers that if there is a reasonable possibility that you will require future medical treatment and you do not have any insurance to pay for it, or if there is a work-related accident exclusion, you should be very cautious in entering into a "clincher" final settlement. If you do, make sure the carrier pays a significant premium (additional amount) for obtaining a release from its obligation for future medical expenses. There will always be some risk in accepting clincher settlements, but sometimes the additional payment makes it worth the risk.

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  • Best Case Scenario for me? Oil Change Co. wrecked my car on their premises. Damage Est. $4500; won't be ready for 3 weeks.

    I purchased an oil change and carwash from provider. An employee left the motor running & accidentally put it in reverse while vacuuming car. It was halfway outside the bay. Reverse action tore up both front doors (which were left open for vac...

    Dan’s Answer

    If you have collision insurance coverage, I would recommend you have your company pay for the damages, in which case they will go after the company under their subogation rights set forth in your insurance policy. Another option is to file a claim in magistrate's court. In SC, it has jurisdiction up to $7,500 and you usually can handle it without a lawyer, who will be hard to find to take your case when a claim is this small.

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  • Can the Manufacturer be made to pay for this surgery, possibly extra pain & suffering and missed work.

    On Nov.10, 2014, I will be having my 3rd knee replacement surgery on the same knee. The Doctor has told me that the previous knee parts were defective. This is a painful procedure with a lot of physical therapy. I don't think I should have to ke...

    Dan’s Answer

    In recent years, complaints have been make over knee replacement devices, including allegations that some popular knee replacement components have failed prematurely or loosened, leading to injuries, including pain, infection, inflammation, and bone or muscle damage. Some knee implant manufactures have been sued. DePuy and others have recalled some knee devices. Often, the knee surgeon is also sued if he or she had access to information that the knee device may be defective. You should consult with an experienced personal injury lawyer as soon as possible. This is more a products liability case than medical malpractice. I don't see products liability listed in Avvo's practice areas.

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  • Can I sue the delivery doctor for cutting my baby on the penis during delivery?

    As a result of a c-section delivery. My son was cut on the penis and his records indicated a laceration. He could not be circumsized until 6 months later. Has a scar left on his penis.

    Dan’s Answer

    Some excellent answers have already been given. Unfortunately, medical malpractice claims are so difficult and expensive to pursue, that only those cases involving clear liability and substantial damages will be undertaken by attorneys experienced in handling medical malpractice cases. Because tort reform legislation in most states, including South Carolina, severely caps damages unless gross negligence can be proven, med mal attorneys most often will accept only cases where gross negligence can be shown. This often leads to victims with an injury, but with no viable remedy. This is the harsh reality, but you should nevertheless consult with an attorney and have all your questions answered. Perhaps a complaint with the Medical Licensing Board would be appropriate.

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  • I was walking in the Dollar tree and I tripped on the uneven concrete. I used my hand to catch my fall on the store window.

    I was walking in the Dollar tree and I tripped on the uneven concrete. I used my hand to catch my fall on the store window. The man in front of me ask are you okay? I was not going to say anything, but my hand starting burning and hurting an...

    Dan’s Answer

    It is always a good idea to speak with an experienced personal injury attorney before communicating with a claims rep. Before calling an attorney, however, if you have not already done so, get yourself checked out by a doctor or the at the ER. Some attorneys are skeptical of the seriousness of an injury if they are called before one seeks medical attention. Many times, however, the seriousness of an injury will not become apparent for several days up to several weeks. It is also important that you take good photos of the exact spot where you tripped so your attorney can evaluate whether a dangerous condition existed. Good luck.

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  • My father died from alzhiemers in 2011. All his medical records have been "misplaced" and can not be located.

    I traced the records. To a Dr's office and who signed for them. They claim to have misplaced the records. I need these records to prove my dad had alzhiemers to the courts. Do i have recourse since they can not provide these records. My family...

    Dan’s Answer

    South Carolina has a Physician's Patient Records Act, but unfortunately is does not include a provision for lost or destroyed records. Perhaps there is some limited remedy under the federal HIPPA legislation. In any event, your attitude about our corrupt legal system will not help if you want to consult with a lawyer to find a remedy under the law. If your dad had Alxzhiemers, I would be surprised if only one doctor had records to substantiate the diagnosis. You gave no facts about the underlying legal matter affecting title to your dad's land, but it seems to me if the issue was a matter of legal competency, this could be proven by means other than one doctor's records, including lay testimony of family and friends that had the opportunity to observe your dad before he died.

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  • Will my insurance pay for work related injuries after case has settled?

    I was injured in 2012 on the job. If been waiting 2 years for the insurance company to approve surgeries. Four surgeries are needed. My attorney wants to settle the case and let my private insurance pay for the surgeries. Why would the commissione...

    Dan’s Answer

    When meeting with your attorney as suggested in the other answers, make sure you get assurance that your private insurance will pay for future medical treatment if you settle the workers comp case. Typically the insurance company will have a workers comp exclusion, but as already mentioned, if your claim is disputed, it is possible to settle the workers comp claim and still require coverage from your own insurance. As a claimant's lawyer, this would make me very nervous unless I got something in writing from your company agreeing to cover your injuries based upon the proposed terms of the workers comp settlement and supporting documents showing why it is doubtful and disputed.

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  • Is apartments liable for injury sustained by falling in a hole on the property?

    Stepped in 12" x 8" hole covered over by grass and broke foot.

    Dan’s Answer

    • Selected as best answer

    The property owner would generally be liable for hidden dangers that he or she knew about or should have been discovered upon a reasonable inspection. But liability may depend upon your status or classification while on the premises. In most states, duties differ depending on whether you are an invitee, licensee or trespasser. If you were a tenant or a guest of a tenant, the property owner will most likely be liable, but the location and appearance of the alleged hazardous condition will also have to be evaluated. It the hole was in an area where the owner could not reasonably anticipate that others would be walking, he or she may not be liable. Consult with a lawyer that has experience in premises liability. Make sure you take photographs.

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