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Kenneth L. Shigley
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Kenneth Shigley’s Answers

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  • In the state of Indiana if ur ordered by a judge to complete classes for a PI charge and u do not complete these classes-if the

    In the state of Indiana if ur ordered by a judge to complete classes for a PI charge and u do not complete these classes-if the judge executes a 10 day jail sentence for not cooperating-is it a 10 day do 5?

    Kenneth’s Answer

    This is not a personal injury question. You need to talk with an Indiana criminal defense lawyer.

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  • Is it legal & possible to file a medical malpractice case in northern Virginia as a contingency case?

    I have a substantial case and need to find out if it is legal in Northern Virginia to file a med mal suit using a contingency method of payment. I cannot afford a lot of up front legal costs such as for the medical expert, court filing, etc and un...

    Kenneth’s Answer

    Most medical malpractice cases in the US are handled on a contingent fee basis with the plaintiff's attorney often advancing very substantial expenses. Because these are very demanding, complex, high risk cases, the contingent fee percentage is higher than simpler cases and it is often very difficult to find a lawyer willing to take a case that is much less than perfect. Because of the high risk you may have some lawyers telling you they will not take it on a contingent fee basis or that you need to advance the cost. In my experience, that is another way of telling you they don't think it is a very strong case but if you are willing to bear the risk of loss rather than them, they will handle it. I admit i have given some people that response in the context of telling them the weaknesses and risks of a case.

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  • I was involved in a rear end accident last year now that person's attorney is asking for $100,000.

    This person stopped in the intersection on a green light. I was at least 2 car lengths behind her. I was not able to merge over into the other lane because of other vehicles. It had rained the night before and the ground was slick. I was trave...

    Kenneth’s Answer

    It is not clear whether you have been served with a lawsuit. If so, immediately send it to your insurance company by certified mail or Fedex so you will have proof of delivery. Include a cover letter referencing the lawsuit and your policy number, and requesting that the insurer provide you coverage and a defense. Also ask that the insurer explore every opportunity to settle within your liability limit in the policy in order to protect your assets and income. I suspect that Hartford received a demand letter for more than your policy limit and therefore sent you a letter advising you to seek counsel with regard to the excess demand. If you go to a lawyer for that, the typical action by an attorney would be to send the insurer a letter requesting that the insurer settle within your policy limits.

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  • If a person in the passenger seat in the front is drunk, can the driver be charged with a dui?

    The driver has an ignition interlock device

    Kenneth’s Answer

    Not unless the driver is also intoxicated. If stopped, the passenger in VA may be charged for public intoxication. The designated driver, if stopped, may be subject to a sobriety test, but if sober should not be charged with DUI.

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  • What does this mean? Do I need an attorney?

    I was in accident a month ago. What happened is that I was pulling out of the parking lot of my apartment complex into the median. I was waiting for this black impala to pass. Just as I was pulling into the median the black impala pulled into the ...

    Kenneth’s Answer

    The law recognizes what is sometimes referred to as the "eggshell skull" doctrine, as a minor impact that would be hardly anything to most people can have a huge impact on a more physically vulnerable person. For example, I once represented a woman who was barely tapped by a car that was behind her when they were both stopped at a red light. To a strong, healthy person, it would have been nothing. But she had had a prior neck injury years before that left her more vulnerable than most people. This incident aggravated her preexisting condition to the point that, very reluctantly, she had to have surgery to fuse vertebra in her neck. Nothing turned into a $300,000 settlement. As the other lawyers responding suggest, you need to just turn this over to your insurance company and ask them to provide a defense and coverage up to your policy limit. Your insurance company will hire a lawyer to defend you.

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  • Boyfriend borrowed car without my consent, wrecked 3 cars plus mine. He was not covered in my insurace. What can i do?

    I was spending the night at my boyfriends. I fell asleep and he took my car without my consent to take his friend home. My boyfriend was not in my insurance and anybody driving my car was excluded from the policy. He fell asleep at the wheel, wrec...

    Kenneth’s Answer

    I agree with the prior answers. Next time, get a more responsible and reliable boyfriend.

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  • Do I still have rights even though it's too late to sue for medical malpractice for my injury when I was very young .

    I was born with Erb's Palsy and my mother tried all she could to sue when I three but they told her I had to wait when I was eighteen. I did just that and tried to sue but they said I waited to late. I tried again when I was twenty-three and they ...

    Kenneth’s Answer

    I am very sorry for the impact of this birth injury upon your entire life. When I was born in rural Alabama, I had a much less severe birth injury that only made me look bad for a long time. My parents never considered suing, partly because he was about the only doctor in the county. Regarding your time limit question, unfortunately injured children do not have as many lobbyists at the legislature as to insurance companies and hospitals. While I do not practice law in Alabama, and do urge you to consult an Alabama lawyer, here are the basics as I understand it. The general statute of limitation for medical malpractice is 2 years. Currently, a child injured by malpractice before age 4 must file suit by the 8th birthday, obviously through a parent or guardian. http://www.medicalmalpractice.com/statute-of-limitations/AL/Alabama-Medical-Malpractice-Statutes.htm I haven't checked back on when limitations were changed, but it may be that the age 8 limit was passed long after your mom got the advice to wait until you were 18. In any event, I am afraid way too much time has passed to sue.

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  • Do I have a case for medical malpractice for my son?

    On Friday I took my son to the ER because he was throwing up and didn't want to play much. they diagnosed an ear infection. Sunday i took him back because he was getting worse and he would not move or play. ear infection and stomach virus they sai...

    Kenneth’s Answer

    Even if the ER missed diagnosing a brain tumor, it is almost 100% certain that the delay in diagnosis made no difference at all in his medical outcome. No harm, no foul, no medical malpractice lawsuit. I can tell you from the experience of a family member, it is extremely common for symptoms from a brain tumor to be initially diagnosed as an ear infection. This sounds like an acoustic neuroma or vestibular schwannoma. If so, ask the neurosurgeon if it is bilateral (both ears), and whether it is neurofibromatosis type 2. I really hope that's not it, but if it is, contact the Children's Tumor Foundation (ctf.org).

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  • I need a medical malpractice attorney.

    Last week I had entered the details of what I consider a medical malpractice case. What had happened was I had benign stricture disease, for some reason my doctor decided to implant an uncoated metal wallstent.into my bile duct. The stent caused a...

    Kenneth’s Answer

    Medical malpractice cases are extremely difficulty, complex, expensive and time consuming, so it is very hard to find a lawyer willing to take on a medmal case that does not involve truly catastrophic injury or death that is clearly the result of malpractice. See http://www.cga.ct.gov/2012/rpt/2012-R-0373.htm. For prospects, do a web search for "florida medical malpractice attorney board certified." Pick 10 well qualified attorneys, rank them in whatever criteria look good to you (credentials, locations, similar cases handled) then start calling. down the list. If they all decline the case, that will tell you something.

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  • My elderly and disabled father is a sexual predator and needs assisted living. How do i get him help when he has limitations?

    My elderly and disabled father is a sexual predator and needs assisted living. I've requested the courts to lift his restrictions but no luck. He is immobile, on oxygen, and needs 24 hour care. I've inquired to many facilities but there are eith...

    Kenneth’s Answer

    Unfortunately, it appears there is no provision in Florida law allowing sexual predators to petition the court for removal of the sexual predator designation. http://offender.fdle.state.fl.us/offender/FAQ.jsp#Question13 The question of where former sex offender can live is quite a challenge. http://www.governing.com/topics/public-justice-safety/Sex-Offenders-Live.html

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