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Alan Smith

Alan Smith’s Answers

439 total


  • A boss tampered with my time sheet.

    I found out recently that former department manager removed overtime from my time sheet a few years back, I want to know if there is anything legally I can do about it.

    Alan’s Answer

    Maybe, depending on what exactly happened and what evidence you have in your favor. As the other attorney cited, the statute of limitations is running. You should consult with an employment attorney as soon as possible.

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  • What happens after my ticket is overturned from a car accident in which i was initially faulted for ?

    i was initially faulted for a car accident .Unknowingly my parents insurance policy collapsed so i was not covered the day of the accident. Without notice i proceeded to go to therapy and I constantly received letters and bills from the other p...

    Alan’s Answer

    You should contact a personal injury attorney in your area for an evaluation of your case. Whether or not you have a case, or a good case, will depend on a lot of complex factors.

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  • Do I have a medical malpractice case? I only want to be refunded what I had to pay for a new surgeon to fix the problem.

    In 2011 I had breast augmentation. I've been having problems ever since (pain and deformity). I recently had a new surgeon replace my implants. He found my old implant to be full of mold and dramatically overfilled. A saline implant can typically ...

    Alan’s Answer

    Your medical malpractice statute of limitations has likely expired. That generally happens 2 years from the date that you knew or should have known of the issue.

    However, it is possible that the problem is with the product the surgeon installed, and not with the procedure. You should consult with an attorney who does products liability and see if they think you have a case along those lines. The statute of limitations for that is 4 years, so again you should act promptly.

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  • How does one find the right attorney?

    I have talked to/read good answers from several lawyers I like. If I had to choose a career most opposite of me it would be lawyer. I don't like to fight/am not good at it, think slowly, write everything down because I forget, so I need one who wi...

    Alan’s Answer

    • Selected as best answer

    1. Look them up on the Florida Bar website and here on Avvo to see if they have any disciplinary matters. If the issue is within the last ten years, the Florida Bar will have their disciplinary records public on their profile. If it is outside the last ten years, the Florida Supreme Court will have the final decision in their matter in an opinion, which you can look up on the Florida Supreme Court website or on Google Scholar (scholar.google.com).

    2. Search their name and their firm name in the clerk of court's database for the county or counties where they practice. That will allow you to see if they have ever been sued for malpractice, and then you can go look at the case files to find out if the cases had merit.

    3. Review their resume/awards. Some awards are better then others. An Avvo 10.0 rating is not tremendously well respected, although it's probably better than nothing. However, board certification by the Florida Bar is good, Super Lawyers membership is ok, Martindale Hubbell AV rating is good, and membership in Florida Legal Elite is good.

    4. If a lawyer has published articles in trade publications for lawyers, or teaches CLEs to other lawyers, that is a good indication. Some lawyers will list these on websites, and some won't. You can probably find some information by Google, and if you ask a lawyer they might tell you.

    5. There are excellent lawyers who have been disciplined, sued, and do not have the qualifications listed above. Ask friends that you trust to be honest if they have any lawyers they recommend.

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  • In what court do I file a malpractice lawsuitl?

    malpractice and misconduct has been discovered in my divorce in Florida's Seventh Circuit Court. In what court should I file the malpractice lawsuit?district? Supreme? Federal?

    Alan’s Answer

    I would find an attorney who handles legal malpractice cases and ask them. Usually it would be filed in the Florida circuit court in the county where the issue arose, but certain circumstances might change that.

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  • Can I sue a physician for operating on the wrong site? The office doesn't carry malpractice insurance?

    It was an outpatient procedure, gland was suppose to be removed from the left side, yet it was removed from the right. The physician even asked me to confirm the site before I was sedated.

    Alan’s Answer

    Some of your comments indicate that you work for this physician. As a practical matter you can expect to lose your job if you sue your employer. You need to discuss with any attorney you hire whether your damages will outweigh the loss of income.

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  • I got a phone call from this number 855-977-2128 stating that they where going to do a Body Attachment and send an officer

    I got a phone call from this number 855-977-2128 stating that they where going to do a Body Attachment and send an officer to my employer or home regarding that matter to come and pick me up if I didn't settle with them. I look them up on ripoff r...

    Alan’s Answer

    Likely a scam. If you have any uncertainty make an appointment with a consumer's rights or debt defense attorney.

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  • Do I need a defense lawyer?

    I was called in for questioning I answered what the detective asked I answered everything truthfully now the detective wants me to speak to state attorney for statement can I still get a lawyer note I was under the influence of marijuana is it too...

    Alan’s Answer

    I would strongly advise you to get a lawyer.

    I would strongly advise you not to tell the detective or state attorney you were high at the time of the previous statement.

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  • Is there a Wrongful Termination case in this situation?

    My daughter is a personal trainer at a franchise gym, one of the owners had send her a message about work on her personal Facebook page, the very next day she approached both owners and asked to be addressed in person or even email concerning prof...

    Alan’s Answer

    Your daughter may have a gender discrimination suit. Statutes of limitations on these matters are quite short and she should contact an employment law attorney as soon as possible.

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  • How is a typing error corrected in a complaint after its issued?

    I issued a complaint seeking $23,000 of damages against a builder as a pro see plaintiff. I have just noticed there was inadvertently one word missed off 2 paragraphs. What is the proper way to correct this?

    Alan’s Answer

    Sometimes Mr. Tischhauser goes overboard in his warnings against pro se litigation. Family law litigants for example often have no choice but to handle their own matters.

    That is not the case here.

    You allege that there are $23,000 of damages. There may also be grounds for awards of attorneys fees and costs of litigation, which would further increase that amount. The standard contingency fee in Florida is 40 percent of all funds recovered if litigation is necessary. If you can't find a single attorney to handle a case when the attorney has an expected payday of $9200 or more, that means your case is not good enough to make the attorney feel like they can recover.

    You are also putting a good deal at risk. Civil litigation can be difficult and drawn out even for experienced attorneys. You should be prepared to miss several days of work for depositions of the parties and witnesses as well as hearings and trial. You will be required to assemble EVERY document that may be relevant to your case. At the very least, you will have to spend a good deal of time on your case that you will want to have back, and that will be a waste of your time if you lose. And you likely will lose, given your lack of training and experience relative to the lawyers the builder will probably hire. Your opponent, by contrast, probably has insurance that will cover him/them, or can afford to hire attorneys. That means they get to continue with their lives unaffected by the process of litigation.

    You may also be risking a good deal financially. It is possible, if permitted by statute or contract, for a court to award costs and attorneys fees to a prevailing party. You may prevail- in which case congratulations, but you won't get any attorneys fees if you don't hire an attorney. They, by contrast, are going to be hiring someone who will probably bill anywhere between 150 and 300 an hour, and will probably spend at least a few dozen hours on the case. If you lose, which is the much more likely outcome, and fees and costs are awarded, you will go from 23,000 in profit to (I would guess) around at least 10,000 in liability for costs and fees.

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