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David H. Burns
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David Burns’s Answers

244 total


  • Do you have to give a toxicology report for Accidental Death Insurance?

    My mom died in a car wreck has an accidental death policy we have the death certificate they are asking for a toxiocolgy report do we need to give this to them ?

    David’s Answer

    Whether you have to provide it will depend on the language of the "cooperation" clause of the policy. It would be a good idea to consult with an attorney regarding the best course of action.

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  • Do I need an attorney?

    Hired a personal injury attorney , we settled. Out of court ,was told once medical negotiations were finished then I would receive my portion afterwards. I've been calling and every week it's another excuse , as time passed I started emailing the ...

    David’s Answer

    Your attorney is trying to get the greatest possible reduction in the medical liens. That takes time. Three weeks is not unusual for normal medical lien negotiations. If Medicare or Medicare Supplements, Workers Compensation, Medicaid, Tricare, etc. are involved, the negotiations sometimes run into months rather than weeks. You are certainly entitled to have your attorney explain why it has taken as long as it has, but your attorney is only one participant in the negotiations. The delay may very well be caused by the health care providers or medical insurers.

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  • Injured At a Restaurant. What to do?

    Sitting at bar of a large chain of restaurants. Bartender dropped glass and scattered. Piece of glass flew into my eye. Manager happened to be standing there and witnessed everything. asked if I was OK. Said No and he Just stood there. Finally aft...

    David’s Answer

    You should retain an experienced personal injury attorney to represent your interests. Don't rush into any settlement - make sure your vision is going to be all right, before settling your case.

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  • Legal attorney

    My son was killed in an illegal atv race and i need to cover my loss wages, doctor bills, pain and suffering.. No one was arrested

    David’s Answer

    Depending on all the facts, you may have a wrongful death claim pursuant to the Florida Wrongful Death Act. There is a lot more information that an attorney would need to properly advise you. You should schedule a free consultation with an experience Florida wrongful death attorney right away.

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  • What type of lawye would I need?

    my husband is in the military. Long story short he is hurt and they are medically discharging him but as they are doing this it is putting stress on my self and our kids. It is a very stressful situation and I am at a lose as to what type of lawye...

    David’s Answer

    I don't see where you and your kids would have any legal claim. Military families suffer stressful situations frequently. Unfortunately, that comes with the territory. Thanks to your husband for his military service and best wishes to you and your family in adjusting to civilian life. Some type of emotional health counseling might be very helpful to both you and your husband.

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  • I had two accidents in one week and both are NOT my fault. How will this process work? Do I get two attorneys or one for both?

    Does this decrease or increase the value of my injury claims? If so, why?

    David’s Answer

    Generally, one attorney for both cases is desirable.

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  • Using my UM, my claim adjuster sent me docs that include accident and medical history forms to fill out and return.

    Along with Wage & Salary verification and HIPPA to complete. I feel ok to have my employer complete the Wage & Salary verification form but I do not want to authorize my prior medical nor want to speak about prior accidents. Am I required in the s...

    David’s Answer

    Generally, this is going to be determined as a matter of duty under your contract of insurance as opposed to State law. Most first-party insurance contracts(such as UM) carriy a duty to cooperate provision, which requires you to provide reasonably requested information to your insurer. Failure to cooperate can in drastic instances result in denial of coverage. The policy language is usually very broad and subject to a lot of interpretation. If anything requested is something you would have to provide in a lawsuit, there is usually no reason to hold it back. However, every case is different. You would be well advised to obtain a free consultation with an experienced personal injury attorney to determine what duties you may have under your contract of insurance.

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  • In the state of Georgia, is a cosigner of an auto loan responsible if the owner has an accident and has no insurance?

    Co signer has nothing to do with the accident.

    David’s Answer

    Being a co-signer of a loan by itself does not create liability for an accident.

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  • My father passed away in oct of 2014 and the life insurance company seems like they are dragging their feet to pay my mother

    Is to be paid to her. Please let me know if there is anything that you can do to help us out.

    David’s Answer

    I suggest you re-post your question with some more details. Has the life insurance company given any reason why they have not paid? You should call an attorney who handles insurance issues for a free initial consultation.

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  • Do I have claim against the property owner if there is under contract?

    My son, that i did not have custody, was killed by the boys fathers, sisters dogs on the property she is renting to own. i want to sue her and the people she is buying the property from.

    David’s Answer

    In Florida, the owner of the dogs would be liable. The owner of the property where the dogs were kept (if different from the owner of the dogs) would be liable if: 1- they had actual knowledge of the dangerous propensities of the dogs; and 2- the attack occurred on the property where the dogs were kept. If any non-owner of the dogs engaged in conduct that could be classified as "harboring" the dogs, they might also have liability. You would have a legal claim as the surviving mother of the deceased child. However, under the Florida Wrongful Death Act only the Personal Representative of the Estate of the deceased child would have legal authority to bring a wrongful death action. You or someone who does not have a conflict of interest would need to be appointed Personal Representative to bring the lawsuit. The Florida statute of limitations, i.e., time limit for filing suit, on wrongful death is two years from the date of death. You should contact an experience attorney who handles wrongful death cases for a free consultation.

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