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David H. Burns
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David Burns’s Answers

248 total


  • What can I do if my daughter was on a cheerleading trip and the coach fell asleep at the wheel, spun off the road at 80mph?

    No accident happened, but the coach kicked her off the van and yelled at her for telling us what had happened. Put my daughter and her friend in such a state, that she quit the team and her friend's mother is going to put her kid through virtual s...

    David’s Answer

    Your daughter would have a claim against the coach for intentional infliction of emotional distress. Under certain circumstances, the school may also have some liability. You should consult with a personal injury attorney in your area.

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  • Auto devaluation due to car accident, 4 car accident, rear ended

    I was one of 3 cars waiting at a red light. An elderly man in a large SUV smashed into us, never put on his brakes. 2 cars were totaled. Since no one was in front of me I was only rear ended. It needed $7000.00 in repairs and it took a month to d...

    David’s Answer

    You are entitled to sue the at-fault driver for the diminished resale value of your car as a result of having it damaged, even though it is subsequently repaired. You would need expert testimony regarding the amount of the diminished value. You should consult with an attorney regarding the economics of hiring an attorney or pursuing it your, perhaps in small claims court.

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  • Is it normal for personal injury lawyer to send me to neurologist

    I was a passenger of a vehicle in an accident. (not at fault). Hired a lawyer and he wants to make appointment to see neurologist.

    David’s Answer

    If you are having any neurological symptoms (such as numbness, tingling or if you sustained a head injury or injury to spine), seeing a neurologist would certainly be appropriate. Did you ask your lawyer why he wants you to see neurologist?

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  • Does ERISA plan have right to subrogate full reimbursement from any settlement funds?

    Does ERISA plan have right to subrogate full reimbursement from any settlement funds? If so, how does the attorney get paid and how pain and suffering and other none economic loss get paid or the reimbursement through subrogation is always negotia...

    David’s Answer

    The extent to which an ERISA lien has to be reimbursed from a personal injury settlement depends on a number of factors, including the Plan language and whether the ERISA plan is fully self-funded by the employer. An attorney would have to look closely at all the factors to give a meaningful answer. You should consult with an attorney experienced in negotiating ERISA liens.

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  • 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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