John Elliott Leighton's Answers

Should I get a lawyer

You should probably consult with a lawyer about this. If you sustained damage from the presence of mold, you should get tested, see a physician and have the mold remediated. The continued presence of the mold may cause long term or serious injuries. You may also be able to bring an action under the Residential Landord Tenant Act for the uninhabitability of the property.

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I want a PI Trial De Novo but is the supreme court decission that it is not allowed for PI case?

Your question is not really clear about what happened. Did you settle your case at meiation? Did you sign a release? Which Supreme Court deision are you referring to?

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Is an automobile lien holder liable in an auto accident?

Generally no. But you need to speak with an attorney in your jurisdiction, California. Each state treats the law of auto liability differently. Usually the registered owner and driver have liability (dpending on the state and circumstances, one will be primarily liable nad the other secondary). Usually a lienholder is not liable but you should check with a lawyer, and find out if you are an additional insured on any insurance policies covering th ecar or driver.

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C section malpractice ? is there a case here?

You may have a case. It will depend on what happenbed and whether you can prove that there was a breach in the standard of care. You can expect that Dr. A will not recall the events as you did...memories have a way of changing later when there is a case. Remember that medical malpractice is governed by very detailed statutes (Fla. Stat 766) and requires a presuit investigation, expert review and affidavits, and compliance with the presuit process. There is a two year statute of limitations,...

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Car accident, FL, not at fault- no insurance

Under Florida's no-fault law, you would generally look to your own insurance company to payu the property damage to your car. They would then in turn be able to subrogate (go after) the at fault driver's insurance. If your insurance lapsed or for some reason was not in force, you can make a claim against the other driver's insurance company for your property damage. You should contact a local lawyer who handles property damage matters to assist you in case you run into problems. This all...

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Can i sue someone that ran me off the road

Yes. A car that runs you off the road but does not hit you is no less responsible than the one who may hit you. You will need to identify the vehicle and be able to prove it, through witnesses or other evidence. If you cannot, but can prove thatthis occurred, you may be able to claim under your uninsured motorist coverage. Contact a local attorney right away.

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Do I have a sexual misconduct claim?

It is impermissible for a physician to have sex with a patient. It is unprofessional and may subject the physician to charges by the Board of Medicine. Despite the fact that this may be "consensual" in the strict sense, there is an imbalance of power and the physician is using the doctor-patient relationship to create the sexual conduct. There may be a civil case as well (though you need to see whetherthere is an exclusion in the professional malpractice and/or general liability insurance...

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Insurance claim

There are often crashes that occur from phantom vehicles (at fault drivers who do not stop at the scene) or animals that enter the roadway. You would still be entitled to make a claim. However the fact that they have assigned a special investigations adjuster means they will likely question the claim. In any event you should make sure you are represented by a lawyer who has skills in that area and can guide you through the process. It is important to preserve any evidence avilable - photos...

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My 73 year old mom was on her power electric wheel chair when she got hit by a car in walmart shopping center and the insurance

Do not meet with or say anything to an insurance company until you have spoken with a qualified attorney and determined the nature of your mother's injuries. Insurance compaies have all the power on their side; without an attorney you are going into battle without weapons or the knowledge necessary to even begin to fight. I recommend you contact a skilled trial lawyer and sit down and discuss the various aspects of the incident, what your mother's injuries are, all of the potentially...

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Is there a statute of limitations on when a person can file a suit for a procedure which was done in a hospital?

In addition to the above, there is a provision under Florida Statutes 766 to extend the statute of limitations one time for up to 90 days. There are very specific procedural requirements for investigating and bringing medical malpractice actions. See an attorney.

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