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David L. Hirsch
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David Hirsch’s Answers

266 total


  • A friend of mine is recently divorced and her ex signed over the house to her through a quitclaim deed. Is refinancing her only

    Option? She has a great rate and is half way through paying off the note but wish to get the ex off the note...

    David’s Answer

    The safest way. You could pay off his loan with him getting all the interest deductions and making it up to you some other way maybe.

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  • A friend of mine had a medical malpractice 4 years ago, .... question: is it possible to take legal action at this time?

    This medical malpractice occurred in 2011. We have proves that shows that the doctor forgot to remove some metals inside person's belly and were there for a month. After much pain, and bleeding, This person went to other hospital where taking out ...

    David’s Answer

    What was the date you first discovered it was malpractice? That is going to be crucial to your answer.Call Brawer Hirsch and Assoc PA 855 544 LAWS (5297)

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  • If there is another hearing for the injunction and the respondent doesn't show up for this one too, what will happen?

    As a petitioner my ex did not show up for the first injunction hearing, and if he does not show up for the second one too, is there a possibility he will not show up for the divorce hearing as well?

    David’s Answer

    Hard to say but seems to be a pattern. A no show for a properly noticed hearing may get you an order of permanent injunction DVRO.

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  • Does a wife have rights to marital property if she didn't pay anything for it & if the property is underwater & owed to the bank

    I have been married for 14 years to my spouse; last year a property was purchased for $120K and the county appraises it now at $64K. The wife has never worked and she wants half of this property which is owed to the bank and the husband appears a...

    David’s Answer

    Maybe. The property acquired during the marriage unless solely from separate estate funds that were never commingled and wife's name is not on the deed will likely have some divisible marital component. You need to see a lawyer. Dividing nothing gives both people half of nothing so what are you fighting about? Call Brawer Hirsch and Assoc PA 855 544 LAWS (5297)

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  • Is my IRA established before marriage and nothing added to it since something my wife can get when settlement is finished.

    No money has been added to this since before the marriage. Will this be split 50-50 upon settlement.

    David’s Answer

    Only the increase in value from its value at the date of the marriage less the value on the date of filing of the petition for dissolution.. That incremental increase in value is a divisible marital asset. The original value would not be.

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  • I had a slip and fall accident. Made a claim on the companies insurance. They paid all my medical bills.

    They are trying to deny my personal injury. Said I was trespassing. Their is no trespassing on this property. I need an attorney to help me fight this. I have no idea what to do.

    David’s Answer

    As premises owners they have a general liability coverage for medical care of injured invitees, or those who are invited to come in to do business. This does not make them the insurer of your safety however if you can demonstrate that the store employees knew or should have known by reasonable inspection that the hazard causing you to slip and fall was known to them and they failed to warn you of its existence. You may also need to show that you did not have equal knowledge of the existence of the hazard or that you failed
    To observe where you were walking.

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  • Supporting Evidence to subpoena Ex-husband's hospital records from an emergency room visit, before he began timeshare (overdose)

    Ex husband lied about a trip to the emergency room before he began his timeshare with the children. He has not informed me about this stay, although the charges have posted to the online account I keep for the children. The online claims, indica...

    David’s Answer

    Read your parenting plan carefully to see if his behavior does not violate it in some fashion. As part of your enforcement action you can certainly depose him or have him produce his medical records from that date if you plead it correctly. Some Requests for Admissions would be handy. You may need a guardian ad litem to get in the children's testimony.

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  • Is there a great attorney, Broward County, reasonably priced, modification of Parenting Plan, Dad in contempt? My yearly $25,000

    My children and I need representation badly, however, I do not have a lot of money nor anyone to borrow from. I just found a good job, in Florida the pay is not the same as New York, so I have limited funds. Dad in blatant contempt of Parenting ...

    David’s Answer

    You should be able to file for an enforcement but unless you can show Dad has the ability to pay past due and current support then no judge can order him incarcerated. He must " hold the keys" to his freedom by having the present ability to pay the purge set by your judge. The second issue is also difficult because your change of circumstances seems less than earth shattering. Your own son's drug troubles you want to dump entirely on your ex. Your daughters could benefit from his negative experiences. Obviously Dad has a relationship them and his failure to be able to pay support won't give you the right to deny him access to them. It will be a factor among others if you get the matter heard by a family judge on modification with an attorney or by self representation.

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  • Do I have a valid lawsuit?

    My daughter stuck the back of her earring inside her ear canal. We took her to the ER where they tried for about 2 hrs to get it out - it took 3 people to hold my daughter down while they attempted taking it out. Finally they said we had to take ...

    David’s Answer

    You can sue anyone but whether you will be successful in a medical malpractice case depends on your ability to demonstrate through the testimony of an ENT the ER doctors deviated from the standard of care for emergency ENT care and that their deviation proximately caused a permanent disabling injury to your child. There is also a question of whether the condition of your child's ear drum falls within a zone of acceptable risk for the procedure used. My gut reaction would be that you will have a difficult time finding an attorney to take this case and an MD willing to give you an affidavit of malpractice.

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  • I want to divorce my husband who is not the father of my child. Should I file something along with the divorce?

    I live in Florida and I want to divorce my husband. While we were separated I got pregnant from another man. My husband is NOT in my son birth certificate and I have a legal paternity test to prove he is not the father. Is it enough that I state t...

    David’s Answer

    There is a presumption if the child was born during the marriage that your husband is the father. Your petition for dissolution should also name the child's biological father. You would do well to hire an experienced family lawyer like those at Brawer Hirsch and Associates. You will need to have the court find your husband is not father as a matter of the record.

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