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Joseph C. McIntyre

Joseph McIntyre’s Answers

12 total


  • Can I sue someone personally for upaid medical bills not covered by the insurance company after an auto accident?

    I was in a auto accident in december that cost me $35,000 in medical bills because i required surgery on my leg. unfortunately the driver was not insured and i did not have UM coverage. luckily the insurance company and medicaid kicked in and cove...

    Joseph’s Answer

    Call the anesthesia company and the x-ray company to make sure they billed Medicaid. Normally their balances would not be that high had they billed Medicaid. You will need to show them that your PIP exhausted so ask your PIP carrier to send you a PIP Log showing all benefits paid. Many times health care providers don't have all of the correct billing information for Medicaid. Do you live with other family members who own cars and have uninsured motorist (UM) coverage? If so, their UM coverage applies to you.

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  • Can I sue a company for selling a dessert containing alcohol to my child?

    I took my 5 yo. son in a dollar store to pick out candy. He got chocolate covered cherries and candy canes. When we got in the car he opened the cherries and ate one. He said they were nasty. So I begin looking at the package for an expiration dat...

    Joseph’s Answer

    An essential element of a negligence claim is that the victim sustains damages. Since it does not seem as if your son became ill, needed medical attention or incurred medical bills then the damages element is lacking. If the box were marked as containing alcohol infused candies, that would be another reason there is no negligence claim. By asking this question, though, here on Avvo, you are being a good parent. Always better to seek an answer if you feel a family member and especially a child has been injured. Some parents do not pursue valid legal claims on behalf of their minor children and this is a disservice to them. You did the right thing by asking but here, there is no claim.

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  • Is my family doctor allowed to say that he did not treat me for a car accident issue after he already treated me?

    I called the dr. for insurance claim proof in writing of why I he prescribed anti anxiety meds and they say they don't have to give it to me.

    Joseph’s Answer

    You have the right to receive copies of your own medical chart. What might be happening here is the physician is not relating his/her medical treatment to the car accident.

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  • My mom got hit by a car while jogging.

    She didnt call the police. She said she was nervous and felt fine. She went to the hospital last night because her leg was swollen. She has the ladies number and tag number. Can she do anything at this point?

    Joseph’s Answer

    The first thing to do is address your injury--which it seems you have done. Calling and injury attorney is a very good idea. If the accident occurred in Fort Lauderdale you will want to contact the Ft. Laud Police and ask them how to complete a Delayed Accident Report. You can fill in all of the details of the accident and file it with the Police. If there are visible injuries you will want to take photos of the injured area and take a few also showing your face so you can link up the leg with you. If you own a car or leave with a relative (by blood or marriage) who owns a motor vehicle then you come under that coverage for Personal Injury Protection (PIP) benefits. If you do not own a car and you do not live with a relative who owns one and you were actually struck by the other car, then you come under that vehicle's PIP coverage. Most attorneys can log in to a data base and look up the name and address of the other driver as well as her insurance. It is best to notify the PIP carrier as soon as possible. It is best not to wait to do any of this. The more time that passes the more skeptical people become about how the accident happened and your injury. It is still better to call an injury lawyer to help you through this.

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  • Car accident question

    I was hurt in a car accident and now geico who is the defendant's insurance wont pay out the $100K policy limit, even though my damages exceed $200K in medical bills alone. I was told that if I file a negligence claim against the defendant and his...

    Joseph’s Answer

    Best to be careful about taking advice from someone who is not a Florida lawyer practicing personal injury law. The advice you received about filing a negligence lawsuit extinguishing a possible bad faith claim--is definitely incorrect. If your medical bills are that high then you really want to discuss this with an injury lawyer. Almost all personal injury attorneys in Florida will give you a free initial consultation.

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  • . how much money will i get back?

    I tripped on the city side walk and have a pinched nerve in my ribs. i have an attorney

    Joseph’s Answer

    If your claim is against a Florida city, municipality, or any instrumentality of the State then the attorney's fee will be limited to 25% pursuant to a Florida statute. It is impossible to tell what the outcome of your case might be. Generally speaking, the outcome in a personal injury is based upon how clear it is that the other party is at fault, the extent of your injuries (as documented in medical records) and the amount of liability insurance coverage of the other party or their financial resources. Ask your attorney to send you a copy of the demand letter that was sent to the at-fault party (if your case is that far along).

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  • Customer gets injured on my property and wants to sue me

    customer gets injured on my property (hit his head on a metal door which was open) and wants to sue me even though we have signs posted enter at your own risk we will not be responsible for bodily or property damage... can they still come after m...

    Joseph’s Answer

    The customer can sue you but he has the burden of showing you were negligent. If there was a clear warning which the customer ignored then a jury might find that you were not at fault. The customer's right to recover damages from you must be based upon something you did wrong. You should notify your own insurance company covering your business and the building where the injury occurred. Also, take photographs were the accident occurred including the warning sign. (In the photo, place a local newspaper in the shot to help prove when the photo was was taken). If there are any witnesses to the incident now is the time to get their names and contact information. Your insurance company will handle this for you.

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  • My 22 year old son totaled my car while I was on out of town for Christmas Vacation.

    I left my car to my son to pay bills while I was away. He drove my car and totaled it along with another car. He was cited for driving carelessly. I have full coverage insurance and contacted Geico and found out that I do have "permissible driving...

    Joseph’s Answer

    You should report the accident to Geico soon as that is a requirement under your policy/contract with Geico. You can also report it to Geico on-line. Go to Geico.com and login or register. Geico will contact you within days to take your recorded phone statement and also the phone statement of your son. It would be best to speak with a Florida personal injury attorney before giving the statement to Geico. Keep in mind that the worst part of the ordeal and now resolving the case could take some time. If your son had permission to drive your car the next question would be, does he reside with you and then, is he listed on the policy as a driver? When you applied for the insurance did you list him as residing with you on the insurance application? Some insurance companies allow you to exclude a specific driver from coverage to lower the premium but I have not seen that very often. When you do give the phone statement it's important to be truthful. If you don't have the full long form police report--Geico may have it and they will email or fax it to you on request. You should be able to find out a good deal of information at Geico.com

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  • I slid at target on tomato juices in the produce area and broke a bone in my foot and tore ligaments.

    I was in target slid on the juices from dropped tomatoes. It happened in the produce area in front of the hot food area. The target staff witnessed it and told me they had cleaned up the tomatoes themselves but hadn't wiped up all the inside juice...

    Joseph’s Answer

    You should contact an injury attorney and let him/her contact Target. If you talk with Target they will seem very friendly like they want to help and are concerned about your injury. Really, they are not. They will want to take your recorded statement hoping you will say something that helps their position. Sounds like Target knows you fell and your medical records will prove your injury but the question is are you able to show fault on Target's part. You, as the claimant, have the burden of proof to show, not just that you fell, but that you fell AND it is Target's fault. Those statements made after the fall by the Target staff are probably admissible and would support your claim that Target failed to clean the floor properly after they knew there was a spill.

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  • What is the FL statute that will allow me to ask the insurance company how much insurance coverage the other driver has?

    I was recently in an accident and it was recommended that I get this information from the at-fault parties insurance company. I have found the statute for other states but not Florida. Any assistance is appreciated!

    Joseph’s Answer

    Section 627.4137, Florida Statutes, requires an insurer to provide you with all of the documentation that Gabriel correctly set forth in his post. The statement is required to be under oath (sworn to) by the insurance company and must be provided withing 30 days. Sometimes insurance companies call and ask whether they can just send the declarations pages. Say no and ask for their formal compliance. They may also ask you for a phone interview or recorded statement and if they are the insurance company for the at-fault driver consult an injury lawyer before giving an interview. Your section 627.4137, F.S. letter is not required to be delivered by certified mail but if you send it certified, you will have proof it was received by the insurance company. The letter to the insurance company can even be hand written but save a copy for your file.

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