Patrick St George Cousins's Answers

Could this be negligence?

I am sorry to hear about your mother's situation. You should contact an attorney that focuses their practice in the medical malpractice field for a consultation. A medical malpractice case requires, in part, an affidavit from a medical doctor who works in the same field as the doctor you seek to sue. The affidavit has to state in essence that the doctor your seek to sue has fallen below the standard of care . You will also need to prove a damage that flowed from the alleged malpractice. I...

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My husband asked me to pull his hospital reports from his surgeries and mail them to his malpractice attorney he got pissed at

I would like to help you. Please explain who got upset with you and who called the police? Also, where did you get your husband's medical records from? Thank you and I look forward to your reply so that I may possibly be in a position to help you.

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Regarding topics & questions in a PI case what can the defence ask the injured party at trial that are unrelated to the case?

I can appreciate your concerns, however, the questions that can be asked must relate to your case. The defendant can ask you questions which relate to your injury, prior accidents, or your prior medical history that may relate to your claimed injuries. STD's and spelling tests do not appear to be relevant. Secure a lawyer experienced in personal injury and that lawyer will help prepare you and represent you for your case. I wish you the best.

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Does the lemon law in florida apply to to pre-owned certified cars?

Please advise whether you purchased the vehicle from another consumer or from the dealership. This will help me answer your question. I await your response. Thank you.

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Should I file a Motion to Dismiss or a Motion for Summary based on Plf failure 2 state a cause of action?

I do not have all the facts but if a cause of action is based on a statute that does not exist, then a motion to dismiss would be favorable. However, you may be at a point in the pleadings that a motion to dismiss may be viewed by the judge as untimely. The requirements for a motion for summary judgment are strict but again, if the claims against you are based on a statute that does not exist, you should be on solid ground. I know that you have stated that you have no money for a lawyer....

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Florida Deposition

A deponent takes an oath to speak the truth during the deposition. If that deponent lies during a deposition then the deponent can be impeached with their own deposition testimony. Since the attorney is not the one answering the questions, he cannot control what his client says during the deposition. Please let me know the specific situation and I can go further in depth with my answer. I look forward to hearing from you.

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My son had small accident with another person; hit her back bumper in traffic. no police report was filed.

I agree with the statements of the other attorneys that have responded to your question. Hopefully your son had insurance at the time of the accident that will provide him with coverage for the accident. The lady that is claiming an injury still has to prove that injury. Arguably she will have to treat with a medical care provider and ultimately will need to show either a permanent injury or unpaid medical bills to establish a claim for damages. If your son did not have insurance at the...

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I just bought a used chevy suburban and the transmission went out is there somethin i can do so i dont have to pay 1/2 the repai

Did you purchase a warranty? What year is the vehicle? If you give me this information I may be able to give you information to help you with your issue. The contract you signed may also provide for an arbitration if you have an issue with the dealership. I look forward to hearing back from you.

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Should Thrifty Car Rental have to provide proof for loss of use and dimuntion of value in their claim?

You are entitled to the proof. Have you requested the proof in writing? If not, I would do so via certified mail and give the insurance company 15 days to respond. Look into your policy to see if there is a mediation clause that covers this type of situation. This may also help you get the matter resolved. If you still have not received an answer, seek the assistance of an attorney in your area that may help. Call your local Bar Association for the name of an attorney near you.

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I was involved in a car accident, four cars total. I would like to know who is at fault.

You have a good argument that car 1 is at fault because you got cut off. Even though you hit car 1 in the rear, it is not automatic that you are at fault. Were there any witnesses to the accident? Call your insurance company so that they can help you find a lawyer based on whatever insurance coverage you have. If you do not have insurance then secure a good defense attorney. I wish you the best.

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