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Peter Scott Van Keuren

Peter Van Keuren’s Answers

186 total


  • I have a pacemaker/defiblerator and was shocked in motel swimming pool due to bad electrical grounding.

    I went to e.r., and when medtronics read pacemaker it showed disturbance for over a minute. Do I have a lawsuit?

    Peter’s Answer

    A lawsuit is a complex and uncertain way to resolve issues and disputes that arise between people. Unfortunately, many people think of lawsuits before anything else. Before you consider a lawsuit, you should determine if you are in fact injured and what the extent of your damages might be. You should speak to a local personal injury attorney and discuss your issues. This is not really an appropriate forum for the evaluation of your potential claim.

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  • I live in Florida, and want to sue someone living in California in an unlimited civil case?

    Person has no property or assets in Florida. We made partial verbal agreements while they were visiting Florida, and finished remaining verbal agreements when she returned to California. Which jurisdiction do I do it in for breach of contract? Is ...

    Peter’s Answer

    • Selected as best answer

    It appears from the facts you have given, that is, that they personally traveled to Florida and engaged in negotiations of the deal in Florida might satisfy the "sufficient minimum contacts" test to subject the other person to jurisdiction in Florida. As your contract is oral, there is no contractual venue provision to worry about, and so , if the contract was made in Florida, or if the other parties performance of the contract was to occur in Florida (such as maybe delivering payment to you in Florida), you can pursue your case in a Florida court.

    It is possible however for the defendant to move to transfer the case as a result of the "inconvenient" forum. That issue can be complex for a non-lawyer to address. I therefore recommend you seek counsel to assist you in this matter.

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  • Is it worth getting a lawyer who handles a case where a contractor has over charged by $5000? What type of lawyer do I need?

    We hired a contractor to help with home repairs after a pipe broke under our kitchen sink. Most of the work is completed. The contractor has provided 11 invoices where there are multiple charges for the same item and charges for work that was not ...

    Peter’s Answer

    You should speak to a local attorney who handles either construction or contract litigation. You should also not pay the contractor anymore money until they meet with you at the job-site to review the bills. Double billing is not something you are responsible to pay.

    If, however, the scope of the job changed and necessitated additions or changes to the work, you might be liable for the additional charges. you need someone to sit with you and review these issues. The money you spend on a consultation will be money well spent and could save you much more. in addition, if you end up litigating, you will benefit from having counsel's assistance from the beginning.

    You may also be entitled to recover your attorneys fees if you are successful if your contract so provides.

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  • Could I be sued?

    Hello, I was recently in a car accident. A car in front of me rear ended a car in front of him, it was raining and there was a large pool of water right wear their accident was. I was unable to stop and I rear ended the second guy, my car spun fr...

    Peter’s Answer

    You will most likely be named as a defendant in any lawsuit that might arise out of this situation. As a following driver you have a responsibility to maintain a proper speed and distance and to anticipate these types of emergencies as they arise frequently. Your insurance company is obligated to defend you and provide competent counsel to handle the case against you. Let them handle it. They will attempt to resolve all claims against you within your policy limits.

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  • Should I file a counterclaim against a pending lawsuit before the pretrial conference or after to see if it can be settled then.

    I was sued under Florida statue 83.49(3(a) because the notice of deductions from the security deposit was not in a proper format. I am to appear for a pretrial conference which I understand is to try and get the parties to settle the dispute. I ...

    Peter’s Answer

    You will be better off filing it before the pretrial conference. After the conference some judges might require a motion for leave to file the counter-claim. Now you can file it without leave of court. It also helps to put all the issues on the table so when the case is mediated at the pre-trial conference, the parties have the ability to settle the entire dispute and evaluate all of the possible options.

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  • Did I lose my rights to litigation when I signed an Arbitration Agreement?

    I bought a vehicle in March and have now come to find out it has frame damage due to rust that was undisclosed to me at the time of sale. I want to take action against the used car dealer on this matter. The car was sold to me "as-is" with a 30 da...

    Peter’s Answer

    You are probably bound by that language, however, you are not precluded from filing suit in court. If the other side wishes to arbitrate, they can file a motion to compel arbitration and the court will construe the language and decide what it means. A party must move to compel arbitration right away, however, or the right to make such a demand may be waived.

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  • I own an empty lot, but their is a personal judgement against me, no liens. will the judgement attach to that property?

    i have my home, but their is a judgment against me for a second mortgage i took out on the home itself. the lot in question is paid for and last time i checked there were no liens on it. i have a buyer for this lot

    Peter’s Answer

    The judgment, if properly recorded will constitute a lien upon the empty lot and the title company will require that the lien be paid out of the closing proceeds. Even if the judgment is not properly recorded, you will most likely be required to disclose the judgment to the title company and then address your obligation out of the proceeds of the sale.

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  • How accurate is a crash report about a single vehicle crash into a tree

    I crashed into a tree the accident report from insurer say they don't believe it happened with those trees it was a lying stump that did it

    Peter’s Answer

    When officers complete crash reports they generally rely on the information told to them as they rarely witness the event described in the report. Therefore, in a single car incident, assuming there are no witnesses, the reports accuracy will depend on the accuracy of the information you reported.

    Crash reports are not admissible in civil trials and therefore, the insurance company will not be able to rely upon or introduce the report into evidence if the case goes to trial.

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  • Will the insurance increase

    Hi, I was involved in car accident.The other person is liable.Police report confirms that other person is at fault 100%.If her insurance will not cover the damage losses.If my insurance will pay the car repairs and i will pay the deductible.Wi...

    Peter’s Answer

    Theoretically your rates should not increase due to a payout when you are not in any way responsible. There are no guarantees that the rates won't be higher on your next renewal. I advise people shop their insurance every 6-12 months. You will find that your rates will creep up the longer you stay with a particular insurer. You can save yourself money by shopping the rates frequently.

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  • Need help about liability in car accident

    Hi, Recently i got into an accident.Other party is at fault.She has violated Red and bumped into my car.Police report has came as other party is 100% fault.The other party's insurance is dragging the situation and not confirming liability.They...

    Peter’s Answer

    You need to consult a local attorney. You cannot compel an insurance company to pay when they won't make an offer unless you file suit. Typically, the insurance company only offers 50% to settle such claims always claiming a liability split. You also need to be sure you will not be pursuing a claim for injury as a suit for property damages only will preclude a later suit for injury.

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