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James William Guarnieri Jr.
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James Guarnieri’s Answers

60 total


  • My adult son was attack and stabbed along with two other people. Now he is out a job and cant support himself.

    It was Largo fl. June 28th they caught the guy. He is in custody. Is there anyway he can receive compensation?

    James’s Answer

    Unless the attacker has assets or unless you can make some case against, for instance, a business for something like negligent security, his best bets are victim's services through the state. Go here for more info: http://myfloridalegal.com/victims

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  • My Son was Hit by a car owned to a small business, She was over the speed limit and was try to run away until

    she realized my neighbor was watching the Kids while they were playing and he waved at her to stop. she fractured both legs of my son with 4 fractures on 2 legs. we called the 911 and while the chaos she spoke the police and the report was made ...

    James’s Answer

    Yes, there is the possibility of getting more. First of all, if she was in a vehicle owned by the business, the business itself would have liability. Second, since she was driving she has personal liability as well. You should hire an attorney immediately to explore the different options of pursuing insurance between the business and the individual. That attorney could also determine whether the business has reachable assets against which you could try and collect.

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  • My daughter and her fiancé were passengers in their friend's car. We're not sure how to proceed. Neither of them has insurance.

    My daughter was hurt. She has pain in her back, shoulder and neck. Her fiancé has pain in his hip. Neither of them have medical insurance, and neither has a car, so they don't have car insurance. The accident happened on Saturday night. They didn...

    James’s Answer

    They should get PIP from the friend's policy. Potentially uninsured motorist coverage as well. If the friend was at fault, they might be able to claim on the liability coverage on his/her policy. The first step is to get a medical evaluation. An attorney will be able to help in making sure that, if coverage is available, your daughter would not be out of pocket on medical expenses or wage loss.

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  • No pre-existing condition or no pre-existing symptomatic?

    My friend's mother sustained knee injuries in a car accident. Now she has knee pain. The MRI reveals early inflammatory arthritis but she never had any symptoms before the car accident. Neither did she see any orthopedics before. Should she reque...

    James’s Answer

    Depending on when the MRI was taken, the doctor may not be able to say that there was no pre-existing injury. He may or she may only be able to say that whatever condition was there was asymptomatic (per history). Even if there is a latent condition which is not symptomatic but which is caused to be symptomatic by an accident, it is still a recoverable injury.

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  • I was recently injured in a rear end collision by an at fault driver. Can somebody please advice me what to do?

    Hello, I was a victim of a rear end collision this past Tuesday. The driver had cut off a few drivers and crashed into me(stopped at stop light) traveling approximately 40 mph. I was able to get out of my car to check to see if the other driver wa...

    James’s Answer

    It sounds like you have a clear case against this woman, especially with the witness statements. You should seek representation as soon as you can because of time limits involved in automobile accidents if you want your insurance to pay medical bills.

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  • My ex boy friend beat me up when he was intoxicated, can i sue him for injuries, he offered me 10,000 if i didn't call the law.

    during a drinking binge he assaulted me . he gets very angry at these times but not when hes sober. i need to leave him i know, i do not have any family and i am all alone with no job or a way out. please help .

    James’s Answer

    Well, the answer to your question is yes, you can sue him for battery. More importantly, however, you should remove yourself from that situation. Seek out a local women's group... many have shelters where you can stay and can help with things like finding jobs.

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  • Can I sue a physician for operating on the wrong site? The office doesn't carry malpractice insurance?

    It was an outpatient procedure, gland was suppose to be removed from the left side, yet it was removed from the right. The physician even asked me to confirm the site before I was sedated.

    James’s Answer

    Whether you can sue, whether you will recover, and, importantly, whether you can collect a potential award are three separate questions. You can almost always sue (subject to some technical requirements for medical malpractice cases. Wrong-side surgery cases are also typically easier to prove and get awards on because they are easily objectively verifiable. Even if the doctor has no insurance, there may be others who could have responsibility (nurses, facilities, etc.). Whether you can collect, however, is a matter best left to the attorney who looks at the case. That will depend on the particular doctor and practice.

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  • Can someone sue for a car accident personally after the insurance settlement check has been accpeted?

    Had to go to a deposition over two years after the accident.

    James’s Answer

    You need to contact whatever insurance carrier you had at the time. If they got you a release they should defend you. If they don't for some reason, contact another lawyer to find out what's going on.

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  • Does the plaintiff in a pi case after jury verdict 50/50 sign any reduction bills provided by Drs , Hospital etc. ?

    Should your Atty inform you of each and every reduced medical bill ? And if so do i sign anything after these negotiations to finalize ?

    James’s Answer

    Typically every reduction is signed by the provider (since they are the ones agreeing to reduce their bill). You will typically see the amount of the bill and reduction on your closing statement, which you have to review, approve and sign prior to disbursement of the settlement. Note that providers are not bound by a 50/50 settlement...

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  • Rear end crash.

    I was rear ended while sitting at a red light, I was the passanger in my own car, my boyfriend was driving. we are on the same insurance policy with geico. The guy that rear ended us said that he "Did not see us". So far my injuries are whiplash, ...

    James’s Answer

    Having a number like that depends on many factors. Your medical history, the recommendations for future care, facts about the impact, wage information and even the location where your case would be potentially be tried can have large effect on the expected outcome. These are questions best posed to your current attorney.

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