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James Magazine’s Answers

317 total


  • Is an off duty Sheriffs Deputy immune from prosecution after leaving the scene of an accident they were involved in?

    There were injuries. State police did not arrest Deputy after finding hours later. There were witnesses of Deputy leaving the scene.

    James’s Answer

    absolutely not, in fact that raises questions about what was going on with him as a police officer is trained to stay at the scene and control it.

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  • I need to know if I have grounds for malpractice.

    I was talked into having an I.V. shot of "Reclast" a few months ago by an endocrinologist. I was terribly sick afterwards for several weeks. I called the doctor's office several times. His medical assistant said that I might have meningitis (sever...

    James’s Answer

    the standard for malpractice is whether or not there was a deviation for the standard of care and whether or not as a result of the same you have sustained permanent injuries. i strongly suggest that you get treated for your condition and properly diagnosed before you consider any type of suit. once you are stable and your condition has been diagnosed and a determination as to whether or not you have sustained permanent damages then you can decide if you have a malpractice case

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  • Should I get a personal injury attorney or try to negotiate with Geico myself?

    My husband and son were hit by a 17 year old girl making a left turn. She was cited by the police and is at fault. My husband suffered sever injuries, resulting in removal of his spleen, a collapsed lung, internal bleeding, blood transfusion and...

    James’s Answer

    i strongly suggest that you retain counsel your husband has serious injuries and i am not sure that geico may treat you fairly. furthermore you need to get advice on the bad faith laws in your state, Geico may have already committed bad faith. furthermore you need to look at your own auto policy to see if you carry uninsured/underinsured motorist coverage and you need advice on how that coverage applies in your state

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  • A question for Personal Injury Attorneys dealing with expert witnesses?

    Do medical experts have to create a report for their diagnosis. The issue is that we are going to trial. One of the experts which the defendant may call has not created an expert report for his medical diagnosis of our client. The policy limits...

    James’s Answer

    it depends what your trial order says, but probably not. i would strongly suggest that you depose this doctor to lock him in so that he cannot stray at trial. also with a small policy limits the idea should be to bust the policy and go for extra contractual damages

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  • Am I required to go to Independent Medical Exam ?Car accident 6 months ago, and have been seeing PT ( paid for by insurance)

    Was rear-ended in august 29 201 ( other individuals fault) in NH. My insurance company has been covering PT visits ( was 1/week...now 1/every other week). They have been paying for visits, and I have not been notified of any problems. But, last ...

    James’s Answer

    under the terms of your PIP policy you are required to attend an IME scheduled by your insurance company. if you do not attend they may suspend your benefits for failure to cooperate. i would suggest that you contact a personal injury attorney in your area to guide you

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  • Who will handle at fault cases?

    I was at a gas station trying to merge on to the road. There is a car in front of me, which while merging into the left lane stopped. I was looking at the traffic to my left and tried to merged on to the road. Doing so, I rear ended this stopped c...

    James’s Answer

    you need to make sure that your insurance companies tenders your policy limits. under florida law your insurance company has a fiduciary duty to protect you within your policy limits if they knew or should have known that the case could have been settled within the same. if your insurance company fails to protect you they could be found in bad faith and would be responsible for the damages in excess of the policy limits

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  • Florida has no fault insurance policy,whos at fault in following

    responsible for damage cars and at fault,guilty in the following scenerio.Driver failds to yield,violates rigth of way ,by turning left, causing an accident with another driver driving oncoming southbound traffic.In addition what are the consequ...

    James’s Answer

    the driver that violates ones right of way is responsible for the accident, in the state of florida we have no fault benefits which means no matter whose fault the accident is your own personal automobile insurance is responsible for your medical bills under your PIP coverage. the at fault driver if they carry bodily injury coverage would be responsible for your injuries and if you have Uninsured/underinsured motorist coverage that would protect you if the at fault driver does not carry sufficient BI coverage

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  • Is it true the an auto accident lawyer of persoanl injuries also take care of person property damage for the car at no additiona

    in others words if car is totaled or needs repair the check the insurance gives you for the car is for the owner of the car and the lawyers take no percentage of that of charges you for auto dispute the only charge and take a percentage for settle...

    James’s Answer

    that should be the case, helping the plaintiff with property damage should be done at no cost to the plaintiff

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  • I was bitten by bed bugs at a hotel on my vacation with my wife. I recorded and photographed the bed bugs and my injuries.

    I also went to the ER because the bites were so bad. I also have witnesses. I contacted the GM of the hotel and he was rude about the situation. I immediately switched hotels and the manager of the new hotel identified my injuries as bed bug bites...

    James’s Answer

    you have documented your case well, make sure you make a number of copies of the photo's, i would consult an attorney as it is clear that the hotel is not interested in resolving this problem on an amicable basis. i would also hold a news conference to get some attention

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  • My son was hit by a vehicle while crossing in the crosswalk. Driver was sited. my son doesn't have insurance who pays? In FL.

    He has brain injury , needs therapy for memory issues , more Cat Scans to watch the bleeding on the brain . Two cracked vertebra , hurt neck with cuts and bruises all over . Florida is a no fault state . Does that mean he will have to pay th...

    James’s Answer

    the vehcile that hit your son has what is called PIP or no fault coverage and that is 10k worth of medical coverage, the next thing that needs to be determined is whether or not the driver of the at fault vehicle has bodily injury coverage and what is that amount. since your son has no car we need to know if he lives with a relative who owns a vehicle that has uninsured/underinsured motorist coverage. it is clear that your son needs retain counsel to protect his rights

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