Skip to main content
Jack Alan Kramer

Jack Kramer’s Answers

34 total

  • Im getting divorced, my husband may receive a large sum of money from a malpractice suit, am I entitled to half of this money

    We were married when he started the suit.

    Jack’s Answer

    This question is better asked if a family law/divorce attorney.

    See question 
  • My sister was injured, being hit by a car in 2013. The insurance has been ordered to pay most recently in a trial by jury.

    The company still won't pay, what can be done?

    Jack’s Answer

    There are a few different ways an insurance company can be forced to pay. Your question states that that insurance company was ordered to pay by the jury - so I presume the insurance company was a party to the case (perhaps an underinsured or uninsured case). If that is the case, insurance companies generally do pay judgments they are ordered to pay. Questions that come to mind are: Is there a pending appeal and the insurance company has stayed enforcement of the judgement? Is there some sort of coverage question remaining to be determined? You need to consult with an attorney who handles personal injury and insurance cases.

    See question 
  • I was hit by a drunk driver, if I sue for and win punitive damages, will their insurance cover those as well?

    A couple of months ago I was hit by a drunk driver at a red light. The driver was at twice the legal limit and has a prior drunk driving conviction, so I think it might be worth trying to get punitive damages against them at trial or at least to b...

    Jack’s Answer

    Every insurance policy I have ever seen excludes punitive damages from coverage. Moreover, there is case law stating that it is against public policy to allow for insurance to cover punitives. I have done lots of these types of cases and I have never seen punitive damages covered. To be certain however, you should contact an attorney who can review the policy at issue and the specific facts of your case. There are ways to leverage the punitive claim to make the most of your compensatory claim (which is likely covered).

    See question 
  • Pediatrician did not complete eye check on newborn during initial screen, but marked no issues on chart. Infant had obvious...

    eye issues. When asked about our concerns with lack of tracking, white reflexes, and obvious cataracts the pediatrician dismissed us. Another dr a week later finally listened to us. Fast forward, infant was born blind. Surgeon who attempted to co...

    Jack’s Answer

    If an eye exam was not performed and that caused the inability to repair the blindness, there may be a case. However, these cases are VERY fact sensitive and a careful review the chart is necessary. You will want to consult with a med Mal attorney who has experience and who works with qualified consultants that will review the case. Avvo has several med mark attorneys with good ratings. Many med Mal attorneys practice throughout the entire state of the cases warrant it.

    See question 
  • Semi crash no airbag deployment. lawsuit?

    Truck driver slid on rainy road swerving to avoid animal. Semi rolled on passenger side, no airbag deployed. Fractured vertebrae and broken sternum. Any suit available??

    Jack’s Answer

    Need more facts about how this happened to answer your question. Where you the truck driver? A passenger in the truck? In another vehicle hit by the truck? Give me some more details about what happened.

    See question 
  • Can I sue a Nurse practitioner(s) over failing to properly treat an ear infection?

    I brought my daughter to the NP 4 different times over a month with the same symptoms each time they stated she had an ear infection and would put her on an antibiotic. On the 5th time that I went to the office I demanded to see a doctor and he im...

    Jack’s Answer

    A nurse practitioner can be sued for malpractice just as any other health care provider. Most likely, the NP is what is known as a "qualified health care provider" which simply means the malpractice claims against he NP will be controlled by Indiana's Medical Malpractice Act. When I look at cases like this, I try to make at least a preliminary determination on whether the case has merit by carefully reviewing all of the medical records, the documentation and specifically what was done (or not done) in response to what symptoms and presentation. I would also likely consult with medical experts I have worked with on other cases to obtain their impression. I would strongly suggest contacting a medical malpractice attorney to review your case.

    See question 
  • How do I file a medical malpractice suit

    My long time companion of over 10 years was diagnosed with crohns in June of this year. She died sept. 6 how do I know if I have a case ?

    Jack’s Answer

    You should consult a medical malpractice attorney. They will obtain the medical records and evaluate the merits of the case.
    In your question - you mention this person was your companion (does that mean married?). That could have serious implications on whether you have case.

    See question 
  • Lawsuit eligibility....???

    Would I have a justifiable claim here...... I had surgery done on my left tibia. Was released from the hospital without blood thinners. Developed pain and swelling in my (starting with and progressing to) ankle, then my calf, then my thigh. I ...

    Jack’s Answer

    You may have a claim. Whether this truly was a breach of the standard of care will depend on the specific info in your medical records. You should consult with an attorney who does medical malpractice.

    See question 
  • I was involved in an auto accident in which the other driver is 100% at fault. I was knocked unconscious for 10-15minutes

    I was taken to the ER and went through the tests and released. I haven't returned yo work as yet and am still having headaches and I can't turn my head as the pain in my shoulders and neck is preventing it. Is that enough for a case against the ot...

    Jack’s Answer

    The two primary questions in evaluating a personal injury case are: (1) Who was responsible for whatever happened (e.g. car accident, etc...); and (2) How bad are the injuries from that event? If the other driver is 100% responsible, then the issue is how bad are your injuries from the crash. In this regard, it is very important to see your doctors and follow their advise. This will not only help you recover faster, but it will also document your injuries in the medical records.

    If the other driver had insurance, then his/her insurance carrier will likely defend any lawsuit brought by you and will likely pay the judgment or settlement (up to the insurance policy limits). If the person who caused the crash did not have insurance (or enough insurance), then you need to consider your own auto insurance (i.e. underinsured or uninsured coverage).

    See question 
  • Do i have a mal practice case, at age 50 my dr didnt request a colon screening

    A year or two later i gave alot of symptoms of colon cancer nd they told me i had hymroids nd still did no colon screening. My insurance changed at work had to get new dr, she askd if i had colonosopy told her no she sent me for colonoscopy to fin...

    Jack’s Answer

    You should consult with an attorney. You may have a delayed diagnosis and/or failure to test case. I have done a few of these types of cases and they are very fact specific.

    See question