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David J. McCormick

David McCormick’s Answers

5,040 total


  • How can i get the insurance company to continue disability pay as i wait for the resolution to this problem ?

    while on a temp. position in california: broke my left heel at work. torn tendon in right foot. left foot surgery but still mending, right foot waiting to be fixed. dr. said i could return to work. insurance company won't pay any more disabili...

    David’s Answer

    I agree with Atty. Halstead. If you cannot do any type of work given your condition then your doctor needs to change your work restrictions.

    Good luck.

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  • What are my options?

    My husband has recently passed away and our life insurance policy doesnt want to pay due to the fact that they think we were not honest However we were completley and totally honest and it was the insurance rep that filled out the paperwork!!!

    David’s Answer

    Sorry to hear about your loss.

    You need to talk with a local attorney that specializes in life insurance matters ASAP because things will only drag on and get worse for you.

    Good luck.

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  • Who is at fault?

    My husband was backing the car out of the driveway. He looked over both shoulders and made sure it was safe to begin backing out. While he was in the process of backing out, one of his friends pulled into our driveway at the exact same time. They ...

    David’s Answer

    If it just a property damage situation let the insurance companies fight it out. That's why you pay your premuims.

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  • Do I have a basis to sue the company of the seat cover?

    Installing a seat cover on my back seat and the little plastic clip that comes with them, after hooked on the car seat anchor in the back dash and hooked to the elastic strap on the seat cover came back and hit me in the front of the middle of my ...

    David’s Answer

    Sorry to hear about your injury.
    The short answer is maybe. Did the strap break and then hit you in the eye?Do you still have the seat cover, sales receipt and all the packaging material? If not, your case could be doomed.

    Always keep all product information and talk with an attorney.

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  • My friend was driving my car and he met an accident....car is damaged...he had some injuries...car title & insurance on my name

    I have given my car to a friend for 1 week and He met an accident. Car title and insurance is in my name. Who will be responsible for damages? He was backing up the car and he hit the another party..he accepted his mistake..and he gave my insuranc...

    David’s Answer

    Does your friend have insurance? If not, then because your friend was using your car with your permission, your insurance will pay for the damage to the other car.

    If you want to have your car damage repaired, then you will have to pay your deductible and the remainder of the repairs will be paid by your insurance, or you can have your car repaired by your friend's car insurance company.

    Good luck.

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  • Does anyone need to know about lump payout from a WC claim. Never received payments from wc just insurance co settlement?

    My sister recently got a lump sum payout from a workers compensation claim. She never recieved workers compensation on a weekly basis because the insurance carrier sent her to an "ime" and her claim was denied. She hired a wc lawyer and agreed wit...

    David’s Answer

    While a worker's comp. settlement is non taxable, your sister needs to talk with her attorney ASAP about how the settlement impacts her food stamps and SSI.

    Good luck.

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  • Do I need to talk with or disclose any information to a nurse case manager for a workers compensation claim in Wisconsin?

    Do I have a legal right not to talk to a nurse case manager?

    David’s Answer

    You need to know that the nurse case manager (ncm) is not your friend. They work for the worker’s comp. carrier and want to get you back to work in some capacity as fast as possible. Also, they usually schedule your appointments at times that are convenient with their schedules, not yours.

    Do not let the ncm into the exam room with you. Have them sit out in the waiting room and wait for the doctor.

    I agree, you are under no obligation to cooperate with the ncm.

    Good luck.

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  • Do paralegals write demands for car accidents?

    My paralegal said she was getting ready to write the demand?

    David’s Answer

    You should be asking your attorney this question.

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  • I had surgery and mistakes were made by the surgeon

    Went in for knee replacement surgery on 7-1-2015. Vendor brought the wrong piece and surgeon cut my MCL and nicked a nerve. Recovery has been slow and I drained my saving and lost my job because I was unable to return to work in a timely manor. Is...

    David’s Answer

    Sorry to hear about your situation. While it appears that the surgeon may have violated the standard of care, the real problem with your case is the potential damages. Since you are still alive, not crippled or in a vegetative state, I would say that you will be hard pressed to find an attorney to take your case because of the damages issue.

    Doctors are winning upwards of 80% of the medical malpractice cases filed in Wisconsin. That, coupled with favorable jury instructions, the fact that almost no Wisconsin doctors will testify against their fellow doctors make medical malpractice cases some of the most expensive cases to try as a plaintiff’s attorney because we have to hire expensive out-of-state experts. On top of that we have the tort-reform damages caps to deal with. Bottom line, a case must have a potential of hundreds of thousands of dollars in damages before most attorneys will even consider looking at it.

    Lastly, we have our Walkerized Supreme Court, which could easily take away any verdict you may win on appeal given their pro business/insurance decisions.

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  • Can a job try to fire you while you are on workers comp?

    Been on workers comp twice. Been trying to find other things to fire me for so they won't have to pay for workers comp.

    David’s Answer

    Wisconsin is an at will employment state, which means your employer can fire you for any non-discriminatory reason. That said, they cannot fire you for being on worker’s comp. because they could be on the hook for various monetary penalties.

    If you are fired then contact a local worker’s comp. attorney ASAP.

    Good luck.

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