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Eric J. Parker
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Eric Parker’s Answers

87 total


  • Are insurance companies allowed to have allowed to have my prior medical records

    I was involved in accident on 07/31/14 but the insurance company wants prior records all the way from 1/1/12. Are they allowed to have those? The company that I'm speaking of is the insurance company of the person that rear ended me.

    Eric’s Answer

    Ultimately, they will have the right to get your prior records if you proceed into a lawsuit (as long as they are not totally unrelated records). At this point, they can only do it after you sign a medical records release authorization. It is up to you to decide whether you think there is enough chance that they are interested in resolving the case to allow them to get these additional records. If you provided information about the insurance company involved, a good personal injury attorney could probably tell you the odds that they are serious. In the end, I suspect you will need to hire someone.

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  • Don't the claims adjuster have to pay for my injuries from 4/31 and after

    I was rear ended in an accident on 4/31 and I sustained a torn rotator cuff injury but my rotator cuff was strained on 4/08 but was fine on 4/31.I have almost $40,000 in DR. Bills and the insurance company is trying not to pay me or my bills beca...

    Eric’s Answer

    This is a completely common dispute in personal injury cases. Most people over the age of about 25 have some aches and pains. Insurance companies will try to use that to deny you compensation. If your shoulder was made worse by the collision, you should be entitled to compensation. But - as the others have said - it is unlikely that you will get it without a fight. I'm afraid you will need a lawyer.

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  • Bedsore develop after hospital stay

    My husband was in the hospital for the back surgery. He is 58 yrs old and was mobile and working prior surgery. Day before he was released ( 5 day after surgery) we noticed wound on his lower back- tailbone. We informed nurse. Next day he was re...

    Eric’s Answer

    Bed sores are a serious problem, and with good monitoring and care, they should not develop. Once they do develop, they can be really serious and hard to get healed. You may have a case, and you can talk to an attorney about that down the road. For right now, though, you have a more serious problem. If the wound is not healing or is getting worse at home - you need to make changes in his care - possibly including at home nursing home care, or return to the hospital or a very good nursing home. Obviously, I'm not a doctor, but in my experience with these cases, the wounds are either healing or getting worse. Worse often leads to infection and bad problems. You generally have two years from the date of the negligence to bring a case. I would address the wound care issues immediately and consult a lawyer thereafter. I am sorry you are having to deal with this difficult issue.

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  • What will the mortgage company do with my moms house if she passes away?

    I'm paying for my moms house mortgage because she is out of work and no longer could afford it. She is the only one in the loan, what will happen if she passes away before the house is paid off? Can she do a 'will' allowing me to continue with t...

    Eric’s Answer

    There are several ways that she could protect your interest if she wants to do that. If it was her intention to transfer the house to you at her death, a fairly easy way to do it is through a Transfer on Death Instrument. it has the benefit of avoiding probate and being fairly inexpensive to prepare. If she was only interested in repaying amounts that you paid in mortgage payments, there are other ways that she could repay you that do not involve transferring the entire property. I think all o the options will require an attorney.

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  • Do I need a personal injury attorney now?

    I was recently sideswiped by a SUV who was attempting to turn into my lane and hit my passenger rear quarter panel area. A police report was made and the driver admitted fault to police. I was shaken up and ended up going to hospital a few hours l...

    Eric’s Answer

    Sorry to hear about your accident. I believe you are going to need a personal injury lawyer to resolve your case. If an insurance company is trying to resolve a case, and the client was not seriously injured, I have no problem telling people that they may be able to resolve the case on their own, without paying a lawyer. In this case, however, the combination of the insurance company involved and the medical bills that are piling up, I think you would have a hard time getting this resolved on your own. The most important thing is to make sure that you are able to get the treatment you need to get better. I would seek out a good, honest injury attorney sooner rather than later. Good luck.

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  • I was injured on a car accident and the other driver was at fault.

    And his insurance denied liability,can I still covered under my uninsured motor vehicle?

    Eric’s Answer

    The others are correct - you can't bring an uninsured claim in this situation. Fortunately, you have every right to pursue the insurance for the driver that caused the accident. Sadly, it is not unusual for them to deny responsibility. That is most of the reason that personal injury lawyers are in business. Based on the insurance company response, I think you will need to hire a lawyer. Good luck.

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  • Does a will allow a house to avoid probate or do you need a Trust and a Will to avoid having a house going through probate?

    Currently the house's title is in the name of the husband who is deceased, the wife is wondering if she needs to have a will, a will and a trust or nothing to avoid probate court.

    Eric’s Answer

    Hard to be certain without more information but it is likely that she will need to open a probate estate to get the house legally into her name. There is a second question about how she would transfer the house to her heirs without having it go through probate. There are several ways to accomplish that. A good probate lawyer should be able to sort this out for her fairly easily.

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  • My mother-in-law was injured in a car accident. Does she need a lawyer?

    Her auto insurance has paid for a new car and much of her medical expenses were covered by her regular medical insurance. The only expenses she incurred that haven't been covered are some lost wages and some out-of-pocket medical expenses (e.g. d...

    Eric’s Answer

    Many lawyers will undoubtedly tell you that she must hire a lawyer ASAP. That is not necessarily the case, but there are a few cautions. Losing the 1/3 fee to a lawyer is a significant amount. On the other hand, there are some costs involved in not having a lawyer. First, it can be hard to determine if they are making you a fair offer without some experience in the area. Second, they often make you an offer that does not include the amount of medical bills paid by insurance. They don't tell you that your health insurance company requires you to repay any amount that they paid out if you accept a settlement. Many of my clients started out believing the insurance company was being fair with them and later determined that they were not being so fair. Most injury lawyers will agree to a free consultation if you are uncertain.

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  • Would a personal injury settlement affect my ssa benefits

    I was in a car accident and I want to know if my personal injury settlement would affect my ssa benefits

    Eric’s Answer

    The main issue is whether you are receiving SSI benefits or SSDI benefits. SSDI (Social Security Disability Income) is not income dependent, and so a personal injury settlement should not affect your eligibility. Be sure to know which type of social security you are receiving and then discuss the details with your lawyer.

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  • My friend was killed riding his motorcycle. he was hit by a person making a left turn but he was speeding

    the lady admitted she thought she could beat him but from the police report and how the car was positioned it looked like she was trying to make an illegal u turn and she hit a pole. her insurance is denying liability what can we do here. I under...

    Eric’s Answer

    I usually try to provide as much of an answer as I can and to not just say "get a lawyer." In this case, however, the stakes are too big to mess around. Your friend's family will need a lawyer. There are things that can be done to help them.

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