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Stephen I. Lane
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Stephen Lane’s Answers

70 total


  • Ethical ? - PI CASE

    Initial date of policy demand letter was 6/1 with it expiring 30 days later. After some editing, the final letter was dated & sent to insurance company, 6/15. Paralegal was adamant 14 days wasn't sufficient time to review an extensive PI case & ca...

    Stephen’s Answer

    If this is the first time you've had this kind of a glitch with your attorney, and you've otherwise been happy with the relationship, I would suggest that you not get so caught up in this sort of technicality. I sincerely doubt it will have made any difference in the outcome. If the insurance company wants to settle your case, but feels that they are missing information, they will ask for more time to make their decision. They would not be considered to be acting in "bad faith" unless they have been unreasonable in their handling of the claim, regardless of how many days your attorney gives them to decide. If there is a pattern that tells you your lawyer is intentionally ignoring your desires, then it may be time to have a face-to-face conversation about it. The relationship between client and attorney is a very personal one, and both sides have to be able to be comfortable and have trust in the other for it to work well. If that's not the case for you, you should find new counsel, whom you do trust, to represent you.

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  • Do I have to worry about being sued?

    Today I filed a sexual harassment claim against my boss. I have phone and text records that prove all of my allegations are true. HR has suspended my boss but he continues to text me saying he's suing me for false accusations and I'm facing jail t...

    Stephen’s Answer

    I understand your concerns. You need to make absolutely certain that you save all of the texting and any evidence of communications between your boss and you...including responses to and from each of you, and give those to your attorney. You also need to stop all communications with your boss. If he calls, texts or emails you, do not respond. Save his attempts to reach or intimidate you and give those to your lawyer. Responding will only give him reason to think his bullying might be working, and may encourage him. It may also give him something he might be able to use himself against you. Just stop all contacts from your end, and let your attorney handle everything.

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  • I need to know if I have a scam or not

    I have talked with Kelly freeman from england who's dying and her husband left her money. She says god has drawed her toward me to give me the money to start a minisrty. I contacted her bank she has sent the batch number deposit form and all other...

    Stephen’s Answer

    Like the others, I too believe this is a scam. If you go to snopes.com you will find many similar schemes that have popped up over the years. How do you think these people found you, out of all the universe, to bless?

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  • Is there any thing to be done if my mother had a stroke while on dialysis?

    when I came to visit her i found her on a dialysis machine she was white and not responding to me the tech who was running the machine told me she was like that when she came in to start her dialysis an hour before i found out a little later on...

    Stephen’s Answer

    I'm sorry you and your mom are going through this difficult time. From your inquiry, I'm assuming your mom survived the stroke. In all malpractice cases, the party bringing the case has the burden of proving that the defendant(s) were negligent in the care they provided, and also that their negligence was a cause of the injuries suffered. It seems obvious that your mom should have been monitored more closely, but it's less clear as to whether that, or anything in the dialysis providers did, caused the stroke. It's possible the delayed attention allowed the stroke to cause more damage than it might have if prompt attention had been given. The only way anyone can assess the case is by reviewing all of the medical records, including those which reflected her condition beforehand. These are extremely expensive and difficult cases to pursue, and even if there was negligence, it usually isn't economically feasible to pursue unless there is a clearly significant injury that results from that negligence. You should obtain the records, and consult with an experienced medical malpractice attorney as soon as possible. They can give you guidance on determine the best course of action to take.

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  • I had 2 friends driving my truck and my 20 foot flat bed. They went to pick up a tractor for me.

    On the way back a semi didn't see them and ran them over, no one was hurt. But the trailer and truck are totaled. It was clearly the semi drivers fault. But his insurance company said they are not paying us because the semi driver is lying and sai...

    Stephen’s Answer

    You should contact your own insurance company and present a claim for the damage with them. They should pursue the other driver and his insurance carrier, and, if they are successful, will get you a reimbursement of your own deductible.

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  • Right facial paralysis due to lack of treatment for outer ear infection. Do I have a case?

    I received cuts to my fingers and ear after breaking up a dog fight. Fingers quickly became infected. Urgent aid gave me an IV of antb's and sent me home with 2 oral antib's. Next day my right ear swelled along with the lymph nodes in my neck. Wen...

    Stephen’s Answer

    You may very well have a basis for a case against the dog owner, and, as others have suggested, they would be responsible for all damages that resulted from the attack, including those which resulted from negligent medical care. Whether or not you have a med mal case that can be pursued depends on proving that the care was negligent and caused your injuries. Whether it should be pursued depends on whether your injuries and damages are severe enough to warrant the time and expense that will be spent if it is pursued. Your best bet is to consult with an experienced medical malpractice attorney to review both possible cases with you. While, technically both are "personal injury" cases, there is a significant benefit to your consulting with an attorney who regularly handles medical malpractice cases. They are far more complicated and difficult cases, and I think the skill sets work well for all personal injury cases. In any event, you should absolutely be consulting an attorney, preferably a malpractice attorney, to counsel you on these cases.

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  • Daughter in a car accident. Do I really need a lawyer?

    Daughter hit by a semi truck in the rear quarter panel of our van. It caused the van to spin around where he hit her two more times going down the expressway. She was in her lane and saw him coming in side mirror, kept watching with him gaining an...

    Stephen’s Answer

    You've been given sound advice by the other attorneys who've already answered. You're asking the question because you've already experienced something of what might happen if you're not being represented and counseled by an experienced and knowledgeable attorney. As you suggested, there are injuries which are subtle and can creep up insidiously over time. Unless you've had the proper training and experience, you're probably not even aware of what you should be looking for, the questions that need to be asked about both the accident as well as your daughter's injuries. The physics involved in a crash between a truck and car make it very plausible that there were extensive forces at play. I your daughter's case I'm not saying what injuries she does or doesn't have, but you need to be watchful of many things...mood changes, concentration, vision changes, changes in sensations, skin color and temperature, to name just some. They can all be signals of injuries which may not make themselves immediately known. There is no reason whatsoever to trust that the trucking company or its insurer will be looking out for your daughter's interest. They have one, and only one concern...how can they pay out as little as possible on the claim. Period. End of story. On the other hand, if you have an attorney, his or her interests are completely the same as yours. You and your daughter should consult with an experienced and knowledgeable personal injury attorney as soon as possible. The more time that goes by, the greater the chance for missing or losing potential evidence or witnesses. Neither you nor your daughter should have any communications with the truck company, it's driver or its insurance company. You need to understand how committed they are about their only purpose.

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  • This lady hit me in the city her insurance won't call me back? Can I sue?

    It's been two weeks. I was driving in Chicago this lady tried to merge right from the left lane and merged right into me. I filed a claim with her insurance 2 weeks ago called numerous times and they won't call me back.

    Stephen’s Answer

    I know it's painful and frustrating to be in your shoes. If you weren't injured, you are far better off, and will be much less frustrated if you just present the claim through your own insurance company. Your insurance company has a contractual and statutory obligation to deal fairly and in a timely manner with you. They can get your car repaired, and will go after the other driver to recover their expense for repairs, and will also try to recover your deductible. If you were injured injured, you should speak with an experienced personal injury attorney as soon as possible. In any event, you certainly should not have any further personal contact or communications with the other driver or his insurance company, unless you were not injured and you have no collision coverage yourself.

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  • I was hit by a police car while driving through an intersection and he did not yield, he admitted at the seen he did not yield

    do i have right to sue

    Stephen’s Answer

    There are a number of factors that would go into the question you've asked. You didn't mention whether or not you were injured. The question I'd ask you is what you're suing for? If you were not injured, then even if you had a right to sue, it wouldn't make economic sense to. If your car was damaged, it's far easier to get it fixed by your own insurance carrier. If you were injured, the nature and extent of your injuries will factor in on the decision of whether you should bring the case. If the police were in an emergency procedure, they have certain protocols they are supposed to follow. The polic are protected from civil suits in some cases by statutory immunities, but there are exceptions, and in the right circumstances, they can be held accountable for damages. Unless there were no injuries, you really need to consult with an experienced personal injury right away. There are many forms of evidence which can be lost if they aren't preserved, and a shorter time limit to bring the action than other kinds of cases.

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  • Is too great a femoral offset which needs revision mal practice?

    I have been in worse pain since my hip replacement in Dec 13 than before. Recent 2nd opinion says the femoral offset is too great, that I have some hyper-mobility and that the plus 4 head should be revised to zero. My consultant concedes this may ...

    Stephen’s Answer

    I'm sorry you're going through this. Having gone through several knee replacements myself, I'm sure that you're going through a very difficult time. However, from what you describe, it also sounds like you have options available to you to correct the problems. I suggest that you consult with another orthopedist to see what if any options are available to you. Having said that, the question of whether you can or should bring a malpractice case is answered in part by the determination of what damage you have suffered as a result of any negligence in your medical care. Assuming that it was negligent surgery in the first place, if your problems can be corrected, it's probably not economically feasible to pursue your case. If the problems are the result of a defective implant, then I think it would be worth investigating and pursuing a claim against the manufacturer. The fact is, to know anything about what actions to take, either medically or legally, you must get to the root of the question of what is actually causing your problems. Once you have that answer, you should gather all of your records, including all radiology imaging, x-rats, etc. and consult with an experienced medical malpractice attorney. He or she can review your circumstances and records with you and help you decide what the best course of action would be to take.

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