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Thomas Cicardi DeVoto

Thomas DeVoto’s Answers

7 total

  • Lab negligence ruins donor eggs during ivf cycle

    We recently went through our first donor cycle after failed ivf attempts. On the day of donors retrieval after eggs were retrieved I recieved a call from dr that due to construction in hospital the filtration system was compromised and the embryos...

    Thomas’s Answer

    I agree with my colleague Spencer. You definitely do not have a wrongful death case. I am not certain that the issue of "ownership" of frozen embryos has ever come up in Missouri, for example if you are divorced, who owns the embryos and if wife chose to have another IVF, is the baby the responsibility of the divorced father? I concur that they are likely to be viewed upon as "property" as strange as that my sound.

    Quite frankly, unless you have another hosptial lined up you might not want to scare them off by threatening a lawsuit that has very limited financial merit.. If I understand your post, it sound like the hospital is willing to compromise on the cost of the next IVF. If not, I would certainly ask that they do so.

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  • My car was totaled out by the hitter's ins co & they are trying to make me retain the car. Is this normal & what are my rights?

    I was hit & the hitter's insurance company is refusing to take the salvaged car. After many e-mails they finally told me that if they insured me they would retain the car, but since they don't insure me I have to retain the salvaged vehicle even t...

    Thomas’s Answer

    If your car was totalled and they are fully compensating you for it, it is bizzare that they don't want title to the car to sell it for salvage to reduce their loss. If they are unwilling to "total" the car, they do not want and are not entitled to get title to the car to sell it for salvage. You need to estable that they are indeed offering you "a total" loss settlment. They may also being trying to discount the settlement for any percieved fault on your part. Get the straight story from the hitter's insurance company. Ask them to put their offer in writing explaining exactly why they are offering whatever amount is at issue.

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  • Hi, am an F1 student currently going through some financial hardships. I lost my sponsor through a car accident last year and

    shortly after that I was in a car accident that costed me huge medical bills. Am still maintaining my F1 status but the huge financial burden is taking a heavy toil on me. I know about the student hardship application but even with the work permit...

    Thomas’s Answer

    if the car accident was not your fault, you may be able to to something about your huge financial burder. You will need to find a competent personal injury attorney to investigate your accident and advise you. However, I concur with my colleagues that there is likely no quick fix for your immigation status and you will need to seek the advice of a qualified immigraton attorney.

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  • Can i sue a car lot for lying about my car being in an accident before i bought it

    I bought a car from a dealer ship I asked them if it had been in any kind of accident before i bought it and they told me no, I purchased the vehicle a week later I was involved in a minor fender bender, when I took my car to the auto body shop to...

    Thomas’s Answer

    The short answer is "yes". I am not a California lawyer but information from such sources as CarFax were probably available to both of you. Many states have special laws to protect consumers from fraudulent transactions. I would be surprised if California did not. You need to contact an attorney who is knowledgeable about any special consumer fraud statutes that could be of assistance to you. You may or may not have to prove that the dealer knew of the damage before the sale depending upon any statutes that my apply.

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  • Car accident 2 and a half yrs ago

    I had a car accident along with my family 2 and a half years ago we got hit by a drunk driver and none of this was our fault me and my daughter were the only ones that suffered injuries. My daughter suffered an injury in her wrist where she didnt ...

    Thomas’s Answer

    I am not licensed in Kansas but I think Kansas has a two year statute of limitations to bring a claim. You need to IMMEDIATELY contact an attorney who specialized in personal injury in your area to determine whether the statute has run and if it has expired if there is any way to overcome the statute. Remember, I not a Kansas lawyer and I am "recollecting" what I have seen in some other matters when Kansas law becomes applicable in a Missouri case.

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  • My grandmother (my mom's mom) received social security death benefits, when my mom died (she died in an auto crash when I was 11

    I am now disabled and need some money to get by. I don't have the income to retain an attorney. What can I do if anything?

    Thomas’s Answer

    If you file for social security disability and if that is what you are referencing, often the social security admininstration will be required to pay your attorney's fees. You need to find a lawyer in your area who concentrates his/her practice on social security disability claims.

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