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Brett Ashley Emison

Brett Emison’s Answers

6 total

  • Totoya Lawsuit

    I was recently involved in a toyata accident, I am looking to join a toyota lawsuit in the Michiana Area. My car is registered in the state of Michigan. Is there any information regarding joining toyota lawsuits. Please advise. Thank you

    Brett’s Answer

    In addition to seeking legal help, you should report the defect you experienced to the National Highway Traffic Safety Administration (NHTSA) Office of Defect Investigation (ODI) to make sure that federal safety experts know about your defect claim. You can report the defect online at: http://www-odi.nhtsa.dot.gov/ivoq/index.cfm.

    You may also wish to inform other safety experts, such as Sean Kane at Safety Research and Strategies (http://www.safetyresearch.net).

    Good luck in pursuing your claim.

    Disclaimer: Please note that this answer does not constitute legal advice or the practice of law. This answer is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. The original poster or others in a similar situation should contact an attorney in your area directly to find answers to your problem.

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  • Should I sue for slander?

    I am a employee of a well known company and a woman wrote an online reveiw slandering my name saying that I am an arrogant, foul-mouthed individual who ridiculed everything AND everyone, both in person and over the phone, which was not true. I wen...

    Brett’s Answer

    In most states, slander is defined as a false statement that damages or prejudices another in his or her reputation, community standing, office, trade, business, or means of livelihood. The essential elements of slander are:
    (1) a false and defamatory statement concerning another;
    (2) an unprivileged communication to a third party,
    (3) fault amount at least to negligence on the part of the publisher or speaker of the false statement, and
    (4) either actionability of the statement irrespective of the harm or the existence of special harm caused by the publication.

    Some states have certain exceptions for statements of "opinion".

    In the end, it will come down to what was specifically said and to whom it was said. It may be difficult to prove slander and any damages. For example, in Missouri, you must prove that your reputation was damaged in the community.

    If you wish to pursue a claim, you should speak to an attorney in or your area. Most attorneys will offer a free consultation to evaluate your claim.

    Disclaimer: Please note that this answer does not constitute legal advice or the practice of law. This answer is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. The original poster or others in a similar situation should contact an attorney in your area directly to find answers to your problem.

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  • School causes child injury

    My child was just injured on the last day of school Friday; she backed into a cabinet that had 3 basketball rims sitting on top of them; I had to take her to the emergency room she needed 4 layers of stitches. The gash is above her left eyebrow wh...

    Brett’s Answer

    You should speak with an attorney in your area about your child's claim. The attorney you speak with should be familiar with injury claims and claims against schools or other governmental agencies. There may be special rules when making a claim against a governmental agency, like a school district. For example, there may be administrative requirements and/or full or partial governmental immunity.

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  • Is this slander

    I am just coming back to work after an injury at home I tried to work the day after the accident but was only able to work for 2hrs and when I returned to work 3 weeks later the foreman that had released me that morning had told the employees that...

    Brett’s Answer

    In most states, slander is defined as a false statement that damages or prejudices another in his or her reputation, community standing, office, trade, business, or means of livelihood. The essential elements of slander are:
    (1) a false and defamatory statement concerning another;
    (2) an unprivileged communication to a third party,
    (3) fault amount at least to negligence on the part of the publisher or speaker of the false statement, and
    (4) either actionability of the statement irrespective of the harm or the existence of special harm caused by the publication.

    Some states have certain exceptions for statements of "opinion".

    In the end, it will come down to what was specifically said and to whom it was said. It may be difficult to prove slander and any damages. If you wish to pursue a claim, you should speak to an attorney in or your area. Most attorneys will offer a free consultation to evaluate your claim.

    Disclaimer: Please note that this answer does not constitute legal advice or the practice of law. This answer is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. The original poster or others in a similar situation should contact an attorney in your area directly to find answers to your problem.

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  • Is a driver responsible for running over a person?

    My Mother, pedestrian, was run over by a driver and his Hummer at a 4th of July parade. He, driver, was impatient to beat the traffic and back up over her and only stopped because people were hollering at him to stop. He has plead continued wi...

    Brett’s Answer

    First of all, I am terribly sorry to hear about your mother's injuries. It is truly a helpless feeling to be injured by someone else due to no fault of your own.

    There is an important difference between a finding of fault and collecting damages. If the Humvee driver negligently backed over your mother with his vehicle, he should be held accountable and it is very likely a jury would find him at fault for causing your mother's injuries and award her damage, which the defendant driver would have to pay.

    Collecting the damages may be more difficult. There is an old saying that goes, "You can't get blood from a turnip." Unfortunately, that adage applies in many liability situations. Although you get a judgment against the defendant, your actual recovery may be limited to the available insurance proceeds. Depending on your state, the minimum required auto liability insurance may be very low (as low as $10,000 to $25,000). However, in this situation, I would investigate both the amount of insurance coverage available and also the defendant's personal assets.

    If there are truly no assets or insurance to recover, you should also examine your own insurance policies. If the driver has no insurance, your mother's Uninsured Motorist coverage should cover her losses up to the policy limits. If the defendant driver does have insurance, but it is not enough to cover your mother's damages, her own Underinsured Motorist coverage may apply to help offset her damages.

    You should consult with a lawyer to discuss all possibilities before signing any release or settlement document with the defendant driver.

    I wish you the best of luck and a speedy recovery for your mother.

    Disclaimer: Please note that this answer does not constitute legal advice or the practice of law. This answer is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. The original poster or others in a similar situation should contact an attorney in your area directly to find answers to your problem.

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  • Auto accident settlement with death involved

    My daughter was in her parked car which was hit by a kid showing off, doing about 65 mph, trying to "drift" in behind them. Her best friend who was standing behind my daughter car was crushed and killed between the two cars. I have two questions. ...

    Brett’s Answer

    First, I am terribly sorry to hear of the tragic loss of your daughter's best friend and the tremendous emotional impact this must have had on her.

    I agree with the previous responses in suggesting you hire an attorney. A reputable attorney will represent you at a reasonable hourly rate on the property damage claim or at a contingent rate. If engaging for a contingent fee (meaning the lawyer is paid no money up front and is then paid a portion of the recovery), I would negotiate a contingent fee based upon the recover above the previously offered amount -- meaning the lawyer would be paid a percentage of anything recovered above $3700.

    With respect to your daughter's emotional distress, I cannot imagine the trauma of your daughter felt seeing her best friend killed right before her eyes. Your daughter should see a health care professional (doctor, counselor, psychiatrist, therapist, etc.) for her own well being. Most states do permit a claim for emotional distress damages, but require very specific proof of such damages. You should consult with an attorney in your area about your daughter's claim.

    Disclaimer: Please note that this answer does not constitute legal advice or the practice of law. This answer is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. The poster or others in a similar situation should contact an attorney in your area directly to find answers to your problem.

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