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David Stockley Mitchell
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David Mitchell’s Answers

60 total


  • What is the latest date to refile a case which was previously dismissed for voluntary non-suit?

    If a litigant takes a voluntary non-suit in his civil case and decides he wants to refile the case the future what is the latest time that he can do so? Is he barred by the 1 year savings statute? And in the case where the statue of limitations do...

    David’s Answer

    If the case was dismissed without prejudice and has only been dismissed once, you should be able to file again if you are within the statute of limitations. I'm assuming this is all in Arkansas.

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  • Will an atty take my case, I'm afraid it's compromised my health and possibly for the long term

    rented a house with option to buy. Living here for11 mos now. I'm this time I've gotten extremely I'll twice with same symptoms and for very long period of time.I,'ve found black mold and others. I've missed a month plus if work due to this on my ...

    David’s Answer

    • Selected as best answer

    You should 1st go to a doctor, probably an allergist, to determine your diagnosis. If the doctor believes your problems are caused by exposure to mold, then have your house tested. If you can prove your landlord knew about the mold and concealed it from you, you may have a good case. I successfully handled a similar case several years ago. I think you should consult with a personal injury attorney who is familiar with this type of case.

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  • Around what amount should my daughter and I receive separately?

    My 11 year old daughter and I were in a car accident in which the insured driver was at fault and insurance company has already acquired FULL liability. We were both driven to the hospital ambulatory. By doctors diagnosis, I have second degree bur...

    David’s Answer

    There are many factors which must be considered before attempting to evaluate the value of your cases. I urge you to contact an experienced Arkansas personal-injury lawyer for a free consultation. I seriously doubt you will obtain fair compensation if you don't.

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  • Do I need attorney for surgical needle left in abdomen?

    I had colon & recital surgery May 2014. I had a kidney stone May 11,2015 and CT scan showed needle left in abdomen. Surgeon had offered to remove it free of charge & thats all.

    David’s Answer

    Yes I believe you need an attorney. Leaving a foreign object in a patient during surgery is negligence and you are entitled to damages for your pain , suffering and mental anguish in addition to medical expenses. I would not recommend settling until after you have had the needle removed and are certain you have no further complications.

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  • I was recently in a greyhound bus accident, I was a passenger on the bus. who do I talk to? where do I start?

    other passenger on the bus grab the wheel of the bus making the bus crash into a ditch off side of the freeway.

    David’s Answer

    Ordinarily you would have to prove fault on behalf of the driver in order to collect against Greyhound. However, because Greyhound is a common carrier they may have strict liability under Arkansas law. I suggest you contact an experienced Arkansas personal-injury attorney, like myself, for a free consultation.

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  • What is the next step to take? Does he need to get a lawyer to handle things or can we do it ourselves?

    My brother was a passenger in a motor vehicle accident yesterday (that was not their fault) & is suffering some repercussions. A police report was filed an the accident & today (one day later) he went to the ER due to some major neck and spine tin...

    David’s Answer

    The most important thing is to seek medical attention to document the injury. Next, consult with an experienced Arkansas personal-injury attorney. Insist on a free consultation. Do not give a recorded statement to the adjuster for the insurance company insuring the at fault driver. I agree with the other answers you have received.

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  • I fell through some wooden stairs on a golf course. Damaged my ankle and my foot. Do I have legal recourse?

    The stairs were leading to a tee box. I used the stairs to walk down and was holding the handrail when the middle step completely gave way and the nails came out of the base of the stair and slammed me down the ground below. When we informed the...

    David’s Answer

    It sounds as though you have a viable claim. However you have to develop evidence of your damages by going to the doctor and taking pictures now of all visible injuries. I suggest you contact experienced Arkansas personal-injury lawyer.

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  • Get included on receiving end wrongful death settlement

    Brother was killed in a car accident. His mother did not include me as his sibling, (same dad, different moms) but she included her other children. The money is being divided up between them and there is a hearing for whether or not our dad shoul...

    David’s Answer

    You should contact an attorney as soon as possible. As I understand your fact situation the person that died was your stepbrother. The issue is whether or not you, as a stepbrother, qualify as a wrongful death beneficiary under Arkansas's wrongful death statute.

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  • What do I need to do????

    My son was 2 months premature, he was having heart rate drops before being discharged from the hospital. He was in the hospital for 2 months after he was born.They was suppose to send him home with a heart monitor, they said they couldn't find one...

    David’s Answer

    The circumstances you describe certainly warrant
    further investigation. All the hospital records and the autopsy report should be carefully to evaluate whether or not you have a viable claim. Most attorneys doing this type of work , the including myself, will review the records for no charge.

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  • Need advice about my families rights as victims of a devastating tragedy caused by another person. She was negligent.

    The Sunday night before Christmas my husband, daughter, and our 3 loving pets were enjoying the Christmas tree and putting a Christmas puzzle together and my husband was in the lounger watching the Cowboys play football when our lives were forever...

    David’s Answer

    You should contact an experienced Arkansas personal injury lawyer immediately. You should request a free consultation. In this situation almost all personal injury lawyers will handle the case on a contingency fee basis. This means you will not have to pay anything out of pocket and if there is a recovery the lawyer will receive a percentage of the recovery as a fee.

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