Kay L. Van Wey's Answers

Can you sue the maker of Zoloft for our sons birth defects even though my wife's doctor prescribed it while pregnant?

First, let me say that i am sorry about your son.There are definitely links between certain SSRI's and certain birth defects. You can learn more by visiting my website www.vanweylaw.com or my blog www.pillmillmonitor.com. I am currently investigating these cases. In order for any lawyer to tell you whether you have a case against the drug manufacturer, a lawyer would have to review your wife and your son's medical records. I would be happy to visit with you and review the medical...

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Will my minor childs dog injury settlement result in a trust being set up that they can only access when they turn 18?

It is customary for insurance companies to require the appointment of a guardian ad litem for a minor in a personal injury settlement. The reason for this is multi-fold, but two reasons are: 1. There is a potential conflict of interest between the parents and the minor child when it comes to who receives what portion of the settlement monies; and 2. A minor lacks the legal capacity to execute a release of claims. In your particular case, given the relatively small amount of the...

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Do I need to get a lawyer if I accidentally killed a man?

I would also encourage you to report this to your automobile insurance carrier. They will begin an investigation. They will interview witnesses, photograph the scene, etc. If a claim is made against you by the family of the deceased person, it wil be important to preserve any evidence that may exist.

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Why should medical malpractice cases be limited to 500,000

So called tort "reform" was unnecessary. The alleged "lawsuit crisis" was fabricated by the rich and powerful who wanted to protect doctors, the healthcare industry and huge insurance companies. Tort "reform" has not improved the quality of healthcare in the U.S. In fact, medical errors are on the rise. The only thing tort "reform" has done is harm consumers. I see people every single day in my law practice that I have to turn away because tort "reform" has severely restricted my ability to...

What can I do about my license and how should I go about handling this situation?

I am sorry for the predicament you are in. I understand that car insurance can be expensive and when finances are tight it could be something a person chooses not to carry. However, it is so very important to carry automobile coverage. It is important for a situation such as yours and it is also important if you were to be hit and injured by someone who did not carry insurance or did not carry enough insurance. Therefore, I always encourage my friends, family and clients to purchase adequate...

Personal injury question

Evaluating a personal injury case is multi-faceted. In sum, I believe it is irresponsible for an attorney to place a value on a person's case without reviewing the medical records. In addition, there are multiple other factors that can impact the value of a personal injury case, including: 1. the underlying liability facts (what happened and who was at fault); 2. how severe was the impact (if a car wreck case); 3. did the victim have a pre-existing injury; 4. did the victim promptly...

Can a felony background hurt an accident clam?

Depending upon how long ago the conviction was and what the conviction was for, it may be admissible to impeach your credibility. This has been a longstanding evidentiary rule in Texas and most other jurisdictions. It isn't possible to say whether or to what extent it may hurt your personal injury case without more detail. However, as a general proposition, I would say that a criminal record can hurt the value of a personal injury case.

Vascular surgeon who botched my surgery forgot to mention he isnt certified.

You may be surprised to learn that generally speaking, hospitals are not liable for the mistakes of a doctor who has privileges at the hospital. Hospitals are required to check the credentials of their doctors, but in some states (like Texas) the hospital cannot be held responsible for allowing an unqualified or even dangerous doctor onto their staff. Some, but not all hospitals do require their doctors to be board certified. Incidentally, there is some agreement in the medical community...

I was injured while working for Jack in the Box back in June of 99. Is it too late to do anything?

You may have had a non-subscriber cause of action against Jack in the Box, but your statute of limitations expired two years after the date of the incident. In Texas, employers are not required to carry worker's compensation insurance. However, if a Texas employer decides to not carry worker's comp insurance, they can be held liable for their employees injuries if they are found to be negligent and their negligence is a proximate cause of the employees injuries and damages.

Is it worth getting a lawyer if a store shopping cart hits us outside of its premises?

The store is generally responsible for maintaining their carts. The store should periodically survey their lot for carts that have not been returned properly by customers. However, in my opinion, the store is not required to constantly police their parking lot. In other words, they are not strictly liable just because it was their cart. You would have to prove that they were negligent. You would also have to prove that your facial numbness was a result of the collision with the cart and that...