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James R. Andrews II

James Andrews’s Answers

107 total


  • 1. Is there such thing as disability unemployment in Arizona

    Was put on medical leave and company does not fall under FMLA guidelines, it has less than 50 workers. Was hospitalized and had surgery that does not allow me to do my job at this time.

    James’s Answer

    There is workers compensation compensation which you may qualify for if injured on the job. There is also Social Security Disability which you have to qualify for as well. If you were hurt on the job, it sounds to me that you MAY be entitled to workers compensation. You should contact an attorney to discuss your matter because the cause of the injury and your prognosis will determine whether you will receive both or either.

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  • Ok come to find out during my accident the police or dective found a gram of harion not on me or the car and its been 6 months

    now there saying waiting for blood work and i am on prop 200 for possion a class 4 felony so when to my first court how could they voilate me if they dont have paper work so iam out on bond till my next court

    James’s Answer

    What exactly is your question? You tell a story but do not ask a question.

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  • Can I sue for being Diagnosed that I had a stroke. When In fact after 2 reviews of the same cat Scan shows no sign of stroke.

    In 2009 I went to the ER for feeling dizzy, A Cat scan was done and I was released to follow up with my Dr. for the results. My Dr. who is a P.A informed me I had a minor stroke. I recently had the same problem and went to the ER and had a cat sc...

    James’s Answer

    To recover for any tort, which a medical malpractice matter is, you must demonstrate that a duty was breach, which it appears may have happened in your situation. You must prove that there were damages, which you do not make any mention of in your question, and you must show a link between the breach of duty and the damages. As the two prior attorneys mentioned, unless you sustained specific damages, such as lost wages, other medical bills and complications of note, you do not likely have much to pursue. Sorry!

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  • Is it better to have an Attorney represent you in a 2nd Mortgage settlement?

    I am helping my disabled low income mother out and i want to save her house by offering the 2nd mortage a settlement. Is it always better to hire an attorney and let them do the work?

    James’s Answer

    It is generally helpful to have an attorney help you settle any debt. Negotiating with a mortgage company is generally a time intensive and frustrating process. However, in Arizona if your loan is purchase money, your position is quite different that if it is a cash-out loan. Whether you are wanting to keep the property or rid your self of the property will also be determinative. Contacting an attorney to at least discuss your options, refi, modification, bankruptcy, short sale, deed in lieu, or foreclosure can only be helpful.

    You will not only have to be concerned with the legal ramifications of your decision but the possible tax consequences.

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  • I received a citation from a web business owner in texas who didn't like a ripoff report he thinks it's mine.

    the document says he has jurisdiction in texas because that's where he resides even though i am in New Hampshire. i have never had one problem with the law - do i have to go to texas? how do i deal with this???

    James’s Answer

    Has he served you? If so, I would contact local counsel and immediately seek to dismiss the matter for lack of jurisdiction. If you did not avail yourself to the laws of Texas, he cannot haul you into court there to pursue a matter against you. However, to properly answer your inquiry, details about your business, and your relationship if any with the petitioner need to be explored. Definitely seek local counsel for assistance with how to best procedural handle this matter and a quick determination of your potential liability.

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  • HOW LONG DOES A PERSON HAVE TO FILE A INDUSTRIAL WORK CLAIM IN UTAH IT BEEN SINCE 12/1/2011

    INDUSTRIAL WORK CLAIM AND CAN SOME ONE ASK FOR BACK WAGES IF THE GOT UNEMPLOYEMENT

    James’s Answer

    Ms. Atkins is spot on correct. In your case, if you reported the accident within 180 days you may pursue a claim and if you do collect, you may have to return some of the unemployment benefits you received. Definitely consult a local attorney for specific guidance.

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  • I recently got a settlement for a workers comp injury. I can not go back to my job. Can I file for unemployment?

    My employer has work but Im not able to do the work they have.

    James’s Answer

    A barrier to collecting unemployment benefits and worker's compensation at the same time are state laws that deduct income you receive in the form of wages and benefits from any unemployment benefits you are due to receive. Unemployment benefits provide money when you lose your job. Worker's compensation replaces your wages when you cannot work because of an on the job injury. It is not impossible to collect both, but very difficult. You definitely need to seek counsel to determine how to maximize your aid during your time off from work.

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  • Just got changed to permanent light duty Probably will be fired will my std or ltd do me any good have paid into for years .

    Can I use std or ltd in combination with w/c . Asuming I do get w/c if no permanent light duty available? Also what is vocational voucher worth in Nevada

    James’s Answer

    You can apply for and receive any of the above, however to give you specific direction you will need to speak with an attorney in Nevada. Depending on the severity of your injuries, how disabling they are and how much income you lose, you may qualify for a std/ ltd and/or w/c, however your attorney will have assess your medical records and your doctor will have to determine your recommended percentage and length of disability.

    A local NV attorney should also be able to determine the value of your voucher. AVVO provides a number of great attorney referral sources. Good luck.

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  • Can I sue the landlord for pain and suffering? I been fighting these bb two days after I move in. February 14, 2014 move in date

    My daughter has been bitten mint times from these bb. The landlord has done nothing but say we brought them with us. An exterminator came out and say that the bugs are come from a bed that the last tenant left at the front door. Every night I watc...

    James’s Answer

    The warranty of use and habitability is being violated if your landlord is not doing anything to rid you of these pests. This is a contract matter, however you may have grounds for a negligence claim , but you would be best served by presenting the facts of your situation to a local attorney to determine your rights and possible recovery.

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  • I backed into a parked car with a women in it very slow no damage complained about her back insurance under my wife what's next

    I'm not under her accident policy because I just reinstated my license and we opened a new insurance with someone else but it doesn't kick in until today so it was under her old policy if they send me a bill and I don't pay what will happen?

    James’s Answer

    It sounds like you may be personally liable for any damage you caused without an insurance company to pay your bill. However, you should report it to your insurance company, and seek an attorney to minimize your liability. Good luck.

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