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Kevin M Garrison's Answers
- 93 Legal Answers
- 2 Legal Guides
6
Attorney answers:
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Is severe emotional distress considered a personal injury?
The law recognizes emotional distress as a personal injury. As stated above this can either be a claim for negligent infliction of emotional distress or intentional infliction of emotional distress. It is normally important to have some documentation of the manifestation of distress in the form of a doctor or counselor visit or medication. Mental and emotional injuries can be just as devasting as purely physical injuries.
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5
Attorney answers:
What happens when a medical claim exceeds the amount of insurance?
Attorney Curtin has provided excellent advise. Many times insurance company attorneys forget who their true client is. It is the insured who bought the policy not the insurance company who pays their paycheck. Also you mention a "minor rear end accident" It would be very rare for a minor rear end case to exceed the amount of $50,000 in damages. The $40,000 figure is likely an inflated demand figure and the amount that the case ultimately resolves for will probably be less. Remember just...
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6
Attorney answers:
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I was injured in the crash of the racing plane in Reno last Sept. My rotator cuff was torn up, requiring orthopedic surgery.
I agree with the attorneys above. No one can give you an idea of the value of your case unless and until they sit down with you face to face discuss the situation with you, review your medical records and bills, discuss the impact that the injuries had on you both physically and emotionally. You also likely have some scars that need to be photographed and considered in your settlement. I practice in Arizona and I am aware of another attorney in Arizona who has at least one or more of the...
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3
Attorney answers:
What should I look for in contingency fees for a personal injury claim?
I agree with the above answers. Like many thngs in life you get what you pay for. When it comes time to legal matters and important things in life shopping for the best deal or for the cheapest is rarely a good thing to do. Look for an attorney that you feel good to have represent you and one that you can trust. Most good lawyers should tell you that the fee will be a certain percentage say 33% but that the final fee should depend on the amount of time the attorney has worked and the...
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4
Attorney answers:
If my fiance has Hepatitis C anitbodies and never told me can I sue him for damages?
There have been sucessful cases in the past in Arizona regarding this type of claim. Two things are very immportant here. First you must be able to prove that you now have Hep C and that the way you got it was from your fiance. Secondly once these claims started to be asserted not surprisingly our good friends like State Farm, Farmers, Allstate, and most of the standard homeowners insurance companies started to exclude the passing of an STD or things like hepatitis from homeowners insurance...
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3
Attorney answers:
(re-post) Hospital-acquired severe stage IV pressure ulcer/infection in SCI patient. Extreme suffering, potential claim (NYS)?
You likely have a very significant claim. Given the fact that the individual was under 30 and healthy there is no good reason for a pressure sore to form if he/she is being properly cared for. I practice in Arizona and I do not know if New York has any caps on damages or if medical expenses paid for continuing care are asserted as a collateral source. If not this case could likely bring 6 figures and perhaps 7 figures. I suggest that you find a good nursing home attorney in new york and...
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2
Attorney answers:
I am looking for an attorney that has experience with the state board of nursing and with University of Phoenix
You might try Kelly McDonald who is a lawyer and former nurse. He has lots of experience and is a fine lawyer. Good luck
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2
Attorney answers:
Bottle broke at grocery store, glass flew into my foot, the store insisted I go to the hospital for stitches.
I can tell you if the store is Walmart or Frys then there will be no med pay. You mentioned that you had exited the store so it is very likely that any claim to be made would not be made against the store but rather the property owner or management company. You will also likely be met wtih the defense that you should have seen the low spot and have some fault. Take photos of your injuries and the location of the place where the incident happened. I am not sure if your question is asking do...
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3
Attorney answers:
I was a patient in a va rehab involved in a staff with patient relationship i seek compensation.
Sounds like you were both adults and you situation was consentual. Likely she violated some regulations. You could complain to the Arizona State nursing board. You might also have a claim against the VA. Consult an attorney for further advice.
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3
Attorney answers:
Wondering about if workers comp claim has been filled by any docotors for me
I disagree with the two attorneys above. In Arizona doctors can and do file a physicians report of injury. Especially if they did not know if you had health insurance and were looking for workers comp as a way to get paid. It is simple to see if a claim has been filed just call the Idustrial Commision and ask them to look up your name and date of injury and see if a claim has been filed.
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