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Kevin M Garrison

Kevin Garrison’s Answers

240 total


  • What are the chances of a lawsuit if the defendant is deceased?

    The defendant would be clearly liable and responsible for breach of duty resulting in significant economic damages. The defendant was alive and insured at the time of the breach of duty. Can a lawsuit be filed against a deceased individual? Can a ...

    Kevin’s Answer

    Yes case can proceed. You can create an estate for the deceased.

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  • Who would the driver or owner be liable for damages in a traffic accident?

    If you were rear ended in an auto accident and the other vehicle was not insured, who would be liable for damages? Would the owner of the vehicle or the driver who was sited for no proof of insurance and failiure to stop. Would the driver be able...

    Kevin’s Answer

    The driver of the car is the at fault party. The owner would have no liability unless you could prove negligent entrustment. Who has insurance is different from who is liable.

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  • Personal injury foot cut in store at home depot fencing was left on floor and I ram into it bled massave

    do I have any chance of a lawsuit

    Kevin’s Answer

    A merchant such as home depot is responsible to maintain a safe premises. You likely have a solid claim against home depot if they failed to do so. I have done claims against home depot. The strength of your claim will depend on the details of the incident.

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  • Do I need a personal injury attorney?

    I'm currently suffering from PTSD due to events caused by state employees over the course of seven years. The severity of my condition causes problems and prevents me from developing personal and professional relationships. Now that I have b...

    Kevin’s Answer

    It sounds like this may be a workers comp claim if the injury was caused by fellow employees. In any event claims against governmental entities have short time frames. Seek an attorney as soon as possible.

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  • Do I have a case?

    I was injured in a rear end accident while working. There was no damage to the vehicle but I have not been cleared by my Dr to return to work. The accident was in St. George Utah on May 18, 2015. I drive for a medical transportation company and li...

    Kevin’s Answer

    Insurance companies try to take advantage of the situation when there is minimal property damage. You will have 2 claims one for workers comp and one for personal injury. You will likely have to reimburse the workers comp carrier for any payments to your doctors. I suggest that you call an attorney and get some help.

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  • Wallgreens pharmcy filled wrong medication and i had taken medication for about 2-3 weeks and became ill with chest pains.

    they gave me Fecainide Acetate 100mg which i had taken 3x a day till i became very ill and had to go to hospital. Wallgreens pharmacist admitted the error and told me how error occurred. they also opened claim for me. what kind of attorney handles...

    Kevin’s Answer

    Sounds like you have a good case. A personal injury attorney can handle this type of case. I have done medication error cases and would be happy to talk to you about your situation. I have also done cases against Walgreens in the past. I hope that you are doing ok now.

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  • Should I settle my case. They offered 3200.00

    I was at a stop light, she did not stop. I was rear ended on 1/10/15. Though it was low impact, under 35 mph, I suffered whiplash and was in neck brace 2 1/2 weeks. Medical bill total 1900.00. They fixed my car for 709.00.

    Kevin’s Answer

    Much more information is needed to properly evaluate your claim. How much was the damage to the other vehicle? What restriction of your lifestyle did you sustain?

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  • Owner operated semi driver hit and injured by insured motorist in Arizona.

    Driving on a two lane highway.when a vehicle veered into my lane causing me to go off the road to avoid a head on collision. The vehicle driven by a woman ended up hitting the drivers side of my truck causing quit a bit of damage. When I got out I...

    Kevin’s Answer

    Since this crash happened when you were working you likely have 2 claims. One for workers comp and one for personal injury. Trust me no insurance company is your friend. You would be wise to seek representation.

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  • Defense says they have video of me?

    I have a personal injury case that is heading into mediation. The defense says they have surveillance of me. They have not yet told my lawyer what the video is about all they have said is that it includes me. How long before the mediation date sh...

    Kevin’s Answer

    My experience has been that juries do not like surveillance. It is sneaky and not well received if your are sincere. In fact in one trial the defense used a video and refused to make an offer to settle before trial. My client was later awarded $225,000. The exact amount that I asked for. Do not be afraid of the video.

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  • Is there a retainer fee for a law firm to look into a potential wrongful death/negligence case against a nursing facility?

    An elderly family member died while in the care of a nursing home due to a head injury sustained after a fight with another resident. The death was ruled a homicide and no charges were brought up as the surviving resident was declared incompetent ...

    Kevin’s Answer

    No. Sounds like a good case to me. You may want to get in touch with Saul Gruber in N.J. who is an excellent nursing home attorney.

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