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Martin Paul Weniz
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Martin Weniz’s Answers

179 total


  • Can i sue after 15 yrs ? medical malpractice had gallbladder removed/they left a piece behind in me had problems since then and

    doctor said my surgery would be major if i had it.. so i have to live with it.. the pain .the rest of my life.....

    Martin’s Answer

    When and how did you discover that a piece of your gallbladder still remained? There is no simple answer to your question, but it sounds like you have had "physical manifestations" (i.e. "problems") since you had the surgery. If that is the case, then your statute of limitations has likely passed. On the other hand, if you only just recently became aware of physical manifestations of your injury, the statute of limitations may not have passed. You should consult with a medical malpractice attorney right away.

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  • What are the forms do I need to file to set a case for default hearing and what are the steps to take?

    filed fam031

    Martin’s Answer

    It's not clear from your question what steps you have taken. Have you served the other party with the summons and petition?

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  • How to get divorce in CA? (What to do? Where go to? etc)

    I want to divorce my husband without going to see him in person. I own a home before I married him. We were happy and carefree getting married in Las Vegas. We agreed that my house was only mine when we got married but never put anything in writin...

    Martin’s Answer

    You have a lot of questions about the divorce process. I would suggest you contact a family law attorney to discuss your situation.

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  • I recently found out that my ex-wife divorced me 2 yrs ago. I never saw papers,she never said anything. is it legal

    is there anything I can do? She did this without me kno0wing, no papers,no conversation,no clue as to nothing. I have seen her and I was in the same state,same town even with a primary mailing address that she knew I could be found. There has to ...

    Martin’s Answer

    I suggest you get a copy of your court file and then have it reviewed by a competent attorney. A lawyer would need to see the documents that are in the court file and question you abou them.then you would likely have a better idea about what was done so the best course of action can be taken for you.

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  • I got a second degree burn from the seat belt due to a car accident. The isurance of the person who hit me is taking responsibi

    I was just wandering, in addition to getting car fixed and getting reimbursed for lost wages etc, what should I expect for the pain and suffering I endured for the second degree burn (about 4 to 5 inches) on my shoulder/chest?? I was stopped due ...

    Martin’s Answer

    • Selected as best answer

    Rosie,

    I agree with the others that there are a lot of variables to take into consideration in trying to determine the value of a claim such as yours. However, there are things that attorneys will often refer to to get a sense of the value range of a case. We commonly refer to these as "Jury Sheets." Basically, there are companies out there which provide a service of summarizing case verdicts and settlements. The cases are indexed and categorized in a number of ways. For example, it is common to search for the sort of injury involved. So, in your case, you would likely be able to find cases in which the injury was a 2nd degree burn. Obviously, it's not an exact science, but it might at least be helpful to give you a sense of the value of your pain and suffering claim. I would be happy to help you look into this if you would like to give me a call. 310-268-5555. Good luck! - Martin Weniz

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  • Can charges get dismissed

    at a restaurant me and another guy brush shoulders I go outside to smoke a ciggerette he rushes me and strikes me in the face my pistol falls the ground with me he runs to a car and comes back rushing me making motion as if he had a weapon I fire ...

    Martin’s Answer

    You need to retain a local criminal lawyer to retain you. The "Find a Lawyer" feature here on Avvo is a great resource. I hope you found my response helpful.

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  • Can i counter-sue for prescription pain addiction on a center that prescribed me medicine that was not necessary?

    i had a pain management center take my current prescription which was loratab 10mg, up to oxycodone 30mg, without doing an mri or any xrays. they told me i had to come every 10 days to get refilled, and to get a shot. i recently found out that t...

    Martin’s Answer

    I agree with Mr, Lassen. I would suggest that you consult with a doctor to medically evaluate your needs.

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  • What is the $5000 for?

    At the commencement of litigation a plaintiff must file a $5,000 cost bond, place $5,000 in an escrow account, or file an expert report for each physician or health care provider listed in the complaint attesting to the merits of the claim against...

    Martin’s Answer

    I agree with Mr. Armstong. You should consult with a local medical malpractice attorney to advocate on your behalf. Most Medical malpractice attorneys work on contingency, which means they get paid when you get paid. I hope you found my response helpful

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  • What evidence is needed for a viable medical malpractice lawsuit?

    :)

    Martin’s Answer

    There are a variety of types of medical malpractice cases. As the other attorneys half-jokingly noted, there is, in short, a lot of evidence is necessary to show that a medical professional acted negligently. If you have been treated below the standard of professional care, then you may want to consult with a local Medical Malpractice attorney.

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