The issue is liability, or who is at fault. The other driver's insurance company has a financial interest in determining the accident was your son's fault and the other driver often tells their own insurance company a story that is biased in order to avoid having their insurance rates go up. The police report is generally accepted as neutral by both insurance companies, but you say the police report could not determine fault. Insurance companies often look at this situation where there are...
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Small claims court in your city has a maximum cap of $7,500. You can sue in small claims court and recover up to that amount. Your own insurance company should be helping you with this matter. I recommend speaking to your own insurance agent and/or company and ask for help in resolving this. You have a contract with them and they should help you. If you are trying to recover car damages only, take the repair bills and sue in small claims court for the amount of your repair bills or $7,500,...
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You are required to operate your car in a manner that is safe and protects other drivers from harm. Generally, you are at fault even if the other driver stops suddenly because following too closely is a violation of your duty to not run into other cars. On these facts you have presented, most of the time you will be found at fault. Your insurance company has a duty to defend you and will hire lawyers if needed to protect you. Report the accident immediately to your insurance company because...
You can be sued for anything at any time. Whether they can prove you defamed the person is another story. Every legal case must prove the "elements" of that law to a preponderance of the evidence (generally this is considered 51% likely to the jury). Each and every element must be proven. Although each state may have slightly different "elements", the general elements for defamation of character are: (1) A false and defamatory statement concerning another; (2) The unprivileged publication...
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Medical malpractice cases vary a LOT based on the facts of the case. You have given some of the facts, but not enough to really answer your question. You may have a case even if the crown is not a foreign body in your state. I am not in your state, but this case is very time-sensitive, so you should speak immediately to a medical malpractice attorney in your state to get an opinion based on all the facts. Generally, you should be able to get a complimentary consultation with a medical...
A physician has duty to use that degree of care and skill which is expected of reasonably competent practitioner in same class to which physician belongs acting in same or similar circumstances. This means that a neurologist is required to possess the skill, knowledge, and judgment of a reasonably competent neurologist, a cardiologist is required to possess the skill, knowledge, and judgment of a reasonably competent cardiologist, etc. An endocrinologist is the specialty of medicine that...
There are two issues here involving two different types of attorneys. Generally, a medical malpractice attorney would be the best place to start. I am not in your state so I don't know your local malpractice laws, but I recommend you go first to a medical malpractice attorney. There is a second issue becuase the pain pump in a manufactured device that has malfunctioned and that is sometimes a product liability issue. Some states restrict this to only medical malpractice, but when you speak...