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Eric Vaughn Traut

Eric Traut’s Answers

90 total


  • Could I be compensated for a waiter who dropped a rack of glasses all over me?

    At a restaurant sitting at the bar when a staff member was stocking a wine rack. He managed to break entire rack of glasses on me. I was not cut or hurt but shocked, and embarrassed. I had glass hit my face, all over my body, all over my clothing....

    Eric’s Answer

    No injury, not worth hiring a lawyer.

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  • As I was walking my dog another dog came out of its house and bit my dog, who is reliable for the vet cost? its $400.

    my dog was on a leash, the other dog came from behind as I walked home

    Eric’s Answer

    The other dog owner. Be sure to contact both the police and animal control so that there is a public record about the dangerous nature of the dog.

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  • If a physician "voluntarily" stops prescribing Class II narcotics, is it still legal to give pain shots such as Diluadid?

    If a physician has the option to quit prescribing class II narcotics or have his/her license suspended, they stop prescribing class II narcotics. Is is still legal to give injections of Class II narcotics, until the medication is gone or should th...

    Eric’s Answer

    That is something to bring up with the state medical board. My guess is that it is probably not a proper option to then give injections of narcotics if the prescription has been disallowed.

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  • Can i sue a medical practice for losing a testicle because of a wrong diagnosis

    When i was about 16 one of my testicles became sore and a bit swollen so i when to the doctors, I seen a lady doctor, she had a bit of a poke around and said "it looks like a little infection", she gave me some antibiotics and said to see what hap...

    Eric’s Answer

    It is possible you have no case because the statute of limitations has lapsed. Additionally, you would have to have a medical expert review your records and determine whether the delay in getting the proper medical care was the cause of losing your testicle. Both of these issues can be determined by a competent medical malpractice attorney in your area. I suggest looking for one at ABOTA.ORG. You will find the top lawyers in the nation on that site. There are 6500 members and each needs to be invited and meet certain criterial, including having tried at least 10 jury trials.

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  • If I plead guilty to a pi can I be convicted of a DUI

    Had a blow out and hit a mail box, police rolled up on me took me in for a pi, I refused all b.a test until I had a lawyer present...when the police showed up I was out of the car with the keys out of the ignition and my hazard lights on

    Eric’s Answer

    You definitely need to discuss this with a criminal lawyer. It is important to learn exactly what the charges are and what the police report says about the incident.

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  • Is my church liable if someone eats at an after-service potluck and gets sick? If so, how do we prevent liability?

    My church has a potluck after every sunday service where various members of the church bring food from home to share. The meal is open to the public/visitors. In addition, we have written within the Church's Bylaws that participation is solely vol...

    Eric’s Answer

    This is something you should discuss with an attorney. You may be able to prepare a waiver that can be signed by everyone participating in the potluck that they understand the food is being supplied by others and recognize and waive all liability for any sickness as to the church. It would need to be whats called an "express waiver" and may not be an option in your state. That is why you need to consult an attorney.

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  • I was severly injured while in county jail beaten by 6 inmates.do i have a case,i was life flighted to the hospital

    11 broken ribs, neck and back and head injury..i suffer pain every day to where i can even work or sleep. plus the mental trauma .....i need a lawyer.... it happen in Indiana while traveling but i live in NH

    Eric’s Answer

    It would be smart to contact the lawyer referred to you in the answer by the New Hampshire lawyer. Claims like yours typically have short time frames in which to file them.

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  • Do I need personal injury lawyer?

    My sister was shot with non lethal weapons by the police in 2006 resulting in mental and physical injury. She was diagnosed with PTSD after the shooting. She died a month and a half ago from unknown causes at age 36. Do I have any legal case?

    Eric’s Answer

    Not unless the shooting played some role in the death. That would have to be proven through the testimony of a medical doctor. If he cause is truly "unknown", there is no case.

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  • False restraining order filed against me.

    I had a neighbor file a false restraining order against me. in the restraining order the woman flat out lies and has committed perjury. as a cop was here the day my landlord went into her house. she states in the restraining order i went into h...

    Eric’s Answer

    I agree that you simply stay away and put the mater behind you. You may want to file a report with the police dept. advising them that the person filed a false report. They may or may not follow up and investigate it. At a minimum, they will have a record of her filing a prior false report if she does it again in the future.

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  • I had a knee replacement and then revision which has turned out badly. I cannot walk without extreme pain.

    I don't know what to do, I am young and can't work

    Eric’s Answer

    Attorney Hurd gave you a very detailed and accurate answer. I would add that there are several excellent medical malpractice lawyers in Orange County you may wish to consult. They are Dan Hodes, Sean Burke, and Rob Gibson. You can go to Calbar.org for their info, including some background on each....lawschool....years practicing...etc.

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