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Marc Sean Hurd
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Marc Hurd’s Answers

1,137 total


  • Gardner claims my dog knocked him down

    Gardner claims my dog knocked him down after he turned a corner in the backyard. He did not notify anyone at the house of any incident until several weeks after the fact. Offered to take him to dr since he could not drive and he refused to go. No...

    Marc’s Answer

    I presume the letter you received was from the gardener, or more likely an attorney representing the gardener. If so, responding that you have no insurance may make that person/attorney less likely to pursue the claim, knowing that they will have to go after you personally rather than simply seek a quick settlement with the insurance company. That said, I am generally not a fan of "self help" in situations such as this, and you would probably want to consult with a local lawyer specializing in premises liability cases to assist you. By no means should you give any statement, as such could be used against you later.

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  • My ex threatens to sue me for back and neck injury.

    My ex tried to grab the phone from me and in the process she slipped and fell. Now my ex threaten to sue me for head and back injury. What my ex did not mention was that she grabbed my head and neck and slammed my head violently against the window...

    Marc’s Answer

    If you have a homeowners (or renters) policy on/for your home, it may be worthwhile to submit the claim to your insurance carrier. Such policies generally cover "negligent" acts or injuries, and if covered, the insurance company would have the obligation under the policy to defend you if you are sued. But, there are notice requirements which require you to put the insurance company on notice of the claim in a timely manner.

    Now, based on what you described, the insurance company may argue that these were "intentional" or non-covered acts, but if your ex is represented by (or retains) a competent PI lawyer, the suit cold be pled in the alternative, meaning he/she could argue negligence as well as intentional acts. The ins. co. will not cover intentional acts, but may be forced to defend you based on possible negligence claims.

    If you don't have such insurance, consult with a local PI defense attorney to assist. Avvo has some good research tools.

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  • How do we calculate Non-economic damages for personal injury insurance claim in california?

    What is included in pain and suffering? and how can I claim for non-economic damages?

    Marc’s Answer

    There is no "formula" for such calculations, only the guideline to jurors that they should award an injured party an amount reasonably calculated to compensate the injured party for his/her pain and suffering. In practice, many insurance companies (and even jurors) tend to try to calculate general damages as some sort of factor of the special (economic) damages, like awarding 2x medical specials, etc., but that is not the standard. That is why you will see a wide variety of awards depending on how the jury feels that the injured party has suffered. Good PI lawyers know how to maximize those amounts.

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  • Under the California Tort Claims Act, you must file a claim within six (6) months of injury if you intend to sue a public entity

    Friend was asleep in a chair when raided by the sheriffs dept. immediately put hands up and still was attacked by the police dog causing a HUGE gash and other bites on the arm. I have a question, is there any way to still file a claim after the 6 ...

    Marc’s Answer

    There is a procedure where you can seek leave to file a late claim under Government Code section 911.4. But, you have to provide a valid excuse for not timely filing the claim. That can be tricky. I'd suggest speaking with a local PI attorney who specializes in claims against governmental entities. Avvo's research tools can help there.

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  • I have a friend who is a doctor, I have erectile disfunction and asked him for a prescription of Viagra is this illegal?

    I'm 25 and have bad ED though never thought to go to a personal doctor because I'm embarrassed and I'm super young, assuming I would not be prescribed viagra.

    Marc’s Answer

    I would not expect it to be illegal to ask, but the doctor would likely have to be careful about how he prescribes it, meaning that he or she would likely have to follow some protocol that would call for the prescription just as with any other doctor patient relationship. The fact that the doctor is a friend doesn't mean that he or she cannot also be your doctor, acting in that capacity.

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  • Is it libel when someone says untruthfully that their accuser fabricated the evidence?

    A gentleman of high social standing committed misdeamenor harassment against me and my husband and I reported it to a professional association he belongs to, however he wrote a letter denying everything and stated that we fabricated the evidence, ...

    Marc’s Answer

    First of all, let me note that I am not admitted in WA (only in CA), so I can only provide a sort of general response. But, in general, all defamation actions (slander and libel are types of defamation, slander being "verbal" and libel being written) require these elements :
    (1) a false and defamatory statement concerning another;
    (2) publication of the statement, without privilege, to a third party;
    (3) fault on the part of the publisher, amounting at least to negligence, in ascertaining whether the statement is true or false; and
    (4) special damages.
    [Restatement 2d, Torts § 558]

    Typically speaking, you must show actual falsity and knowledge of the falsity of the statement and such may be hard to prove, if there is any aspect that is true. Also, statements made that are merely "opinions" are protected. (For example, there's a difference between saying "I think that guy is a crook" and saying "that guy is a felon." In the first instance you may be stating an opinion, where the 2nd example, if false, could be defamatory.)

    Another issue to address is damages: it's often hard to show actual damages resulting from the publication. In your case, you'd have to show what damages you suffered as a result of the statements.

    That said, if the statements made about you are false, you may have a civil case against, but you'd have to assess what monetary losses you suffered to determine if the case was worth pursuing. I'd suggest discussing this with local counsel.

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  • An slanderous blog was written about me on Google blogs. It was down anonymously. What can I do?

    The blog states that I'm a fake producer, that I'm HIV POSITIVE, that I rape women, & that I'm a pedophile. There's no court records, police reports or nothing. I have a very good idea at who did it. This person continues to accuse me of felonie...

    Marc’s Answer

    First of all, let me note that I am not admitted in NV (only in CA), so I can only provide a sort of general response. But, in general, all defamation actions (slander is a type of defamation) require these elements :
    (1) a false and defamatory statement concerning another;
    (2) publication of the statement, without privilege, to a third party;
    (3) fault on the part of the publisher, amounting at least to negligence, in ascertaining whether the statement is true or false; and
    (4) special damages.
    [Restatement 2d, Torts § 558]

    Typically speaking, you must show actual falsity and knowledge of the falsity of the statement and such may be hard to prove, if there is any aspect that is true. Also, statements made that are merely "opinions" are protected. (For example, there's a difference between saying "I think that guy is a crook" and saying "that guy is a felon." In the first instance you may be stating an opinion, where the 2nd example, if false, could be defamatory.)

    Another issue to address is damages: it's often hard to show actual damages resulting from the publication. In your case, you'd have to show what damages you suffered as a result of the statements.

    That said, if the statements made about you are false, you may have a civil case against the blogger, but you'd have to assess what monetary losses you suffered to determine if the case was worth pursuing. Also, since you say that you "have a pretty good idea who did it," that suggests that the statements have been made either anonymously or via some pseudonym. In that case, you will probably need some form of forensic analysis done to establish who is writing under these circumstances. I'd suggest discussing this with local counsel.

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  • Can I take legal action against a hospital and/or MD for massively overdosing me on Lyrica?

    I had been on Neurontin 600 mg/day. During a hospital stay for a pressure ulcer, the hospital MD decided to switch the Neurontin to Lyrica, however he left the dosage the same. According to every source I've found, 600 mg is the "max dose recommen...

    Marc’s Answer

    This appears to be a duplicate post. Please see response to other post.

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  • Can I take legal action against a hospital and/or MD for massively overdosing me on Lyrica?

    I had been on Neurontin 600 mg/day. During a hospital stay for a pressure ulcer, the hospital MD decided to switch the Neurontin to Lyrica, however he left the dosage the same. According to every source I've found, 600 mg is the "max dose recommen...

    Marc’s Answer

    I cannot speak specifically to the law in Kentucky (as I'm only admitted in CA), but generally you would have to establish that the prescribing doctor fell below the applicable standard of care by prescribing too much of the medication. That takes expert testimony. The second aspect is showing actual "cause" of damage. Typically, that means that you need to show that if the doctor who provided the initial "bad" treatment had, indeed, treated you within the proper standard of care, you would have had a different (better) result. You also don't say when this occurred, so depending on when, there may be some issues with timeliness. If you have your records, I would suggest you consult with a local med. mal. specialist to review your records. Avvo has some great research tools to locate such counsel. Good luck.

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  • Who should I contact for getting deadly infection after c section with twins

    Pregnant with twins I gave birth when they were 26.6 weeks. I had emergency c section. The Babies got shipped to another hospital 2.5 hrs after birth.. I got sent home after c section 2 days after and they knew I was going to go see my babies. Aft...

    Marc’s Answer

    I agree with Mr. Lassen that infections can often be found to be known risks that may not trigger a malpractice claim. However, to better assess your specific situation, an attorney and and expert (or experts, since in this case you may be looking at both OB/GYN and hospital issues) should review your case. They will need all medical records to assess whether the care providers' action fell within or below the applicable "standard of care." Avvo has some very good research tools to assist in locating a lawyer. Good luck!

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