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Steven L Shaw

Steven Shaw’s Answers

230 total

  • A long shard of glass pierced the sole of my son's shoe and stuck in his foot while we were shopping. What happens now?

    My son was shopping with me at Hobby Lobby. A long shard of glass went through the bottom of his flip-flop and punctured the sole of his right foot. I found a sales associate, who paged a manager. He finally arrived with an old first aid kit, no ...

    Steven’s Answer

    The two main questions an attorney will consider when you make contact, is how strong is the liability, and how great are the damages.

    With premises cases, it's not always clear who did what wrong. Did the store have notice that glass was on the floor? Is there a way to tell when it happened? If so, when did it happen, and did the store have reasonable notice that it had happened? Did the store follow its own policies when it comes to visually inspecting the floors, and are those policies reasonable ones? There are so many questions to ask and get answers to before knowing how to proceed against them.

    The next question, how great are the damages, is a tough one to answer. How much medical treatment did your son need? How much more will he need? Did it affect his day to day activities? Is he temporarily disabled? How long will his symptoms last? In the end, how much money will compensate him for his loss?

    Be prepared to address those questions when you make contact with an attorney, as those will be key to whether the attorney wants to represent your son in this matter. Best of luck.

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  • Can my primary doctor deny medical treatment due to Auto Accident?

    I was involved in auto accident in March 2015, recently had MRI shows annular tear, disc protrusion, nerve impingement. I've been trying to get back to see my PCP to follow up and get other refferals, but was denied seeing him, because he's not co...

    Steven’s Answer

    Some doctors stay away from treating injuries that result from motor vehicle collisions. This is because that treatment often becomes the key issue in your claim for compensation against the at-fault driver. That means the doctor could be asked to write reports, testify in a deposition or trial, or other things doctors are loathe to do. It could also be a billing issue, because they often have to bill auto medical coverage (PIP) before billing health insurance, and they are not set up for that.

    I find it odd that a different doctor wouldn't be willing to treat you. Consider asking to see a physiatrist (sports medicine or rehabilitation doctor), as these doctors are well suited to treat your kinds of injuries.

    Consider meeting with an attorney soon, so that you can get answers to questions like these.

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  • Do I need a personal injury attorney

    Went through taco bell drive thru ordered my daughter nachos and u can guess it she started screaming I quickly wiped the spilled nacho cheese of her thigh and saw blister went directly to an urgent care she received second degree burns and refuse...

    Steven’s Answer

    I am so sorry your daughter has been injured, and your reaction to what happened is to be expected. We all assume that restaurants, especially national chains, have designed food packaging to ensure safe consumption. That is not always the case. Further, sometimes the restaurant keeps a food item at an unreasonable temperature.

    National chains, however, are well funded, and fight even the small claims. They want to ensure that the "little guy" does not inspire others who have been injured to expect any consideration.

    You will likely need to contact more than a few lawyers, as these cases are difficult, expensive, and take more time to fight than you might imagine. Don't give up. Start with those that do food borne illness claims, as they would have the expertise necessary to be successful.

    Good luck.

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  • I have been hit in two auto accidents in the past 18 months. I was injured in both; the other drivers' ins. accepted liability.

    My injuries from the first accident had not recovered before the second accident occurred. I have exceeded my PIP ($35,000, mostly for diagnostic imaging and therapy) from the first claim and have about $4,000 in outstanding medical bills. I am ...

    Steven’s Answer

    "Should I have a lawyer or can I effectively handle the settlements with the two insurance companies?"

    You should probably consider hiring a lawyer. This assumes you were not at fault for the collision, and at least one of the parties involved (you and/or the other driver) carries adequate insurance. The process for presenting a claim is not rocket science - but it is full of traps for the unwary. And the reason people with lawyers can usually negotiate for a higher settlement figure than those without lawyers is that we know what the insurers are looking for, and we have the capacity to file a lawsuit if they don't offer enough in settlement. There are more reasons why it makes sense to hire a lawyer to help you, but those are probably the key reasons.

    Does the other drivers' insurance companies cover my legal fees?

    There are some special situations where that takes place, but it's rare, and it's unlikely in a situation like what you've described. Almost all lawyers that take on personal injury cases do so on a contingency, meaning they retain a percentage of what they recover for you. Most charge 1/3 if the case resolves before trial, and will likely charge a little more if your case must be tried to a judge or jury.

    Hope we've answered your questions. Use the find a lawyer tool on the AVVO webpage to find a few lawyers in your area. Call at least two, and discuss your case with them. Go with the lawyer that strikes you as the best choice.

    Good luck.

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  • Can I file a malpractice Lawsuit?

    After visiting a Family Care doctor, i had a large bump on my groin inspected by a nurse. He diagnosed me with HPV without doing a biopsy, and I was prescribed Aldara for 16 weeks. The prescription was issued by a doctor that did not see me. I hav...

    Steven’s Answer

    Suing a doctor for malpractice is very challenging. It takes a tremendous amount of time, money, and endurance. Juries, for the most part, trust doctors; they are more willing to overlook their mistakes, than they are to hold them accountable. This makes lawyers very wary of taking on a malpractice claim.

    Use AVVO's find a lawyer tool, to find someone in your area to look over your case. Be prepared to speak to more than one, and be prepared to present all of the facts of what happened to you - dates, times, places, names, etc. Best of luck.

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  • Question about Settlement(Disbursement)) for auto accident & attorney fees & medical expanse

    Gross offer from insurance company : $7,899,89 Less Attorneys fees: 33% : $2,633,30 Less Attorney discount : $571.61 Subtotal : $2,061,69 ------------------------>$5,838.20 Less surrogated Medicals: $5,5546,30 XX insnare paid ...

    Steven’s Answer

    This is always a challenge to explain to clients, but it is your attorney's job to explain how those numbers work.

    If your insurance company (PIP, health insurance, etc.) pays for your claim related medical treatment, it does so conditionally. The condition is, if you collect money from the party responsible for your injuries and it is considered "full compensation," then your insurance company gets reimbursed from the money that is collected from the at-fault insurer, less a discount for attorney's fees and costs.

    This also happens if your insurance company pays for the repairs to your car. Your company pays initially, but since the other driver caused the damage, the other driver's insurance company pays yours back. The only difference with bodily injury settlements, is that a discount is applied due to attorney's fees and costs.

    I would suggest you speak with your attorney, and have the attorney go over the numbers again.

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  • If I accept a settlement from an insurance company what happens if I later need medical treatment?

    I was in an accident with an uninsured motorist (His fault). My insurance company has said they won't pay for any further treatment and want to settle. If I settle and need further treatment can I use my regular health insurance for treatment?

    Steven’s Answer

    It is possible that your personal health plan will cover your collision-related treatment. Given that you have UIM coverage, I suspect you also have PIP (Personal Injury Protection) coverage. PIP covers your collision-related medical treatment for three years after a collision has happened, up through your coverage limit (probably $10,000).

    Not knowing when your collision took place makes it difficult to fully answer your question. I suggest contacting an attorney with experience handling auto collision claims to advise you further. Best of luck.

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  • I need a lawyer or legal advice

    I was in a auto accident, however the other party didn't have insurance, I'm wondering what my option are. I believe they may be withholding information. I'm up to my hills in medical bills.

    Steven’s Answer

    Agreed. You do need some help. Go to, click on the Find a Lawyer section, and search for an attorney in your area who does car accident cases. Speak to a few, and choose the one that meets your needs.

    Good luck.

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  • I was involved in a car accident 21 mo ago while on the job . An individual is now trying to sue me and my company.

    I don't work for that company any more. It was in a company car. Like I said its been 21 months I was on the job in a company vehicle. If he already worked with my companies insurance company, can he come back and sue me? I was sent a letter dated...

    Steven’s Answer

    It is likely that your former company (or its insurance company) has retained an attorney to protect both you and your company. It would be unusual for you to be financially responsible for damages caused while in the job; the company is probably responsible. However, it would probably serve you well to speak with the person handling the injured person's claim to confirm that.

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  • I was hit in an unsigned intersection on my rear bumper. Hit so far back on my car, is 50-50 what I should hope for?

    Intersection was 4 way, no signs. Person who hit me was on my right but I was 98% thru the intersection before she looked up from her phone and then ran into my rear R side bumper.

    Steven’s Answer

    The first car to an uncontrolled intersection has the right of way. If two cars arrive at the same time, the car on the right has the right of way. If a car enters an intersection first, it is the "favored" driver and has established itself as having the right of way.

    Insurance companies love uncontrolled intersection cases because it gives them room to try and deny that their insured was at fault. Don't fall for it. Talk to an attorney, explain your facts, and I think you will agree it was the right thing to do.

    AVVO has an easy to use "find a lawyer" tool that you can use to find the lawyer you need. Good luck.

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