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Michael John Tario
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Michael Tario’s Answers

19 total


  • I got a DUI, my bac is .09. Is there any chance that my charges will be reduced or perhaps be dropped? This is my first offense.

    The cop would not tell me my bac during my first breath test on the side of the road. He just said that I was intoxicated and asked me to go in for more tests. I blew a .09 at the sherrifs office. I was only .01 over the legal limit of .08. Do I h...

    Michael’s Answer

    Yes, you normally would have a good chance of getting the charge reduced. Unless there are some aggravating factors such as an accident or injury. Most of the time you need a lawyer. One of the MOST expensive things people often do is not get an attorney. A DUI can be very expensive. Getting the charges reduced or dropped should be your first priority. The old saying is true, people who represent themselves have a fool for a client. Good Luck.

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  • My brother was in a car accident today at 11 am. Un aware he was dropped from insurance, we went and purchased insurance 3

    Hours later. When we file claim tomorrow will he be covered? He was at no fault.

    Michael’s Answer

    If your brother was truly not at fault, even if he were to be sued he would have a defense and normally he would not be held responsible. If he was properly dropped by his insurance company before the accident, getting insurance "after the fact" would not help anything unless the policy has some language or provision which would reinstate the policy retroactively. If the at fault person has insurance your brother can bring a claim against that person's insurance company and try to recover his damages for property damage and for personal injury. Auto insurance often provides for underinsured motorist coverage and for medical benefits and for collision damage to your brother's car. If he had no insurance at the time of the accident, most probably he is not covered for anything. Otherwise, everyone who is uninsured would run out and purchase insurance after they are involved in an accident. The legal advise I can give everyone is to NEVER let your insurance policy expire.

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  • Do i have a case to sue the hospital or dr.s in question

    My daughter has been battling an illness since The last week of September and running a high grade fever we had taken her to the Emergency room on 4 different occasion each time being given a different diagnosis. first 2 times we were told it was ...

    Michael’s Answer

    There is no easy answer to your question. Cases of this type are very often very difficult to prove. Different initial diagnosis does not prove medical malpractice. The standard of care for ER doctors is not the same as an ENT specialist. It sounds to me like the referral to a competent ENT doctor was a very good decision. A good ENT doctor would be in a good position to properly diagnose and treat your daughter. Once your daughter is properly treated and her medical condition is treated and stabilized, you could have a competent medical malpractice attorney order all of the medical records and have them reviewed by a qualified doctor. I suspect that many doctors may not think that this is a clear case of medical malpractice. Cases like this are very expensive to persue in court. They are strongly defended. Many medical malpractice lawsuits end up in a defense verdict. Even so, many medical malpractice lawfirms will offer a free consultation. If a firm takes your case, they will probably accept it on a contingency basis. The damages suffered by failure to properly diagnose and/or treat are also very important. If the condition/illness/infection had been properly dignosed and treated early, would the outcome and/or damages been any significantly different? If not, the case would probably not be worth persuing. If your daugher sustains any serious permanent damage, you should talk to a qualified medical malpractice attorney in your jurisdiction. The medical records and the opinion of a qualified medical expert are most important as to answer your question. My best wishes and thoughts as to your daughter's recovery..

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  • I want to sue for malpractice on behalf of an estate

    an attorney drew up a will for my terminally ill daughter. The attorney stated in deposition, that he never met or spoke to my daughter (the testator). but got the information for the will from a former client of his and the named beneficiary. ...

    Michael’s Answer

    I agree that any malpractice lawsuit can only be successful if damages can be proven. A person who is incompetent cannot make a will. Ethical issues about the actions of the attorney may have violated ethical rules of attorney conduct, but that in and of itself does not establish legal malpractice. Normally an attorney would never draft a will for someone he/she has never met. Wills must be witnessed which usually requires that the person signing their will attests that the will reflects their wishes. This sounds like it concerns ethical issues that should possibly be reported to the bar association. Has that been done? If so, what was the outcome. This could very easily be malpractice depending on many other facts that would need to be known. If it is, what are the damages? That would be one of the main considerations when deciding if filing a malpractice lawsuit would be appropriate. This might also be controlled by state law...Contact a lawyer in your state to look into these issues in greater detail. There is no simple answer to your question. Consult an attorney.

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  • What can i be charged with if i left my car in a ditch?

    It was dark and I was lost and went to turn around and backed up too far. I panicked and cut the wheel the wrong way and the car went into the ditch. I was picked up by a friend and called my dad to come get it out. the police already had it towed.

    Michael’s Answer

    Most of the time when the police find a car in the ditch and no driver/owner is not there they assume the person was drunk, had no drivers license, had outstanding warrants etc. So, after they arrive on the scene and check things out, they have the car towed. They often look through the car for evidence, drugs, or whatever. They check to see who the registered owner is and make some phone calls and/or knock on some doors. I don't know what your situation really is, so I don't know what the police might be thinking. If your license is suspended or you have warrants that changes the analysis. You or the registered owner of the car will most probably be contacted by the police. You have the right to remain silent as to certain questions the police might ask you. I would contact a criminal defense attorney and tell him/her the whole story and listen to what the attorney tells you about how to handle the situation. Depending on the law of your state, and the real facts, you may or may not have committed a crime. Don't tell the police anything until you have gotten advice from a qualified attorney licensed in your state..Good Luck.

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  • A person im taking care of had a one day surgery and contracted MERSA after the opperation, a RN that i have known all my life 4

    a person im taking care of had a one day surgery and contracted MERSA after the opperation, a RN that i have known all my life 49 years told me that the sergeon who performed the surgery also did surgery on two of her friends who now have MERSA an...

    Michael’s Answer

    If the nurse did not trust the doctor why would two of her friends have this doctor perform surgery on them? MERSA can occur with or without negligence. Most often it is not "caused by a doctor". Without knowing a lot of additional information is is impossible for anyone to say what caused the MERSA, or make a determination if the doctor was somehow negligent. Infections occur on a fairly frequent basis following surgery. The best way to investigate this matter would be to consult with a qualified medical malpractice attorney and have him/her obtain and review the medical records. This would be a starting point. After that, the attorney may have to hire a medical doctor to review the records and render a medical opinion. Just because a person got an infection does not prove negligence even if some other patient of the same doctor also got an infection after surgery. It is best not to jump to conclusions. To prove a malpractice case a plaintiff must have facts and evidence to meet the burden of proof in court. Right now, you are correct to have questions and be concerned, but more investigation needs to be done. Consult with a qualified attorney. I hope your patient/friend recovers.

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  • A person im taking care of had a one day surgery and contracted MERSA after the opperation, a RN that i have known all my life 4

    a person im taking care of had a one day surgery and contracted MERSA after the opperation, a RN that i have known all my life 49 years told me that the sergeon who performed the surgery also did surgery on two of her friends who now have MERSA an...

    Michael’s Answer

    If the nurse did not trust the doctor why would two of her friends have this doctor perform surgery on them? MERSA can occur with or without negligence. Most often it is not "caused by a doctor". Without knowing a lot of additional information is is impossible for anyone to say what caused the MERSA, or make a determination if the doctor was somehow negligent. Infections occur on a fairly frequent basis following surgery. The best way to investigate this matter would be to consult with a qualified medical malpractice attorney and have him/her obtain and review the medical records. This would be a starting point. After that, the attorney may have to hire a medical doctor to review the records and render a medical opinion. Just because a person got an infection does not prove negligence even if some other patient of the same doctor also got an infection after surgery. It is best not to jump to conclusions. To prove a malpractice case a plaintiff must have facts and evidence to meet the burden of proof in court. Right now, you are correct to have questions and be concerned, but more investigation needs to be done. Consult with a qualified attorney. I hope your patient/friend recovers.

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  • What happens when you are on probation and get a summons

    what happens when you are on probation and get a summons for the exact same charge you are on probation for?could you get sent to jail?or should i plead not guily beings that a few days later my probation ends?

    Michael’s Answer

    Normally, getting a summons for the same charge you are on probation for is not good. You must obey the summons or face being arrested and put in jail. This depends on what the summons is for. Normally, when your probation ends someone will check to see if you have been convicted on any new crime. Also, normally your probation REQUIRES you to inform your probation officer of any new charges or arrests. Once you go to court on the new summons you should plead not guilty. You should contact a criminal defense attorney at once. If you cannot afford an attorney ask that the court appoint counsel for you. You need to seek the advice of an attorney as soon as you can. Waiting to see if anyone finds out about your new charge is not the best idea. Its too bad that you didn't learn that much from your first offense and you decided to get into trouble again. Judges get upset about things like this and punishment usually increases the more often you get into trouble. But, I am sure you already know that. Get an attorney, if possible before you respond to the summons. Good Luck.

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  • How long does it take to receive my settlement

    i was in a car accident on july 22 2010 i was not in faut. I was driving my boyfriend car he had insurance but she did not. I was taken to ER with left arm and left hip pain.a lawyer here in mississippi call me up after my accident . He ask as me ...

    Michael’s Answer

    I can't tell from your question if you have hired an attorney or if you have been offered a settlement by the lawyer for the insurance company. If a lawyer called you up and asked you if you have pain, that does not sound like you hired that attorney. Almost always to hire an attorney you have to go to their office and sign a retainer agreement and medical release documents. If an attorney offered a settlement to you they are from the at fault person's insurance company. If you agreed to settle for a certain dollar amount it usually takes between two and four weeks for the settlement to be final. If you have not hired an attorney you should contact a qualified personal injury attorney to look into this for you. Very few lay people know what a fair settlement amount would be. Insurance companies often take advantage of the lay public and offer settlements for much less than the case is worth. Be careful. If you have not hired an attorney, schedule an appointment with an attorney as soon as you can...Good Luck.

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