F. Dayle Andersen JR's Answers

F. Dayle Andersen JR
Spokane Personal Injury Lawyer.
Contributor Level 6

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Attorney answers:

  1. F. Dayle Andersen JR

My ex-wife who is a nurse gave out medical information to be used against me in another marriage custody battle.?

Asked by a user in Idaho Falls, ID - about 3 years ago.

I believe that was a HIPPA violation. If you want to make a complaint, you need to contact the Secretary of Health and Human Services in Seattle. The link for the site is http://www.hhs.gov/ocr/privacy/psa/complaint/index.html. If you believe that a person or organization impermissibly disclosed PSWP, you may file a complaint with OCR. OCR is responsible for the investigation and enforcement of the confidentiality provisions of the Patient Safety Rule. OCR will investigate complaints...

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Attorney answers:

  1. F. Dayle Andersen JR

Can I sue to recover medical cost for infection caused by nail salon ?

Asked by a user in Spokane, WA - about 3 years ago.

You may have a claim, but the owner will likely argue both that they did not cause the infection, which may be a difficult thing to prove, or that you failed to treat it appropriately and that is why you suffered the degree of injury that you had. You might want to send a letter to the salon asking that thye notify their insurance carrier of your injury. They will contact you directly, and may tender an offer to settle.

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Attorney answers:

  1. Peter Robert Stone
  2. F. Dayle Andersen JR

Will the monies that may or may not be received via Personal Injury case be distributed thru Bankruptcy Chapter 7 case?

Asked by a user in Hayward, CA - almost 3 years ago.

Bankruptcy has become an issue lately in a number of personal injury lawsuits. FYI, if your bankruptcy attorney gives the claim a nominal amount, some courts have determined that whatever the amount is binds you to that claim amount in the subsequent personal injury action. However, getting back to the bankruptcy issue, if you have not filed, then your claim may be considered as a part of the estate subject to the attachment and distribution rules that apply to any asset. I have not yet...

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Attorney answers:

  1. F. Dayle Andersen JR

What are the penalties for an unlicenced minor in florida who backed into another vehicle on accident?

Asked by a user in Ocala, FL - almost 3 years ago.

If you mean what are the criminal ramifications, that depends on Florida state law, she could be cited for driving without a license which could either be an infraction ( a fine) or a misdemeanor ( potentially jail and a fine). As for civil liability, she is clearly the driver "at fault". She could be sued, the owner of the car could be sued, and the person who placed her in control of the vehicle could be sued for damages (depending on Florida tort law), this may or may not be covered by...

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Attorney answers:

  1. F. Dayle Andersen JR

I need to know if I get married can my fiancee's assets be taken if I am sewed from an auto accident

Asked by a user in Riley, KS - about 3 years ago.

Most states do not extend liability to fiancee's. However, a judgment against you would be directed to any property that you have an interest in, most likely. Did you have insurnace? Did the vehicle owner have insurance, i.e. the car you were driving? If so, contact your insurer. Also, you should discuss with a local family law attorney to determine the accuracy of teh foregoing, as I am not a Kansas attorney.

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Attorney answers:

  1. F. Dayle Andersen JR
  2. Jason Austin Joseph Lundberg

Can an auto insurance company settel one calim from the same accident and deny fault in the other?

Asked by a user in Nashua, NH - about 3 years ago.

Presumeably, the same insurance company would have a difficult time explaining denial of coverage in that instance. However, they may dispute the relationship of the inuries to the accident. If that is not the basis for their denial, I would suggest contacting your state insurance commissioner's office.