Do we need a lawyer ?: My daughter got rear ended a couple weeks ago, she was not injured nor her passenger. The guy who rear ended her did not stick around but my daughter got his plate number. We decided to use his insurance company for the damage on my daughters car. He claims he was not in the area or he rear ended anyone, he claims he hit a deer. He is now represented by a lawyer. Do we need a lawyer?
Jeremiah’s answer: Your insurance will be able to pursue reimbursement of the claim (and your deductible) from the tortfeasor or his insurance. I would turn it over to my insurance carrier and let them handle it. I would not spend money on a lawyer in this situation.
Is it malpractice when you have a heart attack that you think could have been prevented?: i go to the MD every 3 months. My Dr is old & probably past retirement age. i have complained with heart issues & concerns since before 2016: racing, flutters, taking my breath away, etc. I was sent for a couple of tests but was never told anything. My cholesterol was not good and every 6 months he would say we will try with diet, then recheck, if not better he will give me med. rarely did he recheck & when he did, I had to ask. When he would listen to my chest, heart rate & breath sounds, he would bang the bell of the stethoscope constantly. i know all he could possibly hear would be the banging noise. I am a nurse & I know that's all he could've heard. i had the heart attacks not long after a visit with him. When he listen to my heart if he wasn't pounding the stethoscope, I would think he could have got some kind of indication that one of my arteries was 100 percent blocked & 2 others were partially blocked. I now have 3 stints & heart disease because that was seen when they were doing the stints. I'm not sure how long i have had it. I am 52 yrs old. I have told the Dr several times how concerned I was since my mom passed away at age 53 from a heart attack. Can anything be done?
Jeremiah’s answer: You could consider filing a complaint with the medical board, but a medical malpractice case would most likely not be viable under Alabama law. Even if you could prove that the Doctor violated the standard of case (which is extremely difficult at best), you will be unlikely to find an attorney that can justify the risk of the case. This is for two (2) reasons. One, medical malpractice cases are really tough and really expensive. Most lawyers that I know that handle these cases, will only take one on if the damages are really high. Typically, you need to be paralyzed or dead to justify the expensive experts. That is before you even get to the subjectivity of the injury suffered as Mr. Weinberg explains. Encourage your friends and loved ones to learn from your situation. If the doctor isn't listening or paying attention, find a new doctor.
I live in Alabama, had an accident in New Mexico, do I have to sue in NM or can I sue from Alabama?:
March 1, 2017, I tripped on a <1", unmarked curb at the Walmart at Southern & Unser in Rio Rancho, NM. This curb is not marked in any way. I wear bifocals and could not see that there was an increasing height of the curb. I put my right arm out so I wouldn't land on my face. I did land on my left knee and stiff right arm. My left shin and right palm were bloodied. I went inside to report it to the Walmart people, they took a report and that was the end of it. I asked them to pay medical bills, they said no. I asked them to paint the curb, they said no.
Now, 2 years later, I am suffering from a painfully injured hand, elbow and shoulder. I've tried PT, chiropractic and acupuncture with no relief. I've taken pain pills off and on for 2 years now. Today I am on both a pain killer and an anti-inflammatory.
I am considering suing Walmart. Can I do it here in Alabama since I live here now and they are a global company? Or do I have to sue them in New Mexico where I had my accident?
Jeremiah’s answer: You must file where you were injured. You should consult with a New Mexico lawyer ASAP to ascertain the statute of limitatations. If you had been injured in Alabama, your claim would have already be extinguished by the statute of limitations (2 years). I think it is three (3) in New Mexico. I would recommend Rick Barrera in Albuquerque.