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Gary Kester’s Answers

835 total


  • Is medical battery a form of malpractice?

    Is medical battery a form of malpractice?

    Gary’s Answer

    More information is needed, how did you determine there was a battery

    See question 
  • My son was circumcised at birth before I knew what harm he'd be undergoing. Is there anything I can do to go after my doctor?

    I feel the doctor was not even close to forthcoming to me about circumcision when I asked about it. I regret it more then anything in my whole life. I've sense learned all about it and how a doctor violates their oath to "do no harm" when they per...

    Gary’s Answer

    What harm was done to your son?

    See question 
  • My son was involved in a minor car accident that was the others persons fault. The person at fault called her insurance company

    The person at fault called her insurance company and informed them she was at fault. My son went to the insurance company and they put together a report of $2000 in damages. That was three months ago. What can I do to collect?

    Gary’s Answer

    Is your son a minor?
    This is his claim, not yours, YOU cant do anything to collect absent him being a minor or having a legal interest.

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  • I am being sued for injuries from my dog, how can I prove my case?

    I have a fenced yard and my dog is tied with a leash. I adopted my dog from the SPCA and is trained. My dog never has bitten anyone. There was never a police report made. My neighbor just went straight a lawyer.

    Gary’s Answer

    Notify your homeowners insurance. You do not need to prove anything, it is the Plaintiff with the burden of proof. Keep your mouth quite about the yard and the facts you know, wait to see if their story adds up, again though, notify your homeowners insurance.

    See question 
  • Our child fell from a trapeze bar on a neighbor's play-set and broke her arm.

    They will not utilize their guest medical to pay the nearly 1000 in out of pocket expenses from the hospital and surgery. Do we have any recourse? Can we file the claim ourselves?

    Gary’s Answer

    An accident on another persons property does not establish liability. There must be negligence on their behalf. You did not say anything that would lead me to believe there was negligence.

    That being said, great neighbors (sarcasm) I would not hesitate for a second to fully investigate a claim with people like that; your children are over there, presumably safe, and when an accident happens and they have medical payments coverage, they act like this? I am trying to think outside of the box for you but perhaps there is a breach of contract for you with the insurance carrier under a 3rd party beneficiary theory. Sit down with an attorney in your area and good luck.

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  • My car was hit on October 16th in CT. The company has accepted full liability but they aren't answering or returning my calls.

    I've tried contacting the claims processor assigned to this case as well as his supervisor. Neither have returned my phone calls and I don't understand how such a simple case like this is being pushed for weeks when it should be open and close. Wh...

    Gary’s Answer

    I agree with the fine attorneys above. I only add make sure you are writing letters, that is much better than simply saying, "I left a voicemail". At the end of the day, this is why you retain counsel.

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  • Under Texas Law does a County Government have immunity from a civil tort for Malicious Prosecution?

    I was charged with a Felony and a Misdemeanor which were abandoned by the prosecutor for lack of evidence. This cost me considerable money to defend. They then tried on five more occasions to charge me with various other crimes including perjury,...

    Gary’s Answer

    I agree with the fine attorney above. I despise making this suggestion, but if you believe an attorney acted unethically as you suggested, you could also contact the State Bar. Good luck

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  • I was in an accident and given a ticket for "Failure to yeild right-of-way" and am concerned about being sued

    I don't remember exactly what happened, but from what I can remember, I was sneezing and failed to yeild to oncomming traffic. I was hit and my vehicle was totaled. I was sent an e-mail by my insurance company stating damages and rental car reembu...

    Gary’s Answer

    Let your insurance company know, if you have it. Judgments are an issue, talk to an attorney

    See question 
  • My husband is having an affair. He doesn't know that I know yet. What do I need to do to prepare and educate myself?

    All of his bank accounts and financial accounts are in his name only. We live in CA and have been married 17 years. Custody will not be an issue.

    Gary’s Answer

    Talk to a divorce lawyer and/or counselor. Good luck

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  • Can you enter the UK with a domestic battery misdeamenor without an entry clearance or visa that is almost 3 years old.

    Probabation is over.

    Gary’s Answer

    I agree with Mr. Doland.

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