I need to know if i can take legal act on a law firm that get money for wrongful deaths. they made a ad about it.

Asked over 1 year ago - Laurel, MD

i need a surgery and i was getting it on an Monday and I saw a law firm had this ad of a person on the operating table and then she dies. that is not a good ad and that made me scare of getting the surgery . So what am I to do and they have another of a car accident and she does not live. I am single parent of 2 children and it is hard for me to do this. I think they should take it off the air.

Attorney answers (7)

  1. Ian Thomas Valkenet

    Pro

    Contributor Level 16

    15

    Lawyers agree

    Answered . Generally, the First Amendment protects commercial speech. Commercial speech loses its protection if it concerns illegal activity or is misleading.. See, Central Hudson Gas & Elec. v. Public Service Comm'n of NY, 447 U.S. 557 (1980).

    Though the ad upset you, there is no indication that the commercial is unprotected under the First Amendment. However, you can call the television station, the law firm, or Bar Grievance and voice your concerns.

  2. Brandy Ann Peeples

    Pro

    Contributor Level 19

    12

    Lawyers agree

    Answered . No. Unfortunately while this commercial upsets you, you have no damages. Any concerns you have about an upcoming surgery should be addressed with your doctor.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  3. L. Maxwell Taylor

    Contributor Level 20

    12

    Lawyers agree

    Answered . If you don't like the slime oozing out of your TV set, turn off the TV. But suing a law firm because their commercial seeking to attract those whose loved one suffered a wrongful death made you opt out of surgery? Not a chance. Every surgery carries risks, and the risk that you will die is one of those risks.

    Not legal advice as I don't practice law in Maryland or hold licensure there. It's just my two cents on the facts you describe based on knowledge of general principles of law. If you need legal advice, consult Maryland counsel. I practice in Vermont ONLY.

  4. David B Pittman

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . No I don't think you have a case here as you don't have any real damages. If the commercial is upsetting and offensive to you and you think that it is inappropriate then contact your state bar association and make a complaint. Sorry this upset you. Having surgery is scary enough as it is!

  5. Timothy Leo Bowden

    Contributor Level 14

    9

    Lawyers agree

    Answered . ads can be real looking. however, your dr is who you need to be speaking with about this surgery and any and all complications, descriptions, etc.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . No, but you can click off the tv and read a book instead.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  7. Lars A. Lundeen

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . If you have a problem with the advertisement, contact the firm and let them know that.You do not have any cause of action against them.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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