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Tristan C. Larson

Tristan Larson’s Answers

13 total

  • Can the assets I have with my new fiances name on them too, be touched by my ex whom after 6 years I have filed for divorce?

    Tristan’s Answer

    Hi the short answer is yes, she is able to ask the judge for a portion of your assets even though you've been seperated for a long time. But the length of the seperation is also something the judge can consider - and almost certainly will consider. So probably you'll have to share some part of your bank accounts, etc. with her but not half.

  • My father supposedly died from suicide but I doubt that, the wife didn't want a autopsy. How can I get a autopsy now?

    Tristan’s Answer

    You'll have to act quickly obviously. Call the state's attorney and ask for an investigation. Call the funeral director and tell them you want an autopsy. File a petition in probate court to have yourself named as the administrator of your father's estate so that you can file a lawsuit.

    Watch out for the statute of limitations for wrongful death in your state - sometimes these are shorter than for other cases and you might be out of luck if you don't file a lawsuit in time.

  • My brother was hit and killed in Kentucky by a driver at 17 year old driver and I was wondering if I could sue his insurance com

    Tristan’s Answer

    The short answer is yes. Like many legal answers, however, there are complications. You will need to be appointed as the administrator of your brother's estate first, which is usually a pretty simple process. If your brother had a will the will may appoint someone to be the executor of the estate (which is the same thing for all practical purposes). You would need to open an estate by filing papers in the probate court where your brother lived. When you have been appointed, you would file a lawsuit if necessary in the name of his estate. Watch out for the statute of limitations - in many cases the time limit for filing a lawsuit for a wrongful death is shorter than the time limit for filing a negligence case for someone who is alive. Finally, once you are appointed, you can negotiate with the insurance company (who should pay out the limits of the insurance immediately based on what you're describing as an obviously at-fault driver). Keep in mind that your brother may have had insurance (UIM insurance) that would also be available.
    Shorter answer: you probably want to get legal help in your brother's home state and in Kentucky

  • What should my sister do to protect herself(and kids), her husband recently told her "he's not sure he wants to be married any?

    Tristan’s Answer

    Apart from stuff with kids (not sure who the college payments refers to) the Vermont court will divide assets and award spousal maintenance (alimony). It sounds like there's a significant difference in income, so your sister will very likely have alimony after the divorce because the marriage has lasted more than 15 years.

  • CCan i file malpractice or medical negligence ?

    Tristan’s Answer

    It sounds like you have a good claim, from the little bit of information here. You need to speak with a good medical malpractice lawyer in your jurisdiction, though, and soon. The best way to find the right lawyer is by asking another lawyer for a recommendation - we usually know who is doing good work in the field.

  • Do I have a medical Malpractice case, if so should I speak to an attorney now or wait til after surgery?

    Tristan’s Answer

    Get the surgery now. Work on getting healthy first, a lawsuit should be the second priority.
    You should talk to a medical malpractice lawyer in your jurisdiction, though, as soon as you can. There are statutes of limitations (deadlines for filing lawsuits) that could kill your case if you wait too long. These are different in different states. The best way to find a good lawyer is by asking a lawyer for a recommendation. We usually know who is doing good work in a particular area of law, even if we don't practice in that area ourselves.
    And you might have a good case by the way. It will be somewhat difficult if you really aren't getting a read on EMG. Definitely talk to a lawyer in your area.

  • Someone dug a well on our property. What should we do?

    Tristan’s Answer

    You could sue for trespass to your land, and ask for a court order to remove the well (or cap it?) and the trench/water lines. Or you might approach your neighbor and tell the him that you don't really want to do that, so he should buy some of your land from you including the well. Talk to a zoning/land use lawyer about this though, and keep in mind that you only have a certain period of time to file this claim.

    Robert Frost said "good fences make good neighbors."

  • Can I sue advanced health for giving me a rhogam shot at 5 weeks

    Tristan’s Answer

    Possibly. Rho(d) is typically given much later in the pregnancy, unless you were experiencing complications already. Call a medical malpractice lawyer and see if they will look into it for you. The lawyer would need to get an OB/GYN or other expert to consult on the case and it would probably be quite complicated, but do look into it.

  • Is this considered pre-existing Mild degenerative changes at C4/C5. No acute fracture subluxation.

    Tristan’s Answer

    You have a claim, and should speak with a lawyer about it. Degenerative changes could be from the accident, or could be worsened by the accident. Also, even if the injury doesn't show up on an x-ray, you could still have soft tissue (muscle and tendon) injuries.

  • Our daughter must continue treatment because Koolsmiles left her braces on too long & now she suffers to correct their mistake.

    Tristan’s Answer

    You would need another dental expert to explain that the orthodontist violated the standard of care, in other words, that the error was bad enough that a reasonably careful orthodontist would not have made that mistake.