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James C. Bergstedt

James Bergstedt’s Answers

3 total

  • Can I hold a hospital liable for malpractice due to an injury?

    James’s Answer

    You may have a cause of action against the nurse and/or hospital if the nurse did not comply with the "standard of care" and her purported negligence was the cause of your injury. A review of the medical records (including those records from treatment you've received for the injured wrist) can be informative.

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  • Can I file a claim against the school district for backpay from last year?

    James’s Answer

    Generally speaking, a party to a written agreement has six years to pursue one's claim for breach of contract. Although many claims against government entities must be pursued within one year of when the claim arises, such a time restriction does not apply to claims arising under contractual claims or obligations. This means your demand for the increased pay for the prior year would not necessarily be time-barred.

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  • My neighbor's rain gutters are shunting water into my foundation which is causing my basement to flood. What can I do?

    James’s Answer

    It sounds like you have a viable claim against your neighbor if you can somehow link the flooding to faulty installation of your neighbor's rain gutters. Independent expert analysis could confirm this and offer adequate support for a demand letter if you want to try and resolve this short of protracted litigation.

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