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Andrew Daniel Myers

Andrew Myers’s Answers

13,026 total


  • Should I take legal action against a physician.

    I have end stage renal failure. On August 6 of this year i had a Peritoneal catheter surgically implanted on the left side of my stomach. I had the stitches removed two weeks later by the physicians assistant. He did not use gloves or sterile ...

    Andrew’s Answer

    Infection is a risk of most medical procedures. You should do whatever you can to obtain an office consultation with a medical malpractice attorney in your jurisdiction. The reason I suggest an office consultation with a medical malpractice attorney is that such cases unfortunately become extremely complex and one seemingly small fact can have great import in the analysis as to whether medical negligence has occurred. A bad medical result - as awful as it is to you and I - is not enough to support a medical malpractice claim. There needs to be proof of a breach of duty by the medical provider which causes substantial damage. Here's what that means: http://www.attorney-myers.com/2012/09/medical-malpractice/ I seriously wish you the best.

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  • Do I have a case for emotional distress or negligence? The owner gave me her insurance information to file a claim.

    I was at a salon receiving an eye brow wax. The employee waxed off half my eyebrow. She did give me some filler to paint on every morning. I am deeply upset about this. The owner gave me the insurance companies information. What does this mean?

    Andrew’s Answer

    Emotional distress cases require either an act of what the law calls "outrage" or, if the conduct does not rise to the level of outrage, then documentation of medical treatment is required. The distinction is whether or not the emotional distress is caused by intentional conduct or negligence. An example of outrage is a company that decided to start firing people in alphabetical order until someone confessed as to how cash was disappearing out of the cash drawer. My call, without knowing all of the facts here, is that your experience is the result of negligence. I've known people to handle these cases themselves in a small claims court and maybe get something. Here's more on emotional distress law: http://www.attorney-myers.com/2012/04/personal-injury-emotional-distress/ I wish you the `best with this.

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  • I need a lawyer to review my mother's will. I want to contest it.

    My mother was deeply depressed. Her husband was killed by police a few months ago. She spoke with her sister-in-law about a living will a few weeks ago. While crafting the leaving will, the sister-in-law talked my mother into creating a will. ...

    Andrew’s Answer

    I agree with attorney Klenk 100%. Contesting a will is like pushing a rock uphill, generally speaking the courts want to believe that wills do in fact represent the decedent's last wishes. But I would obtain a consultation with an attorney that has handled will contests right away without any delay.

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  • If my website greatly facilitates web messaging between it's members, what liability/legal exposure do I have for bad content?

    I have a business model for a website where members can contact (potentially) many thousands of other members all at the same time. I can't control what they send in their messages. Some jerks are liable to send pornographic, threatening or other...

    Andrew’s Answer

    Have an attorney write very strong terms of service that all of your subscribers must accept prior to their inclusion or membership in the website. Have someone in your employ monitor and be prepared to remove offensive material. Under defamation law there is "repeater liability". Generally speaking, under this concept each repetition of a defamatory statement by a new entity constitutes a new publication and so this is why it is wise for you to take steps to protect your company. You also would be required to take all reasonable steps to prevent and remove objectionable material such as pornographic content. I wish you the best.

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  • In a auto accident do you need to go to a hospital emergency room or will your private MD suffice

    A friend was involved in an auto accident on Sunday 8/31/2015. Will the cost of her Dr's emergency visit be covered by the insured's insurance company (Gieco) and will any missed work time be covered? She's a temp without any medical benefits or ...

    Andrew’s Answer

    If your friend is injured your friend needs to obtain the medical attention required to resolve and heal that physical ailment. Worrying about who pays and how and when or insurance considerations should be secondary and taken care of later after necessary medical attention is received. First things first.

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  • I want to sue foodcity corporation for pain and suffering and damages my daughters has been through from their neglagence.

    gabe had been working for foodcity for over a year but child support doesnt know because his friend at food city was hiding him so he can keep all of his checks without no garnishments from child support so my daughters not getting her money and w...

    Andrew’s Answer

    With all due respect it is extremely difficult to understand the post here but from what I can glean the employer appears to have been bending over backwards, even potentially breaking the law, to help and now you want to sue them. I may be very wrong about this but a lawsuit against the employer would not seem prudent or viable. I highly recommend that the individual involved seek out an office consultation with an attorney in your jurisdiction so that you and he can explain the facts and get to the bottom of your concerns. I wish you the best with this.

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  • If I file a Motion to Stay and it's granted, do I have to file an answer to a civil suit?

    A party filed a civil suit against me in which he stated false and harmful allegations against me regarding another civil suit between me and a third party. Party one will be called as a hostile witness in third-party case and the allegations are...

    Andrew’s Answer

    If a motion to stay would be granted the case is essentially placed "on hold" and so in that event the answer would not generally be required. However be very careful because an answer is required generally in a very short period of time after the papers are served upon the plaintiff. Without knowing more than is posted in a couple of lines here, it would seem relatively simple to answer the complaint. An answer is not a lengthy dissertation but generally only requires a good faith "admit", "deny" or language to the effect that defendant is unable to admit or deny and leaves the plaintiff to prove same. The best suggestion that can be made to you is to retain a civil litigation attorney in your jurisdiction to ensure that your rights are fully preserved and pursued under the rules of civil procedure. I wish you the best with this.

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  • How much should I expect for this personal injury? Looking for a new lawyer

    I was 18 going on 19 when I suffered an accident it was over a year ago. I suffered bulging discs and herniation on my neck. I was driving my friends car and I was hit straight on from the back while I was stopped at a light. The car was going abo...

    Andrew’s Answer

    Many factors go into the evaluation of a personal injury claim including the information included in your post, but a great deal more information is also needed. My advice is to schedule an office appointment with your attorney so that you can sit down and review the facts and status of your injury claim. if you are unable to do so or if you are not satisfied you do have the right to retain new counsel. It is not unusual for injury claims to take time to bring to a conclusion. Medical records may not be as clear as they should be, the insurance company may be stubbornly fighting liability and damages, which is what insurance companies do. But here is my answer to the question of how much is my personal injury case worth: http://www.attorney-myers.com/2011/06/what-is-my-personal-injury-case-worth/ I wish you the best with your case and the issues you mention.

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  • Can i find a lawyer who will accept 33% NET for a premises injury?

    The case has photographs depicting liability very clearly. i have medical insurance and could utilize that without involving an attorney and could initially send a demand letter myself. Unfortunately, someone in my family was burned in the past an...

    Andrew’s Answer

    Retaining the best attorney to optimize your case isn't like buying a car. Either way you have every right in the world to shop around and get the best possible deal. Question whether the "deal" is for the cheapest good or service that will serve you most effectively. Any case requires financial outlay of cost in terms of medical records - not the tear sheet medical offices give you to get you out of the office. Personal injury attorneys work on a contingency, which means they only collect payment for their work if they win. I would advise you to speak to a few attorneys and to retain the BEST attorney, not the attorney who might promise to save you a few bucks. My grandmother told me 'you get what you pay for'. Here's more in contingent fee agreements: http://www.attorney-myers.com/2012/03/personal-injury-contingent-fee-agreements/ Also, please do not take this the wrong way but there is no such thing as an 'open and shut case' especially in a premises liability case. I certainly wish you and your family the best with this.

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