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Andrew Daniel Myers

Andrew Myers’s Answers

13,026 total


  • When is the best time to get a lawyer ?

    I was in an accident 3 days ago. I live in FL so all of my medical billing is processed through my car insurance. The other company has accepted liability to fix my car, but they don't take care of billing. Should I get a personal injury lawyer to...

    Andrew’s Answer

    Retaining an experienced personal injury attorney in your jurisdiction at the outset of a case is extremely important. Insurance companies have checklists of questions and assumptions about a claim that will largely dictate how the case will proceed, from the severity of any injuries they are able to minimize to whether or not they will in fact in the end treat liability as 100% on the bodily injury side as they have on the property damage side. My office generally can protect car accident clients against the mishandling of a claim more effectively the sooner we are given the opportunity to assist. Here are 10 reasons to retain a personal injury attorney at the start: http://www.attorney-myers.com/2012/10/personal-injury-10-reasons-not-to-do-it-yourself/

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  • Captain Morgan wants to send a medical team to my home to retrieve the bottle and tooth. Should I let them take it?

    I purchased a bottle of Captain Morgan at a local had station several months ago. This past week when I was finishing a drink my husband made, I sucked up a tooth in my straw. A human tooth. That didn't belong to myself or my husband. My husband h...

    Andrew’s Answer

    I used to hate it when people told me "Well, I've been practicing law for xx number of years so ...... " because it sounded pendantic and boastful. But, now that I have been practicing personal injury law for over 25 years, I can pass along the observation that many many tinmes people have come to me after having tried to handle a case themselves. Whether it was a bottle with something awful inside, a broken widget, or a defective gizmo, they sent it into the entity that they are now claiming caused them harm, and they are now shocked that it got "lost". And things in that context have gotten "lost" so many times that I have been meaning to call Webster's and asking them to redefine the word "coincidence". On a serious note, here's more on emotional distress: http://www.attorney-myers.com/2012/04/personal-injury-emotional-distress/

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  • When Summary Judgement is filed, if the other side does not contest Summary Judgement, will Court automatically grant Judgement?

    Looking for an experienced lawyer in the Pittsburgh, PA area who has successfully filed Summary Judgments.

    Andrew’s Answer

    While nothing is ever completely automatic and there can be facts and circumstances that intervene, a motion for summary judgment essentially notifies the court that the moving party believes that it is entitled to judgment as a matter of law, without trial, based even on the uncontested material facts. This puts the non moving party on the defensive, giving them the burden of coming forward in good faith with some contested material facts that mean summary judgment is not appropriate. Generally speaking this is done with an affidavit that the non moving party submits raising genuine issues of material fact. So, yes, retaining an experienced attorney in your jurisdiction is very important ASAP because uncontested, a motion for summary judgment can in fact trigger an automatic judgment. Here is more on motions for summary judgment and other dispositive motions: http://www.attorney-myers.com/2013/01/dispositive-motions-motions-for-summary-judgment-etc/

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  • Is this establishment at fault in any way

    My daughter was in a very bad car accident...she is 17 she was at hotel where she was to be staying for the night ...she was ordered to leave the premises due to allegedly being to loud ...no police where called just the management made her leave....

    Andrew’s Answer

    Whether the car accident and injuries would have followed or not is a highly charged question involving the question of legal causation, which goes beyond the simple "but - for" analysis. Thousands of pages of material have been authored by judges, professors and just common ordinary attorneys like myself, but a determination will rely upon many more key facts. Was the accident caused by some factor for which the hotel management might have foreseen and - this is important - would a court assign any duty to the hotel even if foreseeable, to prevent harm to your daughter? These are some of the many issues that would come up and the only way to answer them is to obtain an office consultation with an experienced personal injury trial attorney in the jurisdiction in which this took place. Not an easy case. But, here's more on causation from a legal perspective: http://www.attorney-myers.com/2013/06/proximate-cause-personal-injury-caus-requirement/

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  • If workers compensation is only for getting me as close to original state, what about my mental state? do I have the right suit

    I already have a workers compensation lawyer and suit. I am looking now for mental anguish, now that i have been diagnosed with severe depression, concussion

    Andrew’s Answer

    Workers compensation benefits are fairly limited and spelled out by state law in each state. Emotional distress in the way that people use those words in conversation and a legal claim for emotional distress are two different things. The courts noted a very long time ago that strict guidelines are established before they will consider emotional distress claims. Most courts will not allow such claims unless the emotional distress is accompanied by physical symptoms documented in a medical report. The exception is “intentional” emotional distress and/or what the courts sometimes have referred to as the tort of “outrage”.

    Here's the deal: only your own attorney who knows you, the details of your case and your state's law can truly answer this question.

    I truly wish you the best.

    Here's more on workers compensation & limited benefits: http://www.attorney-myers.com/2012/12/workers-compensation/

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  • Will a smooth 341 meeting mean no trustee objections.

    if you have a basic 341 meeting with no probing questions, can you assume it's smooth sailing to discharge? would the trustee file objections if there's no hint of trouble at your meeting?, assuming no creditors object?

    Andrew’s Answer

    Generally speaking, and without knowing all of the inside details of your bankruptcy petition, of which there are usually many, a smooth creditors meeting or "341" as we all call it, can mean the Trustee will have no objections. Creditors still have 60 days after the 341 meeting to object although this rarely takes place unless there are unusual issues such as fraud. Bankruptcy requires full, truthful disclosure of everything regarding your income, assets and debt. I believe most of us who have sat through creditors meetings have seen horror stories among those who have attempted a do it yourself approach. That is why I usually suggest that potential bankruptcy filers or "debtors" as they're known under the U.S. Bankruptcy Code, truly cannot afford NOT to retain an experienced bankruptcy attorney in your jurisdiction to guide you through the procedural and legal challenges in bankruptcy.

    My office represents consumer debtors in chapter 7 and chapter 13 bankruptcies in Massachusetts and New Hampshire. I hope this answers your question, I wish you the best for smooth sailing, and here's more: www.attorney-myers.com/legal/2011/06/should-i-file-bankruptcy-what-do-i-consider-while-thinking-about-it/

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  • If I pay a retainer for filing Chapter 7 Bankruptcy and notify creditors not to contact me can they still pursue collection.

    Most debt is small secured loans with personal property. Do they still need to follow SC Law regarding Notice of Intent to Cure before attempting to obtain collateral? I cannot pay full lawyer and filing fees at one time.

    Andrew’s Answer

    Many bankruptcy clients need to work out a pre bankruptcy filing payment arrangement, so your situation in needing time to pay the full fee prior to the Chapter 7 filing is not unusual at all. In my office we allow our clients in this pre filing status to give the creditors and bill collectors who call our contact information and tell them to politely but firmly terminate the conversation. Under the Fair Debt Collection Practices Act once the creditor is given that information they must stop their personal contact with the debtor and communicate with the attorney. With respect to your specific financial issues you need to fully discuss them with your own attorney. Here's more general information about debt collection: http://www.attorney-myers.com/2015/07/debt-collection-harassment/ I want my clients to tell me everything that is going on so that we can identify their financial issues. So, you need to do the same. I hope this information helps.

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  • An ex of mine got a DUI, wrecked his car, and to help him out I bought him a bike which he promised he'd pay me back for. I

    also paid for his dog to go to the vet, among other financial help to get him into his own apartment. I broke up with him and didn't want anything from him. I was just trying to help him because I wanted him and his dog to be ok. Very foolish o...

    Andrew’s Answer

    Consumer bankruptcy such as Chapter 7 does in fact discharge unsecured debt. Unsecured debt includes credit cards and the kind of contractual liability that you have described. The exception is if you can prove that at the time that he signed that contract he had intent not to pay. The answer to your question is that you should not have a major issue having the contract to which you both agreed and signed and honored if you take him to court before he files bankruptcy. If he files a bankruptcy, then the issues you face could get a bit more complex and at that point you should consult with an attorney. Your other question as to whether he can discharge the debt even though it's in the contract that he can't, raises the issue of whether people can agree or contract their way around bankruptcy law. The answer is no. Bankruptcy law supersedes private agreements to the contrary and the discharge would cancel his legal obligation to pay that debt to you. Here is more info on bankruptcy basics: http://www.attorney-myers.com/2012/04/bankruptcy-basics/ I wish you the best with this issue.

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  • How can I get a notarized photo ID?

    How much it will be charged?

    Andrew’s Answer

    Notarization is generally only for documents or statements. By having a notary public sign a document, the person is swearing that the statement is true and/or made for the purpose stated therein. Examples include an affidavit wherein the signer is swearing that all of the statements are true. You likely need a photo ID from the state, if you don't qualify for a driver's license for whatever reason. If there is some particular special reason you need a "notarized photo ID" please re-post your question and provide details. Best wishes.

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  • Creating a will

    If I can't afford a lawyer but feel the need to have a will created just in case, what is the best option? It's simple instructions and just need to name an executor for the will. There are some templates online but what is a good way to have one ...

    Andrew’s Answer

    With another attorney once I went to the paperclip store and purchased some of those quickie will kits just to take a look. We did a local cable TV show and it was interesting to see that these one-size-fits-all instant will kits did not address many points that are important. For example, every state has it's own laws regarding wills, the number of witnesses required, and how to do the self-attestation clause so that the witnesses would never have to actually ever appear in court. If you truly want to save money, retain a local attorney who does wills. The goal is to properly enact a valid will in your jurisdiction. Here's more on what I mean: http://www.attorney-myers.com/2015/04/wills-clear-and-precise-avoid-disputes/ Some of the nastiest litigation cases I have ever been involved in have been will disputes. Do it right the first time to avoid problems. Forget about the 'standard' templates. I hope that this has helped and I wish you the best.

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