Archived
Is my former lawyer entitled to 40% of my settlement that is negotiated by my new lawyer or by other means like mediation?
Joseph's answer
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Answered on May 10, 2013
If you get another lawyer and the arrangement is still for 40%, the contingent fee is divided between the incoming and the outgoing lawyer at the...
Archived
In dec. 2012 was in hospital in tx for chest pain spent 3 days having test run for heart attack i was released and told it was
Joseph's answer
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Answered on May 10, 2013
But you didn't die, and you didn't kill anybody else either. You can't sue for what might have happened.
Archived
Is it malpractice if doctor tells me i have arthritis and gives me cortisone injections but later I'm diagnosed with blood clots
Joseph's answer
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Answered on May 10, 2013
Maybe. There are three elements to a malpractice claim: dpearture from accepted practice, causation, and damages. You apparently have the damages....
Can I as attorney in fact for my mother fulfill her duties as personal representative of an estate?
Joseph's answer
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Answered on May 10, 2013
A personal representative is an agent. An agent can't delegate to a sub-agent. If your mother is having difficulty discharging her duties as...
Archived
Why would an inheritance be issued as a gift?
Joseph's answer
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Answered on May 10, 2013
Hidden agenda? Most likely just bureaucratic rules of the credit union. An account can be held by two people in different ways. If the daughter is...
Archived
My mom was diagnosis with cancer they started chemo and dialysis then she died ? What do we do
Joseph's answer
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Answered on May 09, 2013
I agree with the other lawyers who answered that this would be a tough case. Unfortunately your mother died of a heart attack which may or may not...
Archived
Is a paralegal required to provide a copy documents I hired him to draft when I can't find my copy?
Joseph's answer
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Answered on May 09, 2013
Most pro se legal work is bungled. A paralegal isn't a lawyer, is unregulated and has no disciplinary authority to answer to. Get a bankruptcy...
Archived
Who has the authority to request a wrongful death suit, and if it were to be won, who would receive any award?
Joseph's answer
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Answered on May 08, 2013
No, your interpretation is not correct. The executor has the authority to commence a wrongful death action. In fact as legal representative, the...
Archived
Why Imaging Centers are not paid for service when insurance companies refuse to pay for lack of medical necessity ?
Joseph's answer
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Answered on May 08, 2013
Since you are in the business of providing medical services you must know that getting reimbursed is based on the law of the jungle. Insurance...
Archived
Distributing insurance money from deceased father's estate among three children and one of the children is deceased.
Joseph's answer
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Answered on May 08, 2013
The other answers are very helpful. I would point out that whoever is the executor of your mother's Will has an obligation to get this right, and...
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