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Brian F. Davis
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Brian Davis’s Answers

19 total


  • I was at fault in a car accident, my insurance limits are out, the other party is coming after me for property damages

    What are my options here? The property damages are less then 15k

    Brian’s Answer

    If you caused the wreck, your insurance company should not have settled with the other driver without requiring them to sign a release, releasing you from further liability. If the other party or their insurer is now trying to come after you and make you pay some additional money, then you definitely need to consult with an attorney. I would suggest you contact a civil litigation defense attorney in the Charlotte area. If you have been served with a summons and complaint, then you have been sued and will need an attorney's help to file an Answer. There are deadlines in civil cases, and if you fail to file the appropriate documents with the court within the required time, you could be subject to a default judgment and/or sanctions. Find a good defense attorney quickly. Good luck.

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  • Tummy tuck 3 m ago, left top side a huge round hump filled with fat/ fluid, was flat before. DR $1,700 to fix, do I have to pay?

    Fluid has been drawn off 3 times, in my pic prior to surgery it was flat, I only had skin pulled and cut, no muscles. No Dr fee but hospital fee, it's also making me feel sick and I look disproportioned . I pd almost $9k for this and to enlarge my...

    Brian’s Answer

    I suggest you consult with an experienced med mal attorney in Charlotte. Do a google search for "charlotte medical malpractice attorney", and several good ones will pop up. This is a complicated situation, and you have several options on how to move forward. Consulting with an attorney about your legal rights will help you make the best choice. Good luck!

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  • Can my old provider disclose conversation that were had to new provider

    There was an emergency(family) to come up while I was at doctors visit I left w/o doing a specimen test. I wasn't told it would be a refusal if I left ,the nurse never told me. I attempted to go back to pick up where I left off at at my appoin...

    Brian’s Answer

    Whether your right to privacy regarding the content of your medical records has been violated and/or whether you have been slandered depends on the terms of your contract with the old provider. Many such contacts contain provisions that allow for the release of private information to other providers. If your old provider made untrue statements about you to your new provider, then that would be a basis for slander. You would need to review the contract and go from there. Slander cases are generally very difficult unless you have a recording. Otherwise, it usually turns out to be a swearing contest. Good luck!

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  • My daughters ex-boyfriend is harassing her by making inappropriate posts on Facebook - can I/we press charges?

    This young man is making statements about my daughter and harassing her on facebook for the world to see - she is a full time college student and athlete. As she moves forward with her future plans, I am concerned that the comments and accusatio...

    Brian’s Answer

    A simpler, quicker solution might be to retain an attorney to simply send a certified letter to the young man and demand that he remove the statements concerning your daughter. The attorney could give him a deadline within which to comply and tell him in no uncertain terms that failing to do so will result in your daughter presenting her case to local and federal law enforcement authorities and that serious criminal charges will be brought against him. Good luck!

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  • My dentist had a man work on teeth that was suppose to be saved,i had 2crack teeth,but they pulled all my bottom teeth,they ran

    out of nitro.which he had his licence revoked.they never took empression or pamorax,her wantin many chances to fix her mistake&his.wouldnt give me files ask many times.they committed ins.fraud,messed up 2 teeth on top,plus my 7000.crowns.sent me s...

    Brian’s Answer

    Dental malpractice cases can be complicated. You definitely need the help of an experienced medical malpractice attorney. It also sounds like this has been ongoing for over a year. There are time limits, called statutes of limitation, that apply in these cases. You need to act quickly and hire an attorney to help you. Do a search on AVVO or Google for "Ogden Medical Malpractice Attorney". Make an appointment, take all of your records, and hire an attorney as soon as possible. Good luck!

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  • Can I sue a five star hotel for being exposed to and bitten by bed bugs during my stay at the hotel?

    I was moved to three different rooms, my luggage was confiscated then replaced, I was bitten on my arms and legs. I did see a doctor when I returned home and confirmed bed bug bites, two prescriptions.

    Brian’s Answer

    Yes, you can make a claim against the hotel. You should probably hire an injury attorney to assist you with this claim, as you will need to provide information to the hotel's insurance company, and you are always better off having an attorney deal with the insurance company. You should hire an attorney as soon as possible. The attorney will need to gather your medical records and bills and present a settlement demand to the insurer. Hopefully, you took a lot of pictures of your bites. You should also have your attorney contact the hotel and request documentation about the room changes. I presume you changed rooms due to the bites. This documentation will also help prove your claim. If you can't get it worked out with the insurance company, then you do have the right to sue the hotel to recover for your harms and losses. Good luck!

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  • NEED a Kalamazoo attorney to represent a strong case on contingency pay

    Because of the damages i have suffered, i need a attorney who will accept a contingency pay because this has caused me to loose my job. The case is against kalamazoo county, as well as a website domain for extortion. I have spoke with two attorney...

    Brian’s Answer

    You should do a search on Avvo or Google for "Kalamazoo injury attorney", and this should bring up several Kalamazoo attorneys who will work on a contingency fee basis.

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  • I want to sue my former dentist for negligence.

    A dentist I had took xrays of my teeth and did not disclose that I had decay under a very sensitive tooth. He also may have punctured another tooth's nerve. When I went to see other specialists and dentists months later they told me it was too lat...

    Brian’s Answer

    You have a potential medical malpractice claim against your dentist. I say "potential" because there is no way to know whether you have a viable case until it is thoroughly evaluated by an experienced malpractice attorney in your area. These cases require that all of your dental records be obtained and then reviewed by a consulting expert witness (a dentist and/or oral surgeon) for the purpose of determining whether your dentist was negligent and whether that negligence caused the harm about which you are complaining. I would suggest you immediately contact an attorney in your area who handles medical malpractice cases. You should not have any communications with your dentist until you speak to an attorney.

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  • My wife was involved in a car accident 2 yrs, 9 mos ago. Insurance did not cover damages to car, deemed "no fault" at scene

    She was going straight at an intersection; had a green light. The person at fault was going left; did not yield to my wife. Car totaled. He either had a green light or a flashing yellow arrow. Either way, left needs to yield. This is why I don't u...

    Brian’s Answer

    There's no question about whether your wife has a case. She does. And she could file a lawsuit against the driver and the owner of the car. The big question is should she file such a lawsuit. First, it sounds like she has absolutely no interest in filing a lawsuit. If this is the case, then I would respectfully suggest that you just let it go. Pushing her into doing something as big as a lawsuit could end up hurting your relationship. Lawsuits are quite stressful to the parties involved. If you push her into filing this case, she may resent you for it later. Second, I understand from your post that she settled with the other guy's insurance company for about one-half of her damages to the car. I saw nothing in your post about her being injured in the crash. Unless she was injured and received medical care, it does not sound like she has a sound factual basis for filing suit. If her only "damages" are the losses associated with not getting as much as she could have from the insurance company on the property claim, then she really has no case to file. You cannot recover damages in this situation just because she didn't get enough for her property damage or because her insurance rates have gone up. Once you settle a claim and sign a release, that part of your case is over. Now, if she was injured, and if she sought medical care, then she could pursue a personal injury case and file a lawsuit to recover for her injuries. You are correct that she only has 3 years from the date of her crash to file a lawsuit. If she fails to file before the 3rd anniversary of her wreck, then she will be forever barred from recovering for her damages. Good luck to you and your wife!

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  • What is my recourse against the first surgeon who has caused permanet damages?

    Meniscus surgery in 11/11 was found to have not been performed complete which has led to additional fraying and tearing of the remaining 50% of the meniscus. Since the original surgeon had MRI in 5/12 showing this he said there was nothing wrong...

    Brian’s Answer

    On its face, this appears to be a claim worth further investigation. The fact that your current surgeon is pointing the finger at your first surgeon is encouraging. As the other lawyers have already said, you'll need to find a good med mal attorney to thoroughly analyze your case. Just because your treating doctor blames your prior doctor is not enough. Your claim must be evaluated on several different levels, and this can only be done by a qualified med mal attorney. The sooner you hire an attorney to help you, the sooner you'll know if you have a viable case. Good luck!

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