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Arthur Bryan Baer

Arthur Baer’s Answers

34 total

  • What are my options here. What will and wont my insurance cover. My car is now totaled am I covered for a new one?

    I was in a head on collision and the driver left the scene. I have full coverage and UIM. I went to the ER that same night. I have a 1st degree burn and really bruised up arm. Nothing is broken. My air bags deployed, no gap insurance my car is a 2...

    Arthur’s Answer

    First, there is no such thing as "full coverage." This is a term people selling insurance uses to give you a false sense of safety that they are selling you a good policy. Hopefully, you have collision coverage as well as uninsured motorist coverage (for both property damage and personal injury). If so, you will be able to recover the fair market value of your car prior to the wreck, less applicable deductible.

    For your personal injury claim, you can recover your personal injuries caused by the wreck, including aggravation of preexisting conditions. However, you have the burden of proving that the wreck caused these injuries.

    You will need to hire n experienced personal injury lawyer to help you navigate the insurance landscape and help you meet your burden of proof.

    Sorry for your wreck and hope you have a speedy recovery

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  • In a car accident 3/25/15 and have not received property danage settlement. Insurance company (ACCC) refuses to return any calls

    In a car accident 3/25/15 have received personal injury portion of sett km

    Arthur’s Answer

    ACCC is one of the worst. You will likely need to contact a lawyer to represent you if u do not have collision coverage with your insurer. U will need to have a specific letter written on your behalf sent to ACCC to perfect a bad faith property damage suit. If they do not pay within 60 days of receipt of the letter, u can file suit recovering attorneys' fees and penalties. Sorry u are going through this ordeal and best of luck.

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  • I really would like some advice and opinion on how a case like this would work out for me (basically a broke student.)

    A year ago, I had a collision with a pedestrian. I did not see the pedestrian walking, and as soon as I saw her, I slammed on breaks, and turned car away from her. Thankfully, I had basically no speed as she hit the side of my car (she pretty much...

    Arthur’s Answer

    Your insurer owes you a duty of good faith and to act Ina manner consistent with your interests. You owe a duty to cooperate. So, if you are personally served with a lawsuit, let your insurer know immediately. They will hire an attorney to defend you. Cooperate with the arty hired.
    Part of your insurer's duty is to protect you from a judgment in excess of your assets. If u feel like the attorney hired is not handling the case with your interests in ind, you may want to consult with your own arty.

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  • My son was attacked by a neighbors dog and required reconstructive surgery. What are my options.

    This dog is being held by animal control and has been classified as a vicious animal. What are my legal options.

    Arthur’s Answer

    I am very sorry to hear about your son. If the dog was outside neighbor's property and not on a leash, you have a viable case. The biggest issue may be whether the owner of the dog has collectible assets (like a homeowners policy). I recommend discussing this incident in detail with a lawyer experiences in these cases

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  • Is it considered neglegence if a doctor cuts a baby's face during a scheduled C-Section to the point where stitches are needed?

    There was casual conversation and laughther throughout the entire process between the doctor and intern. They did not inform us of how severe the laceration was until the plastic surgeon advised our baby would need stitches.

    Arthur’s Answer

    Hopefully the plastic surgeon did a good repair such that your baby will have minimal to no visible scarring. If that is so, it is likely that you do not have a viable case. My hunch is that lacerations like that which occurred to your newborn can happen even in the absence of negligence. Proving negligence in a medical malpractice case like yours is a very expensive and time consuming endeavor. Unless injuries are severe and permanent, it would likely be more time costly than any recovery you would obtain and that is even assuming you can prove negligence.

    That said, if your baby is likely to have significant permanent scarring as a result of this incident, I certainlyrecommend that you consult with an attorney that handles medical malpractice cases.

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  • Can i sue the person's business that my child got severally burned at?

    my child was playing with the business owners son and they were playing with water making mud holes, I didn't know that the water they were playing with was 180 degree hot water at the time. The little boy dropped his cup of hot water on my child'...

    Arthur’s Answer

    Yes. The business should not be exposing children to water hot enough to cause 3rd degree burns. In fact, I believe latest s guidelines in American Journal of Public Health and Consumer Product Safety Commission sets an industry standard of no hotter than 120 degrees. You should engage a personal injury attorney experienced in burn cases as soon as practical. Typically, the attorney will place the business on notice of a claim, request that information/documents/videos, etc. be preserved, and request the business' insurance information. Once insurance information is provided, the attorney will then make a claim with the business' insurer for your child's injuries. If it cannot be resolved amicably presuit, then your attorney will advise you with respect to advantages / disadvantages of a lawsuit.

    I hope your son recovers from his injuries.

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  • Medical

    When I was in an auto accident my attorney had to sign liens for all of the doctor visits, because I didn't have medical insurance. Well now that I am about to settling, I want all of the medical bills along with all of the money that is going to ...

    Arthur’s Answer

    Your attorney cannot disburse funds to u without the liens taken care of. While technically, u could negotiate the bills, most of the time u wil be better off letting your atty handle this.

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  • How long can a store hold my video or my accident from my lawyers

    I had a slip and fall at Walgreens while I was pregnant there were no wet floor signs at all . They said it was my fault but refuse to send the video . My lawyers haven't really said anything only that they are waiting in the video and it's been o...

    Arthur’s Answer

    If there is a suit on file, yor attys can compel Walgreens to produce the video. If there is no lawsuit, there is nothing that can reasonably be done to get the video. Based on your question, I suspect suit has not yet been filed. If that is the case, you should ask your attorneys if and when they intend to file suit on your case.

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  • At fault driver totaled my car. Auto Accident Lawyer says a concussion and post concussion syndrome is not worth much.

    Sustained a concussion and developed post concussion syndrome shortly after(diagnosed by a medical doctor,a nurse practitioner and a neurologist). I have been to the hospital and I have been seeing medical doctors for treatment of the symptoms. I ...

    Arthur’s Answer

    I agree with my colleagues that you may want to consult with another lawyer. I would add that while you are still with your lawyer, you should listen to and heed his or her advice. No one understands your case like your current lawyer. Get facts as to any issues in the medical records that cut against you. Often, there is a big gap between what patients here their doctors tell them about the injuries and what is actually reported in the medical records or what a medical provider may tell an attorney. A good attorney will give you an honest assessment and tell you things you may not want to hear.

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  • Can you please explain to me why we have to split the settlement . we don't have a class action suit

    car accident $10.000/$20.000 at fault driver has B Injury insurance. 3 cars myself + 1 in my car, 2 in other car an the at fault car had 1 . .. time to settle , was told we all 4 have to split the settlement $20.000. we each get 5.000 an ...

    Arthur’s Answer

    You hav to split bc there is only 20k available for all of you. Hopefully you purchased underinsured motorist coverage. If so, and your damages are greater than the amount you receive, u can proceed with a claim under your own insurance. Best if luck.

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