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James William Guarnieri Jr.
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James Guarnieri’s Answers

66 total


  • I would like to sue General mills for the E coli outbreak 6/1/2016. My wife and I are both ill from it. What do I do?

    I have bought General mills products and my wife and I have been ill for quite some time and never would have thought it to be flour related. What do you suggest I do to see about starting a suit against General mills? Thank you for your time.

    James’s Answer

    For clarification, when you say "I'll for some time" do you mean that you have been diagnosed with an e. coli infection?

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  • How long does a police officer in Florida have to file an accident report?

    How long does a police officer in Florida have to file an accident report? My wife was involved in an accident over 10 days ago and the accident report isn't available because FHP has still not filed the report.

    James’s Answer

    Typically 10 days but FHP can be slower sometimes. If you get to 15 you should call. Try looking it up on buycrash.com.

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  • Is there a difference between a legal malpractice and med malpractice attorney?

    Do attorneys that practice malpractice, practice both legal and medical or are these two different kinds of attorneys? How can I research the cases the attorney has pled to see his track record?

    James’s Answer

    Medical malpractice attorneys sue doctors. Legal malpractice attorneys sue lawyers. There is no different kind of attorney for each of those… Simply different attorneys who focus on different areas of practice.

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  • I've been in a front head collision and I had multiple contusions bone pelvis, thorax, femur, tibia, knee, clavicle.

    Can these contusions lead to injuries if an X-Ray was only given but then a month later I've done a few test and my results were that I have a beginning of degenerative disc in my back, hernie disc in my back and neck. Tendinitis in my shoulder a...

    James’s Answer

    That depends pretty heavily on what type of doctor you went to. Often times family physicians are reluctant to get involved in motor vehicle accidents and, thus, won't give opinions on causation. You should go to someone who specializes in treating motor vehicle accident injuries who is qualified enough to make the determination and give that person a full history so they can give you a second opinion on causation.

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  • In Feb. I was in a car accident. Got a lawyer. The driver had $50,000 of ins. Any other recourse for pain and suffering?

    A 14 y.o. boy was given permission to drive with Mom in car. He hit my car. Caused over $2200 in damage. At ER visit i was missed diagnosed (no herniated discs per CT, but already had surgery cervical fusion set for 2 days later r/t herniated dis...

    James’s Answer

    That's a complicated question to answer because there's a "technically" answer and a "practically" answer. Assuming your attorney has exhausted all avenues to look for additional insurance coverage, there is technically nothing that REQUIRES you to accept the policy limits only. However, practically, whether you will ever be able to COLLECT more than the available insurance depends on the financial worth of the defendant, how her assets are structured and lots of other very fact-specific details you should discuss with your attorney.

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  • I was hit by an uninsured motorist causing me to have to have surgery and miss work and I only have limited movement in my foot.

    While we just started the case, he just filed for bankruptcy. This pretty much means Im not going to get anything and it will probably be discharged at final bankruptcy hearing. Means he gets to not pay me a dime.

    James’s Answer

    Actually, if he had insurance you can still get at least that amount even if he files bankruptcy but you need to get an attorney ASAP so you can file a claim in the bankruptcy case.

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  • My adult son was attack and stabbed along with two other people. Now he is out a job and cant support himself.

    It was Largo fl. June 28th they caught the guy. He is in custody. Is there anyway he can receive compensation?

    James’s Answer

    Unless the attacker has assets or unless you can make some case against, for instance, a business for something like negligent security, his best bets are victim's services through the state. Go here for more info: http://myfloridalegal.com/victims

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  • My Son was Hit by a car owned to a small business, She was over the speed limit and was try to run away until

    she realized my neighbor was watching the Kids while they were playing and he waved at her to stop. she fractured both legs of my son with 4 fractures on 2 legs. we called the 911 and while the chaos she spoke the police and the report was made ...

    James’s Answer

    Yes, there is the possibility of getting more. First of all, if she was in a vehicle owned by the business, the business itself would have liability. Second, since she was driving she has personal liability as well. You should hire an attorney immediately to explore the different options of pursuing insurance between the business and the individual. That attorney could also determine whether the business has reachable assets against which you could try and collect.

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  • My daughter and her fiancé were passengers in their friend's car. We're not sure how to proceed. Neither of them has insurance.

    My daughter was hurt. She has pain in her back, shoulder and neck. Her fiancé has pain in his hip. Neither of them have medical insurance, and neither has a car, so they don't have car insurance. The accident happened on Saturday night. They didn...

    James’s Answer

    They should get PIP from the friend's policy. Potentially uninsured motorist coverage as well. If the friend was at fault, they might be able to claim on the liability coverage on his/her policy. The first step is to get a medical evaluation. An attorney will be able to help in making sure that, if coverage is available, your daughter would not be out of pocket on medical expenses or wage loss.

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  • No pre-existing condition or no pre-existing symptomatic?

    My friend's mother sustained knee injuries in a car accident. Now she has knee pain. The MRI reveals early inflammatory arthritis but she never had any symptoms before the car accident. Neither did she see any orthopedics before. Should she reque...

    James’s Answer

    Depending on when the MRI was taken, the doctor may not be able to say that there was no pre-existing injury. He may or she may only be able to say that whatever condition was there was asymptomatic (per history). Even if there is a latent condition which is not symptomatic but which is caused to be symptomatic by an accident, it is still a recoverable injury.

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