It seems that no attorneys wants to deal with this anymore but I really need help with my problems. I will even deal with the company myself if I could have someone to back me up on my end. This drug has ruined my life and it seems there is nothin...
The Levaquin litigation has involved injury to the Achilles tendon, usually a tendon rupture. You have indicated that you have breathing problems and loss of taste and smell. While it is possible that those problems are caused by Levaquin. This is extremely difficult to prove in an individual case. Even if those problems were a side effect from Levaquin it does not automatically make the manufacturer liable. All drugs have side effects and the manufacturer is not liable for side effects unless they knew of the potential for the side effect and did not warn physicians in the labeling of the drug. The Statute of Limitations in Florida is 4 years from when you suspected or should have suspected that the side effect was caused by the drugSee question
My mother was murdered by her husband in 2010. He was never charged with the miser and still walks a free man. I was wrongfully charged with and wrongfully convicted of her muder. Through direct appeal I was granted a new trial which took place in...
I am so sorry to hear of the injustice that you suffered as a result of the wrongful charges against you. In Florida to bring a wrongful death claim against your mother's husband you would likely not be barred by the 2 years statute of limitations as other commenters have observed. However, unless you were under age 25 Florida law does not allow you to recover damages as a survivor for non economic damages such as mental pain suffering, and loss of companionship and guidance because she has a surviving spouse. This is particularly unfair in your situation since the surviving spouse is the murderer. The Florida law says that adult children can only recover these damages if there is no surviving spouse. If you were financial dependent on her you might be eligible to bring a claim.See question
i feel my lifes been damaged due to this not only me but my family and kids deal with the issues this has caused in my life to its been a long struggle that ill never forget, i want justice that i havent gotten yet can i sue?
I am so sorry to hear that you were abused. I commend your strength in coming forward. You are very courageous. I would suggest that you do three things in what ever order works best for you. I would suggest that you get some mental health counseling to help you cope with the trauma that you sustained. I would suggest that you make a report to the police. It may still be possible that the predator can still be prosecuted and that you can help protect others. You should also contact a civil trial lawyer in your state who has experience representing survivors of sexual abuse. Justice for such a circumstance can come in many forms and I believe taking action will help your healing from the wrong that was done to you.See question
Ok out there attorneys, I have no idea what I should be asking the attorney who is handling a law suit for wrongful death. I have been told I am a plantiff along with 2 sibblings. I am told the will does not dictate how the potential proceeds are ...
I am so sorry to hear of your loss. One of your goals should also be to establish good communications with your other family members, This is important to getting a good legal outcome for everyone. I recommend that you to get legal opinions from a California probate attorney as well as the wrongful death trial lawyer. These are two different areas of law. Once you have a good understanding of the legal issues you will be in a better position to establish good communications and trust with your other family members.
I suggest that you schedule a phone conference with the attorneys. You should not have to travel there and show up at their offices to have some initial consultations and get started.
In California surviving family members can file individual lawsuits but it is in everyones best interest to coordinate this and work with your siblings. You should ask both the probate lawyer and the wrongful death trial lawyer to assist you with your family coordination. You siblings may want to hire their own attorneys to advise them and this is OK. Hopefully, if they do the different lawyers can work together to coordinate the wrongful death case and to coordinate communication between family members.
This communication among family members is important to obtaining the best financial recovery in the wrongful death lawsuit. It is also important for the future emotional well being of the family members. The wrongful death case should be a joint project that brings the family together. It sounds like you can play a big part in helping family members work through this situation.See question
The owner of the building where he worked did not have proper security or lighting. Over the years he has had four back surgeries, and is still in tremendous pain. I believe that he is even addicted to the pain killers that his Dr continues to p...
I am so sorry to hear of you husband's injury. There is a statute of limitation that bars lawsuits for personal injury in Florida that are not filed within 4 years of the incident causing the injury. There are a few very limited exceptions to the statute of limitations that might allow your proposed lawsuit. If you husband was in the military at the time of his injury or joined the military in the intervening 9 years he may be entited to the suspension of the statute of limitation for military personnel.
From you question, it is not clear whether your husband already has a case filed and you want to add a consortium claim. If he already has a case going you should consult his lawyer on that question. If there is no pending case, it is unlikely that you could file a consortium claim successfully because of the statute of limitations.
I highly recomend that you promptly contact a Florida attorney in the city where the injury occured for a legal opinion on whether the state of limitations bars your proposed lawsuit.
If there is no pending lawsuit and your husband has not beenSee question
My mother died of lung cancer and i am filing a suit against the tobacco co. for the cause of her illness. She left a will, that I have not seen, but notified via telephone 3 months later that my oldest sister was left the house and its contents a...
I am so sorry for your loss. In Florida a wrongful death lawsuit has to be filed by the personal representative of the estate of the deceased. the PR of the estate is appointed by the court and brings the case for all of the survivors who may be entitled to compensation. In some other states survivors can file their own cases but not in Florida.
If your sister has been appointed the PR of the estate she has to file the case. If she does not do you you have have a lawyer petition the court to address this. In the lawsuit filed by the PR all of the survivors must be identified so that they can participate. Survivors who are not the PR can elect to hire their own lawyers. Generally, the probate lawyer will not be the lawyer filing the wrongful death case. You should be sure that an experienced trial lawyer is handling the lawsuit if you are not the PR of the estate.See question
I was diagnosed with kidney cancer in september. When I saw the surgeon who will do the surgery he told me that the cancer was there and had been, on every scan since May but it was missed by radiologists and E.R. staff. If they had found it soone...
Medical malpractice lawsuits are very expensive and time consuming and the doctors win more than half of the time. Therefore, most lawyers that handle these cases such as my firm generally want to see that the delay in treatment caused a substantial additional injury or allowed the cancer to spread to such a degree that treatment will not be as effective. This is necessary in order to justify the expenses of the case and give the client some reasonable chance of a financial recovery.
It appears from the facts in your question that the cancer can still be effectively treated so it is questionable whether it would be prudent to proceed with a medical malpractice action. It is unfortunate that our justice system has had so much "tort reform" that there is really no legal remedy for medical malpractice unless the injuries and damages are very substantial.
You might want to report the negligent medical providers to the State Medical Board to protect other patients. I strongly encourage you to have your case reviewed immediately by a medical malpractice attorney in your state for a legal opinion. There are statutes of limitations that will bar your case as untimely if you delay.
My answer here on AVVO is general information to assist you but do not rely on it as a final opinion on your case because I have not reviewed you medical records which would be necessary to give you a competant legal opinion on your case.
Best wishes for a speedy recovery.See question
my case has been going on for over 4yrs,i do still have unresolved issues and pfb outstanding.my attny constntly sends me mix mgs and contradictions regarding settlement i can not pin him down to any settlement number . i have a 39% imp with issu...
I am sorry to hear that you are still suffering from your work related injury. The Florida Workers Compensation system is very unfair to employees. Therefore, it can be very hard to predict outcomes. I would suggest that you ask your attorney to meet with you in person and bring a written list of your concerns. For years the Florida legislature has been controlled by Republican politicians who cater to the insurance industry. As a result the laws are so stacked against workers that few Florida lawyers are even willing to handle these cases. I stopped doing workers comp work in Florida a number of years ago eventhough I really enjoy helping injured workers. The laws were so unfair to the injured worker that it was difficult to get good outcomes for workers. The unfairness that you are feeling may be the Florida system rather than your lawyers ability. An in person meeting with the lawyer may clear this up for you.See question
the defendant offered asmall amount of money out of his pocket and I refused it. My lawyeragreed with me. So now he said he is going to try to negotiate something . what does that mean? what happens next?
I would suggest that you ask your lawyer to provide you with information about whether the at fault party, the defendant, has insurance coverage and if so, what are the defendant's insurance policy limits. This is important because the negotiation tactics are very different if there is no insurance. Next you will want to know whether the defendant has any assets that could be recovered to pay a judgment if you win in court. If not, a negotiated settlement may be all that you can get. A defendant without insurance or assets can just file bankruptcy or refuse to pay and you might not be able to collect a judgment in court.
If your case is an auto accident case, you will want your lawyer to determine whether you have any uninsured or undersinsured motorist coverage on your own policy that may be applicable and may provide a source for a financial recovery. If it is an auto accident case and the defendant has no insurance or not enough insurance your attorney will be negotiating with your own auto insurance carrier.
A negotiation of an injury claim involves a balancing of the benefit of receiving a certain but usually only partial compensation now versus accepting the risks and delay of litigation and the possiblity of the expenses of the case eating up much of your settlement or trial verdict many months or years later. Sometimes the settlement offer may be so low that is reasonable to wait and assume the risks of litigation. Almost all settlements are a compromise of some type with the defendant or insurance company feeling like they paid too much and the injured person accepting less that fair compensation.
You lawyer should be able to help guide you, negotiate for your, and make recommendations. However, the ultimate settlement decision is for you to make.See question
When a person files a claim for pain & suffering after an accident against his own insurance coverage ( UM/UIM ). How much can he be compensated for and how is it determined?
A jury determines the dollar amount for pain and suffering based upon the evidence at trial if a case is not settled. In cases settled before trial attorneys and insurance adjusters look at trial verdicts with similiar circumstances to try to predict what a jury might do. Some jurors believe that juries should not award money for pain and suffering at all even though the law says that they should. That is why some verdicts and some offers to settle before trial include unreasonably low amounts for pain and suffering.
A jury is usually not told whether the case is a liabilty case alone or whether there is uninsured or underinsured motorist coverage so that fact should not affect the amount whether in settlement or in a jury trial.
In an auto accident case in Florida where the at fault driver has at least PIP or personal injury protection the at fault driver and the underinsured motorist insurance company is immune for paying damages for pain and suffering unless the jury determines that the plaintiff has suffered a permenant injury.
In other words, in a Florida auto accident case where there is no permanent injury and the at fault driver has PIP there are no damages legally allowed for pain and suffering no matter how bad the pain and suffering was. This is very unfair in my opinion but it is part of the Florida No Fault Law.See question