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Chad Christopher Hastings

Chad Hastings’s Answers

4 total

  • I have been denied from ny lawyer the cooperation w presettlement funding. He has stated " generally i dont sign for this"

    I am literally 1900$ behind in bills,last week i had to go down to united way to help oay my electric bills. I am two momths late on rent etc.. i literally found myself in tears begging my lawyer to sign off on this n he continues to say he will e...

    Chad’s Answer

    1. ANSWER - YES - I practice in Florida. There is no law or ethical rule saying that clients cannot get a funding loan. Many lawyers don't like them since it acts as a lien against the case. With that being said, it's attorney preference. I personally don't mind my clients getting funding loans if it's the right case. I find that funding companies won't fund a case that doesn't seem collectible...they typically don't over extend themselves.

    2. ANSWER - NO - I don't think you have grounds for a "for cause" termination of the contract with your attorney based on his or her preference to not sign funding paper. However, you can always terminate an attorney if you are not satisfied for any reason. There is no restriction on that. Your next attorney may have to deal with a your prior attorney's lien at the end of the case.

    Best of luck, sounds like a tough time for you. Hopefully, you get the loan and resolve the case so that you're fully compensated.

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  • I got cellulitis from a tat shop and had to go to dr.i signed a waiver. can i sue?

    it was 2 weeeks ago, after a week all little bumps popped up. got so painful couldnt move arm and was out of work for a week. i also have surgery bill because he had to cut it opn to drain it. i was given 5 shots in 3 days and was at dr 3 days in ...

    Chad’s Answer

    While my response is somewhat late, there is hope for you. I just resolved a tattoo case with facts almost identical to yours. It comes down to the waiver you signed and being able to prove that the cellulitis was caused by the tattoo parlor, as opposed to some other source. If your attorney does a good job researching the law, he or she can likely get past the waiver issue. The more difficult issue is causation. The parlor will argue that whatever infection you received to cause cellulitis was caused by improper care or maintenance of the new tattoo. Typically they argue that you can't prove your tattoo was not exposed to infection outside of the parlor. This can be a tricky argument to overcome, but, there are ways. Best of luck to you.

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  • Should my health insurance terminate while on maternity leave? I work full-time now, but was offered part-time on my return.

    Some clinics are closing within this corporation and I work in one of them. I have health insurance now because I am full-time employee. They don't offer health insurance for part-time employees. Please help!

    Chad’s Answer

    Under the Family Medical Leave Act (FMLA) your health insurance cannot be terminated if you are on maternity leave and that leave is covered by FMLA. Under FMLA, if you are pregnant, you are eligible for leave upon delivery of the baby. However, FMLA provides a 30 day notice period where you must notify your employer of your intent to take leave under the act. So, if you provided the 30 days notice to your employer required by the FMLA and took the leave after having your baby, your employer cannot terminate your health benefits during the leave.

    For more information about FMLA and your rights under the act, see, or call 1-866-4-USA-DOL (1-866-487-2365), TTY: 1-877-889-5627.

    Best of luck to you and congratulations on your baby.

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  • Retiring, our 27 year old wants to claim 17 year old for insurance purpose's and to pay for his college, what needs to be done?

    We didn't know if he has to file for legal guardianship for his insurance to cover him, and to be able to claim him on his taxes?

    Chad’s Answer

    I am not a tax attorney, thus, I am not sure under what circumstances he can claim the minor. You may want to post on the tax forum to get an answer to that.

    Regarding the insurance question, there are a lot of facts I would want to know. Most importantly, what type of coverage are you seeking? In any event, nsurance coverage is generally determined by what is written in the insurance contract. To get insurance for a 17 year old (minor) your 27 year old may be able to simply contact the insurance company, find out whether it will cover the 17 year old, pay the premium and there will be coverage. If your 27 year old is attempting to pay a smaller premium due to the fact that the child is a "dependent" under a health policy, again, it may come down to the language in the policy. If the policy defines "dependent" as someone that does not necessary have to be a adopted or legally dependent, there may be dependent coverage. However, if the policy indicates that you son must have a legally adopted or natural guardianship dependency, then your son might have to insure the minor separately.

    In most states, such as Florida, there are laws that govern insurance contracts. I am not a Texas lawyer, so I cannot comment on what laws it has addressing this question. Maybe you'll get a Texas lawyer to comment here.

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