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David J. McCormick
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David McCormick’s Answers

5,134 total


  • I filed a motion pro se about a month ago

    Clerk of courts filed it, stamped it, and stamped it with date and time to be determined by the court, I have still yet to hear anything. What do I do now?

    David’s Answer

    Call the Court and request a date. Then you have to notify the opposing attorney/party of the actual motion date.

    Good luck.

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  • Can I get any help with a 2013 Volkswagen Jetta that was in an accident and the air bags never went off?

    Got in a car accident in a 2013 Volkswagen Jetta and the air bags never went off. Seeing as it was the front end that got smashed in by 6inches I would thing that the air bags should of went off. Is there anything that we can do about this or are ...

    David’s Answer

    If the airbag failure resulted in serious injuries then you have a case. Without any type of injury, you don't have much of a case..

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  • Workers Comp. Settlement.

    I am currently in the Abyss of a workers comp claim. Why is it so hard to predict the length of a claim. If you are an Attorney who has seen many claims that you can count, Why is it un- reasonable to perhaps give a timeline you would like to see ...

    David’s Answer

    No 2 people's bodies heal the same. If you have not reached an end of healing then your case cannot move forward. Without an end of healing your doctor cannot complete the form necessary to prove your case.

    It seems that you may already have an attorney. If so, then he/she is in the best position to answer your questions since we have no idea how yo are doing medically or what your doctors are saying. As worker's comp. attorneys we cannot do anything without a doctor's opinion supporting a work injury.

    Unfortunately, these cases take longer than many people want. Unlike, what you see on TV, worker's comp cases do not take 1 - 2 hours to resolve.

    Good luck.

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  • How long does it take to get the compromise wc payment

    Hi my attorney compromised on back payment etc from workers comp. This is a long story short. Instead of going to court he thought it best to compromise. That was March 31-2016. I'm still waiting for the payment. Guess it's been on the judge's des...

    David’s Answer

    Yes it unfortunately can. This is the part of worker's comp cases we attorneys have no control over.

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  • Beneficiary after divorced

    An ex husband and I were divorced 5 years ago. While we were married he changed his beneficiary to me. In the middle of our divorce, he told me it would remain the same, and always would stay that way. He passes away recently during an open heart ...

    David’s Answer

    Yes. Your "ex" was free to choose whomever he wanted as his beneficiary.

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  • Am I required to pay back the subrogation?

    I received a settlement for an auto accident a few months ago. My health insurer sent me a form for subrogation last week, but my attorney says the insurer never informed them or myself about any liens until after the settlement was reached, and I...

    David’s Answer

    Your attorney is in the best position to answer this question, so confer with him/her.

    Good luck.

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  • Do I have to go to probate court and am I entitled to the insurance policy funds? Do I have to turn it over to her?

    My father died March 2016. I am the sole beneficiary on his insurence policy. He has a wife left behind. The only reason I'm on his insurance policy is because he did not want to be cremated. He's a veteran and wanted to be buried in the National ...

    David’s Answer

    You need to talk with a local probate attorney ASAP to protect yourself because any dispute over money gets ugly fast.

    Good luck.

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  • Can I begin using the life insurance money to pay for his bills that are coming in? Do I report life insurance $ to the IRS?

    I live in Washington state, my father passed away in California. We will need to go through probate which will be a long process. His life insurance money is being sent to me. Thank you for the help!

    David’s Answer

    Sorry to hear about your father's passing.

    Before paying any of your father's bills I would contact a probate attorney in the area where your father passed.

    Good luck.

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  • What should I do? Should I sue or just follow the protocol with insurance companies.

    I was side swiped by an intoxicated driver while on a highway, I was unharmed, the driver then fled the scene, I followed until the other driver finally pulled over and stopped, and then a state trooper arrested her for DUI.

    David’s Answer

    A agree. Submit estimates to the other insurance company and have your car repaired. If they give hassle you then talk with an attorney.

    Good luck.

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  • How to register a vehicle being used in another state other than where the owner resides? both drivers are on the insurance.

    Me and my ex-fiancé both lived in Nevada where he had purchased a vehicle for me. He is the only registered owner and I'm added to the insurance. After two years we decided to end the relationship and I moved to Georgia with the car. Will he have ...

    David’s Answer

    If your "ex" is giving you the car then have him sign over the car title to you. Then you can re-title the car in Georgia.

    Good luck.

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