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Richard Watts Morefield
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Richard Morefield’s Answers

39 total

  • Once the lawyer signs representation contract in an injury case, can he pull out without seeking resolution to my case?

    Lawyer wanted to represent my injury case and signed representation papers. For many months the lawyer led me to believe he and his team were working on my case, sending letters to the party had liable and collecting medical records. Then, without...

    Richard’s Answer

    Yes, the lawyer can withdraw, but the lawyer has certain ethical guidelines that he must follow to protect your interests.

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  • Can i still file if i did not recieve medical treatment. But am injured

    I was in an accident that was ruled the other parties fault by insurance. I didnt think i was injured at time of accident which was January of 2016. But have had back and neck pain since accident. But did not go to hospital

    Richard’s Answer

    If you are having neck and back pain, see a doctor as soon as you can. This is important for your health and it is also important if you decide to file a lawsuit. A jury may find it hard to believe you are seriously injured if you never seek medical treatment. I encourage you to contact a lawyer as soon as possible.

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  • What are my legal options to prosecute and/or sue an individual that is harassing me and defaming me?

    Published a book and now have someone defaming my name and my published work. They have sent letters to 3rd parties claiming that I have plagiarized material. This individual admitted in an email that they had contacted 3rd parties warning them ab...

    Richard’s Answer

    I encourage you to contact a St. Louis area lawyer who has experience with defamation cases as soon as possible. Based on your description of the other party, it sounds as though you are concerned about your safety in addition to the defamation. If you have been threatened and you have an order or protection in place, you should call the police immediately.

    Defamation is what is considered an intentional tort. In other words, the claim is that the other person intended to cause harm to you. Because of the intentional nature of the other person's actions, you and your attorney will need to evaluate whether you can realistically collect damages from the other person if you win your case. Of course, whether or not you can collect any money from the defendant, his conduct may be causing continuing damage to your book sales, too. You will need to develop a strategy for responding to the defamation with the advice of a lawyer who knows more of the facts than you can provide here.

    I would encourage you to try to locate a local lawyer first before broadening your search to other communities. It will be much easier for you and your lawyer to work together on this matter if you are relatively close to each other. I wish you the best with your case.

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  • In a car accident, is the other driver automatically at fault if he was driving on a revoked license?

    An auto accident totaled my vehicle, no injuries. I had a green light at an intersection making a left, the other driver claims he also had a green light (there's no way) and went straight through the intersection. He was driving a company work tr...

    Richard’s Answer

    The fact that the other driver did not have a valid license does not mean he was at fault. But, if he was at fault, you may be able to sue both him and his employer. We would need to know more facts to determine if his employer would be legally responsible, but it is worth investigating that issue. If you had a green light and turned left and the other driver had a green light, you have a tough case. If you had a green arrow, then the other driver would not have had a green light and your case is much stronger. You should contact a lawyer to discuss the details of your case and to determine your legal rights.

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  • Batteries got hot in device - batteries pop acid face is burned with acid .. should seek compensation?

    using a battery operated sewing machine, device was getting warm - opened the battery compartment - Battery popped and sprayed acid on lip and tongue - face swollen and lip blistering and raw

    Richard’s Answer

    You should definitely consult with an attorney. More importantly, you should seek immediate medical treatment. It is essential to get proper medical treatment to help heal your injury and minimize any permanent injuries. If you have permanent injuries or injuries that result in significant medical expenses, you will probably want to seek compensation. The attorney you consult will be able to give specific advice based on a more detailed analysis of what went wrong with the battery and the nature and extent of your injuries. At this point, there is not enough information to determine whether a lawsuit would be cost effective or not.

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  • Tort

    If a civil tort lawsuit is filed where the plaintiff seeks monetary compensation as part of the judgment, should the amount of the money be also included in the brief?

    Richard’s Answer

    I noticed that you are writing from Olathe, KS and the subject matter is "tort". I assume you are asking about a Kansas tort claim. The rule in Kansas is that if the claim is not a contract claim and if the amount demanded is over $75,000.00, the petition must state only that the amount is over $75,000.00. You are not permitted to state the actual amount demanded if it is over $75,000.00. If you are seeking less than $75,000.00, that amount can be stated in the petition. See, K.S.A. §60-208(a)(2). This is not legal advice.

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  • Can/Should my brother get a lawyer?

    My brother was riding passenger with his friend and they were T-boned by a 17 year old. The person who hit my brother and his friend was clearly speeding in a 20 MPH zone and the accident has been declared the 17 year olds fault. The 17 year old w...

    Richard’s Answer

    Your brother should hire a Kansas-licensed personal injury lawyer who has experience with traumatic brain injuries. Traumatic brain injuries are serious and it is important that your brother receive the proper evaluation and treatment. A lawyer who has experience with brain injury cases may be able to point your brother in the direction of top flight treating physicians. As others have mentioned, time is of the essence. You did not state when your brother was injured. There is a limited amount of time in which to file a lawsuit. It is also important to begin investigating the facts of the case while witnesses' memories are still fresh. Your brother should feel free to interview several attorneys to find one that he is comfortable with. The facts you describe sound like your brother has a case, but it takes much more information and evaluation for an attorney to tell you with certainty that your brother has a good case.

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  • Do I have a wrongful death case?

    My father passed away recently. A few weeks prior to his passing he had several stints put in. There seems to be quite a lot of confusion with my father's death.

    Richard’s Answer

    I am truly sorry to hear about your loss. Unfortunately, it is not possible to determine from the information you provided whether anyone committed malpractice or otherwise contributed to your father's death. You should talk with a medical malpractice attorney at your earliest opportunity and you should obtain copies of all medical records relating to your father's death. You can locate medical malpractice attorneys through Avvo.

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  • Preparation for Mediation

    I have an attorney. For my own personal reference, is there a website or guide to preparing yourself for post judgment divorce mediation?

    Richard’s Answer

    As mentioned above, Mediate.com has many articles. You should also search Google for "mediation preparation" although many of the articles will relate to a lawyer's preparation for mediation. As a lawyer who helps clients in mediation and a trained mediator, I believe that your lawyer should spend time with you explaining the process and helping you understand the possible outcomes for the process. Your best chance of success in mediation comes if both you and your lawyer have carefully evaluated your case and potential outcomes.

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  • Filing a claim on my own, and having been made an offer that seems unfair, what can I do or say to get another offer?

    Just having stepped off the public bus and preparing to cross the street, I tripped and fell into the street over the sidewalk that was raised about 2-3 inches and about 4-5 yards long. There was no sign to indicate such condition.

    Richard’s Answer

    I encourage you to contact a Missouri licensed personal injury lawyer as soon as possible, preferably one located near Kansas City. There is not enough information here to respond directly to your question. However, I would discourage you from spending much time negotiating because of the short time you have to give written notice to the city about a potentially defective street or sidewalk. There is a requirement that you give notice to the mayor within 90 days of your accident if you are making a claim arising out of any defect in the condition of any street or sidewalk in the city. If you do not give the appropriate notice in time, your claim can be barred. Unfortunately, you have not provided enough information for me to tell you for certain when you must give notice or whether this requirement definitely applies to you. Please contact an attorney as soon as possible to protect your rights.

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