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Mark T. Murray
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Mark Murray’s Answers

9 total

  • Do I have basis to file a personal injury lawsuit? Should I retain counsel prior to releasing medical records? Thank you

    Hello... This website has been a great source of information and discernment for me. Here is my situation; in August of 2015 I visited a spa for a facial and was afforded some "upgrades." During my visit a product was applied to my hands and co...

    Mark’s Answer

    We have represented a lady who also had a difficult experience at a spa. You should know that adjusters are trained to minimize claims, and often report to senior claims representatives and lawyers. You should consider hiring someone to represent your interests. My advice is to never give a statement until you have completed your recovery because the facts can change. What if you have a setback or recurrence? It is typical for an insurance carrier to ask for medical records to support your claims, but usually these records are submitted to insurance hired physicians who write reports that suggest there is no casual connection or that the injuries are minor. Good luck in the future. I agree with the advice given that you should hire a lawyer for your own interests.

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  • What is a reasonable amount for settlement?

    An 18 wheeler hit the passenger side of my car when we were turning. Me and my girlfriend both have soft tissue back injuries. My medical bill came to a total of 4,280 and hers 2,500.

    Mark’s Answer

    To answer this question you should consider the elements that you are entitled to recover under the applicable law. In addition to medical bills in the past you should consider if you will have any medical bills in the future. You will also want to consider pain & suffering in the past & future, disfigurement (if any), impairment, lost wages in the past and loss of future earnings. This is not a complete list, but suffice it to say that in order to make an informed decision, you should know all of your rights and seek advice and counsel that is appropriate. A settlement is a compromise to bring the matter to a close. Since I assume a trucking company has professional adjusters and lawyers working for them, you might consider seeking a trained advocate for your position. Good luck.

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  • Slip and Fall at Walmart, detailed.

    So I posted briefly about an incident at Walmart last Saturday. I didn't post many details, I apoligize, haven't done this before. Let me preface by also saying, I've had a hard couple weeks. Two separate incidents led up to my fall. First, I NEED...

    Mark’s Answer

    You should consider that if the event occurred in a Wal-Mart, there will be video of it. Almost all of their stores have cameras and all customers are highly monitored. If the video is not helpful to your claim, you should have no trouble getting it. If it supports your claim, you may never get a copy. However, you should act to preserve the evidence, usually by your lawyer sending a letter asking that all evidence be preserved. Good luck to you.

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  • Who do I sue in small claims court and what county?

    I need to sue in small claims court for an accident. The insurance company accepted liability but they are insulting me with their offer. I have $1,221 in medical bills and I asked for $2,500 total. They won't settle with me let alone pay my me...

    Mark’s Answer

    Yes you do need to file a suit in small claims court. You cannot sue the insurance company, so you need to sue the other party and get them served. You should get all your medical bills and medical records gathered and ready to present in court. You should get all of your damage estimates and other documentation concerning the incident. Be prepared. If you are unwilling to go alone, consider hiring a young lawyer to handle this for you.

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  • How can i get my expenses paid for my vehicle damage?

    my vehicle was damaged in a accident, the two parties involved blamed each other and the police report could not find who was at fault, i spent my own money for a rental and expenses im looking to recoup what i lost but i have not received any inf...

    Mark’s Answer

    This is frustrating. Your car was damaged and nobody wants to admit fault. I agree it will be hard to get a lawyer to handle a pure property damage claim, but there are some choices you could investigate. One, you could, depending on the value of the claim, personally file in small claims court. You should know that you may be entitled to the property damage value, diminution in value, and loss of use (rental car) if you paid it out of your pocket.

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  • How much can I sue for?

    I was offered a protein bar at a dentist office in NYC. The bar contained the tip of a purple latex glove that I'd vbeen chewing on for a few minutes before I realized it wasn't a raisin. I'm allergic to latex. My tongue and throat were itching an...

    Mark’s Answer

    The good news is that you did not apparently suffer any long term ill affects related to your latex exposure. You should know that many companies utilize repackers to make and sell their products, so the name on the bar may not be the company that created your latex protein bar. While annoying, I believe you should consider the fact that you did not ingest it, did not have to go to the hospital, and your problems appear to have been solved with an over the counter drug. You were wise to get to the pharmacist. Good thinking.

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  • I broke my toe on a cruise while on vacation on the boat. Is this a case worth pursuing?

    There was a game hosted by the cruise director and I decided to participate. The game required rushing to the front to obtain or get credit for completing the task. My foot clipped the leg of a chair, and this is how i broke my pinky toe.

    Mark’s Answer

    I regularly litigate claims that occur on the sea. Given the nature of your injury, although painful to you, is not the type of claim that generally merits litigation. Also, cruise ships routinely utilize arbitration clauses and mandatory venue provisions, forcing a claim to be filed in the court of their choice. Check your ticket carefully before moving forward.

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  • Is it unconstitutional for the police to hinder me when i am in an automobile traveling or sleeping in my car???

    Is it constitutional for law enforcement to fringe upon my right to travel when i am not driving for commerce or personal gain??? Do i need a drivers license, registration or insurance when i am traveling in an automobile and not driving in a moto...

    Mark’s Answer

    You do not have a constitutional right to sleep in your car in a private parking lot. You are subject to a reasonable inquiry from law enforcement, even if you are minding your own business. Most jurisdictions permit inquiry by law enforcement as to who you are, and a reasonable inquiry as to your business.

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  • I have a letter of reduction and a letter of protection from an attorney who settled a case and never paid the clinic.

    I am a clinic owner and this attorney settled 5 cases and did not pay medical bills but sent out LOPs

    Mark’s Answer

    A letter of protection and a letter of reduction should serve as an agreement, with consideration, and therefore should be enforceable depending on the language you have agreed to. Most letters of protections provide for the attorney to withhold from the settlement the medical providers interest. If the counsel did not, but was obligated to, you may have an enforceable agreement.

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