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David Lee Fiol

David Fiol’s Answers

1,023 total


  • Is this true: Civil plaintiff has no basis to sue defense counsel for getting records, that should not of been disclosed?

    Pro per personal injury. Defense counsel some how obtained records without my knowledge, my medical records. The records were obtained months before a subpoena was even served.

    David’s Answer

    I find it highly unlikely that a medical care provider delivered records to defense counsel without being served with a valid subpoena that you would have been copied on, but if what you are saying is true you would have a claim against the provider for a HIPAA violation, and/or against the lawyer you might have a basis for sanctions for not following the rules, but not a lawsuit.

    My advice to you - get a lawyer if you can. If you can't that tells you something about your case.

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  • Can I sue a County Jail for negligence or wrongful death when an inmate dies in their custody of a heroine OD?

    My Daughters dad was in custody at Wayne Brown Correctional facility (Nevada County Jail) He passed away 5/27 of a heroine OD. Can I sue the county for negligence. It appears they were no room checks, etc and that heroine is a known problem in ...

    David’s Answer

    Yes, if the jail deputies failed to perform regular well being checks, or if jail medical staff failed to implement proper protocols for opiate overdose or withdrawal, the county potentially could be liable under both state and federal law, including constitutional law. Unfortunately these cases are not uncommon. You should consult with a civil rights lawyer in San Francisco or Sacramento promptly, as there are short deadlines to file claim notices against government entities.

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  • My dad died because of septic shock. Was there negligent care?

    My dad,87 years old, was found half drown in the bathtub and taken to ER then to ICU. He was transferred to a rehab center after 11 days. The next day they started to give him therapies but he was transferred to ICU of that facility at that night ...

    David’s Answer

    I am sorry for your loss. The question you ask, however, is not one a lawyer could answer; he or she would have to consult with a doctor after obtaining all the records of your father's care. I suggest you contact some local medical malpractice lawyers and retain one to investigate. Do not delay as the time limits to bring a claim can be very short.

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  • How much do you think the following case should settle for and how much do you think a jury would award?

    A minivan driver exits a freeway ramp that ends at a stoplight. Cross street is a busy avenue, two lanes each way plus turn lanes. A disabled veteran and his service dog are legally crossing the avenue, in the crosswalk, with a green light, walk...

    David’s Answer

    As my colleagues have said there's no way to fairly value you case even with the good description your provide here. You need to trust your attorney to do this valuation work for you based on knowledge of your entire case. One thing that you should know is that unfortunately, the cost of the veterinary care is all that you can recover for the injury to your dog - dogs (and their owners) can't collect for 'canine pain and suffering' unfortunately.

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  • What type of attorney specializes in senior wrongful death?

    A couple years ago we needed to put my 90 year old grandfather in assisted living because he required 24 hour care. Within two days of placing him, he had fallen and broken his leg so badly he was hospitalized and needed major surgery. He died f...

    David’s Answer

    I recommend you speak to a lawyer who handles elder abuse and medical negligence cases as soon as possible. The statute of limitations may have expired on some or all of your claims already, or could be close to expiring, but the class action might have suspended the time limits. You'll need a lawyer to go over the details with you to sort that out.

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  • What is the best advice you can assist me with.

    i was in a car accident may 28,2015 my lawyer offer me 15000.00 my medical bills are 9000.00 my loss wages is 48000.00 and that don't include pain and suffering

    David’s Answer

    Alot of information is missing here that should have been provided to you. What is the policy limit of the defendant? If it's only $15,000, which is what I suspect, then you need to ask if the defendant has any assets to collect from on top of the limit. Again my guess is probably not. You could have a ten million dollar claim - it doesn't mean a thing if there's nothing to collect. Talk to your attorney and discuss these things. If you're still not satisfied, consult with another attorney.

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  • How can I get myself removed from a civil case with a letter of denial/dismissal? I believe this falls on my employer.

    I am being sued, along with my employer, for a car accident that happened while I was on the clock. My employer allowed me to operate an uninsured van, without my knowledge or concern for my comfort level operating a large vehicle I had never driv...

    David’s Answer

    Lost of good answers already, but here's some out of the box advice: find a new job if you can. If your employer is not responsible enough to insure company vehicles, its not far fetched that you are without workers comp insurance and other legally required protections. If that's the case and you get hurt on the job, you're really out of luck.

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  • Can my wife sue for wrongful death or medical negligence in the case of a stillbirth?

    My wife had her second stillbirth late last year. The first was about a year before that. Our child was 37 weeks gestated. She started going into preterm labor and went to the hospital where she was sent home within 30 minutes and told to return w...

    David’s Answer

    I am very sorry to hear this - my condolences to your and your wife. Theoretically the answer is yes, your wife has a claim, and you might as well, although the claim would not be one for wrongful death per se. The big question is whether a medical expert would agree that medical negligence contributed to this horrible outcome. You can only get that answer by consulting with an attorney who will, in turn, consult with experts. Do not delay as you have only one year to make a claim.

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  • Can my medical insurance company claim this money and should I be getting pain and suffering money? Should I seek representatio

    I was involved in an auto accident last April 2015. I was rear-ended me at a stop light, totaling my car and causing me to hit the car in front of me as well. I had back and neck soreness for a couple of weeks. I went to the doctor the following d...

    David’s Answer

    • Selected as best answer

    You will never get fair compensation for your injuries on your own. You need counsel. Hopefully you have not irreparably injured your case by speaking directly to the insurance company for a year.

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  • What should I do next, should I give this information to their insurance company?

    I was in a care accident on 2/8/16. A car hit me from behind, right after the accident I went to the ER. The Dr. at the ER said to expect to have some pain to put heat and ice on my neck, waist, and leg. I had been in contact with the insurance o...

    David’s Answer

    Medically you're doing the right thing - get cared for. Legally, you seem to have a case that is significant enough to justify getting a lawyer. Get one. Your best option is to call the Alameda or SF County Bar Associations and get referrals to qualified lawyers.

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