Skip to main content
David Andrews Williams
Avvo
Pro

David Williams’s Answers

141 total


  • Dental negligence? Medical Malpractice ?

    I went to bright now dental in my area and they told me I have 5 small cavities so I had to do some fillings in last week. After 2 days later I started to have pains my teeth that was filled and I can’t eat or bite anything with upper left teet...

    David’s Answer

    Go to another dentist to see what can be done to help you with your tooth issues, not to ask about a claim for damages. The latter sort of presentation makes dentists very uncomfortable.

    See question 
  • Can the 3rd party auto insurer for the at-fault driver in an MVA sue the employer of the injured party?

    Was injured in an MVA. There is an at-fault driver. Part of the damages I will claim against the at-fault driver's insurance company are lost wages. As a result of the accident, I missed time from work and then needed to make a reasonable accommod...

    David’s Answer

    The insurer will contend that whatever you did, you should have done something else. But no, the carrier can't sue your boss for "lost wages" they had to pay you on the auto case. More likely they'll contend that you inflated your injuries to generate a wage claim. I advise you to seek counsel.

    See question 
  • What are my rights if a doctor falsified my records to perform an inappropriate surgery?

    My doctor performed a lumbar laminectomy decompression surgery on me for lower back pain. He falsified my medical records to say that I had radiating pain down my buttock and legs; he said that was my primary complaint. I had no pain anywhere exce...

    David’s Answer

    The law requires expert testimony to support a case, unless it is glaringly obvious (i.e., the doctor operated on the wrong leg). It would not cost 10k to have the case reviewed, and competent medical malpractice counsel would likely screen your case before suggesting the expense of expert review be incurred.

    See question 
  • I was recently injured at work, am I entitled to anything due to the fact I was hit by a negligent operator?

    I am going through back problems after this accident has occurred. The accident took place towards the end of the day when we were refueling the equipment, an operator operating a 330 excavator went to park the equipment and never check his perime...

    David’s Answer

    If you are injured through the negligence of a person whose paycheck is signed by the same entity as yours, you're pretty much limited to worker's comp. On the other hand, the General Contractor of a job has an independent duty to see to it that the working conditions are safe, and can be sued if an injury occurred do to unsafe practices on site. I suggest that you consult counsel versed in construction law.

    See question 
  • I was hit by a car while riding my bike. Received a broken fibula among other injuries. Have witness. What are my options?

    I was hit by front end of drivers car. I have a witness that has verified what happened. While riding my bike I was hit by a motorist. The Driver of car moved forward after stopping when I was directly in front of their car. When Driver moved for...

    David’s Answer

    First order of business will be to square away medical coverage. The motorist probably has "PIP" (no fault) which should apply to the initial bills. After that, if you have PIP on your car, it would apply. After that, health insurance should be coordinated. If you miss work, there may be PIP wage benefits as well, though they are usually poor. When you have recovered, you can seek a settlement with the liability policy carrier covering the motorist. Meantime, you need to contact your own auto policy carrier and find out if you're PIP policy covers you, and you will likely have to give a statement to the motorist's carrier to get PIP benefits. Before doing so, I concur that it's wise to consult counsel. Cases like this are always handled on a "contingency" (percentage) basis, so you don't pay for anyone's time.

    See question 
  • Should my car accident case be taking this long? Why won't the settlement amount cover my bills?

    I was rear-ended Feb 2015. My chiropractor recommended an accident lawyer they said they refer patients to. I thought that would go well. It hasn't. Is it typical to be trying to get the settlement from Safeco (the responsible parties insurance) f...

    David’s Answer

    It's not necessarily unusual that your case would not be settled yet, but you certainly have the right to know what's going on at your lawyer's office. If he/she won't keep you abreast of developments, I recommend you consult another lawyer.

    See question 
  • Can I sue for malpractice given that I had signs and he never ran a UA, which led to me going undiagnosed for days?

    I had postpartum pre-eclampsia. My OB/GYN knew my BP was incredibly high 2, 3, and 4 days postpartum. Starting on day 2, I had extreme swelling in one foot/ankle (one "leg" is a symptom of this disease). The doctor never ordered a UA to check for ...

    David’s Answer

    I'm sorry this happened to you and glad that it appears to have not caused permanent damage. Sadly, counsel is correct that in the absence of very serious damages, a malpractice suit can't be justified economically, or emotionally.

    See question 
  • Should I settle 80/20 % in auto accident?

    I was driving in 28th St SE Bellevue and taking right in 148th Avenue SE Bellevue, WA. There was 2 right turn lane i was in 1st right turn lane. When there was green arrow i turned right. As i turned right, dodge Dakota came from opposite way dir...

    David’s Answer

    Hopefully you weren't seriously injured and if that's the case, an attorney may not be able to "net" you more than you'd get by yourself. However, if you required treatment, I suggest that you consult counsel. Virtually all plaintiff's attorney's give free consultations.

    See question 
  • I now have hypertension, kidney issues and p.t.s.d. Isnt the anesthesiologist at fault? And do I have a ligament case?

    I believe that I have a medical negligence case. On February 23 I had a scheduled c-section. During the procedure I puked and my guts fell out. Immediately after that the Anesthesiologist put me to sleep which caused me to aspirate unknowingly....

    David’s Answer

    The most we an ever say in response to these types of questions is that you have a potential claim that should be investigated. I suggest that you retain competent, experienced counsel.

    See question 
  • When you are insured by medicaid/applecare and are in a car accident and thee other driver is at fault & has full coverage

    Insurance can medicaid/applecare put a lien on you for your hospital bills that then will be deducted out of your settlement check from thee at fault drivers insurance company? Isn't it rule of thumb that thee at fault drivers insurance co. cover...

    David’s Answer

    I agree with the previous answers and advise you to seek counsel immediately.

    See question