Personal Injury Legal Questions

Hello Anonymous, You may have both a medical malpractice case and a product liability case, or you may have just one.  Medical malpractice cases arise when a health-care provider's services fall below the standard of care of practitioners within their same area of specialty or type of practice.  Perhaps, in your case the health-care provider did something or failed to do something while administering the "product" or filler.  There are different legal theories that can be alleged in a products liability case: 1. Intent; 2. Negligence; 3. Strict Liability; Breach of Express Warranty; 4. Breach of Implied Warranty.  Also, there are different types of dangerous products that could give rise to a products liability case: They are:       a.  Manufacturing defect: exists if a product is manufactured differently from all others that came off the assembly line and is more          dangerous than other products;      b.  Design Defect: exists if all products in a line are the same but have dangerous propensities;      c.  Inadequate warnings: exist if manufacturer fails to adequately warn others of nonapparent dangers in using product.   You could consult a medical malpractice lawyer who also handles product liability cases, but in my experience there are fewer lawyers who specialize in medical malpractice cases who also handle product liability cases than there are personal injury lawyers who would be willing to handle a product liability case that also involves medical malpractice issues.  Therefore, I suggest you consult a personal injury lawyer first, but be aware medical malpractice is technically a personal injury claim and there may be practitioners who handle both malpractice claims and product liability cases.  Best Wishes, Michael J. Menicucci Menicucci Law Group, APC 1578 North Batavia Street Orange, CA   92867 714-742-6848 mjm@mlginjuryattorney.com www.mlginjuryattorney.com      ... Read More

If you were treated by a health care provider who was paid by Medicare or Medicaid, the attorney has to cover the lien or else he will be personally liable. Unfortunately Medicaid liens take many months to resolve and clients become very frustrated with impatience. The process is slow but there will be a resolution. ... Read More

So sorry to hear what happened to you.  Addiction is a terrible ordeal to go through.  I'm not aware of any class action lawsuits against Purdue Pharma due to the addictive qualities of Fioricet.  You could have a malpractice lawsuit against your prescribing physician for prescribing the incorrect dosage and/or for not warning you of the risks associated with taking the medication on a long-term basis.  You can find an experienced malpractice attorney using the Find a Lawyer tab on the Lawyers.com homepage.  You'll need copies of your medical records so that the lawyer can have them reviewed. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More

You have a variety of options that should be considered.  A worker's compensation claim would be one if you, as you state, were in the course and scope of your employment when the incident occurred.  Second, you could pursue an uninsured motorist claim for your injuries and damages if the hit and run accident was reported to the police.  I recommend you contact a personal injury lawyer to discuss your options as soon as possible. Michael J. Menicucci Menicucci Law Group 714-742-6848 www.mlginjuryattorney.com  ... Read More

You may have a personal injury case against Walmart.  A store owner is required to provide reasonably safe premises for its customers.  If the boxes fell because they were improperly stacked or because of some other reason unrelated to anything you or your daughter might have done to contribute to the incident then the store could be held liable for negligence.  There are many factors that have to be considered.  A personal injury lawyer will be able to evaluate the facts to determine the strength of a case against Walmart.  I recommend you contact a lawyer to determine if a claim should be made against Walmart.    Michael J. Menicucci Menicucci Law Group 714-742-6848  ... Read More

Loss of earnings when you are a 1099 employee can be difficult. You need to show Amtrak that your loss was due to you being unable to perform your contractual duty, or that you lost out on a job because of the accident. It appears you are looking for an additional $400 in compensation. I do not know if your last years taxes will be able to reflect that amount. Somethimes a ledger of your writing for pay history will suffice. You need to talk to the adjuster and ask them specifically what they need to approve the amount. ... Read More

It depends upon your particular facts concerning what ensued after ingesting the food and what has traspired medically. A Personal Injury attorney can investigate this matter starting with a consultation and determine if this meirts pursuit. Choose an experienced professional to guide and advise you and evaluate your potential claim. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. There are requirements to follow and deadlines, so do not delay.... Read More

Sounds like an interesting case.  It might pose some difficulty if the driver actually did steal the vehicle.  I would also be interested to know if you had your own auto policy with uninsured motorist coverage.  At the very least, you need to call and get a free consultation from a Dallas/Fort Worth area personal injury lawyer before you do anything else.... Read More

You could assert claims of assault, battery and this may surprise you - negligence.  Without more details, it is difficult to provide a comprehensive analysis of the elements of each cause of action as they would apply to your claim.  Questions include whether there were any witnesses to the altercation and whether the collision/altercation were reported to law enforcement. Based on the facts presented, it appears you would have a reasonably good chance of proving liability.   A factor to consider is whether the value of your claim justifies the expense and emotional investment of a claim/lawsuit.  Your damages could include past, present and any future physical/emotional pain, suffering and economic losses.  Relevant are the nature/extent of your injuries, amount of paid and future medical bills, past and future loss of earnings and the value of your broken glasses.  Punitive damages are also a possibility if you prove assault/battery, the amount of which depends on factors beyond the scope of this answer. Bear in mind, insurance companies do not cover punitive damages.  Another factor to consider is the potential for payment of any damages awarded.  If you allege and prove negligence, insurance coverage may provide a source of recovery from the other driver. Sometimes insurance companies, even those that question coverage, will settle a claim to avoid defense costs.   To summarize, you should at least consult an attoreny to discuss whether it would be economically feasible to pursue a bodily injury claim.  Bear in mind, California Code of Civil Proedure Section 335.1 requires an adult individual (plaintiff) to file a lawsuit within two years from the date of the intentional/negligent act.  After that, a personal injury claim would be barred.         ... Read More

So sorry to hear about your broken tooth.  Whether your dentist committed malpractice all depends on whether damaging a tooth during a routine cleaning falls below the standard of care or whether it's a risk (albeit an uncommon one) of the procedure.  Unfortunately, given the expense associated with even bringing a malpractice lawsuit, that might not really be a viable option for you.  Your best bet may be to speak with your dentist, explain to him what happened, and see if he will accept responsibility and perhaps fit you with a new tooth (or at least refer you to an orthodontist).  Given the cost of dental treatment, ask if he'll cover (or maybe split) the cost of getting a new tooth.   Hope this helps.   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY 10006 (212) 226-6662 www.kdrpilawyers.com... Read More

It is a bad sign that you're already having a communication problem with an attorney at such an early stage of your relationship.  One of the most important aspects of an attorney-client relationship is a two-way line of communication.  If an attorney does not return phone calls, reply to letters or otherwise fails to communicate with the client, they are not fulfilling one of their most important duties as the client's attorney.  Failing to be able to communicate with the attorney at the beginning of a relationship is a sign that the client could have trouble communicating with the attorney in the future, and possibly for the duration of the matter for which the attorney was hired. An attorney-client relationship is not formed until both the client and attorney have signed the retainer agreement.  It sounds like you do not know if the attorney has executed the retainer agreement.  Whether the attorney has signed the agreement or not, a client has the right to discharge an attorney with whom there is a contingency fee agreement at any time for any reason.  A discharged attorney who does has valid attorney-client  relationship would have the right by asserting a lien to seek payment of the reasonable value of his/her services before they were discharged.  For that reason, a disatisfied client is better off finding a new attorney sooner rather than later.  The longer the client waits, the more work the discharged attorney will perform on the case and that will lead to a larger fee that the discharged attorney will seek out of the client's eventual recovery.  One of the things that attorneys who are being asked to take over a case consider is how much of the "attorney's fee pie" is going to be split with other lawyers.  Logically, the larger the piece of the attorney's fee pie other attorneys are going to want, the more difficult it will be to find a new attorney to take over the case. There could be a variety of reasons why the attorney has not returned your phone calls.  Perhaps the attorney's office is going through some significant changes because of the COVID19 virus.  On the other end of the spectrum, it could be that the attorney doesn't prioritize returning phone calls.  It's difficult to speculate why the attorney has not returned your calls, but you have valid concerns that need to be adressed ASAP.  If you decide to give the attorney another chance to return your call and you get a response, be sure to advise the attorney that you did not appreciate the delayed response. If you have reached the end of your patience, look for another attorney who values the importance of timely and regularly communicating with the client.              ... Read More

If your former lawyer is offering to defend you, then you're already doing what's necessary to protect yourself.  From what you've described, it sounds like the Court has ordered your to appear for a deposition, likely by means of a Court order, not a subpoena.  That you already appeared for a deposition does not mean that you cannot be compelled to appear for another deposition.  I would not worry too much about being sued individually - since you were working for Company A at the time of the incident, Company A is ultimately responsible for your actions and its insurance policy will cover you. Hope this helps,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More

Something definitely smells fishy.  The Infant Compromise Order should have directed that the monies be deposited jointly with an officer of the bank, that no withdrawals would be permitted without a further order of the Court, and that once the child turned 18, the bank would turn over the proceeds without further order of the Court.  The mother / parent should not have been in possession of any of the settlement proceeds (without permission or the Court) or have been able to withhold any portion of the proceeds. You should call the attorney, ask to see a copy of the Infant Compromise Order and have him / her explain why the child's mother has been using the settlement proceeds for her own personal use (and presumably without permission of the Court). Hope this helps. Best, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More