Archive for November, 2009

Wrongful death lawsuit resulting from cancer?

I will try to keep this as short and sweet as possible, but it is a rather long and involved story, so please bare with me.

I have a very dear friend, who just lost his 16 year old son to cancer. (the type of which I am unsure of at the moment) The boys mother has not been involved in his life since he was 2 years old. She left him home alone, phoned the father and told him to go get his son and has not seen him since. She did pay court ordered child support, but only because she was forced to.
When the son died, my friend called her to let her know and her first response was "Good, now I can stop paying child support". Last night, a sheriff served him with papers in a wrongful death lawsuit filed by the mother, saying that his neglect led to his sons death. Needless to say, he was totally shocked and devastated. For the last 3 months, he has pretty much lived in a hospital, sitting by his sons side. He got the best medical care of him, and did everything humanly possible to ensure his son was well cared for.
My question is this, how can she sue for anything? She was never a part of the boy’s life; she wanted nothing to do with him. She never paid anything more than what she forced to. How could she even get a lawyer to take on a case like this?
I was under the impression that wrongful death would be related to something like a car accident, medical malpractice or the like. Any info you can offer would be much be very helpful.

Perhaps she believes there might have been a life insurance policy involved, and thinks she could collect from that? If that’s the case, she’s misguided, since proving negligence on the part of the father would likely excuse the insurance company from payment to anyone.

More likely, this woman is a seething, evil b*tch who wants to spread misery to all.


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What kind of settlement could I be looking at?

In September of 08 I was involved in a motor vehicle crash. The other driver pulled out in front of me which resulted in me hitting her doing about 45 MPH. An estimate has been done for my vehicle which showed that there is about $6,000 in damages to my car. I had both of my children in the car (ages 2 months and 2 years at time of accident) her insurance has already compensated me for the car seats but has yet to write a check to fix the damages to my car. I have hired an attorney who is working on my case for me. My children have been fine since the accident, however my I did suffer injuries. An MRI showed two ruptured disks in my L4 L5 and L5 S1 and I have been told by two doctors that I will need to have surgery in order to correct this issue. This injury has been horrible and life altering and has really changed my life around. I have been put on restrictions, I am not permitted to pick up my now 16 month old daughter and my activities are limited. I do have an apt to meet with a neurosurgeon next week to discuss when we want to do the surgery but I know a settlement will come after my injury is corrected but it doesn’t change the fact that I am still working on getting a check for my personal property damage which is horrible that I have had to wait over a year to receive this check to fix my car. I don’t know how to push things along and get this taken care of, and wasn’t sure if the property damage portion will come with my settlement.

I am just curious as to what I could be looking at in regards to a settlement for this accident. I am not sure what they base settlement amounts off of. I am a SAHM so I haven’t endured lost wages, however my husband has had to take numerous days off of work to take me to the doctors office or hospital when I was in such excruciating pain that I could hardly move.

I appreciate any help or advice. This whole thing has been a complete and total nightmare.

You’re paying your attorney 40% of the total claim - you should be getting your advice from them.

The laws vary from state to state, so any generalization, flat out might not apply to your case.

It’s extremely odd that they paid for your car seats, but not your car. You can ALWAYS file a claim with your car insurance, under the collision.

Regarding a settlement, it’s NEVER going to be more than the policy limit - which can be as low as $10,000, depending on what state you are in. Your medical bills would eat that up really fast.

Sorry. There just flat out isn’t enough information to guestimate. But your attorney should be giving you an idea.


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I busted my thumb driving a few months ago, an orthopaedic surgeon was recommended to me and he thought my best option was to undergo surgery. Now my thumb is even worse than it ever was and I can’t work. Where should I go to get some help to deal with my financial problems?

First you need to find another ortho surgeon who will certify that your problem is due to medical malpractice. Then you need to find a medical malpractice attorney who will handle your issues.


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What is the length of time it takes to get an answer on a final decision for an accident claim at an auto insurance company? For example an accident occurs between two parties, the accident claim is filed on the other parties insurance, how much time does the auto insurance adjuster has to make a final decision to approve or deny the claim? (For example 30 days? 6 months to a year?)

Try getting an online insurance quote It’s free and quick to do. http://www.goodinternetdeals.com/Auto-Insurance.html

Good Luck.


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Car accident claims question?

I was recently in a car accident that was not my fault (I was stopped at a stoplight when a car side swiped me). I was not injured, however there was some damage to my car. This is my first experience with a car accident. I got the insurance information from the person at fault. My question is do I contact the other persons insurance company to file the claim, or do I contact my own insurance company?

Report the accident to your insurance company, and file the claim with hers. You want your company to have a record of the accident, in case she tries to claim that you are at fault.

Her company should pay for your damages.

As to a police report, in many areas, if there is no injuries and all vehicles are drivable, the police do not write reports. They have the drivers exchange information, and send them on their way.


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Should i contact an personal-injury lawyer?

This morning i was rear ended up by another person. Called the police and they did a report. The other driver was found at fault and given a ticket. I was asked by the police officer if i was hurt. I said i was not. About noon my neck became stiff and my back is aching pretty bad. I was advised to call an Personal injury lawyer. Let me get one thing straight. I am not in this for money. I do not want to sure for tons of money. Just the medical bills. so what should i do? contact a lawyer first and than deal with the ins company. thank you.
thank you amanda.

I would consult a lawyer first before you spend a lot of money that you may not recover. A lawyer can tell you what your rights are and if he/she thinks you will get a settlement.


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Medical Malpractice question - 2 week old baby?

Medical Malpractice question - 2 week old baby?
We got a prescription from the doctor at the hospital for our two week old daughters acid reflux and we had it filled at Walgreen’s. A week and a half later we brought her to the doctor for a follow up and found out that the pharmacist at Walgreen’s had filled the script wrong and we had been giving her 30 times the amount she was supposed to be getting per day!!!

Well the company that represents Walgreen’s called last night and offered us $1,000 if we would sign off saying that Walgreen’s was no longer liable for anything that happens in the future relating to the overdose. So we have to get an attorney to figure out where to go from here because if we signed off on that and she has problems in the future, insurance wont cover it because it is a pre-existing condition. My cousins son had the same issue and he now has developmental disabilities, but they arent sure if that was caused due to the overdose.

Any advice on where to go and what to do from here??

Do not sign anything. Talk to your doctor about the potential long-term effects of the over-medication, and talk to a lawyer about your rights. Since this happened to a child, you may have until the child is 18 to proceed against Walgreens. Wait until you know if she will have problems as a result (I pray she doesn’t). Usually when someone is offering money right away, it’s because they know they are on the hook for a lot more and they hope you’ll get excited about their offer and not investigate further.


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People’s Republic of China?

CHINA
PEOPLE’S REPUBLIC OF CHINA

Head of state: Hu Jintao
Head of government: Wen Jiabao
Death penalty: retentionist
International Criminal Court: not ratified

An increased number of lawyers and journalists were harassed, detained, and jailed. Thousands of people who pursued their faith outside officially sanctioned churches were subjected to harassment and many to detention and imprisonment. Thousands of people were sentenced to death or executed. Migrants from rural areas were deprived of basic rights. Severe repression of Uighurs in the Xinjiang Uighur Autonomous Region continued, and freedom of expression and religion continued to be severely restricted in Tibet and among Tibetans elsewhere.

International community
Before China’s election to the new UN Human Rights Council, it made a number of human rights-related pledges, including ratification of the International Covenant on Civil and Political Rights and active co-operation with the UN on human rights.
http://thereport.amnesty.org/eng/Regions/Asia-Pacific/China

Next time you post something like this, with facts and figures, post a link so people can check it out to make sure its legit, based on current events, and not more china bashing.

When you do, then I’ll check it out.

============================

Now you supplied a link, but the great cyber wall here in China won’t let me get there.

China censors China hate sites plus pornography.

Keep this in mind, the Amnisties Internationals organizations depend on donations to survive. I’ve often wondered just how much they embellish the facts on that alone. It behooves one to look very closely at their board of directors, what they are getting paid, what percentage goes to public education, who they interview, are they seeking the other sides arguments without predisposition, — in short, is it tabloid journalism, or is it really true. Plus, how current is it?

====================

Peace

Jim

.


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Will my auto insurer cover accident claims?

I have my auto insurance with full coverage and I am driving past 3 years. My wife received her drivers license (her first new DL) just 3 weeks back and I have not yet added her to the policy. On my policy document her name is mentioned as "Not rated driver". Yesterday she was driving and I was along with her and she hit a car. It was not a major accident and only the front bumper got damaged and no body injured. It was our fault. Will my liability/collision coverage will cover the claims for me and the car we hit?
Just for more information per comments by "mbrcatz17"
The very next day after the accident I have added my wife to the policy. Per "mbrcatz17" comments I still have 30 days to to add her and till get covered, and the insurance denies my claims saying she was not covered till the day of accident then what do I need to tell the insurance so that it gets covered. Can you hep me with some legal clause here?

Your collision covers you for damages to your car and the other car and liability covers injuries sustained by both you and the other driver (if there are any). You will be covered up to your maximum coverage allowance minus deductible. Your wife may not be covered though so it would be wise to add her to your policy.


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the doctors are sticking together like glue blocking me any way they can.using old conditions to cover up new one.i even have a tape that is proof they are lieing about the quality of tape i know tape was copied off newly installed computer equipment from pa. university hospital.need hungry lawyer or aggressive one who has gumption to battle the medical system willing to give more then usual if anyone is willing to demand justice and champion for me.it will be hard but a good attorney can do it please find it in your heart to correct this wrong this one doctor has done and maybe he wont be able to harm another it seems they the other dr. dont care about a bad apple spoiling the rest in the barrel.they are all criminals to me for not keeping there oath to heal and protect against wrong medical practices.the only god to them is the american dollar not the welfare of there patients.its a sad sad world we live in when money rules and people are treated like theres always another patient

Did a search for you below. There is a list of NJ med mal attorneys. Start calling around.


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