In 2015 I had my accessory navicular bone surgically removed
In 2015 I had my accessory navicular bone surgically removed and a tendon reconstructed in my right foot due to pain. The pain never resolved. I continued to see my physician until March of this year. Frustrated I sent to a orthopedic surgeon in May for a second opinion. After an exam, MRI and xrays, I find out the accessory navicular bone was never removed from my foot. I had surgery 3 weeks ago to have it removed. I know this is too small for malpractice, but could I sue my previous physican for breach of contract?JA: Can you tell me what state this is in? And do you have copies of the medical records?Customer: Texas. Yes. I have the operations report from 2015 saying he removed it. I continued to see him at least once a month since 2015 for treatment for my foot pain.JA: Has anything been filed or reported?Customer: To who? The state?JA: Anything else you want the lawyer to know before I connect you?Customer: After the surgery I had ankle pain and tightness. So in January 2017 He performed another surgery to fix that. He did an MRI before that surgery. It did not fix anything. In March he wanted to do another surgery to basically lengthen my calve muscle. That's when I did not go back. My current Ortho surgeon said my ankle was in so much pain because I had a torn tendon, which was also fixed 3 weeks ago. He said it had been torn a long time. I would think the MRI in January would have shown it. Also the physician I who performed the first 2 surgeries was a podristist.
I'm a minority owner for five retail stores in
Hello. I'm a minority owner for five retail stores in Massachusetts. One of my employees, and one of my majority partner's employee, have accused me of stealing money from cash register. They also have accused me of embezzling money through payroll. All claims have turned out to be false (I have security camera footage showing that I did take cash out of register, and gave it to an employee for his pay). These two employees have told other employees and my majority partner that I've stolen money, when they knew that this was not the case. Now the employees think I have stolen money, and my majority partner wants to buy out my stakes at the companies and fire me. I wanted to find out what I can do with the two employees who went around and told other employees that I have stolen money from the company.JA: Since laws vary from place to place, what state is this in?Customer: MassachusettsJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: No
I'm to attend a LCvR 16.3 conference, I want to make the
I'm to attend a LCvR 16.3 conference, I want to make the assumption that this will be where the defendant and I discuss the complaint and possible resolution? The defendant submitted a motion to dismiss today and while i don't have a problem dismissing, i'm pro se and feel that some of their responses are derogatory and deeming. I will file my response, but i think for the conference (via phone) I should have a third party on the call? what do you think.
After help from justanswer I filed my response on Monday to
After help from justanswer I filed my response on Monday to several of the defendants motions. The defendant has filed a motion to dismiss, for several reasons primarily because the defendant is the parent company of the llc I worked for, i didn't know this when i filed (the captains work for them and the deckhands work for the llc, i was a deckhand). However, the defendant took several actions that i want to address, maybe positioning themselves in case i pursue. I want to address in my response, 1. defendant moved case to district court, wasting courts time and causing hardship on plaintiff (i know this was probably their point). they could've filed their response in superior court and made the motion to dismiss. 2. cite parent companies responsibilities to be aware of llc activities (they say they had no knowledge of what happened), i know i could press this issue to bring a case against them. 3. they keep stating personal injury in district of Columbia is 1 year, but everything i read states 3 years. I've filed the correct compliant against the correct company and am ready to move forward with them, so i really don't mind dismissal but i want the defendant to know that just because i'm pro se i can still justify suing them as the parent company. especially with the wording of their responses (a lot of disrespect). 4. my initial case is personnel injury they changed it in district court to employment discrimination which isn't the basis for the content of my compliant (can i discuss this in the response)so what are your thoughts, do you know of a good source to cite from district of Columbia and suing parent companies.
One final question, a different client (some clients
One final question, a different client (some clients appeared to the opportunists). The law firm received a call for representation on Jane Doe (not her real name). Subsequently, for her convenience we sent our retainer (paperwork) to the provider for her signature. This way she didn't have to make a trip to the law firm. Subsequently, this is involving an automobile accident that happened sometime in April.Jane Doe gave us permission to discuss her case with her granddaughter. In the meantime, we proceeded to do the normal routine. Which is, send a LOR to first party PIP area. In addition, we were investigating/ waiting for the police report so we can send third party a letter of representation as well.Within a week's time, we answered several conversation with the granddaughter and politely catered to her needs.On one particular occasion, she call to cancel our services. Her reasoning was that we promised to call her back in 45 minutes and failed to do so.Our response was, it was certainly not intentional. However, we may put in lien on the case based on the amount of work that went into the case. Immediately, she snickered and said, "you can't put a lien on the case because my grandmother never signed a retainer." Our response: "why do you keep calling us, asking us to do all this work, knowing full well your grandmother never signed the retainer?" Nevertheless, verbally, we were given permission to work on the case in good faith, thinking that the retainer was signed. Five minutes into the conversation, the grandmother, who was on a three-way listening ( without our knowledge), finally tried to say something. Her grandmother immediately cut her off and said, "Don't say anything Grandma" in a harsh tone.The conversation ended with the granddaughter stating emphatically, "If you all put a lien on this case, we are going to take you to the commissioner." The law firm just wished both of them a good day thinking we would never hear from them again.Soon, we received a grievance complaint from the commissioner with the whole conversation twisted around. True, she did not sign the retainer because she did not even know who the attorney was. The letter was addressed to the Case Handler, not the attorney. Some of the things that she said amounted to pure slander as if her grandmother was a victim. She insinuated that the law firm tried to threated her with the idea of "If you get another Attorney, we will put a lien on the case." Obviously, the people in the office who were listening to bits and pieces can confirm that nothing can be further from the truth. Interestingly, she also tried to depict somehow that we at this office were unprofessional, or talking to her grandmother in a cruel way, which is absolutely a colossal lie.End of story, the grievance complaint was addressed to , again, the wrong person. The attorney will respond this week to the complaint. He reached out to Jane Doe immediately and let her know that there would not be any liens placed on her case. She responded immediately to call and talk to her granddaughter.After catching up with the granddaughter, the granddaughter insisted the attorney put it in writing and send her a letter. The attorney was happy to comply and did just so. She also told the attorney that she was filing a law suit for the way the law firm talked to her grandmother, which whom the law firm never even knew the grandmother was on the three-way conversation until the end of the conversation.Should this be something we should worry about? Should we countersuit for slander? If she's trying to make good....etc... on her false acquisition.I know this is a lot, we'll gladly give you a huge tip/ bonus.
I worked for a law firm and my question is this. In the
good afternoon, I worked for a law firm and my question is this. In the retainer we do have permission to endorse all checks.A case was settled. Subsequently, we explained to the client exactly what his portion with be. He gave us the okay to deposit the check so that he can come in shortly and receive his agreed upon amount. To our surprise, he wants more money so we compromise and gave him at thousand dollars above and beyond the original amount as part of a reduction from the provider.There was not much of a reduction initially because we were only charging him 15%. He happened to be a friend of one of the staff members... is the law firm in violation because the firm deposited his check based on his permission... obviously we do have it as part of our retainer that we can cash or checks with his signature.Had he not given the law permission, the attorney would have never deposited the check
About 6 months ago my girlfriend got a car accident with a
Hi...about 6 months ago my girlfriend got a car accident with a small city (Louisiana) utility truck where the truck rolled through a stop sign and t-boned her. The police report clearly showed truck driver at fault. The car was totaled ($8k). The injuries were related to back, neck, and shoulder - mostly soft tissue. She was treated with medications and PT but the the MRIs read twice showed no damage to the spine. But she's still in pain which gets acute after work that has not diminished over the last 6 months. She's is a classical oboe player for Louisiana Philharmonic so she has fine motor skills and sits for 4-5 hours in prone position. The adjuster has offered about $2k in p&s over medical expenses. I now have to write some kind of counter offer and I'm looking for guidance. Are there any leverage points I can use?
Nassau County, NY I'm a business owner, and I had a small
Nassau County, NYI'm a business owner, and I had a small claims slip-and-fall complaint levied against me.We have security cameras covering 5 different angles, and have video evidence which challenges the plaintiff's claim, to the point of completely abrogating her story.The plaintiff is probably unaware there is video evidence. Am I obligated to share this evidence with her before trial?And our small claims Court sends all parties to a mediation room before trial. Would I be obligated to bring out the videotape at mediation?Isn't there any provision for withholding some of my material, if sharing it would give away my trial strategy? After all, SHE is the plaintiff. She should bring all the evidence. I could just remain passive. I intend to bring a counter-suit against her for wrongful allegations, and all the trouble she caused us, and allowing her to perjure herself under oath would be a great basis from my counter-suit.