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Recent Negligence questions

Does personal injury law include lawyers who deal with

Does personal injury law include lawyers who deal with medical malpractice/negligence cases?

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Loren

Juris Doctor

36,276 satisfied customers
This post if for CalAttorney2 ONLY: Mr., my Memo in

This post if for CalAttorney2 ONLY: Hey, Mr. B, my Memo in Opposition to Defendant's' MSJs is coming along slowly, and reading it I'm growing less pessimistic. Anyway, I just discovered another possible aid: negligence per se. Both defendants are operating as if the written, detailed protocols required by KS law did not exist, so that's one leg of establishing the per se business; the other, though, is a little more difficult: showing that if they had maintained and followed a set of protocols, they would never have ordered me abruptly off prednisone. It's not strong, but it's something. So now, I want to check out the legislative history of the law, K.S.A. 65-1130(d). So what does this mean? History: L. 1983, ch. 206, § 2; L. 1989, ch. 192, § 1; L. 1999, ch. 115, § 1; L. 2011, ch. 114, § 44; Jan. 1, 2012. Can I get to this stuff online? How?

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CalAttorney2

Attorney

Doctoral Degree

19,446 satisfied customers
During the weekend my girlfriend slipped and fell in the

During the weekend my girlfriend slipped and fell in the restaurant and did not know that the floor was very wet. She was in great pain. One of the employee who happen to be mopping the floor did not post any yellow sign or any warning sign of the floors being wet. The manager who happen to be there asked my girlfriend if she needed to go to a hospital and said that his restaurant has insurance.We weren't sure what to do? A few day later I drove my girlfriend who was experiencing pain on the leg, back and neck to a hospital to take x ray to make sure that nothing was fracture.In this case, we didn't know what to do?

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CalAttorney2

Attorney

Doctoral Degree

19,446 satisfied customers
I had a back surgery in Slidell LA in 2014. The surgery was

I had a back surgery in Slidell LA in 2014. The surgery was entered through my left side to add cages into my spine. During the surgery a nerve was damage causing limited use on my left side from my hip down. I would like to know if I can sue for this damage causing a huge change to my way of life. I have not been able to work and I can not walk without the aide of a walker or wheelchair. My quality of life has changed for the worse. Now I am on medications to help me cope with the pain but they are so strong I am either sleeping all of the time and having a huge problem being able to concentrate.

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RobertJDFL

Attorney

Juris Doctorate

12,142 satisfied customers
I asked the question earlier about pain and suffering but

I asked the question earlier about pain and suffering but after reading through your quick questions below I understand it better my question should've been as follows. I suffered a broken toe and seven stitches, I happen to be a quadriplegic with sensation everywhere. When the paramedics from the ambulance company rammed my foot into the door frame it was a very severe and painful injury. I was just arriving at my urologist office for a suprapubic catheter change, the nurses there did what they could to clean up the injury and wrapped my toe and foot in gauze to stop the bleeding. They completed the catheter change and the paramedics took me from there to the hospital emergency room for x-rays and were my foot was stitched. I was in severe pain for several days after the accident and then in discomfort for at least 14 total days. The important point in this pain episode is that since I am a quadriplegic I normally deal with considerable daily pain. For my daily pain I have always taken norcos as a pain reliever, but because of this toe injury I had to increase my pain medication which meant I had to take oxycodone. Now oxycodone is far more addictive than norcos by far so and I remain on them to this day, which is about 30 days since the accident. My doctor will start getting me off the oxycodone little by little next week, so the important part of my question is? Isn't this withdraw problem part of my pain-and-suffering? If this withdraw problem is part of my pain-and-suffering after everything you've read what is your best guess? Just take a shot in the dark at what you would think the pain-and-suffering multiplier would be, that is it's being between 1.5 and 5?

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Maverick

Doctoral Degree

6,358 satisfied customers
My daughter is in a wheelchair and has power wheels on her

My daughter is in a wheelchair and has power wheels on her chair that cost close to $5000 per wheel. She was on a city bus that was hit by a car. In this accident her wheels were damaged and come to find out the car driver only had $10000 in property damage. His insurance company is splitting the $10000 between her wheels and the bus and trying to only pay just over $2000. My question is that would the bus that she was on be responsible for the remainder of the cost of her wheels? Or what would we have to do I cannot afford to replace these wheels and our medical insurance paid for them when she got them because she has shoulder pain. I need to get them replaced before she damages her shoulders since pushing her chair is her only way of getting around. Please help.

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JD 1992

Juris Doctor

35,342 satisfied customers
Was involved in a MVC July, 2006. My SUV totaled. Taken to

Was involved in a MVC July, 2006. My SUV totaled. Taken to Harris Hosp, released after tests. A FW policeman was on scene, filed a bogus report, upon which the offending insurance company denied our claim. My insurance paid for PIP, and eventually ruled WE NOT RESPONSIBLE for the MCV, and would try to recover via subrogation dept. We had never 'closed' the case with either insurance company.Two things: my personal physician never recommended me seeing specialists in other fields, never was it suggested I see a neurologist or an orthopedic surgeon. Was he negligent? Second, at the time I received the FW Police report of the incident, I contacted the office at work to ask certain questions regarding his report. Basically he had had a road-rage moment and skewed the report in favor of the other driver. My wife wrote a lengthy letter to our alderman, Mayor of FW, and the Police Chief, who eventually replied and informed us officer so-and-so would receive training and counsel. Because of his report, our insurance claim was convoluted, and now I am suffering with permanent broken ankle, and numbness/tngling/disfunction in my hands and arms. What do you think?JA: Since laws vary from place to place, what state is this in?Customer: TexasJA: Have you talked to a lawyer yet?Customer: Soon after accident, an attorney couldn't believe my circumstances, and offered to join suit if the insurance company were to sue the other. All I ever heard was that the subrogation dept was looking into recovery costsJA: Anything else you think the lawyer should know?Customer: In 2008 just before 2 year period I had an MRI done on my neck, showed damage and occlusion of spinal cord, but because I was not working at that time, did not pursue a suit

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CalAttorney2

Attorney

Doctoral Degree

19,446 satisfied customers
This question is for Esq ONLY. ****How can I give myself the

This question is for William B Esq ONLY.****How can I give myself the best shot at an appeal to the federal courts? ****For example, I believe the high costs imposed by Kansas law by the requirement of expert witnesses in professional negligence actions poses a significant barrier to the courts and is therefore unconstitutional, violating both the Kansas and US Constitutions. There are cases addressing this question, but I believe they need to be reconsidered, plus it seems to me somehow to buttress my appeal because my failure to survive the upcoming MSJ will be because of lack of expert testimony, even after I asked the court to appoint an expert and that I would pay. These costs can be shown to be responsible for the deaths of thousands of people; admittedly, it relies on both circumstantial and statistical arguments, but it's really true nonetheless.The Pretrial Questionnaire asks if there are any legal questions needed special attention. I believe I'd better amend mine to say, “yet, constitutional issues.”****What do you think? (Not about the likelihood of my prevailing, but rather of avoiding sanctions.)****Kansas rules forbid mention of insurance in front of the jury, but I want the jury (I know I'll never get in front of a jury, but I'm still curious, and want to make the argument as part of my Pretrial Questionnaire) to know or think, anyway, that my not having an expert is because the insurance coverage mandated by KS law comes from one company, and that doctors cannot practice in KS without the mandated coverage, so naturally no doctor wants to be the cause of a judgment being brought against that carrier. I believe I could get this across simply by having a witness read a short section from KSA, and I've read somewhere that all laws, state and federal, are automatically judicially noticed.****Is that right?********And what happens if my mentioning insurance results in a mistrial? Do I lose then and there, or is it possible to begin again?****

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CalAttorney2

Attorney

Doctoral Degree

19,446 satisfied customers
I have sued my landlord for breach of the warranty of

I have sued my landlord for breach of the warranty of habitability under my rent stabilized lease. The landlord caused flooding of my apt. and extensive property damage. I am aware that under the Breach of the Warranty of Hab. I may be entitled to both a rent rebate for the period of I was inconvenienced as well as attorney fees. I recall having read some case law where arguments can be made for reimbursement of costs for personal property damage as a result of the flood. Can you direct me to case law that might support reimbursement for property damage as a result of the breach of the warranty of habitability in NYC?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,664 satisfied customers
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