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Recent Negligence questions

I was using a airway oxygen knee cart when the knee rest pad

I was using a airway oxygen knee cart when the knee rest pad broke and my cast ankle went down. I couldn't get my balance and injured myself more. This foot is already injured but now this. How do I handle this.

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legalg

Juris Doctorate

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Does texas allow complaint third party bad faith against an

does texas allow complaint for a third party bad faith against an insurance companyJA: Have you talked to a lawyer yet?Customer: yeah, he said that I would have to sue the driver first than the insurance company would be liable for the lawsuit once he is found guiltyJA: What advice did they give you?Customer: to amend my complaint to remove the insurance company and replace it with the driverJA: Because laws vary from place to place, can you tell me what state this is in?Customer: texasJA: Anything else you think the lawyer should know?Customer: I file the complaint in February 2016 and the lawyer represented the insurance company respond with an answer to the complaint and they have answered some of my interrogatories. But the lawyer just sent a motion of dismiss since they are a 3rd party

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Ely

Counselor at Law

Juris Doctor

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Legal Question: I am plaintiff's counsel in an elevator

Legal Question: I am plaintiff's counsel in an elevator accident case. I have to respond to a motion for summary judgment. Discovery is closed but counsel for Defendant elevator co. allowed me to take depositions of 2 employees of company subsequent to closure of discovery. From these depositions it became clear that I had to dig deeper. I notified my expert who had not written a report and he came to D.C. (this is a District of Columbia Case) yesterday and is writing a report. Opposing counsel states if I submit his report then he would move to strike it because discovery closed. I believe I have enough information to put up a good fight against summary judgment. The case has been rescheduled a number of times. Would it be appropriate to respond to the Mot for Summary Judgement and in the same motion ask for the reopening of discovery ie.Plaintiffs Opposition to Motion for Summary Judgment or in the Alternative Reopening of Discovery based on the depositionsand the expert report. Again this is in Superior Court for District of Columbia. In addition Defendants assert that Res Ipsa can not survive their motion and because negligence has not been proven i.e. their argument is that since there was supposedly only one incident of deficient leveling of the elevator which caused client to fall that negligence could not be shown. It is up in the air as to whether or not there was only one incident. Thank you.

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N Cal Attorney

Doctoral Degree

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I live in a rent stablized apt. in a bldg that went COOP

I live in a rent stablized apt. in a bldg that went COOP under a non eviction plan. One day several years ago the super (employed by the COOP) and the Board President of the Coop entered my apt. and caused a very serious flood as a result of their negligence. I incurred over 60K in damages. I retained an attorney who agreed to work on contingency. This past week the defendant (my landlord) who also sat on the COOP board at the time of the incident moved to remove himself as a party to the lawsuit and moved for summary judgment. My attorney informed me that I could NOT attend the hearing as it was private between the Judge and the attorneys. (Is this possible...that a party to a lawsuit...such as the plaintiff could be prohibited from attending a court hearing?). In any case my attorney showed up and told me that the hearing was now adjourned for two weeks at his request because the defendants moved to dismiss and he was not prepared to argue. Is it possible that motions for summary judgment, motions to remove oneself as a party to a lawsuit and motions to dismiss would not all have been spelled out prior to the hearing? Is it possible that my attorney did not know they would move to dismiss in advance of the hearing?I wish to know if I should be permitted to attend all hearings in my case in a court of law. I wish to know what legal ease I must use to inform my attorney of my rights in this regard. I also wish to know if prior to any hearing where motions are to be made ...if the defendant would have been required to list all motions in advance.....or is it possible that the defendants would have moved to dismiss in the absence of notifying my attorney of this intent?

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richanne96

Attorney

Doctoral Degree

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524 satisfied customers
Thank you valuable time and help with my question. I hope I

Hello. And thank you for your valuable time and help with my question.I hope I don't get too long-winded explaining the situation. My (ex) husband had a broken back - 3 vertebrae. The first one broke several years ago (he was never told when it was discovered) A second and then third cracked, leaving him in severe pain. He had surgery for these breaks and contracted sepsis. .and almost died.During his 2 months stay in the hospital, one of the Drs told me he would never be the same - physically, mentally. etc.It is now a nightmare. He cannot drive or leave his condo - I have to help with everything and I don't live there.I think someone - especially his primary Dr who never told him he had a problem PLUS the surgeon should have action taken against them. I asked the physician's assistant why he was never told he had a break and I was told: "well, you cannot tell a patient everything that's found - they become hypochondriacs." REALLY??Is there a case in this at all??

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Maverick

Doctoral Degree

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5,826 satisfied customers
I was given clindamycin -surgical a site infection. The

I was given clindamycin for post-surgical a site infection. The clindamycin brought on a very serious C-Diff infection. I was sick for two and a half months and finally had to have an FMT procedure.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: I had a successful hysterectomy 11/23/15. On 12/24/15 I brought to the emergency room at Palomar hospital. The doctor there diagnosed me with the flu and as having a site infection. He prescribed Tamiflu and clindamycin. They did blood work but did not take a culture of the site word test me for the flu. They also did not warn me of the side effects of clindamycin. My email is***@******.***. My number is(###) ###-####JA: Have you talked to a lawyer yet?Customer: I am in CaliforniaJA: Anything else you think the lawyer should know?Customer: NoJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Personal Injury Lawyer about your situation and then connect you two.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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105,346 satisfied customers
What odes it mean if my attorney says that the reason the

what odes it mean if my attorney says that the reason the defendant won't reply to our offer for negotiation is because they see me as a liability and hope I will just go away?

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Legal-Kal

Attorney

J.D.

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878 satisfied customers
Thank you valuable time and patience with my question. I am

Hello - and thank you for your valuable time and patience with my question.I am currently renting a property (landlords are cheap, and never did anything to the house.)A few summers ago I fell down the steps because the carpets, I discovered afterward, were very slippery from wear and tear.At that time, I had a few broken toes, a sprained ankle, and a sore knee. Everything healed. NOW a few years later, I discover I now have a torn meniscus (on the near which was injured) and I am in pain often. It pops out and then goes back in. . . sometimes on its own and sometimes I have to push it back in. OUCH!!!Is it too late to recover any damages?? Medical bills?? Pain & suffering?? Anything at all??Thank you again.

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Legal-Kal

Attorney

J.D.

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878 satisfied customers
My daughter was driving down I-80 in Nebraska in a 2008

My daughter was driving down I-80 in Nebraska in a 2008 Chevy Malibu going 75mph when side airbag went off, scratches and bruies. Dealer said no warranty and insuance wont cover. Any options?

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legalg

Juris Doctorate

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12,920 satisfied customers
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