General Personal Injury

Injury at work place

sudbon2784 — Wed, 08 Sep 2010 18:35:42 GMT

I fell down from a wheel chair while working in the job three years ago. My front tooth was broken and I immediately consulted doctor and workmans comp department. I finished all the formalities and they paid for my medical bills at that time. I am still having pain when the tooth is exposed to cool air and I told workmans comp last year. They approved for visiting the doctor again and doctor suggested that the option remaining is remove the tooth and replace with partial denture. Workmans comp approved for this, but I am not comfortable in using the partial denture through out my life. I preferred the dental implant and the doctor said dental implant is not sugeestable as I have periodontical problems. I went for the periondontics treatment with my own expense and the gum disease is under control. Now the doctor says I can go for dental implant. But workmans comp again sent me a letter approving only removal and replacing with partial denture. I asked them that I want to visit with oral surgeon (my doctor have no idea about the dental implant treatment) about my options of dental implant. They haven't approved my visit, and told me they might revisit the treatment plan based on oral surgeon recommendations. The oral surgeon says they can do dental implant and gave me treatment plan. I asked them to send to workmans comp person.

Now my question is what is the probability that they approve for dental implant? Do I have right to fight against them by hiring a lawyer? I have been communicating and in tough with workmans comp from past one year. Please let me know my options at this time?

Thank you.

fall & injury at work

estern — Tue, 07 Sep 2010 13:42:40 GMT

i'm a nurse at a hospital. i was sitting and doing my charting on the work pc, got up to go give a med to my patient not knowing one of the pc cords under the desk had gotten wrapped around my leg. i fell hard against the wall and down to the floor. i was taken to emergency and i have a broken arm. both security and my supervisor immediately assisted me to fill out the accident report and form for wc. i will be followed by an ortho md for further care. is there anything else i need to do as far as wc? i've been in nursing many years, at my current employer 11 yrs, and this is the 1st time i've ever had to file for wc benefits so i just want to make sure i'm doing everything correctly. i live in wi, thanks for looking at my question.

disability claim

kenny foster — Thu, 26 Aug 2010 15:51:28 GMT

i'm filing a disability claim with state farm i have to sign an authorization form. i want to be clear on what i'm signing this is what it i don't understand. (information obtained pursuant to this authorization may later be redisclosed and may not be protceted under the health insurance portability and accountability act of 1996. however other applicable state law and procections will still apply)???? could someone explain this language. thanks

Appeal Deadline & Settlement Conference Question - Injury

Lizzy7 — Fri, 20 Aug 2010 00:19:38 GMT

Is it correct that the deadline to file an appeal to the 9th Circuit Court is 30 days, from the date of a Court Order (U.S. Federal Court Order)?

When all parties go to a Settlement Conference (U.S. Federal Court), does the Plaintiff (personal injury victim) have to prepare something and say something during the Conference, or do just the attorneys prepare and speak?

Chipped crown tooth on foreign object in crushed red pepper

mildewman — Mon, 09 Aug 2010 03:50:44 GMT

Hi all,

Today, I was eating a piece of pizza which I had used crushed red pepper on. It was from a small jar of the product we have had in our house for a few months and used previously without issue.

While chewing at one point, I unknowingly bit a very hard object. I was able to retrieve the object from my mouth. It appeared to be a tiny, dark colored pebble. It looked similar to some of the smaller spices in the crushed red pepper, but of course was much harder. Curious, I carefully dumped the remains of the crushed red pepper jar onto a piece of paper and sifted through it. I did find a second sample of an equally hard object, again appearing to be a very small pebble.

Upon inspecting my mouth where I had bit down, I have suffered a chipped a crown in the back of my mouth. The crown is approximately 5-6 years old. I regularlysee the dentist, and ironically was just there last week. I hate chips / imperfections in my teeth, so much so that I no longer even eat Corn Nuts at the advice of my dentist.....

I live in Arizona if it matters....

Some questions...

1.) I know to procede with any question about personal injury reimbursement from the company, I need to establish personal injury. The question I have is, will the cost of the dental visit be part of the recoverable cost?

2.) What if he determines it is just cosmetic and will not shorten the life of the crown? Could I request reimbursement based on the cosmetic element of it? Also, since I can feel the chip on my tongue and it is annoying (though I may get used to it after time), does that account for anything?

3.) The company that makes the food product is a Canadian company. Does that pose any problems?

4.) Is it worth it to even worry about?

Hospital fall resulting in fractured hip

tarheel7 — Wed, 14 Jul 2010 18:56:14 GMT

Just need some advice. I know I should schedule an appointment with a personal injury attorney but just want an opinion first.

My elderly mom was in the hospital with a very serious illness. I had stayed with her for 72 straight hours and had to go home and take care of some business. I was encouraged by the nurse to leave because "She'll be great. We'll put her bed monitor on and watch her really closely" In the 72 hours, she had not attempted to get out of the bed by herself.

I guess you can guess what happened. She said that she pressed the nurse light, no one responded, and she tried to get up to go to the bathroom. Fell in floor and fractured hip. It required a total hip replacement.

My mom recovered from the serious illness, but now requires 24 hr help because she cannot walk and take care of herself. She was able to completely care for herself prior to the hip replacement.

The cost of the care is beginning to really drain her bank account.

Opinions????

Question about Slander and Libel; Cease and Desist

CarlaR — Fri, 06 Aug 2010 01:50:39 GMT

Hello,

This is a very long story so I will try to keep it short and to the point. Several weeks ago, the wife of a man I was in relationship (I didn't know he was married) with sought me out and verbally attacked me in public. There were no physical blows and I tried to walk away, but she kept up the attacks. Though she said some horrible things, there were only words. When I tried to walk away again she kept up the threats and so I called the police. They were called out, and a report was filed.

Weeks later she was able to get into her husbands email account and found very personal information about me, my disability and the insurance company that paid my disability claim. She called my disability company and filed a "fraud" claim against me. I have been in contact with my company for the past two weeks trying to clean things up and make sure that there will not be an investigation against me. There are no proof of any wrongdoing, but they still have to follow up this claim, no matter how false it may be.

She has also contacted my ex (his email was in her husband's account), sent him dozens of emails sent him pages of text messages and email correspon, and made other threats to me about how she can ruin my life, including slandering my name and my business name online and other related threats.

Since she has contacted my insurance company and continues to communicate with them, I believe every threat she's made.

In this case would a Cease and Desist letter be of any benefit?

Sister works in a moldy building

Jawiba — Sat, 07 Aug 2010 14:22:49 GMT

My sister was recently hospitalized with what doctors say "may" be asthma. She has been released from the hospital but has been quarantined at home for the past 2 weeks. She told us yesterday that the building in which she works has mold. They recently moved to the location where building is. Prior to them entering to work, they were told the building had mold in it. Although a crew supposedy got all the mold, we suspect that the mold may be the culprit behind here not beeing able to breath. She started coughing soon after working in the building and the cough progressed to a wheeze where she has passed out from lack of oxygen getting to her lungs! We finally were able to convince her to go to the doctor after the passing out episode she was not even aware of.

What information would we need to seek a lawsuit against her employer should the doctors agree that mold may be the culprit?

Thanks!

Automobile accident settlement

babygirl041105 — Fri, 02 Jul 2010 19:56:00 GMT

I got in an accident and the highway potrol determined it was 100% the other drivers fault and the other driver said it was his fault 100%. This happened in Dec of 2009 5 days before christmas in Lexington County SC in a [store] parking lot.

The man turned thur some traffic to my left I was in the right hand lane to go right he was comming from oppisite direction to turn left he turned in to me. He caused my 2005 Ford Escape XLT to be totaled the air bag came out the stearing wheel caused minor bleeding in my right side of the abdomen and on my left hand a blood vessel popped and had severe pain in my back under my shoulder blade. I went in an ambulance to the hospital and spent the night there so they could montor my abdomen and did 3 x-rays on my hand 2 cat scans on my abdomen.

I was released the following morning with heavy duty pain pills the total cost of ambulance was $560 and the night at the hospital was $17,000 and radiolagy was $1,500. I spent the next week out of work doctors orders. well over the last few months up till Feb 2010 i went to a chriopractor 2-3 times a week he released me with notes that no chriopractic care could cure my back. his cost $2,000. and up till April 2010 i went to a MD once every 2 weeks who perscribed me lots of pain killers and mussel relaxers (which im still on) he sent me to have an MRI done of my back and discovered that i have a knot under my right shoulder blade in between my spine. his cost $1,000.

MRI cost. $2,500. he recommed a shot that cost $5,000 but the insurance co. would not approve it. so the MD released me with a written note that i needed the shot to make the knot go away and with a long term/ permanet imparriment.

I have a lawyer & he called me 3 days ago and told me he had some of the medical bills reduced and with that said he said the insurance co. offered me $34,000 that is the total to pay all medical bills and lawyer and i would walk away with $10,000 and a no way of paying for future MD visits or the shot that could possibly help me. IS this fair? if so how? and if not what should i counter for?

Question about disputing a hospital bill.

Lisztomania — Thu, 05 Aug 2010 06:14:43 GMT

Hello there,

In June, I had a drug overdose and was brought to the hospital via private party. I was conscious, but was unable to talk or comprehend what was going on. I was physically and mentally incapacitated. I was ordered to enter into a detox facility (20-13?), and I had to stay at the hospital for 5 days after I was stabilized. Since then, I have checked myself into treatment and have been clean for nearly two months.

My hospital bill is in excess of $12,000 and I have no way of paying this bill. I tried to dispute the bill, but the hospital told me that I signed the consent form for treatment. My question is:

Is this consent form valid due to the state I was in? I had no idea what was going on or where I was, and I honestly don't even remember signing a consent form. If I was unable to read, write, or even comprehend the words being spoken to me, how could I have legally consented to treatment? It is my hope that I can have this bill waived since I was not aware of what was going on and had no intention of going to the hospital. I will say that after I came to after about 2 hours in the ER, I let the doctors know that I had no insurance whatever and no source of income, and that I would not be able to pay the bill and told them that I would like to be released. They told me that the order had been signed and that it was mandatory that I remain in the hospital.

Thank you in advance for your help!

withholding medical treatment for an inmate

tabarbi — Thu, 29 Jul 2010 01:33:13 GMT

My husband is in custody in Monterey County, California. He was diagnosed by a nuerologist, through MRI, with 3 herniated discs and spinal cord damage due to the compression of the discs. He was told that he needed to have surgery immediately to avoid further damage to the spinal cord leading to permenant paralyzes. Since then he has seen the doctor 1 time. His prescription has ran out so he is not recieving any medication to deal with the pain. He has little use of his hands because they are constantly numb. The numbness is now in his feet and legs as well as his hands and arms. On a daily basis he fills out a slip requesting to see the physician. The county has told us they will not do the surgery for him, the county hospital does facilitate that type of procedure. This problem has gotten 46% worse since it was discovered in June, is what he was told during the 1 doctor visit. Do we have to wait until he is paralyzed for life before any thing can be done for him? Or does the county have an obligation to get him the medical attention necessary?

Dog Bite Tragedy

WorriedinWI — Tue, 13 Jul 2010 01:54:40 GMT

I was volunteering with and adopted a dog from a breed rescue organization. She had no known aggression history, passed temperament testing with flying colors and had always (during the months I'd owned her) interacted appropriately with adults, children, other dogs and cats. She had attended fund raising and breed education events for the rescue on many occasions (more than 10 times) where she was greeted and handled by numerous people.

At an event several weeks ago she bit a woman who was petting her. The woman was not doing anything out of the ordinary and was gentle and friendly. The dog gave absolutely no type of growl, grimace or warning. The woman received a single puncture wound on the upper outer arm and bruising. I was completely horrified, apologized profusely, provided contact info for myself and the rescue organization and my dog's vaccination record. She was driven immediately by her friend to receive medical care. I was moved to tears when she expressed concern for the welfare of the dog and fear that she would "get in trouble." The wound was treated at the hospital where she received a single stitch for the puncture that penetrated skin into fat tissue and antibiotics. Per our conservation later that day she again expressed her concern that "nothing bad happen to the dog." She also told me she had tendered her personal health insurance and would let me know if anything wasn't covered.

I sent an apologetic email to her the next day and told her to feel free to contact me at any time. My dog completed her mandatory in home quarantine and vet visits to rule out rabies even though her shots were up to date. I was planning to check back in with her to see how she was feeling next week after my dog finished her obedience classes. This week I got an email indicating "my wound is not healing " and she was beginning two weeks of Physical therapy and would likely need an MRI and an ortho consult. She asked me to let her know "how do you want to handle this?" I tried to call, got no answer and sent an email asking her to call me to discuss. The rescue organization has informed me that this is all on me because I adopted and took custody of the dog even though we were there for a rescue sponsored event.

I am terrified now because I discovered way too late that my home insurance cap for personal liability is pitifully low. Most painfully I am understanding that reporting this to my insurance is a de facto death sentence for my dog. If the insurance isn't cancelled minimally they will require a "bite history" dog to be removed from my home. Re-homing opportunities for a large dog with a "bite-history" are virtually nil.

I desperately want to do what is right for the woman who was bitten. I would also like to save my dog who has not shown any further aggression although I am obviously not allowing her access to non family members without muzzle. I sincerely apologize for the length of this but was not able to edit much. Any advice? My ultimate fear is obviously losing my home (almost negligible equity) and future earnings.I am not in great or even good financial shape as I barely escaped bankruptcy due to uncovered personal medical bills I am still paying off.

Slip and fall injury.

jowey styxx — Sun, 18 Jul 2010 11:53:42 GMT

A friend was in a hospital being treated for a reaction to prescription medication. During the treatment they slipped and fell breaking their ankle. The last thing that was wanted was to depend on the legal profession for a solution again, the last injury issue attorney had stolen settlements and the damaged case discarded.

When local attorneys are contacted they reply with excuses, such as what was on the floor or hospital has a legal staff and would be hard to win and lastly money. The friend did not notice anything on the floor, water could have been on it since my friend had observed them being cleaned earlier.

I had visited the institution and had issues with the floor myself, I had to get to something behind a door and they had a rubber door jam, the door jam kept slipping, effectively locking me in the room, I had to be let out as the door locked me in. At the time I thought it was funny, trying to make my friend laugh as they let me out of the room I commented that they keep the floors real clean. The floor was slippery and the facilities had patients with all types of shoes visiting.

There are additional issues with the medication, as my friend has been in the facilities multiple times as a result of problems with medication provided for anxiety, bipolar condition and depression.

One attempts to hire attorneys for solutions, not excuses or to be sold on competent counsel only to have them "prey" on their clients resources. One expects retained counsel to be knowledgeable of the theater and weave available material into a competent representation. One also expects the counsel to be competent enough to win the conflict.

As I stated before the last thing we needed was to have to deal in this theater again. The broken ankle does not help my friends mental condition either.

Chemical Burn while in the hospital.

Jeremy T — Mon, 26 Jul 2010 18:49:14 GMT

My mother recently had an opperation and while she was in her room after the surgery her IV started to leak and had a chemical reaction with the glue that is on the tape. This resulted in 2nd degree chemical burns on her arm. Is there any way to hold the hospital liable for this? Or if you cant answer that here could you point me in the direction of who she would need to talk with about this. Thank you.

Hurt on the Job

Drmikestyle — Mon, 26 Jul 2010 12:15:27 GMT

I was at work using a hot water pressure washer, when something went wrong! I was wearing gloves, goggles and hearing protection that was provided and went to disconect a hose. Hot water shot out, melted through the glove and caused 2nd degree burns on my hand.

No formal training was provided and clearly the protection equiptment provided was not adequite.

Do i have a case for pain and suffering?

(I went to the ER right away and have all documention)

Police Helicopter

CoolBreeze — Sun, 18 Jul 2010 22:29:36 GMT

If someone has a problem with police helicopters flying over their home at night, and the police are using radar to read that persons mind while they are sleeping, is there any legal action that this person can pursue?

Psychological Harassment

CoolBreeze — Sat, 17 Jul 2010 21:42:32 GMT

If someone has been subjected to psychological harassment, and this has inflicted psychological trauma resulting in delayed-onset post-traumatic stress, is there any legal recourse?

False accusations lead to heart attack

NCOA5518 — Mon, 19 Jul 2010 12:03:07 GMT

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My name is Orlando Irizarry, SFC with the US Army for the last 19 years. On May 2010 I and my family decided to take a little vacation in Dallas. We decided to go to the Marriott Quorum hotel in Addison, which because of our past experience as a family and also as a Contract Review Officer for the Army in which hotel we had a family readiness program convention with all the family members of soldiers who are deployed in Afghanistan. We checked in on May 28^th by being guess of a current Marriott Employee, who faxed the required documentation to the lobby counter. We requested that a refrigerator and microwave be sent to our room ASAP due to our baby. It took about 5 hours and multiple calls to finally get what was promised. One of the Managers on Duty so understood that she even gave us a complementary breakfast for my entire family. Around midnight of May 30^th the invoice/bill was sent underneath our door. My wife did open the bill and noticed that there were phone calls charged that were not made by us. At that moment my wife called the front desk to dispute the charges. Billy Williams, Manager on Duty after arguing with my wife over two phone calls worth less that $2 dollars did accused me and my wife of taking advantage of the hotel by asking for free stuff, free meals, calling the front desk to place false complaints. Mr. Williams also had the audacity of calling our friend’s supervisor to tell him that we were an inconvenience to the Addison hotel. I went to bed humiliated, ashamed and disgusted by the way that we were identify, targeted and accused. Few hours later I woke up with my heart racing. Around 0600 we called the front desk to request an EMT to check my heart. EMTs from the Addison Fire Department came in to our room at which time an EKG was performed at which time I was having an Atrial Fribulation. My heart was beating around bits per minute. Right in front of my entire family I was transported by the Addison Fire Department to the Baylor Plano Heart Hospital at which time I was placed in ICU. When I called my wife from ICU she told me that she felt helpless by not knowing anyone in Dallas, by also having to care of our three girls, age range from 12 to 1 year old and not knowing the area. I asker if the hotel provided any assistant to mitigate the suffering. Her answer was no, no one called from the hotel to render any assistant while I was in ICU. As a matter of fact the day time manager did acknowledge to my wife that the fact that Mr. Billy Williams called our sponsor’s friend’s supervisor to complaint against us was inappropriate at which time she did apologized for it. Because of not having anyone in Dallas to care for my wife and three girls she was forced to extend her stay for one more night with almost no money to pay for just because she did not know anything about Dallas nether the hotel provided any help. I was given anxiety medication while in ICU just to cope with my family situation at the Marriott. This is a hotel that does have a complementary shuttle service to take any west 360 degree around the hotel to any park, restaurant or other amenities but not even offered to my wife to be with me at the hospital. The following day, May 30^th I was discharged from the Hospital at which time a friend came in all the way from Austin just to pick me up to go back to the hotel to check out. When I crossed that lobby I felt humiliated and ashamed by the way we were mistreated and humiliated. May be the fact that we are Hispanics may have been a factor, but we are all US Citizens by birth and army career with 19 years of service.

Today my wife called the hotel again to gather some names in order to get all the information for a legal review by the Texas Bar Association. Linn the Manager on Duty was amazed with all the things that happened through the process. I have been on convalescent leave since the day that I left the hotel on May 30^th until tomorrow when I am having a heart ablation to see what kind of damage was caused by the incident in May. I have been under blood thinner ever since and facing a possible medical discharge by the Army. While on the phone with Linn I was transferred to Mr. Russell from the Lost Prevention Department to make an official report. The way that Mr. Russell talked to me and my wife was the way that a criminal investigator talks to a suspect/subject. She was arrogant, mean, challenging and rude to a point when he told me that he did not have time for me. That is the kind of typical behavior and customer service expected by the Marriott Quorum Addison hotel employees. I am an ex Military Police Investigator with plenty of investigative background and the way that we were treated by the lost prevention employee at the Marriott Quorum was the same way that Q & A was the same way that suspects and subjects are subject under.

On 16^th July 2010 I was admitted at the ST. David’s Medical Center in Austin TX where I got heart surgery which took about five hours to repair electrical abnormalities around my heart. I have an 8 week recovery and placed on convalescent leave until July 26^th. I have to take blood thinner for the next 6 months and monitor my heart rate every week. Based upon my cardiologist findings it has been determined that stress could be a trigger for the last incident that took place at the Marriot Quorum by the Galleria. No coronary disease was found that could trigger the last attack. My three days stay at the hotel left a lifetime physical and emotional scar.

Criminal Damage to My Car

MRS. Z — Wed, 14 Jul 2010 05:12:18 GMT

Does any know if there is any where that i can write or call about a car being bombed. My car was sitting outside my home, and someone thru something into it that was lit with fire and destroyed my car. I was told there is a place to go to that I may be able to get some kind of reimbursement from the states attorney office. Is this true or what???

Personal injury claim and motorcycles

George Smith — Mon, 28 Jun 2010 18:13:07 GMT

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What is the name of your state (only U.S. law)? Colorado

What are the laws concerning riding a motorcycle while you have a current personal injury claim of back pain. Even if both riding and driving is bothersome, and riding provides more "mental" comfort, can it be said that there is no injury or that this person is committing fraud? Even though the claim is real?

NC: Defamation case for libel via Email

SheBarb2006 — Sat, 10 Jul 2010 18:26:48 GMT

First, what I read about defamatory email is copied at the bottom. I'm contemplating pursuing legal action since a 3rd party wrote an email about me to my director. Fact: The info in the email is false. Damage: The info will injure my reputation and deter the organization from hiring me for permanent employment or from future volunteer assignments because the email becomes part of my personnel record.

Here's what happened and please advise me if I have a case. Thank you!

(1) I volunteered at an assisted living place. I am no longer there since I returned to grad school FT and work PT.
(2) At the assisted living place, I reported to 2 people, a Director and an Exec Director.
(3) One day, there was a male guest speaker who was hired by both the Dir and Exec Dir to speak for 2 hrs to the elderly folks on a book that was written about him. (4) At the end, the guest speaker approached me and asked me for my contact card because he wanted to stay in touch with me. I was the youngest person in the audience who was sitting with the elderly folks. (5) I gave him my contact card with my cell phone and email address.

(6) The next day, I receive a call from the speaker at 8:30am. I'm on my way out the door to go to school. He asks me over the phone, "Will you write me a letter of rec about my speaking engagement & email it to me so I can post it on my website?"
(7) I said, "I'm on my way out the door, you caught me at a bad time, I can't promise anything right now, let me think about it." He interrupted me, and kept talking and insisted that I stop everything and send it to him now so I wouldn't forget later. I said, "I am not on-line and nor do I carry a Blackberry, I'll will think about it, bye."
(8) That evening, I receive an email saying, "I was waiting for your email to include a few sentances about my speaking engagement at the independent living facility, and I am disappointed since I was expecting to receive it since you said you would sent it."

(9) Truth: I never promised anything, nor did I say I would email or call him.

(10) Feeling pressured & under NO obligation, I ignore the email.

(11) 2 weeks later, I get a call on my cell phone with a anonymous number. I pick it up and it's this speaker. He starts rattling rapid fire again on the phone. I'm on my way to a meeting so I'm startled. He didn't ask if I had time to talk. He says, "Where's that letter, I've never been treated this way before..." Listening I said, "I hear you...." (I made no comments, and listened to his desperation and persistence). Finally, I said, "I don't owe you anything, I don't even know you!"

(12) That very day, he emailed a letter to my Director where I volunteer(ed). He emailed me a copy of that email. It said something so horrible, that I filed it away and didn't read the rest.

* Issue: I no longer volunteer at the assisted living place bc I found a PT paying job while I go to school. I would like to return to this living facility (it's managed by a large Co. that is located in most states). After grad sch I would like to apply for an Asst Dir. position. I did learn that while I was volunteering there, that they do not hire nor allow a volunteer to remain if that person has a write up or an incident with anyone associated with the facility. This is a high priced facility and they are extremely picky on who they bring on board bc the residents pay approx $6k per month to live there.

* Fact: You can't buy your reputation. Nor can you control what other people say or email about you. The living facility has an unspoken policy that they will NOT hire anyone who has I mentioned above, has a write up or incident with anyone associated with the facility.

* The only thing I did do was leave a message on my Director's VM to let her know that I was "surprised and caught off guard with the phone call and email. This person became unglued with me on the phone because I did not respond to his demand to endorse in writing about his speaking engagement." I asked my Dir to call me and she never did.

* If you were my Director and you received this email about me, what would be the right thing to do?

HOW SHOULD I HANDLE THIS? And should the Director write something back to this man on my behalf and send me a copy so I can have it for my files. I want my name cleared.

I realize this site is for educational purposes only. So for that, thank you in advance for reading my post!

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Emails can be Defamatory

Can you be liable for a defamatory statement you made in an email? Yes you can.

Defamation is defined as communication to third parties of false statements about a person that injure the reputation of or deter others from associating with that person. Libel addresses the written version. Defamation is an abusive attack on a person's character or good name. If a person is harmed in any way by your statement(s), you can be held accountable in a court of law for your actions.

Defamation requires "publication." When you send a defamatory statement about another person to others than the one you are defaming, that constitutes publication. Any time an email is sent, it is considered a new publication. Every one who has a role in the publication of that email may be liable.

The person you send the email to may forward it on to others, who may do likewise. What you may think is a joke may very well be offensive to another person.

A lawsuit can be filed wherever the email was sent, received, or published.

Neighbor's Dog Bit 4 yo Son In Our Yard In Florida

WunderWhatNow — Sat, 03 Jul 2010 16:03:15 GMT

I Just had surgery and had my appendix removed a week and 2 days ago now and yesterday I had my 4 yo son help me take the garbage out because I am not supposed to lift over 5 lbs, I carried a smaller trash can with light recylables (plastic bottles) out side and he carried the trash bag I couldn't lift. When we got outside I looked in the neighbors yard and seen his pitbull which is normally tied to a line unsupervised or on the screened in back porch, He was standing there barking but I payed him no mind cause I thought it was leashed, Boy was I wrong no sooner than I emptied the small can and headed for the door I hear my Son screaming for dear life I turned my head to see the neighbors pitbull lock jawed on his right abdominal side, I immediately headed towards him with the small can in my right hand started beating the dog off and grabbed my Son up in my right arm (Which I'm not supposed to be doing after my surgery) and this dog kept visciously trying to attack my Son, after beating the dog with the trash bin it did a circle and as it was coming back I threw the trash can at it ( I missed) the dog lunged for my Son only to find my leg blocking the way so he bit my leg, I then Pushed the dog off and kicked him as hard as I could in the face and it ran off a bit and the owner finally came outta his house through his front door (cause he was inside not watching his dog) he grabbed the dog and seemingly put him away until 5 secs later got out once more trying to attack again before being wrangled by his owner and then at last being put in the house.

No my kids Never antagonize that dog, nor go near it, My kids stay in the house all the time and never go outside or anywhere unsupervized. When my kids are outside in our back yard the Neighbors dog lunges at the screen door, and has been known to get loose several times before (Breaking through the screen)

The dog is always on the back porch barking and snarling all day and night seemingly at nothing, It poops and pee's all over the porch for weeks on end before it is cleaned up , the dog never goes for walks, and does not get played with, and we find out from animal control it does not have it's shots either including the Rabies vaccine. The dog's name is kimbo slice, and the owner of the duplex that the neighbor is renting from does not have insurance on that duplex covering pit bulls so the dog should not be there to begin with right?

Right now the dog is in quarintine inside the neighbors house for 10 days to make sure it don't have rabies but at this point unless he hands the dog over to Animal control he's allowed to keep it after the 10 days and I and Mom want the dog Dead and Gone! ( Understandable right?)

I want to know what legal actions to take. Should I press charges if I plan to sue? I would rather speak personally with someone on this matter but will respond to messages too.

asbestos exposure and mesothelioma

italnstallion99 — Mon, 22 Mar 2010 20:53:54 GMT

I am hoping to get some help and or advice on this issue. My grandfather worked for several companies during his lifetime and was exposed to asbestos. He was diagnosised with a server case and passed away in 1994 from asbestos and mesothelomia.

A few months before my grandfather passed away, my cousin came to the family and said he knew of someone's father who had the same disease, and after he passed away they got a lot of money due to their death.

My grandfather agreed to do this. So my cousin found a lawyer back in 94 who handled these types of cases. From what I was told he had a friend who he played golf with that worked from this firm. My cousin took my grandfather to the attorney and he had to list all the companies he worked for through his lifetime, answer several questions, in addition to being video taped. This was an all day event for my grandather. Honestly my mother told my grandfather not to do this, but he told my mother if it brought anything to us after he was gone, he would do it.

The agreement was structred that each party would get 1/3 of whatever came in. The attorney, My Cousin, Uncle and My Mother. Before my grandfather passed away he changed his will and made my mother the executrix of his esate.

Up to now my mother has only received about 50K total from what came in. For some reason all the orginal documents from the lawyer were mailed to my cousin. This was all supposed to go to my mother since she is the executirx. My mother called the law firm to have this changed, and it was corrected for a short while, but then reverted back to my cousin.

We belive this is what happened. The attorney would get paid from the compaies he sued on behalf of my grandfather, and would then send a check to my cousins address made out to my cousin.(In reality it should have been send to my mother). My cousin would then send a copy of what the lawyer sent to him, to my mother along with his personal check to my mother. We beleive my cousin sent my mother a bogus copy of what came in.

Anyhow fast foward to where we are today. My mother and I strongly believe my cousin and uncle have been embezzling money from her since they have a connection in that law firm. These types of lawsuits typical pay out a lot more than what my mother received. The issue my mother has is that the firm that has handled this lawsuit for my grandfather is a rather large firm and attorneys are scared to go after them b/c of the size of the firm. No one wants to go after another attorney. One lawyer told my mother that they could put them out of business.

We also need to find out what came into the estate. We have a list of every single company my grandfather worked for, so in reality we could contact them by ourseleves to see if anything was paid and go from there. However maybe attorneys have an easier way of doing it.

My cousin and uncle could have put this money under anyones name. We have been told that they cannot hide a paper trail, but the first step we need to take is to find out what was paid to the lawyer. The other issue we have is my cousin is wealthy and could easily pay somoene off. This is the reason my mom thinks she is having a hard time with this. One lawyer told my mother that my cousin is a shady character and since he has some wealth he could tie this up in court for a few years before it goes anywhere. Also he would rather eat up the entire estate then let my mother have her share.

We also need to make sure that these companies did not go bankrupt before anything was paid out. Also I heard something to the effect of a senate bill that would wipe out the asbestos fund plus a class action lawsuit.

One last thing. My mom did pay a visit to the firm who has been handling my grandfathers asbestos case and when she asked for files the person who was helping her was shaking and was very nervous. This makes her think that the lawyer is also involved since my cousin knew someone in there. The other thing is my cousin could have changed any documents or dollar amounts sent from the lawyer and sent them to my mother to sign. He did this for someone once, and that is what she is afraid he did.

If anyone could throw some advice on how to puruse this it would be great. We want to get moving on this but there is information we need before we start

Personal Injury in the Dominican Republic

CorineP — Mon, 28 Jun 2010 15:52:41 GMT

There is a case of two people in the Dominican Republic were they were parsailing in a resort, got injuried. There cases are being treated as one in a amount do not want to disclose. But what should they be excepting and it sit normal for an attorney to treat the case as one in that country? Also one person just got soft tissue injury and the other has a shoulder injury. Thank you

Personal injury lawyer in NC

ronaldobrown — Mon, 28 Jun 2010 13:58:19 GMT

Does anyone know of a good personal injury Lawyer in North Carolina? I was hoping I could just deal with the Insurance Company, but they have been nothing but rude and not at all helpful with my case.