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akulamasusu

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  1. Upvote
    akulamasusu reacted to doucar in Can I force hospital to pay if I became sick because of their negligence?   
    is there a way to make this hospital pay any medical bills related to my treatment without taking them to court? No way to force them.
  2. Upvote
    akulamasusu reacted to LegalwriterOne in Right to die law   
    Missouri allows for the terminally ill to terminate their artificial nutrition and hydration, so long as the wish to end their treatment is proven with “clear” and “convincing” evidence outlined in the case of Cruzan v. Director, Missouri Department of Health 497 U.S. 261 (1990).  Absent a medical directive, the doctor can legally refuse.  If the family wants to push it, they will have to seek a court order to have life support terminated.  I'd suggest they consult local counsel. 
  3. Upvote
    akulamasusu reacted to doucar in What do I do when the SJ PD stops my daughter from visiting Grandpa in ICU?   
    That's an easy question to answer.  Until you get this resolved, she goes home or goes to jail.
  4. Upvote
    akulamasusu reacted to RetiredinVA in Chapter 13 law   
    Bankruptcy includes everything you own and everything you owe.  Simple isn't it..  I would strongly advise you to get a lawyer.  The elements you mentioned, i.e. commercial realty, trust fund taxes, and a commercial mortgage are going to necessitate legal help.
  5. Upvote
    akulamasusu reacted to RetiredinVA in Bankruptcy   
    If you are a creditor and have actually knowledge of the bankruptcy, your only recourse, except for unusual debts, is to file a proof of claim and hope there is some payout.  The debtor can always amend his or her schedule to include your claim. 
  6. Upvote
    akulamasusu reacted to pg1067 in Can I file a Class Action suit against Amazon.com   
    Anyone can sue anyone for anything.  You can file a lawsuit and seek certification as a class action.  Whether doing that would be in your best interests is not really apparent from you post, but it probably isn't.  In any event, you would need to find an attorney willing to pursue the matter on a class action basis.  You'd also have to overcome the provision(s) that I assume exist in this retailer's terms of service (terms to which you agreed when you created an account there) that probably preclude this sort of action.
     
     
     
    I'm curious why you're "sure" of this, and my curiosity stems from the fact that you apparently don't even know the correct word (it's "injunction," not "junction").  To be frank, it seems to me that all your complaints fall into the category of customer service, and there is no legal recourse (injunctive or otherwise) simply because you're not happy with the customer service.
     
     
     
    Maybe so, but the facts of their cases will be completely different from yours, and that probably makes class action treatment inappropriate.
     
     
     
    That you had to spend time dealing with a customer service issue is not something that gives rise to a legal claim.
     
     
     
    Sure.  Shop elsewhere.
  7. Upvote
    akulamasusu reacted to adjusterjack in What constitutes "transacting business" in Iowa?   
    Your hiring of an employee is transacting business. You will need to have any state required workers compensation, contribute to UI, withhold FICA, fed and state taxes, probably collect sales tax for anything shipped within Iowa, and have proper liability insurance for your products.
     
    Yes, you WILL be transacting business in Iowa. No question about it.
     
    If you don't believe me I suggest you hire an attorney and a tax pro in Iowa to advise you.
  8. Upvote
    akulamasusu reacted to IP_Counsel in oral contract   
    A contract is a contract. Since you claim it doesn't exist anymore, I am not sure why you don't ask the client for a copy. 
     
    Assuming you don't want to do business with them anymore, that is your decision. But they can then decide if they want to enforce the contract against you.
  9. Upvote
    akulamasusu reacted to RetiredinVA in Therapitic malpractice   
    To prove that your therapist was guilty of malpractice you would have to prove that the fact that she continued to take lessons from an individual you accused of battery somehow affected your treatment.  Clearly, your discovery of the continuing interactions between your therapist and the yoga teacher has ruined your relationship with the therapist, but how would you prove your treatments would have been different if the therapist did not continue to take lessons from the yoga instructor?  To put it another way, if you never discovered the relationship between the therapist and yoga teacher would you feel your treatment did not meet the standard of care due you from therapist.
     
    Your complaint amounts to a reaction to what you perceive is a breach of trust.  You obviously had developed a deep emotional attachment to your therapist.  Discovering that she had violated that trust has, of course, caused you great trauma.  But violating that trust does not prove that you were not receiving competent counselling services up to the point you discovered the breach of trust.
     
    So, it does not sound as if you have a viable malpractice case.  It is also questionable as to whether a licensing board would find the continuing relationship between the therapist and the yoga teacher an ethical violation.  Patients generally do not have the right to regulate the behavior of their health care providers outside the professional reĺationship.  I would point out also that you have alleged an improper battery by the yoga teacher but the allegation has never been factually proven.
  10. Upvote
    akulamasusu reacted to RetiredinVA in Who's at fault?   
    Certainly you can argue with you claims rep that the other driver hit a door that was already open and that your opening the door could not have scraped the other car unless it was in motion.  However, if the agent decides to pay the claim anyway there is nothing you can do about it.
  11. Upvote
    akulamasusu reacted to knort4 in financial fraud of family member   
    What is your father's mental competency?  Does he have her telephone number?  Did he pay her by cash or by check?  How do you expect to file charges against someone when you don't even know her name?
     
    Get his mental competency tested or perhaps consider getting a conservatorship to put someone else in charge of his finances if he can't do it himself, or else it will continue to happen.
     
    When and if you do find out her name, get a background check done on her to find out what her criminal history is.
  12. Upvote
    akulamasusu reacted to doucar in Stolen money   
    First of all, this is not stolen money, it is a breach of contract and if you report it to the police, they will tell you it is a civil matter. Take him to small claims court and you can both tell your side of the story and the judge will decide.
  13. Upvote
    akulamasusu reacted to doucar in Health Insurer wants me to pay for injured party's bills   
    The $2000.00 is not liability insurance, but what is commonly MED PAY, also common in auto insurance.  It will pay that amount regardless of fault.  If you are sued, then the liability insurance will kick in to defend you, and pay out any judgment award.  It looks like his insurance company is looking for help reimbursing for costs without determing fault and that is partially what the 2000 provision is for.
  14. Upvote
    akulamasusu reacted to adjusterjack in injured by contractor while walking down the sidewalk   
    So?
     
    When did it happen and what have you done about it so far?
     
    Your honeymoon has nothing to do with anything.
     
    And you haven't asked a question.
  15. Upvote
    akulamasusu reacted to pg1067 in Need your suggestions please   
    No one can intelligently say there's no chance, but we also can't intelligently assess the merits of any claim without any relevant facts (other than your statement that you "lost [your] balance and" fell).
     
    That being said, whom do you think you might sue, and why do you think that person or entity is responsible for what happened to you?  You'll have to prove that whomever you sue was negligent and that his/her/its negligence caused you to fall.  Can you do that?
     
    The "resort" where this happened probably has insurance coverage that will pay up to a relatively small amount (e.g., $5k) for medical expenses, regardless of legal liability, so you might want to inquire about that.
  16. Upvote
    akulamasusu reacted to adjusterjack in Need your suggestions please   
    No.
     
    The resort is not liable for your loss of balance and subsequent injury.
     
    Though I'm sure that there are attorneys out there who will take your case on a contingency and rattle some cages in the hope of getting you some go-away money.
     
    Just don't county on anything happening anytime soon.
  17. Upvote
    akulamasusu reacted to adjusterjack in Dog Accident   
    No, she wasn't "technically" trespassing. She wasn't trespassing at all. Not according to the Arizona trespassing statutes 13-1502, 03 and 04. Read them at:
     
    http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=13
     
    And you'll see that her entry on to your property is not defined as trespassing by any of the trespassing statutes.
     
    Granted that she was neither a guest or an invitee but she wasn't a trespasser.
     
    Arizona has several laws regarding dog owner liability.
     
    11-1025. Liability for dog bites
    A. The owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness.
     
    She wasn't bitten, so that doesn't apply.
     
    11-1020. Dogs; liability
    Injury to any person or damage to any property by a dog while at large shall be the full responsibility of the dog owner or person or persons responsible for the dog when such damages were inflicted.
     
    Your defense to that was that the dog wasn't "at large."
     
    Anyway, I just wanted you to be aware of the statutes.
     
    I don't believe you have any liability under the statutes and also no liability under common law negligence because she assumed the risk by coming on to your property without your knowledge or consent.
     
    Unfortunately, even if you aren't liable you DO NOT want to mess with these people on your own. Immediately report this to your homeowners insurance company and let the experts handle your neighbors.
     
    Your policy requires you to do that and you could lose your insurance by not reporting. Worse, you can be left out in the cold by your insurance company if you get sued later and your failure to report prejudiced your insurance company's right to investigate. Hiring your own lawyer to defend you from a lawsuit could cost you many, many thousands of dollars even if you do prevail and you don't get that back.
  18. Upvote
    akulamasusu reacted to adjusterjack in I ate a popular candy tainted with blood-what do I do first?   
    Take a sample to a lab and have it analyzed.
     
    It could be anything and you have nowhere to go with this until you have documented what the substance is.
     
    Once you have that document, report the exposure to your doctor to see if there are any ill effects.
     
    If there aren't any ill effects you'll get a coupon for a free bag.
     
    If there are ill effects consult an attorney.
  19. Upvote
    akulamasusu reacted to RetiredinVA in Victims rights for murder victims families   
    If I understand your situation, your fiance was murdered by his son four years ago. You witnessed the murder.  Unfortunately, you were not related to the victim nor married to him.  Therefore, I doubt you have any claim for damages for wrongful death.  Also, the statute of limitations for personal injury in Maryland is three years so any claim you may have had has probably expired.  Your infant son may have a claim, however, since the victim was his father.   As a practical matter, however, I doubt any recovery would be worth anything.  How much money does the murderer have now or is reasonably expected to have in the foreseeable future?
  20. Upvote
    akulamasusu reacted to pg1067 in Seeking information on Waiver's?   
    Just FYI, when you put an "s" at the end of a word with an apostrophe, you are making the word possessive (e.g., teacher's pet; visitor's waiver) or creating a contraction (e.g., "she's got big balls").  If you want to make a noun plural, you just put an "s" or "es" at the end (unless it's an irregular noun like "ox" or "memorandum") without an apostrophe (e.g., "she's got big balls" is correct, while "she's got big ball's" isn't).
     
     
     
    It might be helpful to have a sentence or two that explains why thousands of people are taking tours of these properties.
     
     
     
    I understand that too.  In fact, your policy, as phrased, would result in violations of the 911 law.  It's illegal to call 911 in non-emergency situations.
     
     
     
    Sure you could.  But you could not legally force anyone to sign such a form.
     
     
     
    Contact an attorney.  For a business that manages properties where thousands of folks visit on a daily basis, there's absolutely no reason not to have a qualified professional deal with something like this.
  21. Upvote
    akulamasusu reacted to ElleMD in my 9 years old child got hit in school   
    I have many, many years of experience in the education field. I can say with a fair degree of certainty that you do not have a case against the school. They may have an insurance policy that covers the medical bills. That is rather common. If your child must regularly interact with this other child, I would be contacting the parents of this other child to discuss what is going on. It may also be worth meeting with the teacher/advisor/guidance counselor/administrator to see what might be offered as far as peer mediation or conflict resolution between the students. Most schools have some kind of program in place to teach children to manage interpersonal conflict.  Your child might also be able to work with a guidance counselor one on one to deal with his fears.
  22. Upvote
    akulamasusu reacted to FindLaw_RE in Baltimore City > hate crime > sucker punch > permanent eye damage   
    Hi @PlainlySecret
    Welcome to the community and thanks for posting. So sorry to hear about the attack against you and all that you have endured. If the police locate a suspect you can likely initiate a civil action against that person. In the meantime, you may want to speak with a worker's compensation attorney just be totally aware of your right since you were injured while attending a work training. It may be possible that worker's compensation might pay for your out-of-pocket expenses and lost wages. You can also speak with a civil attorney about initiating a lawsuit against Baltimore who can advise you about the likelihood of succeeding in a claim against the city.
    Best of luck with your case and keep us posted!
    The FindLaw.com Team
  23. Upvote
    akulamasusu reacted to LegalwriterOne in California Divorce (Sacramento county)   
    The divorce isn't final and the marriage isn't terminated until the judgment is entered which can be no sooner than 6 months from the date of the filing of the petition.  Family Code 2339 and 2340.  Marrying another person when you are already married is bigamy, a misdemeanor carrying a sentence of up to one year in jail and a $10,000 fine.  Penal Code 281-283.  Cops have to have their department's permission to work for another employer.  That is standard policy in every department. 
  24. Upvote
    akulamasusu reacted to LegalwriterOne in practice medicine no licence   
    That's not practicing medicine without a license.  That's proper nursing care when a trained nurse sees a doctor's order that is questionable or not clear.  Although the charge nurse should have made the call to the MD, or made sure the call was made to the doctor immediately by the other nurse, it still sounds like 1) the patient complained and the hospital is trying to cover their own behind or 2) they're looking for a reason to get rid of that nurse.
  25. Upvote
    akulamasusu reacted to RetiredinVA in NY Law - splitting property and salary   
    You have an interesting way of looking at things. To be clear, income is money you receive. Expense is money you spend. Debt is money you owe. Assets are things you own. So, you have income, even though you need to spend it to pay debts or for upkeep of your property. Also, if you "retired" at 52 or before, but could go back to the same work, you are voluntarily unemployed and a divorce court could impute income to you.
    Whether you can receive support from your wife and how much of your assets your wife may be entitled to are questions that can only be answered by a local domestic attorney who can go over the financial situation of you and your wife in detail.
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