Hogan Injury > Articles by: Patrick Hogan

Injured and Retaliated: The Workers’ Compensation Law

By | November 15th, 2013

QUESTION: Can my employer fire me if I file a personal injury claim for negligence against my job? I already have a Worker’s Compensation lawyer. ANSWER: Ordinarily, an employee’s rights against his or her employer for on-the-job injuries lie solely under the workers’ compensation law—i.e., when the “conditions of compensation” are present, the employer is immune from civil damages liability because workers’ compensation is the injured employee’s “exclusive remedy. Workers’ compensation is basically a “no fault” system of redress for work-related injuries—i.e., benefits are paid to injured employees without proof.

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Incorrect Diagnosis Leading to Wrongful Death

By | November 12th, 2013

QUESTION: My wife died from a virus that doctors believe was caused by an infusion type drug for lupus. After an incorrect diagnosis of Lupus Cerebritus specialists diagnosed her as having the JC virus which caused PML in her brain. She passed away about 3 weeks after this diagnosis. The specialists believe that the virus was caused by the drug Ben-Lysta which was prescribed to her for control of her lupus symptoms. I am not sure if this would fall under "failure to diagnose", "bad drug", or "wrongful death". Do.

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Insurance Claim for Injuries Due to Malfunctioning Facility

By | November 12th, 2013

QUESTION: My mother got hurt on her right arm and right leg in a local hospital caused by a malfunctioning elevator. She went the same hospital for a check-up but was still being charged for her visit even though she informed them that such incident occurred within the hospital premises. She could not sleep at night and is in pain to the point wherein she even got a fever. Do I have a case? ANSWER: A hospital’s professional duty is “primarily to provide a safe environment within which diagnosis, treatment,.

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Sexual Battery Claims Against a Medical Professional

By | November 12th, 2013

QUESTION: I was sent to see a pain doctor. He came into the exam room and told me I had to sit next to him. I didn’t want to but he insisted. During his questioning, he repeatedly put his hand on my leg. I dismissed it thinking he was just a touchy person, but later after he said he couldn’t treat me and I was about to leave he said he needed to listen to my heart. So I sat down again and he put the scope down my top.

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Knowing Your Options in a Car Accident Personal Injury Claim

By | November 12th, 2013

QUESTION: Last night I was getting off the freeway ramp and realized that the car in front of me decides to slow all the way to about 10mph. I decided to get into the other lane, drive up, and safely get back to the original lane I needed to get into. I asked the passenger what he was doing, and she told me that he was full on texting while driving. I stopped at the stop light ahead, and 5 minutes later I feel a ram into my car and.

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The Know-How of Potential Lawsuit Involving Auto Accident

By | November 12th, 2013

QUESTION: There is a potential lawsuit involving an auto accident. The other side claims he had 10 fractured ribs on the left, fractured left shoulder, right leg behind the knee injury. His attorney said his medical bill was over $400,000. I don’t think it is out of pocket expense. He is 74 years old and should be covered under Medicare and possibly private medical insurance. How do you determine the damage they can go after? Is it non reimbursed bill he paid out of pocket or it can be reimbursed.

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Your Options for Legal Assistance that You Cannot Afford

By | November 12th, 2013

QUESTION: On August 9, 2012, I had been a passenger in my friend’s car wherein we were rear-ended. I am 46 years old. The other driver said it was her fault 100%. My friend’s lawyer filed a claim and found out the person only has 15/30. My friend’s car was totaled which they paid for. I have not got a lawyer because I am still seeing an Orthopedic Surgeon and have to get a facet block and then possibly surgery because I can’t stand for long, legs go out on.

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Public Interest and Your Presumed Role as a Public Figure

By | November 3rd, 2013

QUESTION: I am taking a person to small claims court for defamation. She has made some very serious and provably false claims about my conduct as the immediate past treasurer of a small political club (less than 200 members). One of her buddies, who also happens to be a local (estate planning) attorney, has trumpeted her likely defense strategy in an email to me and others. He made reference to "malice," "innocent communication" (by which I think he actually meant "innocent misrepresentation"), and "the public interest," all of which suggests.

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Post-Accident Know-How: Insurance Coverage and Policy Limits

By | November 2nd, 2013

QUESTION: I am looking for a large law firm specialist and professional in automobile accident to handle my both car accident cases must be from out of state. On December 15, 2011, an electricity heavy duty Ford white truck hit my car which almost got me killed. On July 18, 2013 another car accident occurred when a gray Jaguar hit my Ford car 2002. The driver hit the road amidst the stop sign. Both the car owner and the driver do not carry a valid insurance coverage. I am under.

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On Disclosing Your Policy Limit in Insurance Settlement

By | November 2nd, 2013

QUESTION: I was in a rear-ending accident in May 2012. The police officer at the scene reported that it was my fault. The officer advised me not to talk to the person in the other car that is why I did not know if they were hurt. I did not follow up with my insurance company for about 6 months. I got a letter last week from the other guys’ attorney asking for my policy limits. They are $100,00/300,000. Should I willingly give them my limits? I want to protect.

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