This is in California. The person I am wondering if I can record was not the direct abuser, but I believe they might have further knowledge of this child sexual abuse.
answered on May 31, 2023
California is a two party consent state where there is a reasonable expectation of privacy. Whether someone has a reasonable expectation of privacy may depend on where the conversation occurs and/or whether other persons can overhear the discussion. For example, if the other party knows that you... Read more »
Of Infinity policy holder declaration, max award is 15K. Infinity trying to keep 2700 USD of the 15K stating they are going to pay the lien at the hospital ER. I refused the settlement offer of less than 15K and wish to continue onto trial I told them. Infinity motion for protective order recently... Read more »
answered on May 16, 2023
If you are in California, the hospital has a lien on the recovery for emergency room services pursuant to Civil Code 3045.1-3045.6. The insurer has to withhold that money to protect the lien, or it could be liable to the hospital, in addition to the policy limit if you don't pay, which is... Read more »
Fell of and caused me to crash and injured my back and neck. Do I have a case?
answered on May 4, 2023
Sounds like it could be a good case. You will need to save the wheel and have the car inspected by a certified mechanic to determine the cause of the failure. For a personal injury case, you also need real injuries with medical care. An attorney can help you to find medical care if you need... Read more »
My accident was 8 months ago I have a lawyer that took my case ,
And a case worker and I have never spoke to one of them I have left email , messages with there answering service txt messages and not one have I got a reply
answered on Apr 29, 2023
No one can estimate what your case is "worth" without any information. If you are not satisfied with your current attorney, you can change attorneys. It's a good idea to talk to other attorneys first to see if they are interested in taking over before you fire the current one. You... Read more »
We had to be referred to an outside (of our network) neurologist to get a diagnosis of spinal cord compression that required immediate surgery. Patient now has long term mobility issues and minimal chance for full recovery. Can the original Neurologist be held liable for medical malpractice for... Read more »
answered on Apr 24, 2023
That is potentially medical malpractice. The radiology studies and medical records will need to be reviewed by an expert neurosurgeon/neurologist. Sending an Intent to Sue letter will not "force" anyone to give you a settlement offer. Your case is very likely to go to trial unless the... Read more »
If a call originates in a one party consent state, but the recipient is in a two party consent state, and the call is recorded. which state's law prevails?
answered on Apr 17, 2023
No one can answer that with accuracy. The judge of the state in which a lawsuit is filed will decide. Factors may include from which state the call originated, whether either or both parties are residents of the state from which the call originated, or have sufficient contacts with that state,... Read more »
again this from the first post that i created.. i got a citation and what i said got it in writing.. but i never gotten what the other driver said.. is there any way to get it.. or it will be presented in court. i have a dash cam footage that shows the other driver ran the red during a turn i was... Read more »
answered on Mar 27, 2023
If you had liability insurance, you should notify it of a claim against you. Your liability insurer will hire an attorney to defend you.
If you don't have liability insurance, you will have to hire your own attorney, or defend yourself.
Whether you should voluntarily provide... Read more »
the light turn red but from point of view it was yellow.. and person driving the opposite side hits the person that was turning.. there is camera footage from another driver that was turning on the same street.. on the street that he turned into the light turn green.. looks like the guy was... Read more »
answered on Mar 25, 2023
If the light turned red, it's supposed to appear red from every point of view. After that, it is impossible to figure out what happened from your post. If the traffic lights are out of phase, the city might be at fault. A Government Tort Claim has to be filed within 6 months of the... Read more »
My right to a jury trial? Never served the complaint.
“My case didn’t have valur without reverse rotator cuff replacement surgery yet.” The impact loosened my bridge. Dental work had to be done first. $17,000 and dentist extracted all my upper teeth he never created a functioning... Read more »
answered on Mar 22, 2023
Jury trials can be demanded 10 days before the Case Management Conference, which apparently hasn't happened yet since the complaint hasn't been served.
The conditions you describe sound like ordinary negligence, not deserving of punitive damages. This is heavily fact dependent,... Read more »
In 1988, while in LA County custody, my patient was violently assaulted by a corrections deputy, leaving him crippled to this day. He's been incarcerated until his recent release into our program (in Palm Desert), and was blatantly discouraged by prison staff to not pursue legal action during... Read more »
answered on Mar 21, 2023
That was 35 years ago. Normally, the statute of limitations would have expired long ago. However, under Code of Civil Procedure section 352.1 (the version in existence in 1988), the statute of limitations is tolled during the period of incarceration. However, the 1994 amendment to 352.1, which... Read more »
My mother passed away a few days ago. The in home health service failed to identify and correctly treat a pressure ulcer on my mother's bottom.
Stage 4. 5 inches in diameter.
Completely avoidable.
answered on Mar 17, 2023
You can talk to the the licensing agency for the State of California. It regulates and disciplines companies and individuals in the home health care industry. cdss.ca.gov/inforesources/ccld-complaint-hotline
You can speak to an attorney who is familiar with medical malpractice and Elder... Read more »
Can I get in trouble for being out too long even if I have a doctors note and let my leadership know?
answered on Mar 6, 2023
You should confer with your commanding officer and or the Legal Office, or a military law specialist. It sounds like you need a "Line of Duty" determination. An LOD determination may impact disability retirement and severance pay, forfeiture of pay, extension of enlistment, and veteran... Read more »
Home health care sitting. Employees spand 95% of the time sitting to monitor clients while they're sleep.
answered on Mar 4, 2023
Industrial Welfare Commission Wage Order 2-2001 (pertaining to the Personal Services Industry) provides that
14.SEATS
(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.
(B) When employees are not... Read more »
Personal injury lawyer never served complaint after filing it and summons. Complaint did not outline my case, my injuries or defendants negligence.
On (date): July 19, 2019 plaintiff was injured on the following premises in the following.
Prem.L-4.
fashion (description... Read more »
answered on Feb 20, 2023
The fee is whatever the retainer agreement specifies. Changing attorneys won't alter that. Your original attorney will have a strong claim to almost the entire fee charged by your new attorney because the original attorney negotiated the settlement amount. You probably won't be able... Read more »
I got into accident his fault but vehicle not registered to me and np insurance.. he has AAA insurance. They admit fault. What can I do
answered on Feb 20, 2023
If you were uninsured, you can recover your medical expenses, property damage, and loss of income, past and future. I would add that your own lack of insurance does not necessarily mean you were uninsured. If the owner of the motorcycle carried insurance, and you were using the motorcycle with... Read more »
my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I... Read more »
answered on Feb 13, 2023
If you have been injured due to medical negligence, contact a medical malpractice insurer. If you have been given a used prosthetic after Medi-Cal paid for a new one, your doctor might be guilty of insurance fraud. In that case, you might want to contact Medi-Cal or the police, and then an... Read more »
I am 16 years old and I lied about my age to a 43 year old he picked me up one night and I drugged him and raped him now I'm pregnant and he doesn't know
answered on Feb 6, 2023
Sounds like homework.
If this is a real problem, you are facing criminal charges in the juvenile system. You are also facing CPS involvement once your child is born given your potential convictions for rape and distribution of narcotics. Sounds like you would also test positive, and your... Read more »
Crashed a company vehicle and at the time I had worked over the years. Nearly 8 thousand hours. Nearly 50k has been payed for my health and welfare. From 2015-2018. These years I wasn't even covered. I have evidence of all this with documents. It's crazy to me that my credit has been... Read more »
answered on Jan 30, 2023
Unclear what you are asking about. If you were in a company vehicle, the company's auto insurance should have applied, including Medical Payments and Uninsured/Underinsured Motorist coverage (if the collision was the fault of another party). If you are asking about medical coverage, it would... Read more »
My lawsuit settled in August 2021 the law firm that represented me only give me half of my settlement and said that Medicare was owed the other half. But never showed me proof of this and I've been asking since for some sort of proof that Medicare stepped in and took half the funds. Is there... Read more »
answered on Jan 25, 2023
The attorney is supposed to account for all funds and report to you.
California Rule of Professional Conduct 1.15 (calbar.ca.gov/Portals/0/documents/rules/Rule_1.15.pdf):
"(d) A lawyer shall:
(1) absent good cause, notify a client or other person* no later than 14... Read more »
Once I agree to the confirmation of the demand, how long do I have to confirm that I will accept it and recieve payment?
answered on Jan 24, 2023
If you made a demand, and the defendant agreed to it, you don't get to decide whether you will live up to your demand. Unless your offer expired, or the defendant tried to impose new and different conditions, the contract has been made.
After you made the offer, and the defendant... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
