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Questions Answered by William John Light
5 Answers | Asked in Criminal Law, Personal Injury and Federal Crimes for California on
Q: Hi, am I legally allowed to record a conversation without the other party's consent if I am trying to prove child abuse?

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.

William John Light
William John Light
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 »

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3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: If California defendant auto PI case settles for full policy 15K. Normal practice plaintiff collects all of the money

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 »

William John Light
William John Light
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 »

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5 Answers | Asked in Consumer Law, Personal Injury and Car Accidents for California on
Q: So I got my car back from body / mechanic shop where they repaired my front left wheel. 1 week later the whole wheel

Fell of and caused me to crash and injured my back and neck. Do I have a case?

William John Light
William John Light
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 »

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5 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Hello so my question is, how can I find out the status of my case what's it worth ,

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

William John Light
William John Light
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 »

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4 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Is it Medical Malpractice if a Neurologist can't diagnose spinal cord compression? 14 months from onset to dx.

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 »

William John Light
William John Light
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 »

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2 Answers | Asked in Consumer Law and Criminal Law for California on
Q: How does two party consent work across states?

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?

William John Light
William John Light
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 »

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4 Answers | Asked in Traffic Tickets and Car Accidents for California on
Q: can a person bring in evidence way before the court date.. to prove who is at fault??

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 »

William John Light
William John Light
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...
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3 Answers | Asked in Car Accidents for California on
Q: if a person turning to street on a red and car hits him from the opposite side whose at fault..

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 »

William John Light
William John Light
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 »

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4 Answers | Asked in Personal Injury, Contracts and Civil Litigation for California on
Q: PI filed complaint 7/15/2021 trip n fall. I demanded jury trial. He never paid jury fee. Insisted on waiting.

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 »

William John Light
William John Light
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,...
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2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Criminal Law for California on
Q: Need help to find a lawyer for a patient violently crippled by an LA County Deputy prior to his long incarceration.

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 »

William John Light
William John Light
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 »

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2 Answers | Asked in Wrongful Death for California on
Q: What legal action could be taken against an in home hospice agency?

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.

William John Light
William John Light
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...
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4 Answers | Asked in Car Accidents, Personal Injury and Military Law for California on
Q: I was in an auto accident and I’m still recovering. I’m active duty and have a doctors note to be out.

Can I get in trouble for being out too long even if I have a doctors note and let my leadership know?

William John Light
William John Light
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 »

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3 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for California on
Q: Can my employer force adult employees to use kid chairs to proform our job? The chair causes back pain and no support

Home health care sitting. Employees spand 95% of the time sitting to monitor clients while they're sleep.

William John Light
William John Light
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...
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3 Answers | Asked in Contracts, Personal Injury and Civil Litigation for California on
Q: settlement is reached b4 filing a lawsuit then attorneys fees will be 33%. PI never served complaint? Still a lawsuit?

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 »

William John Light
William John Light
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 »

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2 Answers | Asked in Car Accidents and Personal Injury for California on
Q: In motorcycle accident not registered to me. No insurance or license.But other person fault AAA insurance by him whatdo

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

William John Light
William John Light
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 »

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3 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for California on
Q: is it legal or against the law in Fresno California for an orthopedic doctor to give me an prosthetic leg with used part

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 »

William John Light
William John Light
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 »

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3 Answers | Asked in Criminal Law, Civil Rights, Juvenile Law and Family Law for California on
Q: I am 16 years old and I drugged up a 43 year old and raped him now I'm pregnant what do I do

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

William John Light
William John Light
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...
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2 Answers | Asked in Car Accidents, Health Care Law and Insurance Bad Faith for California on
Q: i have paid to my union 50 thousands dollars for health and welfare got into accident n owe 40 k was coverd

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 »

William John Light
William John Light
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 »

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3 Answers | Asked in Consumer Law for California on
Q: Is a law firm that represents you obligated to show you how your funds from your settlement were dispersed?

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 »

William John Light
William John Light
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...
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4 Answers | Asked in Wrongful Death for California on
Q: How long once my demand for civil monetary settlement is agreed to by the defendent and accepted do I have to confirm it

Once I agree to the confirmation of the demand, how long do I have to confirm that I will accept it and recieve payment?

William John Light
William John Light
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...
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