I need to file a civil lawsuit against a law firm, but I cannot find the agent of the law firm for serving court papers. I also tried to search the law firm on the California Secretary of State website and see if there's an agent assigned to the law firm, but I cannot even find the law... View More
answered on Aug 6, 2023
The secretary of state lists agents for corporations, LLC's and LLP's. If the lawfirm isn't an organization of that type, the secretary of state won't have information on it. You can search the country Fictitious Business name datebase to see who owns the name, or the list of... View More
I broke my L-ankle and R-5th metatarsal. I went to our local ER and they scheduled an appt eithlocal orthopedic surgeon.He preformed the surgery. At the 1st f/u appt he asked if I was taking my antibiotics I told him I didn’t receive any. He prescribed some. By my 2nd f/u appt my L-leg below my... View More
answered on Jul 28, 2023
Malpractice is when a medical provider does something, or fails to do something, that a reasonable provider in the same circumstances would have done competently, and which caused you some significant injury.
What you describe sounds like malpractice. However, an orthopedic surgeon would... View More
In 2016 I purchased a new Hyundai, financed it through Hyundai Motor Finance and managed the payments via their MyHundai app. I did so until December of last year, when upon accessing the site the payment page was replaced with a single message that read “your loan has been paid in full.” Fast... View More
answered on Jul 25, 2023
The Loan Agreement and your debt exist regardless of a mistake on an app, which Hyundai will contest even happened. You are attempting to nullify thousands of dollars in debt, which you agreed to pay, based on something that, even if the app stated it, was obviously untrue, and which you knew was... View More
I got injured in an auto accident from other driver. His insurance company doesn't want to pay my entire medical bills only a portion of it. There reason is that they owe only reasonable and customary fees. They say that medical bills are unreasonable and "inflated." It seems like... View More
answered on Jul 11, 2023
Until you get a judgment against the at fault driver, his insurance company can refuse to pay you anything at all, so it is certainly entitled to dispute your medical expenses.
It appears that you are attempting to handle a personal injury claim by yourself. The insurer is not taking you... View More
If I put my social security number in "borrowers tin" and fill it out then hand it to a bank to ask them for a letter of credit for whatever amount is on there, is that an actual thing people can do as a cestui que trust fund?
answered on Jul 2, 2023
Do you have a loan from the Treasury Dept.? If you did, which is doubtful, the Treasury Dept. would have an interest in whatever property you used to secure the loan. You, as a borrower, do not have an interest in the property of the lender. If I understand your question, it sounds like an... View More
How does it go with a insurance with 100k insurance policy I don’t understand they only want to give 4k in recovery and we can go after 100k But we have to have 100k worth of medical expenses to get that amount Now they researching and going after a hit and run so what would I get at the end I... View More
answered on Jun 28, 2023
You won't get $50k out of a $100k settlement. The attorney will take 33 1/3% to 40% as a fee. The attorney will be reimbursed for the costs incurred. The medical providers/insurer will be paid for the cost of care. At best, you will get about 1/3.
Nobody will tell you what your... View More
I have been blackmailed for money online. A user who had a “fake” account got hold of explicit photos of me and is threatening to share them with all of my Instagram followers unless I pay them. I have documented all interactions with this person and have access to their phone number and venmo,... View More
answered on Jun 19, 2023
First, you would contact police to report a crime. The police can investigate and find the person responsible. If that person is in CA or at least in the US, then a lawsuit would be possible. However, unless that person is independently wealthy, do not expect an attorney to take such a case on a... View More
Defense responded that plaintiff was not wearing a seatbelt when defendant rear ended Plaintiffs auto. Plaintiff, after filing civil suit for this incident, was denied employment bc of risks presented by employee applicant, (myself).
Due to employer background checking and locating the... View More
answered on Jun 9, 2023
0% likelihood of prevailing on libel. Statements made in court are privileged, even false statements.
Sealing requests can be made. The particular statement you reference is not particularly sensitive or private, even though it was apparently damaging, so I am unconvinced that you would... View More
Car, because I’m being told that they won’t cover any damages or repairs for my vehicle even tho their policy holder was at fault….
answered on Jun 4, 2023
If everything you said was accurate, then the answer to your question would be “yes.” Insurers don’t deny claims as you have described. Either it contends you are at fault, or disputes the amount of damage, or claims that it didn’t insure the car or the driver. Have an attorney review... View More
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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,... View 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... View 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... View 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... View 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... View 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... View 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,... View 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... View 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... View 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... View More
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