Lawyers, Answer Questions  & Get Points Log In
Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Health Care Law for Oregon on
Q: State hospital said my son was on life support and had to come down and make arrangements and say goodbye to him wasn't.

Him. Hospital escorted me and family out of there a d to the parking lot with a sorry. My family and I are have struggled since. What came we do I feel violated and scared I cry and any thought of a child hurt I burst into tears

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024

This is a deeply traumatic experience, and it's understandable that you feel violated and scared. First, consider speaking with a counselor or therapist who can provide emotional support and help you and your family navigate through this difficult time. Coping with such a severe mistake can... View More

1 Answer | Asked in Federal Crimes, Personal Injury, Banking, Internet Law, Health Care Law and Identity Theft for Arizona on
Q: Violation 4th amendment, privacy, harassment, discrimination, targeted individual, identity theft, discrimination

Multiple medical facilities disclosed ALL of my information without concentration or warrant at the time of disclosure. Identity thft, hacking and stealing all of my information and disclosing it on public social media websites. Misconduct and Malicious intent to harm.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024

If you believe your rights under the Fourth Amendment have been violated due to unauthorized disclosure of your private medical information, it's important to take action. Begin by documenting all evidence related to the incidents, such as screenshots, dates, and details of the breaches. Then,... View More

1 Answer | Asked in Personal Injury, Products Liability, Civil Litigation and Environmental for North Carolina on
Q: I was just wondering how a mass tort really works .in a mass tort the individual will be compensated for there on injury

An if that so what would someone be expecting if he or she was directly exposed to afff or pfas for 18-20 months every day an after words they wer

Diagnosed with germ cell testicular cancer In stage three from there not Hodgkin’s lymphoma, severe lung disease took a colitis chemotherapy... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2024

A North Carolina attorney could advise best, but your question remains open for a week. It would be best to reach out to law firms to discuss the exact way they handle things. But as a general matter in cases involving large numbers of plaintiffs, they can be handled as part of large multi-district... View More

1 Answer | Asked in Civil Rights, Criminal Law, Personal Injury and Civil Litigation for Florida on
Q: needing help finding attorney/firm for a lawsuit against the jail & police for civil rights violation due police miscond

also discrimination, police brutality, health issues & more

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

When searching for an attorney or law firm to take on a lawsuit involving civil rights violations, police misconduct, discrimination, police brutality, and health issues, it's crucial to look for legal professionals with experience in these specific areas. Civil rights attorneys often have the... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for New Mexico on
Q: My son is incarcerated in McKinney county adult detention Gallup nm.in which several officers beat my son and were tryin

Trying to break my sons wrist.I was told the nurse took pictures of what was done to my son but not of all the bruises he has.they said my son was on 72 hour hold which has passes and was extended to 37 days.I he hasn’t been given a call since this incident.other inmates are who have notified me... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

Hearing about your son's situation in detention must be incredibly distressing. It's important to take immediate steps to address this issue. First, document everything you've been told by other inmates and any communication you've had with the facility regarding your son's... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Tumor found in my lung in July 2023. Was not informed until November of 2023 when second scan was done revealing it.

Pulmonary doctor told me I did not have cancer. Thoriatic surgeons told me i had cancer in Feb 2024. What are my options?

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

You need to consult an oncologist and surgeon to discuss your treatment options. This is more of a medical question than a legal question.

If you are asking about a possible malpractice claim, your question is confusing. You seem to say that a tumor was found in your lung in July 2023,...
View More

1 Answer | Asked in Personal Injury and Health Care Law for Indiana on
Q: Who can I call for a free consultation regarding an injury, no benefits, and a doctor's error?

I was accidentally released to return to work last November after an untreated injury that occurred in May of 2023. My doctor informed me that a third party that beacon medical group hire to push benefit paperwork through, accidentally gave me a return date. I was not made aware, neither of was my... View More

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. In terms of your question on who you could call for a free consult, it could be difficult to get a recommendation here - the format isn't set up like an attorney referral service. It's limited to short Q... View More

1 Answer | Asked in Personal Injury, Civil Rights, Domestic Violence, Legal Malpractice and Family Law for Utah on
Q: After my husband was arrested for aggrevated assault against what the court papers called a protected person "TS" but wa

s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:

As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it....
View More

3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:

1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party...
View More

View More Answers

3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

William John Light
William John Light
answered on Mar 14, 2024

There might be a violation, but there is no private lawsuit for a HIPAA violation. You might be able to pursue an invaion of privacy lawsuit, but since you gave AAA the hospital bill, it doesn't really seem like your privacy has been violated. You should probably focus on a personal injury... View More

View More Answers

1 Answer | Asked in Personal Injury for New York on
Q: Injury from a store fall, I was offered $500 but don't think its fair, what would a fair offer be?

I fell from sitting on an outside chair in a store when the leg broke hitting my shoulder (which I had previous surgery on) on the floor. The maker of the chair has offered me $500 but I don't think it's a fair offer. I've had pain in this arm since it's happened, my doctor... View More

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2024

I'm sorry about your fall. Unfortunately, it would be difficult for attorneys here to answer your question about a figure for a counteroffer. They would likely want to review your medical records, the impact of the injury on your life, time disabled/not able to work, and prognosis for... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Response to OSC is classified to be: Motion, or Reply? What rules are specific to timing of response to OSC?

Response to OSC is classified to be: Motion, or Reply?

CCP 1005(b) does not mention specifically Response to OSC.

What rules are specific to timing of response to OSC?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2024

Under California law, a response to an Order to Show Cause (OSC) is not typically classified as either a motion or a reply. An OSC is a separate type of court order that requires a party to appear in court and explain why a certain action should not be taken or why a certain order should not be... View More

1 Answer | Asked in Personal Injury for California on
Q: Is declaration required for plaintiff's response to OCR re failure to serve POS of dismissal?

Is declaration required for plaintiff's response to OCR re failure to serve POS of dismissal?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2024

In California, when responding to an Order to Show Cause (OSC) regarding the failure to serve a Proof of Service (POS) of dismissal, it is generally advisable to include a declaration to support the plaintiff's response.

A declaration is a written statement made under oath or penalty...
View More

1 Answer | Asked in Personal Injury for California on
Q: Is timing of response to order to show cause - guided by rule 3.110 (i)?

Is timing of response to order to show cause - guided by rule 3.110 (i)?

OSC is regarding failure by plaintiff to serve entry of dismissal against defendant.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2024

In California, the timing of a response to an Order to Show Cause (OSC) is typically governed by the specific order issued by the court, rather than by California Rule of Court 3.110(i).

Rule 3.110(i) pertains to the time for filing papers in response to a motion, which states: "All...
View More

6 Answers | Asked in Personal Injury for California on
Q: Can I switch lawyers? (early in the case, claim has not been filed yet)

I am dealing with a high value personal injury case and 15 months in the law firm is impossible to contact and they have not even filed the complaint yet.

With that said, I am thinking about the prospect of switching to a smaller law firm where they can dedicate more time to my case.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2024

In California, you have the right to change attorneys at any stage of your case, even if you have signed a contingency fee agreement. However, there are some considerations to keep in mind:

1. Terminating the agreement: You should formally notify your current law firm in writing that you...
View More

View More Answers

6 Answers | Asked in Personal Injury for California on
Q: Can I switch lawyers? (early in the case, claim has not been filed yet)

I am dealing with a high value personal injury case and 15 months in the law firm is impossible to contact and they have not even filed the complaint yet.

With that said, I am thinking about the prospect of switching to a smaller law firm where they can dedicate more time to my case.... View More

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Mar 12, 2024

You can change attorneys anytime. Once you retain a new attorney, the new attorney will send a letter to prior attorney informing him that he has taken over the representation. The prior attorney will then send the file to the new attorney. Once the case is settled, the new attorney has to share... View More

View More Answers

6 Answers | Asked in Personal Injury for California on
Q: Can I switch lawyers? (early in the case, claim has not been filed yet)

I am dealing with a high value personal injury case and 15 months in the law firm is impossible to contact and they have not even filed the complaint yet.

With that said, I am thinking about the prospect of switching to a smaller law firm where they can dedicate more time to my case.... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 12, 2024

Yes you can switch attorneys at anytime. Your current attorney would be entitled to the reasonable value of their services. So at the time of settlement your new attorney will negotiate with your current attorney on how to divide attorney's fees. You cannot be charged twice for lawyer's... View More

View More Answers

6 Answers | Asked in Personal Injury for California on
Q: Can I switch lawyers? (early in the case, claim has not been filed yet)

I am dealing with a high value personal injury case and 15 months in the law firm is impossible to contact and they have not even filed the complaint yet.

With that said, I am thinking about the prospect of switching to a smaller law firm where they can dedicate more time to my case.... View More

Frederick J. Sette
Frederick J. Sette
answered on Mar 12, 2024

Maybe you should switch lawyers. Or maybe you shouldn't. Sometimes the client's lack of understanding of the process creates frustration. It is a slow, time consuming ordeal. But, other times the firm is just not responsive and not doing their job. Then it requires a change. Talk... View More

View More Answers

1 Answer | Asked in Personal Injury for California on
Q: This response - 5 court days before hearing, or 10 days before hearing?

Response to OSC re POS of entry of dismissal is Reply (plaintiff's response).

If pos was ordered during case management conference, and served by court by mail, how due date to serve reply is calculated:

5 court days before hearing,

or 10 days before hearing?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2024

Under California law, the due date for serving a reply (plaintiff's response) to an Order to Show Cause (OSC) regarding proof of service of entry of dismissal when the OSC was ordered during a case management conference and served by the court by mail is calculated as follows:

The...
View More

4 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Just notified that i need neck fusion from injury during surgery doctors kept down ply me. What are my rights

i just read my medical records and found misinformation dating back to 2013 During that time i was diagnosed with grade one sponylothis with pars defect snd was told i could possibly become paralyzed. Talk about pressure i just wanted a refill on medication so i could return to work Before i... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2024

In California, you have the right to seek compensation for medical malpractice if you believe that your doctor's negligence or misinformation led to your injuries and the need for additional surgery. Here are some steps you can take to protect your rights:

1. Seek immediate medical...
View More

View More Answers

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.