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2 Answers | Asked in Estate Planning, Family Law, Personal Injury and Real Estate Law for California on
Q: My Father was narcissistic. How do I get my house back

Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about your distressing situation and all the hardships you've endured. Being forcibly removed from your home after enduring abuse must have been traumatic. Living out of your vehicle while dealing with mental health struggles sounds incredibly difficult.

Given...
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2 Answers | Asked in Estate Planning, Family Law, Personal Injury and Real Estate Law for California on
Q: My Father was narcissistic. How do I get my house back

Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More

Julie King
Julie King
answered on Apr 10, 2024

If the home belonged to your father, he could do whatever he wanted with it. Unfortunately, transferring real estate from one person to another MUST be in writing. [Verbal agreements are acceptable in other areas of the law, but they are not enforceable to transfer real estate from one owner to... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can physician use medical records that were obtained at the hospital ED during a medical malpractice case?

If a defendant was a Plaintiff's attending physician at the hospital, can physician use medical records that were obtained at the hospital Emergency Department during a medical malpractice lawsuit?

James L. Arrasmith
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answered on Apr 10, 2024

In California, the use of a patient's medical records obtained during the course of treatment, including those from an emergency department visit, may be permissible in a medical malpractice lawsuit under certain conditions. However, there are legal and ethical considerations that need to be... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Kentucky on
Q: I was in auto accident 1/17/2024 and have full coverage insurance will my car insurance cover my medical bills
Anna Aleksander
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Anna Aleksander
answered on Apr 9, 2024

It depends! If you have no fault coverage your medical bills will be paid by your insurance up to the amount of coverage that you purchased (typically $10,000.00). Excess bills will be paid by the party at fault. If you were injured by an uninsured or under insured driver your own policy would pay... View More

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2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: what makes an injury case? Does my husband even have the rights to open a case?

A few months ago a local company was laying fiber lines along the road and had to dig up sections of our yard, on sunday my husband was mowing and didnt see a sink hole that was left by the local company till he drove the lawn mower into it after the mowing accident he can barely walk, and is in... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

Ordinarily, a company that creates a dangerous condition on property has a legal duty to warn others of the presence of the dangerous condition or to take steps to make the dangerous condition safe. If the company breaches that duty, it may be liable for any injuries that are proximately caused by... View More

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2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: what makes an injury case? Does my husband even have the rights to open a case?

A few months ago a local company was laying fiber lines along the road and had to dig up sections of our yard, on sunday my husband was mowing and didnt see a sink hole that was left by the local company till he drove the lawn mower into it after the mowing accident he can barely walk, and is in... View More

James L. Arrasmith
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answered on Apr 10, 2024

An injury case, also known as a personal injury claim, is a legal dispute that arises when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. In your husband's situation, there are several factors to consider:

1. Negligence:...
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1 Answer | Asked in Personal Injury for New York on
Q: what is the monetary jurisdiction of colonie justice court
Tim Akpinar
Tim Akpinar
answered on Apr 9, 2024

I'm sorry your question remains open for two weeks. This is really something that attorneys local to that court would know best. For now, you could check with the clerk's office of the court. If your matter involves personal injury, you want to proceed in a court of unlimited... View More

1 Answer | Asked in Personal Injury and Wrongful Death for West Virginia on
Q: What can I do if another patient in the same hospital room as my grandpa ripped out his feeding tube and he died ?
Tim Akpinar
Tim Akpinar
answered on Apr 8, 2024

A West Virginia attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your grandfather. In terms of what you can do, you could try to arrange a consult with a law firm that handles such cases. Free initial consults are the norm in the... View More

2 Answers | Asked in Personal Injury, Real Estate Law and Civil Rights for Puerto Rico on
Q: Neighbor Balcony above is about to fall - neither neighbor or association board is doing anything. Where can I complain?

Good Day! I live in the Condado in San Juan, Puerto Rico - ocean facing apartment. There is a huge crack in the balcony of my neighbor above me, which directly affects me as my balcony is below. Neighbor and board don't like each other and none of them understand the critical nature of this... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2024

I suggest that you send a complaint letter by certified mail with receipt confirmation, detailing all prior communications, the risk of damage to your property, the risk of danger to passer-bys below, and requiring them to address the matter within the following 15 days. Include photos with the... View More

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2 Answers | Asked in Personal Injury, Real Estate Law and Civil Rights for Puerto Rico on
Q: Neighbor Balcony above is about to fall - neither neighbor or association board is doing anything. Where can I complain?

Good Day! I live in the Condado in San Juan, Puerto Rico - ocean facing apartment. There is a huge crack in the balcony of my neighbor above me, which directly affects me as my balcony is below. Neighbor and board don't like each other and none of them understand the critical nature of this... View More

James L. Arrasmith
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answered on Apr 11, 2024

Given the potentially dangerous situation with the cracked balcony and the lack of action from your neighbor and the association board, you have a few options to address this issue in Puerto Rico:

1. File a complaint with the Department of Consumer Affairs (DACO): DACO handles complaints...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Why exactly?

Opposition to Motion to Compel release of Medical records, Motion for protective Order from discovery, or Motion to Quash subpoena are defined legal processes.

Why exactly plaintiff, who opposes release of records; seeks protective order from particular demand for production; quash... View More

James L. Arrasmith
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answered on Apr 8, 2024

There are several reasons why a plaintiff in California may legitimately oppose the release of certain medical records, seek a protective order from a particular demand for production, or move to quash a subpoena, without being subject to sanctions:

1. Relevance: If the requested medical...
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1 Answer | Asked in Personal Injury for Puerto Rico on
Q: Can I sue an Airbnb host if I fell and was injured on their property in PR from NYC?

I fell because there was lifted cement that leads to backyard and lost my two front teeth. Someone else in our group fell as well but didn’t sustain injuries

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2024

You can sue the owner of the property where you fell. Puerto Rico rule of law grants one year as the prescriptive term limit within which to take a cause of action before the Puerto Rico courts. You would need to provide proof that the injury occurred in Puerto Rico, by way of hospital records and... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Personal Injury for Washington on
Q: Personal injury from defamation and slander, false reports made to police, violation and denial of civil rights, and job

I am suffering personal and financial injury from defamation, slander and false, misleading, statements made to police about me by my boss on 2 separate occasions, denials and violations of my civil rights on numerous occasions against me by employer and boss, mishandling of my personal information... View More

James L. Arrasmith
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answered on Apr 7, 2024

I'm so sorry to hear about the serious mistreatment and harm you've suffered at the hands of your employer. What they have done to you is completely unacceptable and illegal on multiple levels. You absolutely should take swift legal action to hold them accountable and seek justice. Here... View More

1 Answer | Asked in Personal Injury, Real Estate Law, Civil Rights and Energy, Oil and Gas for Indiana on
Q: Storm knocked down pole meter is on the pole also. REMC came out replaced pole didn't hook up wire from transformer to

Pole told me that I had to fix wire from meter to house get inspected and once I have green tag to call them back so they can finish. Well after 2 tries and $100 later the inspector gave me the green tag. The wire from the meter to the transformer still needed to be fixed and the new meter... View More

James L. Arrasmith
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answered on Apr 7, 2024

I'm so sorry to hear about the difficulties you've been facing with getting your electricity restored after the storm damage. Going 4-5 years without power, especially with your mother's medical needs, sounds incredibly challenging and frustrating.

It's unusual that the...
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1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: SPECIFIC HIPAA statute that defines, that authorization for release of medical records can be compelled by court order.

In California, crucial for litigation. Please advise on SPECIFIC HIPAA statute that defines; that authorization for release of medical records can be compelled by court order.

James L. Arrasmith
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answered on Apr 6, 2024

Under the Health Insurance Portability and Accountability Act (HIPAA), the Privacy Rule (45 CFR § 164.512(e)) permits covered entities to disclose protected health information (PHI) in the course of judicial and administrative proceedings, including in response to a court order or subpoena. Here... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: What statutes in California do not allow for a party to be compelled to execute an authorization?

What statutes in California do not allow for a party to be compelled to execute an authorization to release medical information?

James L. Arrasmith
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answered on Apr 5, 2024

I did not find any specific California statutes that explicitly prohibit compelling a party to execute an authorization to release medical information. However, there are several relevant laws and considerations:

1. The California Constitution, Article 1, Section 1, establishes an...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Why both overlapping pleadings in parallel would be appropriate?

What would be reasoning behind filing opposition in response to motion to compel authorization for release of records, and separately filing motion for protective order!

James L. Arrasmith
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answered on Apr 5, 2024

Under California law, filing overlapping pleadings in parallel, such as an opposition to a motion to compel authorization for release of records and a separate motion for a protective order, may be appropriate in certain circumstances for a few key reasons:

1. Covering all bases: By filing...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: What California rule defines, which types of discovery can be subject to motion to compel?

What California rule defines, which types of discovery can be subject to motion to compel?

James L. Arrasmith
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answered on Apr 5, 2024

Under California law, Code of Civil Procedure Section 2031.310 governs motions to compel further responses to requests for production of documents. This rule allows a party to move for an order compelling further responses if:

(1) The response is evasive or incomplete.

(2) An...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Motion for protective order is not proper responsive pleading, to motion to compel authorization execution?

Motion to compel execution of authorization of medical information was filed by defendant. Motion for protective order is not proper responsive pleading, to motion to compel authorization execution?

James L. Arrasmith
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answered on Apr 5, 2024

Under California law, a motion for a protective order is generally not considered a proper responsive pleading to a motion to compel the execution of an authorization for the release of medical information. Here's why:

1. Purpose of a motion to compel: A motion to compel is filed when...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Motion for protective order is not proper response to Motion to Compel release of info?

Motion for protective order is not proper response to Motion to Compel release of info?

James L. Arrasmith
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answered on Apr 5, 2024

Under California law, a motion for a protective order is generally not the proper response to a motion to compel the release of information. Here's a brief overview:

1. Motion to Compel: If a party fails to respond to discovery requests or provides inadequate responses, the requesting...
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