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Questions Answered by Theodore Allan Greene
2 Answers | Asked in Personal Injury, Business Law and Civil Litigation for California on
Q: Is there an instance where court found a publication liable for intentional infliction of emotional distress?

In Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988), supreme court ruled that Public figures and celebrities cannot claim Intentional infliction of emotional distress for publications. Is there an instance where the person was not a celebrity and or a public figure and their IIED claim went... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Jan 24, 2024

Yes of course. You might remember Nicholas Sandman who claimed he was defamed by the media... and settled with some of them for Millions of dollars. See below.

"Nicholas Sandmann tweeted Friday he reached a settlement in his $250 million defamation lawsuit against the Washington Post...
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3 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Had a massive leg injury torn ligament plus back injury and looking for workman atty. How can I filter out factory type?

Am hesitant to sign up with atty and be stuck with one who does quantity over quality. I had four fractures plus torn ligament and now spine surgeon yesterday said my back got injured but needed no surgery. Need a great workman atty that is not too big or small. How does one find the quality type ?... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Jan 24, 2024

One of the previous answers suggesting there may be a civil case cross-over is very good and something you should look into. Depending on how the injury occurred there may be options outside of the Work Comp arena. If a 3rd party had some responsibility for the injury you may be able to also go... View More

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6 Answers | Asked in Car Accidents and Personal Injury for California on
Q: can you sue someone directly for car crash for being negligent other than insurance claim?

I had a car accident almost a year ago. Thank God, my children were already dropped off to school. The person who hit me head-on was high on marijuana (according to the police report) and was speeding, racing with another car and I was hit head-on, resulting in the total loss of both my car and the... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Sep 19, 2023

You need to sit down with another attorney right away if your current attorney doesn't handle personal injury. That doesn't really make sense but if you are confused then more clarity is needed. Don't wait to find out. You should also confirm with your current attorney that you are... View More

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2 Answers | Asked in Personal Injury for California on
Q: side job under no company or workers comp & accident happens, who is responsible, the one who hires or property owner?

hospitalization and multiple areas of stitches

Theodore Allan Greene
Theodore Allan Greene
answered on Sep 15, 2023

You should contact a personal injury attorney right away and have a consultation. Both the errant employer and possibly the home owner could be responsible but more information is needed. You need to make sure you act quickly because there are time constraints on your ability to get compensation... View More

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3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for California on
Q: 2nd mortgage is included in bankruptcy and now the 2nd mortgage is apparently in foreclosure.

My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Sep 14, 2023

Your question isn't possible to answer in this forum without a lot more information. Your best action plan is to sit down with an experienced attorney right away to go over everything. Sometimes, depending on which bankruptcy ( 7 or 13) you filed, second mortgages do not go away. You need to... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Do I have a case of malpractice?

A medical device was implanted by my doctor on April 10 and was expected to pass in my stool within 4 days. I rushed to the er a month later with chest pain and irregular heart beat and a few other symptoms. The xray showed the device was still there. I was scheduled for surgery a few days later to... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Sep 9, 2023

From the little bit of information you have provided it sure looks like you might have a case of medical malpractice but more information is needed. A qualified attorney would have to review your medical records. We actually have a qualified expert review those medical records to determine if they... View More

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5 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Insurance Defense for California on
Q: Is it common for a demand letter to be ignored by the defense?

Defense not responding in timely manner. Really not trying to file suit but I will if have to. Any pointers on getting there attention?

Theodore Allan Greene
Theodore Allan Greene
answered on Sep 4, 2023

Yes it is common. If it's not done to there specifications they ignore knowing they have covered their you know what. I get clients coming to me with a short time until the statute runs because they thought the insurance company would treat them fairly. The insurance companies hope people... View More

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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: As an adult I was accosted by a doctor multiple times . This happened between 2010 -2017 Have statue of limitation pass

I was accounted by a doctor as an adult on multiple occasions .The years were 2010 thru 2016. I think statute of limitations has passed but I believe that there is a window that has opened for adult survivors to file a claim against the abuser. I can see now that license has been suspended and he... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Aug 30, 2023

You should contact a law office that handles these type of cases. We sit down with clients who didn't think they had a case yet after going over all the facts we found some viable ways to proceed. Until you do that you will never know. It's worth your time to sit down with an experienced... View More

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2 Answers | Asked in Criminal Law and Personal Injury for California on
Q: A woman lied against me to her husband. Her husband came yelling, threatening me and ripped off my top exposed my breast

A woman lied against me to her husband. Her husband came yelling, threatening me and ripped off my top exposed my breast. Can I press criminal charges against the husband and get a restraining order against the wife

Theodore Allan Greene
Theodore Allan Greene
answered on Aug 27, 2023

You should have reported it to law enforcement. I doubt they will do much these days but you still should have reported it. You could sue him in civil court (small claims court most likely) for assaulting you. Probably not a big case. And as for getting a restraining order against her - I... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Auto Accident and Uninsured Motorist Situation

Hello,

I need advice on an auto accident. I rear-ended another car, causing minor damages. No immediate injuries reported. Unfortunately, I lack insurance coverage for that car, though I'm insured for two others.

The other party has an attorney for a personal injury claim and... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Aug 25, 2023

Some things for you to think of. The Police Report most likely shows you were not insured. Quite often when there is someone without insurance it means they don't have a lot of income or assets (otherwise why go without insurance) so that usually means that a Chapter 7 bankruptcy might be in... View More

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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I’ve recently discovered I’m eligible for personal injury compensation. Suspect admitted fault in 3 days. NEED HELP

Suspect admitted 100% fault right away. I was in a rental that I was liable for. Lawyer that represented me at time settled me out for 2,000…. I feel like there’s room for compensation. Please contact me asap as I need help pursuing this

Theodore Allan Greene
Theodore Allan Greene
answered on Jan 29, 2023

If you signed a Settlement Agreement then most likely you are done and there is nothing more you can do. Read whatever document you signed carefully and it should be self evident. You might ask an attorney to help you understand the document if you can't.

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3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: I've told a law firm I no I don't need there service. They keep asking me to sign a contract and won't stop

After telling them I found another lawyer and if I needed there service I would call them. They message me everyday and it I looked over the contract to sign so they can get started on my case. I told them I'm not signing anything and I don't need there services. They won't stop.

Theodore Allan Greene
Theodore Allan Greene
answered on Jan 19, 2023

that is a little disturbing. It could be a service they are using that isn't working properly. I would suggest you send a letter to the main attorney informing them of the situation. That should get it to stop.. and obviously just ignore the messages being sent.

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7 Answers | Asked in Personal Injury and Car Accidents for California on
Q: How can I get this driver's insurance company name? Struck by a vehicle in a crosswalk, driver has insurance per police

Partner and I were both struck by a vehicle, driver refused to give us information until the cops got there, the police arrived while we were both being driven away in the ambulance witnesses state he did have insurance, cops took down all information except for who his insurance company is. We... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Jan 19, 2023

You should hire an attorney right away. Most will do it on a contingency which means you pay nothing and the attorney doesn't make anything unless you win. The police report will be needed and that should have a lot of the information you need including the insurance company and policy number.... View More

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4 Answers | Asked in Personal Injury, Intellectual Property, Internet Law and Sexual Harassment for California on
Q: This guy I went on a couple of dates with hacked my phone and is sending me photos and screenshots of my conversations

Apparently he downloaded a Pegasus spyware software onto my phone. And now has access to ALL of my data and information. This is such a breach of privacy. I barely know this creep! What can I do?

Theodore Allan Greene
Theodore Allan Greene
answered on Jan 3, 2023

Great advice given so far and you should do all of them. If the person has any assets you can sue them in civil court for your damages. If they don't have any assets that might not be too productive... but all the other advice should be heeded...

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4 Answers | Asked in Personal Injury for California on
Q: Should I change my deposition if I said I graduated college and I didn’t? I’m a non-party witness in a personal injury

I was just deposed two days ago, I will be able to correct it. I’m just unsure if it’s more trouble than it’s worth.

Theodore Allan Greene
Theodore Allan Greene
answered on Dec 18, 2022

In 30 days you should be able to review your testimony and make any changes. I would suggest making the change and then you have nothing to be worried about. You can state you were a little confused when you answered it and didn't mean to misrepresent (if that is a true statement). If your... View More

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4 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Are there any state or federal laws that prohibit vehicles from stopping Abruptly on the freeway?

I was involved in an accident on US 101 where a big rig that was in front of me came to an abrupt stop to avoid hitting a few dogs that ran in front of him on the freeway. I was only going 40 miles an hour, it was foggy and by the time I realized that he had come to a complete stop it was too late... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Nov 30, 2022

When you rear end someone it usually is your fault. The law states you should only be going as fast so that you can stop if the vehicle stops in front of you. What if it was a small child the truck stopped for? Do you think it would still be the truck's fault. As far as appealing it... I have... View More

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4 Answers | Asked in Personal Injury for California on
Q: Company admitting there allegations. Do you think they will accept my asking price $500,000?

I have a letter from the company admitting there allegations, what do you believe will happen? Do you think they will accept my offer for $500,000?

Theodore Allan Greene
Theodore Allan Greene
answered on Nov 30, 2022

If you think your case is worth that much you should sit down with a lawyer and discuss your options. When someone doesn't have an attorney the other side thinks they can easily win. So at least talking to an attorney should be your first step. You didn't give enough information for us to... View More

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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: My friend was hit by a car by fully covered in motorist insured yet she only got 6,000 why is this

Her inuries included two compound fracture both legs and crced pelvis a brief amwas in hospital two week than in a long term care facility.....yet she only offered 6. Thousand.. ..why so little.others I know we're getting much much more

Theodore Allan Greene
Theodore Allan Greene
answered on Nov 17, 2022

It's hard to answer your question without more information... but if she doesn't have an attorney that could be why they are trying to low ball her. The insurance company tries to hold on to their money very tightly. If she has an attorney then it's impossible to know what is going... View More

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4 Answers | Asked in Personal Injury for California on
Q: How can I find out if my lawsuit is still in litigation. Is 4 yes right to still be in litigation? My attorney never cal

My attorney always avoids me it seems

Theodore Allan Greene
Theodore Allan Greene
answered on Nov 9, 2022

You can go to the county court website and search your name. That should bring up any cases with your name on them. You should be able to see what has been filed in the case and some counties allow you to look at the documents filed as well.

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Is it correct sequence of events for setting aside dismissal?

1. Motion to Set Aside gets submitted to Court.

2. Court accepts or rejects motion.

3. Court accepts or rejects amended complaint.

4. Documents have to be served on defendant. Defendant can object. Plaintiff may reply.

5. At hearing decision is made if dismissal is... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Mar 1, 2024

It is not quite the way you have suggested... But it impossible to give you specific help in a forum like this. The reason the case was dismissed is the most important elements. And there are many factors that need to be considered in determining if it can be set aside. You should have a... View More

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