Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Robert Dourian
1 Answer | Asked in Car Accidents for California on
Q: Notice of Refusal

I bought a motorcycle from out of state to replace my wrecked one. It only had at the time 7235 mi. I was given a notice of refusal from DMV what can I do? I've the letter from my insurance company that it was determined total lost. I was injured and its taken me this long to fine a... Read more »

Robert Dourian
Robert Dourian answered on Aug 19, 2021

The question is a bit confusing. Which MC did the DMV refuse? What was refused? What reason did the DMV give you? Did you contact the DMV to see what it requires (to register the MC? ) Anyway the more important question is how are you physically and mentally? Were you injured? How bad? Whose... Read more »

4 Answers | Asked in Car Accidents for California on
Q: Got into a car accident, need advice.

Car was out of gas at night with no lights or Indicators on. Crashed into it. Who is at fault?

Robert Dourian
Robert Dourian answered on Jun 8, 2021

Actually there is some case law on this that says you can hold the other driver responsible and if there was a recent visit to a mechanic and a problem wasn't fixed, you could even hold the shop liable.

View More Answers

1 Answer | Asked in Medical Malpractice for California on
Q: Can I sue my orthodontist for not properly doing their job?

I have been paying for my sons braces now for quite some time, he was only suppose to have the braces for 18 months. He’s had them on for about 4 years now. My contract includes them fixing broken brackets and fixing anything else that might happen which I pay for. My son hasn’t been to that... Read more »

Robert Dourian
Robert Dourian answered on Feb 11, 2021

If you can get another orthodontist to say your son's orthodontist acted below the standard of care and negligently harmed your son, then unless your son is over 18 years of age, you can file a lawsuit for malpractice on behalf of your son, as his Guardian ad litem. California has a 1 year... Read more »

2 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: Hello there , Is there any path of legal options on a sepsis death of a 64 year old from a heart valve replacement ?
Robert Dourian
Robert Dourian answered on Jan 5, 2021

You question can only be answered with questions:

1. How did the Sepsis develop? What caused the Sepsis? What caused the initial infection? Was it solely caused by a valve replacement procedure?

2. Was an autopsy performed? If so what is cause of death? What does death...
Read more »

View More Answers

5 Answers | Asked in Car Accidents for California on
Q: My car accident case was closed a year ago. Lawyers office recieved the check, I still haven't received anything.

Can the check be cash without me knowing?

Last June I managed to speak with someone, I was told they were still making calculations.

Robert Dourian
Robert Dourian answered on Oct 23, 2020

Sounds like something you should take up with the State Bar of California.

View More Answers

3 Answers | Asked in Car Accidents for California on
Q: Hi my question is. I have a Trump flag on my car say someone rips it off what are my options? Could I defend myself?

Say I have a concealed carry permit. Can I defend myself?

Robert Dourian
Robert Dourian answered on Oct 22, 2020

You could vote for Biden.

View More Answers

3 Answers | Asked in Criminal Law and Car Accidents for California on
Q: Hit and run. Person fled on foot ditched the car. Car isn't registered to the person and can't contact. What to do?

I want to find them.

Robert Dourian
Robert Dourian answered on Sep 28, 2020

Sounds like a job for local law enforcement and if you have the means, a private investigator. Meanwhile have you checked all of your insurance coverages, including Uninsured Motorist on your auto, to see if this might not qualify as a claim?

View More Answers

7 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Small Claims for California on
Q: Could you please do my opposition to motion summary judgment?

I was hit by a car while riding my bicycle and the defendant’s attorney has sent me motion of summary packets. I need to respond so I need help with that paperwork please.

Robert Dourian
Robert Dourian answered on Sep 28, 2020

Sounds like the defense has filed a Motion for Summary Judgment (MSJ) against you. These are essentially evidentiary hearings with the Court in which the defense seeks to dismiss your case with declarations and evidence that negate your claim. There are some technical issues involved in opposing... Read more »

View More Answers

2 Answers | Asked in Medical Malpractice for California on
Q: Is this medical malpractice/negligence/ breaking a law? : I was referred to a bone specialist for ongoing wrist pain

from a fracture a year ago. Recent x-rays showed a positive ulnar variance. The specialist I was referred to told me that ulnar variance isn't the problem. When I questioned this opinion, he told me to do a follow up appointment with him and bring the x-rays from the original wrist fracture.... Read more »

Robert Dourian
Robert Dourian answered on Sep 18, 2020

If you are asking if you have grounds to pursue a Medical malpractice case, the answer is I don't know. The only way to determine if there is a claim to be made is by taking your records, and your facts over to a qualified specialist in the same filed of medicine, and have him or her answer... Read more »

View More Answers

5 Answers | Asked in Car Accidents, Personal Injury, Gov & Administrative Law and Municipal Law for California on
Q: I was in an accident about a month ago (hit by a car as I crossed the street from sidewalk to sidewalk while biking home

I was in an accident about a month ago (hit by a car as I crossed the street from sidewalk to sidewalk while biking home). I was knocked unconscious for a brief period and woke up to cops around me looking at me with flashlights. I was asked if I wanted to go to the ER in the ambulance and I... Read more »

Robert Dourian
Robert Dourian answered on Sep 16, 2020

I would be surprised if you received a bill from any Municipal EMS/paramedic service. If however, you did, you can dispute the bill under the circumstances you explained. The more interesting question is who hit you? Was it a hit and run situation? If so, you were the victim of a crime and... Read more »

View More Answers

2 Answers | Asked in Health Care Law and Medical Malpractice for California on
Q: My Drs medical assistant fraudulantly reported to a specialty pharmacy , that I was no longer a patient! Can she do that
Robert Dourian
Robert Dourian answered on Sep 8, 2020

Fraud is fraud. If all the elements of fraud are met, its not malpractice but Fraud. In this case most likely Fraudulent Misrepresentation. The problem with Fraud claims however, is PROVING IT.

View More Answers

5 Answers | Asked in Car Accidents, Construction Law and Small Claims for California on
Q: What are my options when trying to recoup vehicle repair costs associated with damage caused by Caltrans' subcontractor?

Hello,

Significant vehicle damage was incurred due to freeway construction debris collision with my vehicle. Caltrans claim was submitted by both my vehicle insurance and myself. Caltrans responded about a year later to my insurance, stating that this instance was caused by their... Read more »

Robert Dourian
Robert Dourian answered on Aug 31, 2020

I sounds like your options have narrowed down to filing an action for property damages. It is not so clear that CALTRANS is not responsible, but its all about the actual facts and circumstances. This matter may not make sense for an attorney to take on if the dollar amount of the damage is low.... Read more »

View More Answers

5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Pedestrian hit while traffic light out

Asking question on behave of someone who got hit by a car crossing a street on a crosswalk while the traffic lights were out. Driver did not stop at the intersection, but did stop after the accident and gave the person that got hit a ride, fully accepting the fault later. After discussing this... Read more »

Robert Dourian
Robert Dourian answered on Aug 21, 2020

Given the costs of litigating cases, as a general rule, some permanent, long term harm is necessary to bring in a lawyer. So this case might past that test with the scarring. With permanent injury the damages would or should be worth more than 15K. The problem in answering this question however,... Read more »

View More Answers

4 Answers | Asked in Car Accidents, Consumer Law, Estate Planning and Identity Theft for California on
Q: at birth my father forced my mother to give two sons the same identical name
Robert Dourian
Robert Dourian answered on Aug 19, 2020

As unfair and confusing as that act might be, I suspect it does not rise to the level of actionable child abuse under current law.

View More Answers

4 Answers | Asked in Car Accidents for California on
Q: Insurance company wants a verbal statement after an accident, is that normal?

I borrowed the vehicle from my father and got into a fender bender at a stoplight. Insurance company won't answer his questions until they get a recorded verbal statement from me. Is this normal and what should I do? To clarify, my father has told them nothing they don't want anything... Read more »

Robert Dourian
Robert Dourian answered on Aug 17, 2020

Whoa. Hold on there. You may have a big issue to worry about. Namely the insurance company may be trying to find a way out of covering this incident. First, you need to know what your father told them. Are you a named insured under the policy? Did you live at home when you borrowed the car?... Read 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.