Get free answers to your legal questions from lawyers in your area.
I am victim to assault battery crime . Suspect never arrested, just later charged when I went to speak to Sgt .( Which I was not allowed due to police telling me that going to the hospital more important due to my injuries.)
I have called many lawyers and none have taken because I... View More
answered on Oct 12, 2024
Don’t blame it on the lawyers. Intentional torts like assault and battery are generally NOT covered by homeowners insurance. Full stop. End of analysis. Just bc she has not been arrested doesn’t mean she won’t be arrested once the investigation is completed. Her bf does not have a duty to... View More
For written deposition under subpoena WITHOUT appearance of non-party which form is applicable: SUBP-010 or SUBP-020?
Written deposition is answers to qustions.
answered on Sep 27, 2024
Here are some self help videos on Discovery.
https://saclaw.org/learn/self-help-videos/
Specifically related to Subpoena's
https://saclaw.org/resource_library/discovery-business-records-subpoena-for-consumer-employee-records/
You can find answers to all your... View More
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
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
1. Motion to Set Aside Dismissal against defendant requires amended complaint.
2. Amended complaint (third) requires motion for leave to file amended complaint.
3. Court allows one hearing per one motion.
If filing of amended complaint was not ordered yet,
how... View More
answered on Mar 5, 2024
I feel like this question has been bouncing around a lot lately and I don't think you are going to get the specific information you need. If you are on your 3rd amended complaint this could be your last shot at it before your complaint (or a cause of action) is dismissed with prejudice. If you... View More
79 yr old mom perfect health tripped on sidewalk sustaining broken knee cap required surgery ,fractered her wrist and hitting her head. Are these cases very complicated in Ca. This was at her apartment complex. It was clear sunny day in the afternoon when it took place. I have 3 good pictures of... View More
answered on Feb 19, 2024
These types of accident are not a complex, however, you must show the property owner knew of the dangerous condition (actual knowledge) or should have known (constructive knowledge) of the open and obvious defect. Because of this notice requirement, slip/trip and falls on public sidewalks are more... View More
Can I request to see the settled amount that in insurance company paid out on the law suit. Is it true that Medi-care needs to be re-embured once the award has been granted? How do I know if I have hired the right honest attorney for personal injury?
answered on Feb 15, 2024
It's important to understand the difference between "fees" which pays your attorney for their time... and "costs" which reimburses your attorney for costs they have advanced on your behalf. Your agreement is controlled by your Retainer so look to it to determine your legal... View More
I have 2 PI claims with the first attorny. He abandoned me. I've seelnt 3 certified letters demanding communication and delivery of my file. No response for 3 months. The second attorneys is less bad but I never hear from him. As a result of the first attorney doing nothing making me do all... View More
answered on Feb 15, 2024
Attorneys have an ethical obligation to provide you with copies of your file within a "reasonable" period of time. 3-months is "unreasonable". Contact the California State Bar and open a complaint. Provide copies of your "certified" letters. The certified letters are... View More
My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in... View More
answered on Nov 22, 2023
Call the police or go to the police station and make a police report. This will help you in your request to the court. You can always request an ex parte order for emergencies. If you don't have a family law attorney, request a facilitator. LA family law courts provide facilitators that are... View More
After driving about 2 hours from the rental place an accident happened right in front of us. I had to slam on the breaks and my kid came out of the seat and slammed into the seat in front of him. My daughters car seat moved but she did not sustain any injuries. My kid went to the er with neck pain... View More
answered on Sep 28, 2023
The rental agency does not have a duty to inspect seat belts. The reason you can't find an attorney is because your claim for a defective seat belt would be against the manufacture of the seat belt and the vehicle. As you can imagine... that would be very expensive to prosecute. The cost for... View More
The shower floor was a shower pan with no grip resistance. There were also no grip bars in the shower. The hotel supplied me with a gross mildewed stain bath mat that I did not use. I was taken to emergency and had to get my arm set. I developed a displaced malunion, a torn peripheral and TFCC... View More
answered on Sep 25, 2023
It sounds like you have a good case against the hotel. The hotel has an obligation to make sure their rooms are safe for people of all ages including those with disabilities. Grip bars are pretty basic and don't cost much so the hotel should installed them in every room to prevent injuries to... View More
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
answered on Sep 19, 2023
Yes you can sue someone beyond their insurance, however, if you settle your claim against the at-fault drivers insurance company, they will require you to "release" their insured from any further liability. So you either settle with the insurance company or you file a lawsuit. You... View More
answered on Aug 24, 2023
"Can" a lawyer represent both parties? Yes, as long as each client signs a Waiver of Conflict of Interest.
"Should" a lawyer represent both parties? There is an inherent conflict of interest.
2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear
ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.
VW... View More
answered on Jun 22, 2023
Airbag claims are very expensive because they are very litigious and highly dependent on the use of experts. You might be better off searching defective air bag attorney. Don't hire a lawyer just because they advertise as an air bag attorney... this is an area of law where you want someone who... View More
There was a resident in the same apartment complex who obstructed our pathway as we were just walking through a hallway. He was very crazy, hysterical and violent to us. He was charging toward us and waving his arms while yelling, cursing, and screaming at us. The incident was recorded on video... View More
answered on Jun 21, 2023
I think the more pertinent question is... does this crazy, hysterical person who lives in an apt. have sufficient financial means to satisfy a judgment? If you were not physically injured you might consider writing it off as a bad experience with a crazy person. If this person was violent... call... View More
Adjuster said they can’t give the entire settlement to me instead they need to issue payment separately such as compensation $2000 to me and reasonable medical bills related to auto accident up to $10,000 to doctors. I told them I am the responsible person to pay back and want to entire... View More
answered on May 26, 2023
The insurance company wants to deal with the medical providers bc the insurer will negotiate a lower bill and save some money. So if your bills are $10,000, the insurance company will offer substantially less to settle the debt and pocket the rest. You want to control the money so you can do the... 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 17, 2023
Insurance companies have a legal duty to protect hospitals for liens related to emergency services. The reason is because pro pers rarely pay off the liens so the law places the burden on attorneys and insurance companies. You might be able to get around this issue if your Release contains a clause... View More
Today my attorney emailed me saying he chooses not to represent me in a personal injury type of situation. He hasn’t given me any reason of why he chose not to continue with my claim. He dragged my case on for eight months since the start of my claim and just left me. I don’t know what to do... View More
answered on Mar 15, 2023
It is not illegal for an attorney to remove themselves from a case without stating a reason. Why? Well... because one day an attorney did just that... they removed themselves from representation for a specific reason. Later another attorney found out that the reason given was wrong. So guess... View More
personal injury case. I have an extensive work already done - depositions taken, witnesses asked), an expert hired, medical seen, but haven't done it with the defense lawyer's side on their end. Can I still represent myself with these court procedings instead of going out and hiring an... View More
answered on Feb 21, 2023
I'm not sure what you mean when you say you "haven't done it with the defense lawyer's side on their end."
Yes you can continue representing yourself.
This really boils down to a costs vs. benefits issue. Generally, if one side has an expert then all sides... View More
Personal injury lawyer never served complaint after filing it and summons. Complaint did not outline my case, my injuries or defendants negligence.
On (date): July 19, 2019 plaintiff was injured on the following premises in the following.
Prem.L-4.
fashion (description... View More
answered on Feb 20, 2023
I don't think you'll find a new lawyer to take over because your new lawyer would have to share fees with your current attorney. Sometimes filing is necessary to leverage a settlement. So there may be a valid reason for the lawsuit. However, there are some attorneys who will file a... View More
Plantiff finished deposition, requested defendant provide deposition, PL atty stated it wasn't necessary because defendant would just lie. My witness is scheduled for his deposition. Without reason or warning stated he is withdrawing from a case he stated was asking $300,000- 1 million.... View More
answered on Feb 16, 2023
Something is wrong with your case. It may be liability... it may be damages... it may be that the defendant is judgment proof or it may be your attorney grossly overestimated the value of your case. Attorneys are not in the habit of walking away from a potential $1mil. settlement. Right? I suspect... View More
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.