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Questions Answered by Edward A. Smith
2 Answers | Asked in Wrongful Death for California on
Q: Tenant's relative was accidently drowned in the pool. The tenant filed wrongful death. What should I do?

I rented my property to a tenant. Her mother had Alzheimer, which I did not acknowledge before she signed the lease. Last year her mother was found drowned in the pool. Now the tenant filed a lawsuit for wrongful death. The insurance doesn't cover human injure. Short of money due to... Read more »

Edward A. Smith
Edward A. Smith answered on Jan 18, 2021

I have almost ever seen an insurance policy on a residence of apartment that does not cover Wrongful Death. Who told you that it does not cover that? Ed Smith

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3 Answers | Asked in Personal Injury for California on
Q: I am a plaintiff in a personal injury case. Defendant filed a Summary Judgement which was denied.

This is a personal injury slip and fall case. Defendant is not interested in mediation and has filed a 998 with the offer for me to dismiss the lawsuit and waive all cost. My court date is 3 months away. Now my attorney says they might be interested in offering me a small nuisance settlement. I... Read more »

Edward A. Smith
Edward A. Smith answered on Nov 26, 2019

Something doesn't sound right here. Is this a disputed liability case? How did you fracture your knee. Do you have a trial date yet? It may not be too late to substitute another attorney, but it depends on how close to trial you are or whether you will be able to get a continuance.

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4 Answers | Asked in Personal Injury and Products Liability for California on
Q: Under what conditions can a person withdraw their agreement to a settlment if the defendant has not paid in a year?

Mesh I'm a victim up I'm a victim of transvaginal mesh I signed my settlement over a year ago and now I need additional surgery they still have not paid me and I want out of the contract

Edward A. Smith
Edward A. Smith answered on Mar 13, 2019

Reach out to your attorney who represented you for your original settlement to discuss this matter. I do not know the particulars of your case. Since I did not represent you for the initial case, I cannot state if you have money set aside from your settlement for future treatment.... Read more »

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3 Answers | Asked in Personal Injury for California on
Q: I was at-fault in a car accident last year. I am a California resident.

My insurance company has advised me that the other driver is asking for more money than my policy covers. I am 70, on Social Security. I also have self-directed IRA from which I am taking monthly Required Minimum Distributions. Question: How can I protect (or minimize exposure) my IRA from lawsuit?

Edward A. Smith
Edward A. Smith answered on Feb 5, 2019

If you file Bankruptcy, your IRA is protected up to 1 Million Dollars.

They will likely go away.

Ed Smith

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4 Answers | Asked in Car Accidents for California on
Q: What rights does an uninsured driver have if they were severely injured in a car accident at no fault of their own?

My mother was recently in a car accident that left her with extensive neurological and spine damage, I want to know what her rights are and who I/we should be pursuing legal action against. The other driver hit her vehicle from the rear, the damages to the vehicle and treatment for her injuries... Read more »

Edward A. Smith
Edward A. Smith answered on Jan 24, 2019

Your mom should hire an experienced personal injury lawyer immediately. The most important question if responsibility is clear and if your mom has permanent injuries is the amount of insurance of the other driver as well as the owner (And the employer if the other driver was working at the time).... Read more »

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