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Questions Answered by Randall R. Walton

3 Answers | Asked in Civil Litigation, Personal Injury and Elder Law for California on

Q: Why is it so difficult to find a lawyer for Dependent Adult Financial Abuse case when EADACPA awards attorney fees?

The case is well documented, proven and the crime has even been admitted to under oath in federal court....it seems as if there are few (none) attorneys familiar with or interested in taking a civil case involving financial abuse of a dependent adult. The Elder Abuse Dependent Adult Civil... Read more »

Randall R. Walton answered on Jun 19, 2019

It is not clear what you mean when you say the case has already been "proven" in court, but the remedies of attorneys' fees and punitive damages you mention are only realized after a verdict. That means your case must be tried, which you probably know is a long and expensive pathway. If your case... Read more »

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5 Answers | Asked in Personal Injury for California on

Q: Live in California and was injured in Hawaii on vacation.

Can I sue a large chain store in California or must action be filed in Hawaii?

Randall R. Walton answered on Jun 2, 2019

Your best bet would be to talk to a personal injury lawyer on the island where you suffered the injury. In cases like this, I think hiring local counsel is usually the best way to go. Good luck.

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3 Answers | Asked in Personal Injury for California on

Q: I had an operation by a doctor and post-op I passed out and hit my head so hard I fractured it yeah I repeatedly told hi

nobody did anything or listens and then I ended up passing out when they left me alone in a room in a wheelchair on the hard floor and fractured my school days later I had spinal fluid leaking on my ear I had to see a neurosurgeon in my neurologist diagnose me with post-concussion syndrome which is... Read more »

Randall R. Walton answered on Nov 14, 2018

You should consult a lawyer. You might have a case for the doctor's (office) leaving you alone when maybe they shouldn't have, but it depends on many factors. Don't wait either. The statute of limitations for a medical malpractice case is shorter that a typical personal injury casee.

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4 Answers | Asked in Car Accidents for California on

Q: In April I was in an accident I ended up having to get my leg amputated I was driving had blow out

Randall R. Walton answered on Aug 16, 2018

I assume you mean you had a tire blowout. If so, so you still have the tire? You'll have to prove that your crash was the fault of someone other than you. There are tire defects sometimes but you would need to have the tire examined by an expert. Good luck.

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2 Answers | Asked in Nursing Home Abuse for California on

Q: Does the whole family need to be a part of a nursing home lawsuit, or can one member file if they want?

Randall R. Walton answered on Jun 5, 2018

It depends. If the nursing home resident is living, then usually that person is the only person who can bring a suit for nursing home neglect or abuse. If the person has died as a result of poor treatment, and there is a case for wrongful death, then California law requires that certain heirs be... Read more »

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4 Answers | Asked in Animal / Dog Law and Personal Injury for California on

Q: If a dog gets out of my yard and jumps on a person can they sue me?

Randall R. Walton answered on Jan 11, 2018

As a general proposition, yes, you can be sued if your dog got out, jumped on someone, and injured them.

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1 Answer | Asked in Nursing Home Abuse for California on

Q: I just discovered my grandmother has developed a bed sore in her care facility - what should we do here?

Randall R. Walton answered on Sep 29, 2017

First and foremost, make sure her caretakers know about it so she can get appropriate treatment. From a liability standpoint, more facts would need to be known. Developing a bed sore in of itself doesn't mean someone was negligent. It can happen under the best of circumstances. How it developed,... Read more »

3 Answers | Asked in Arbitration / Mediation Law and Personal Injury for California on

Q: Is it common practice for a lawyer to set up a personal injury trial date even before a mediation hearing has happened?

I understand that my attorneys charge rate goes up after a trial date is set, I however thought that a trial date was to be set after failing to reach. Settlement during mediation/arbitration. A month agoI recieved a letter stating that a trial date has been set for the summer of 2018. Now 1 week... Read more »

Randall R. Walton answered on May 31, 2017

It's not clear what jurisdiction you are in, but in San Diego there is a case management conference a few months after the lawsuit is filed. At that conference, the judge will ask if the parties are interested in mediation, and, if so, require that it be completed by a certain date. The trial date... Read more »

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4 Answers | Asked in Car Accidents for California on

Q: I was in a car accident December 2015 and hurt really bad almost died went through physical ther and submitted my do and

and Records to the insurance company and they keep putting me off now and the deadline is coming up what should I do

Randall R. Walton answered on Mar 15, 2017

If you had to undergo significant medical care after your accident, you would be well-served by talking to a qualified personal injury lawyer. You should not delay. Best of luck.

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1 Answer | Asked in Insurance Bad Faith for California on

Q: I was injured in a mototrcycle accident, other driver at fault. The medical was covered. The repair took 4+ months

They will pay me $30.00 a day for loss of use. For over 2-1/2 months, I could not use a rental due to injuries. I did not rent @ $165.00 a day (Harley Davidson) for the balance time until the repairs were completed. Is the insurance company obliged to pay me $30.00 a day, or $165.00 a day.

Randall R. Walton answered on Apr 24, 2014

Typically the availability of a rental vehicle is a function of the insurance policy, which here sounds like a $30 per day provision. You're probably limited to $30 per day, but its' worth asking to read the policy.

2 Answers | Asked in Personal Injury for California on

Q: I had a tentative ruling in my California lawsuit. How long does it take the judge to view or reach his final decision?

If you have additional details about your question fill them here

Randall R. Walton answered on Dec 8, 2010

The short answer to your question is that it depends on the judge and the type of case. In most courtrooms, however, the court will issue a tentitive ruling prior to an oral argument so that the parties and their lawyers know what judge is thinking, and to focus the oral argument. After the oral... Read more »

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1 Answer | Asked in Car Accidents for California on

Q: If someone rear ends me and we don't go through insurance how can i collect the money owed me if she isn't paying me?

Randall R. Walton answered on Dec 2, 2010

Is this agreement between you and the negligent driver in writing? That would be a starting point to determine how you can enforse this agreement. A better question would be, why did you agree not to go through insurance? If the accident occurred less than three years ago, you could probably just... Read more »

2 Answers | Asked in Personal Injury for California on

Q: I was riding my bike downhill on a city street, hit a pothole, flipped off my bike, & broke bones. Can I sue the city?

Randall R. Walton answered on Dec 2, 2010

Maybe. Suing a governmental entity for a defect in public property is usually a tough case. In many ways it depends on the size of the hole and whether the city was aware of it (or should have been aware of it). It also depends on your conduct. The law, of course, assumes you're going to ride your... Read more »

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1 Answer | Asked in Personal Injury for California on

Q: In computing an injured plaintiffs medical economic loss damages, where plaintiff's insured negotiates a cash payment

Of plaintiff's medical expenses in an amount less than the medical provider billed "customary and usual charges" can plaintiff recover from the defendant tort-feasor the full amount of the billing?

Randall R. Walton answered on Dec 2, 2010

Yes, usually, but to completely answer this question it would be helpful to know how the medical bills were paid to the provider. The answer might be different if the bills were paid in cash, private insurance, or a public plan such as Medicare or Medi-Cal.

1 Answer | Asked in Medical Malpractice for California on

Q: What does a medical malpractice lawyer do?

Randall R. Walton answered on Nov 4, 2010

A medical malpractice lawyer is a lawyer that sues health care providers for negligent care. In California, "health care provider" has a specific definition, but generally refers to doctors (M.D., D.C.), nurses, hospitals, and nursing homes. To determine whether care was "negligent," the medical... Read more »

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