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California Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for California on
Q: Is it neglect that I went to the dentist office and I got a wisdom tooth extracted and my molar with a cavity was broken
James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about what happened during your dental visit. If your molar with a cavity was broken while extracting your wisdom tooth, this might be considered neglect or malpractice.

It's important to document everything that occurred, including getting copies of your dental...
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1 Answer | Asked in Personal Injury, Elder Law and Medical Malpractice for California on
Q: My 100% Disabled Vietnam Veteran was sent home from local Hospital's Emergency Rooms while having Strokes!

He is now paralyzed on both sides, could not breath, speak, eat or drink without a tube & the same Hospital did it 5 years

ago & they did it again & two more did it too!? Happened April 2024 & so wrong! Hospital promised would be more attentive to Veterans & Elders in a... View More

James L. Arrasmith
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answered on Oct 9, 2024

I'm truly sorry to hear about what your family is going through. It's important to take immediate action to address the mistreatment your father has experienced. Start by documenting all incidents, including dates, times, and the names of any staff involved. This information will be... View More

1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: Im 23. 2 years ago I got a 52-50 and then 6 months later got 51-50. Google says I have a lifetime ban from guns

I have been hunting my whole life and have my hunting license since 12 and still have one in pocket up to date. I’m not a danger. The past 2 years I been going to a therapist and have like 100 or whatever good visits. My therapist says I should have no problems getting my rights back and the ban... View More

James L. Arrasmith
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answered on Oct 8, 2024

In California, restoring your gun rights after a conviction involves a specific legal process. You will likely need to petition the court to have your rights reinstated, demonstrating your rehabilitation and good behavior since your convictions. Gather all relevant documents, such as proof of your... View More

1 Answer | Asked in Personal Injury for California on
Q: Proper submitting of SUBP-010 to court to issue subpoena, when SUBP - 025 required..

Is proof of service of SUBP-025 required to be filed with court, before Court issues SUBP-010 to in Proper Plaintiff?

James L. Arrasmith
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answered on Oct 8, 2024

When submitting a SUBP-010 to the court, it’s important to follow the correct procedure. You don’t need to provide proof of service for SUBP-025 before the court can issue SUBP-010 to the plaintiff. The SUBP-010 is the initial subpoena form that you file with the court to request documents or... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: So should I have been more specific like “medical negligence, clinical negligence, or medical errors”

in reply to the answer

Went in for Colonoscopy and got my kidney punctured developed sepsis,severe anemia

James L. Arrasmith
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answered on Oct 7, 2024

When you experienced an injury like a punctured kidney during a colonoscopy, it's important to be as clear and detailed as possible when describing what happened. In a medical malpractice claim, terms like "medical negligence" or "medical errors" are helpful because they... View More

1 Answer | Asked in Civil Litigation and Personal Injury for California on
Q: I need help I need an attorney I am a victim a voice to skull technology

I'm also a victim of auditory microwave electronic harassment and the person is doing this to me set me up to go to jail for 3 years

James L. Arrasmith
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answered on Oct 6, 2024

It sounds like you're going through a very difficult and overwhelming situation. Experiencing harassment and being wrongfully accused of something is extremely serious, and you deserve support in addressing these issues. Voice to skull technology and electronic harassment are not widely... View More

2 Answers | Asked in Employment Discrimination, Employment Law, Personal Injury and Civil Rights for California on
Q: I work for a school district, I run a kitchen, My VP has yelled at me, kept me from doing my job he has talked about me

I work for a school district, I  run a kitchen, My VP has yelled at me, kept me from doing my job he has talked about me , lied about me  I reported it to my manager and they did nothing even though they seen it..I found out he told my custodian that he can keep me in line because he is close... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 6, 2024

Determine if you have a case by conferring with employment attorneys. Even if you have not been fired a search for “wrongful termination lawyers” will get you to the correct attorneys.

Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

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2 Answers | Asked in Personal Injury for California on
Q: Am I being represented fairly?

In December 2022 I was involved in a vehicle/cyclist accident, me being the cyclist. Emergency room doctors and diagnostic tests diagnosed me with a compression fracture deformity of the T11 and T12, thoracic and cervical sprain with myospasm, and lumbar radiculopathy discitis. I sought lawyer... View More

Haleh Shekarchian
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Haleh Shekarchian
answered on Oct 5, 2024

You should ask for a copy of your file in writing from your attorney. Then you should make an appointment and see anyone of us on Justia for a free consultation. We need to review the file to see why the first offer made by the insurance is so low. Has the attorney negotiated to try to get a... View More

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1 Answer | Asked in Personal Injury, Appeals / Appellate Law and Civil Litigation for California on
Q: How do I get Justice in correcting the court reporters transcript that intentionally substituted false statements

Instead of actual statements that happened during trial.

James L. Arrasmith
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answered on Oct 3, 2024

I'm sorry you're facing this situation. Start by thoroughly reviewing the transcript to identify all incorrect statements. Document each discrepancy with as much detail as possible, including references to specific parts of the trial where the accurate statements occurred.

Next,...
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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was in a car wreck in April 2024 we we. re toned flipping the truck over
James Clifton
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James Clifton
answered on Oct 1, 2024

First, seek medical attention for your injuries and follow through with treatment. In order to be fully compensated, doctors will whether you will fully recover or if there are injuries that may be permanent.

Second, keep records of the accident including witness information, the police...
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1 Answer | Asked in Environmental and Personal Injury for California on
Q: I had thyroid cancer in 2010 and had my thyroid removed.could I qualify for the pfas mass torte?
James L. Arrasmith
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answered on Oct 1, 2024

Qualifying for the PFAS mass tort depends on several factors, including the exposure to PFAS chemicals and a direct link to your thyroid cancer. PFAS (per- and polyfluoroalkyl substances) are man-made chemicals found in many consumer products and can be associated with various health risks. If you... View More

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have a lawsuit against this business for burning me?

I recently went for fire cupping and ended up with second degree burns. Clusters of blisters and some of my skin was completely ripped off. She told me it was just because my skin was sensitive, and that it wasn't a big deal and that no treatment was needed. After feeling severe discomfort I... View More

William John Light
William John Light
answered on Sep 30, 2024

It sounds like you have a claim. Take pictures of your injuries as they heal and scar (if they do), follow up with dermatology appointments. If an accupuncturist's office performed the cupping, you should make a complaint with the Accunpuncturist Board... View More

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1 Answer | Asked in Personal Injury, Domestic Violence, Landlord - Tenant and Libel & Slander for California on
Q: I live in California w boyfriend in his trailer for about 5 months now. What kind of rights do I have as a resident.

He has been verbally abusive and has threatened to kick me out. He had a woman hit me for some made up story he made up to have her hurt me..he is manipulative and has caused much pain and suffering. He kicks me out then allows me to come back only to kick me out again. I want to know from a legal... View More

James L. Arrasmith
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answered on Sep 29, 2024

In California, even if you’ve lived in your boyfriend’s trailer for only a few months, you may have tenant rights under the law. Since you’ve been residing there for about five months, you could be considered a tenant, which means he cannot simply kick you out without going through proper... View More

1 Answer | Asked in Personal Injury for California on
Q: Particular records are necessary from custodian of records - fax communication, from non-party to lawsuit.

During discovery in California particular records are necessary from custodian of records, non-party to lawsuit.

What form should be used to obtain consent for subpoena from owner of fax communication to sign release of information? (In addition to SUBP-010)

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answered on Sep 28, 2024

To obtain consent for a subpoena in California from a non-party custodian of records, you'll typically need a written authorization from the owner of the fax communication. In addition to using form SUBP-010 (Deposition Subpoena for Production of Business Records), the party should also... View More

1 Answer | Asked in Personal Injury for California on
Q: consent for subpoena from witness non-party to lawsuit , owner of fax communication to sign release of information

During discovery in California. What is the form to obtain consent for subpoena from witness non-party to lawsuit , owner of fax communication

to sign a release of information?

James L. Arrasmith
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answered on Sep 28, 2024

In California, if you need to obtain consent from a non-party witness, such as the owner of a fax communication, to release information during discovery, you generally need to request a signed authorization. This allows you to legally obtain the records without violating privacy laws. You will... View More

1 Answer | Asked in Personal Injury for California on
Q: What statute or rule define request to answer questions as SUBP-010 for records?

What statute or rule of court define Subpoena on non-party during discovery , with request to answer questions as SUBP-010 for records?

James L. Arrasmith
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answered on Sep 28, 2024

In California, a subpoena like SUBP-010, which involves a request for records from a non-party during discovery, is governed by the California Code of Civil Procedure. Specifically, **Section 2020.410** allows for the issuance of a subpoena to compel the production of documents, electronically... View More

1 Answer | Asked in Personal Injury for California on
Q: Business records subpoena as answers to questions by non-party

Can a party to lawsuit request from non-party during discovery records as answers to questions by non-party?

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answered on Sep 28, 2024

Yes, a party to a lawsuit can request records from a non-party during discovery, but it has to be done through a business records subpoena. This allows the party to obtain documents, electronically stored information, or other records that are relevant to the case.

The subpoena must be...
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1 Answer | Asked in Personal Injury for California on
Q: Are answers by non-party under subpoena to questions are legally considered business records?

Are answers by non-party under subpoena to questions during discovery are legally considered business records?

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answered on Sep 28, 2024

No, answers by a non-party under subpoena to questions during discovery are not typically considered business records. Business records generally refer to documents that are created and kept in the regular course of business, such as invoices, contracts, or employee records. The information... View More

1 Answer | Asked in Personal Injury for California on
Q: Notice of written deposition to non-party during discovery. Format.

What rule or CCP defines format of notice of deposition to non-party under subpoena during discovery?

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answered on Sep 29, 2024

In California, the rules for the format of a notice of deposition to a non-party are primarily governed by the California Code of Civil Procedure (CCP). Specifically, CCP § 2020.310 details the requirements for deposing a non-party, which includes the need to issue a deposition subpoena. The... View More

1 Answer | Asked in Personal Injury for California on
Q: Shall notice of written deposition to non-party under subpoena be on legal format with case title?

Shall notice of written deposition to non-party under subpoena be on legal format with case title?

James L. Arrasmith
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answered on Sep 29, 2024

Yes, the notice of written deposition to a non-party under subpoena should include the legal format and case title. This is important because it formally identifies the case and makes it clear who is involved and under what legal authority the deposition is being requested.

The case title...
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