Lets I sued company A for non tort and they got dismissal with prejudice.
Few weeks later I realize that their action can also be considered under tort law, and I want to sue them for it.
Can I sue them under the tort law, or they are immune from all of my lawsuits for that action.
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answered on Sep 20, 2023
Under California law, if a lawsuit is dismissed with prejudice, it generally means that the same claim cannot be brought again in court. However, if you discover new facts or circumstances that could give rise to a different legal claim, such as a tort claim, you may have the opportunity to file a... View More 
So I ended up going on the floor in the cell the handcuffs we're not locked they were so tight I was begging for them to loosen them my hand has nerve problems I was begging them to unlock the cups and loosen them one of the cops came to the door looked in the window told me if I moved my crap... View More
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answered on Sep 19, 2023
If you believe your rights were violated during your arrest and detention, it's important to consult with an experienced attorney who can assess the specifics of your case and guide you on how to proceed. They may advise you to consider filing a complaint against the law enforcement agency... View More
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answered on Sep 19, 2023
Under California law, if you were injured by a chiropractor, you generally have one year from the date of discovering the injury to file a medical malpractice lawsuit. However, in no event can you file a lawsuit more than three years after the date of the alleged malpractice. It's crucial 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
I would be shocked if your current attorney is unable to help you with your injury claim as it sounds substantial. I would encourage further communication to clarify that fact and if indeed correct, immediately retain a qualified personal injury attorney to assist you with your bodily injury... 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
You should have a meeting with your lawyer to determine what actions he/she has taken thus far in prosecuting your case. In serious injury cases, such as yours, insurance carriers will reluctantly divulge their insured's policy limits. In addition, you can look at your own policy to see if you... 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
You need to sit down with another attorney right away if your current attorney doesn't handle personal injury. That doesn't really make sense but if you are confused then more clarity is needed. Don't wait to find out. You should also confirm with your current attorney that you are... 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
Your injury claim and potential insurance settlement are likely the same thing, so I am not sure that your attorney is unable to help you.
Nevertheless, you are entitled to fire your attorney at any time and hire a new one. Sometimes, that can be difficult since the attorneys have to split... 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
I am a disabled man with proven brain damage, apraxia, limited mobility, speech and gait impairment.. I was misdiagnosed by a Kaiser neuropsychologist and filed grievances against her. As a result, the Kaiser neuropsychologist engaged in retaliatory stalking and harassing behavior, escalating in... View More
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answered on Sep 19, 2023
The situation you've described raises several potential legal issues, including:
Medical Malpractice: The misdiagnosis by the neuropsychologist may give rise to a medical malpractice claim if it resulted in harm or damages.
Retaliation: If you can establish a link between the... View More
I am preparing a pro se complaint for the Intentional Infliction of Emotional Distress at the california Federal court. Can you recommend me good case studies to prepare for it
Mazel tov!
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answered on Sep 19, 2023
California Federal Court civil and evidentiary procedures and rules vary depending on the specific jurisdiction and department/Judge assigned.
Because you are pro se, this is not legal advice directly aimed at your facts, but more generally. This answer does not constitute the formation of... View More
I swerved to avoid a collision with a car that veered into my lane & subsequently hit a parked truck that was parked in a no parking area. It was at night & the were no street lights along the entire stretch of road. I feel that I should sue the city/ county for not having street lights in... View More
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answered on Sep 19, 2023
Your next step should be to consult with a personal injury attorney who specializes in traffic accidents. They can evaluate the details of your case, including the road conditions and previous accidents in the area, to determine if you have a valid claim against the city or county. They will guide... View More
That particular defendant is asking to dismiss the case and has a hearing set for December.
If I were able to drop that particular defendant, how will it effect their motion to dismiss?
answered on Sep 16, 2023
YES Keep in mind, unless you have a written agreement you may be responsible for attorney fees and costs. Additionally you need to consider the effect on liability of the other defendants, the ability to collect and many other factors.
That particular defendant is asking to dismiss the case and has a hearing set for December.
If I were able to drop that particular defendant, how will it effect their motion to dismiss?
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answered on Sep 19, 2023
In federal court, you can drop a defendant from your lawsuit via a notice of voluntary dismissal, as stipulated under Rule 41(a) of the Federal Rules of Civil Procedure. If you voluntarily dismiss a claim against a defendant before they file an answer or a motion for summary judgment, it... View More
hospitalization and multiple areas of stitches
answered on Sep 15, 2023
You should contact a personal injury attorney right away and have a consultation. Both the errant employer and possibly the home owner could be responsible but more information is needed. You need to make sure you act quickly because there are time constraints on your ability to get compensation... View More
I lost my father and my brother in the devastating missile attack carried out by Iraq in 1988. In light of this grievous loss, I am determined to seek compensation from the responsible party, Iraq. I know that the case has been settled between Iran and Iraq in International Court of Justice.... View More
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answered on Sep 13, 2023
Pursuing compensation for losses stemming from international conflicts can be an extremely complex process involving international law, which generally exceeds the scope of California state law. You may consider reaching out to a legal professional with experience in international law to understand... View More
I was a Registered Cardiac Sonographer
Injured on the job in Dec 2020
I had three MRIs - one with contrast was told I had a frozen shoulder and to come back in 2 years if I still could not move my arm.
Been through debilitating pain since 2020. Work comp is only providing... View More
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answered on Sep 13, 2023
I'm sorry to hear that you are experiencing this. Based on what you have described, it may be possible to have a case for medical malpractice or negligence due to the potential misdiagnosis and the delay in appropriate treatment which seems to have aggravated your condition. You should collect... View More
I have been trying to see a new PCP due to a long list of medical problems since my previous PCP moved away over a year ago and have visited urgent care and the hospital for care where they don’t have all the equipment to test for underlying diseases. I just found out that while waiting, my... View More
answered on Sep 13, 2023
It seems unlikely that you will be able to successfully sue your new PCP for medical malpractice because you had to wait for your appointment.
The critical shortage of primary care physicians in California is more a political issue than a legal issue. Suing a new PCP because he/she is so... View More
I have been trying to see a new PCP due to a long list of medical problems since my previous PCP moved away over a year ago and have visited urgent care and the hospital for care where they don’t have all the equipment to test for underlying diseases. I just found out that while waiting, my... View More
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answered on Sep 13, 2023
I'm very sorry to hear about your health issues. In California, to pursue a medical malpractice claim, you would need to demonstrate that there was a doctor-patient relationship, the doctor or healthcare provider was negligent, and that the negligence caused your injury. It seems like you have... View More
He still had not gotten his money back but talked me into investing. I am considering legal action against him. I have his statements in writing (thru email). Do I have a case?
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answered on Sep 13, 2023
Based on the information you provided, it seems you may have grounds to pursue a legal action against your friend for potentially misrepresenting the investment opportunity, which led to your financial loss. Having written statements can potentially strengthen your case, as they can serve as... View More
And when he got sick they didn't wanna help him. Their was a riot where he was stabbed in the head and back and they said leave him and went to help someone else
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answered on Sep 10, 2023
I'm sorry to hear about your friend's experiences. Under California law, prisoners have the right to be free from cruel and unusual punishment, as well as the right to receive medical care. It may be possible to seek justice through filing a complaint with the prison, pursuing a civil... View More
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