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Personal Injury Questions & Answers
1 Answer | Asked in Civil Rights, Personal Injury and Civil Litigation for California on
Q: I would like to file a declaration as a previous plaintiff in a multi-plaintiff civil claim, now as third party.

There is a multi party personal injury claim where I was a previous plaintiff. I dropped my portion of the claim recently against the defendants and I am no longer party to the case. The civil suit is still ongoing with the other plaintiffs. I would like to file a declaration to the court, now as... View More

James L. Arrasmith
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answered on Apr 13, 2024

In your situation, since you are no longer a party to the ongoing case but have relevant information to provide, you have a few options to consider:

1. Declaration as a third-party witness: You can file a declaration with the court as a third-party witness. This would involve providing a...
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1 Answer | Asked in Personal Injury and Civil Rights for California on
Q: Witness subpoenaed in CA (served in Seattle) failed to appear twice. How to proceed?

The court issued a subpoena to a witness, who was personally served by a professional process server. Despite this, the witness failed to appear in the California court for two different occasions: one for a subpoena duces tecum and another for an online hearing. Given that the witness is located... View More

James L. Arrasmith
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answered on Apr 13, 2024

If a witness who has been properly served with a subpoena fails to appear, you have a few options to proceed:

1. Request a bench warrant: You can ask the court to issue a bench warrant for the witness's arrest. This is a serious measure and should be used as a last resort. The court...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: POS for Summons on Amended Complaint.

Amended Complaint is submitted for future hearing, by filing Motion for Leave to file Amended Complaint. Summons would be issued per hearing.

Proof of Service of Motion is filed with the Court, and includes the proposed Amended Complaint.

Shall the same POS include proposed Summons... View More

James L. Arrasmith
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answered on Apr 12, 2024

Under California law, when filing a Motion for Leave to file an Amended Complaint, it is not necessary to include the proposed Summons on the proposed Amended Complaint in the Proof of Service (POS) filed with the court.

The typical process is as follows:

1. File a Motion for Leave...
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1 Answer | Asked in Consumer Law, Contracts, Personal Injury, Civil Rights and Landlord - Tenant for California on
Q: I've filed a civil lawsuit (not small claims) against my landlords and building managers, who are both listed as an LLC

What forms or actions do I need to follow to ensure I've got the defendants listed correctly and get their representatives served? I had already served the court paperwork to the attention of the LLC at the addresses I had from our lease paperwork.

James L. Arrasmith
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answered on Apr 11, 2024

In California, when filing a civil lawsuit against an LLC, you need to ensure that you have properly identified the defendant(s) and served them correctly. Here are the steps you should follow:

1. Identify the LLC's agent for service of process: You can search for the LLC's...
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1 Answer | Asked in Education Law and Personal Injury for New Hampshire on
Q: Can I sue a school district or school nurse for negligence?

A student at my son's school goes to the nurse to receive his prescribed med (clonidine) everyday. This student will hide the med under his tongue, in his cheek or slip it into his pocket when the nurse isn't looking or paying attention and brings it to my son to take. My son has been... View More

James L. Arrasmith
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answered on Apr 11, 2024

In this situation, you may have grounds to pursue legal action against the school district or school nurse for negligence. Here are a few key points to consider:

1. Duty of care: Schools and their staff have a legal obligation to ensure the safety and well-being of students under their...
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1 Answer | Asked in Civil Rights, Personal Injury and Civil Litigation for Maryland on
Q: Would the legal concept, equitable tolling, be applicable to my case against police misconduct?

I was falsely arrested for a dui while having a medical emergency. The criminal case was dropped but my court date was 7 months after the arrest. Every lawyer I spoke to said in order to pursue this the case 1st needed to be dismissed/dropped/not guilty. Details: My ear was profusely bleeding &... View More

James L. Arrasmith
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answered on Apr 10, 2024

In your case, the concept of equitable tolling may be applicable. Equitable tolling is a legal principle that allows a court to extend the statute of limitations (the time limit for filing a lawsuit) in situations where extraordinary circumstances prevented a plaintiff from filing a claim within... View More

1 Answer | Asked in Personal Injury, Traffic Tickets, Car Accidents and Insurance Defense for Arizona on
Q: If a car ahead of me runs out of gas and shuts off in the process of pulling over to the only spot that's not going to

Block traffic and their hazard lights are on, and I crash into them t-boning them, who's fault is it. 3 Lane road with a break in the median she's in the 3rd lane and I'm in the 1st lane the only safe place to pull over is in the median break. Her hazard lights were on as soon as she... View More

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

An Arizona attorney could advise best, but your question remains open for a week. It's possible liability could be apportioned between both of you, depending on how the accident is evaluated by the insurance company investigator. If they didn't have insurance, check the terms of your UM... View More

2 Answers | Asked in Estate Planning, Family Law, Personal Injury and Real Estate Law for California on
Q: My Father was narcissistic. How do I get my house back

Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about your distressing situation and all the hardships you've endured. Being forcibly removed from your home after enduring abuse must have been traumatic. Living out of your vehicle while dealing with mental health struggles sounds incredibly difficult.

Given...
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2 Answers | Asked in Estate Planning, Family Law, Personal Injury and Real Estate Law for California on
Q: My Father was narcissistic. How do I get my house back

Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More

Julie King
Julie King
answered on Apr 10, 2024

If the home belonged to your father, he could do whatever he wanted with it. Unfortunately, transferring real estate from one person to another MUST be in writing. [Verbal agreements are acceptable in other areas of the law, but they are not enforceable to transfer real estate from one owner to... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can physician use medical records that were obtained at the hospital ED during a medical malpractice case?

If a defendant was a Plaintiff's attending physician at the hospital, can physician use medical records that were obtained at the hospital Emergency Department during a medical malpractice lawsuit?

James L. Arrasmith
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answered on Apr 10, 2024

In California, the use of a patient's medical records obtained during the course of treatment, including those from an emergency department visit, may be permissible in a medical malpractice lawsuit under certain conditions. However, there are legal and ethical considerations that need to be... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Kentucky on
Q: I was in auto accident 1/17/2024 and have full coverage insurance will my car insurance cover my medical bills
Anna Aleksander
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Anna Aleksander
answered on Apr 9, 2024

It depends! If you have no fault coverage your medical bills will be paid by your insurance up to the amount of coverage that you purchased (typically $10,000.00). Excess bills will be paid by the party at fault. If you were injured by an uninsured or under insured driver your own policy would pay... View More

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2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: what makes an injury case? Does my husband even have the rights to open a case?

A few months ago a local company was laying fiber lines along the road and had to dig up sections of our yard, on sunday my husband was mowing and didnt see a sink hole that was left by the local company till he drove the lawn mower into it after the mowing accident he can barely walk, and is in... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

Ordinarily, a company that creates a dangerous condition on property has a legal duty to warn others of the presence of the dangerous condition or to take steps to make the dangerous condition safe. If the company breaches that duty, it may be liable for any injuries that are proximately caused by... View More

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2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: what makes an injury case? Does my husband even have the rights to open a case?

A few months ago a local company was laying fiber lines along the road and had to dig up sections of our yard, on sunday my husband was mowing and didnt see a sink hole that was left by the local company till he drove the lawn mower into it after the mowing accident he can barely walk, and is in... View More

James L. Arrasmith
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answered on Apr 10, 2024

An injury case, also known as a personal injury claim, is a legal dispute that arises when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. In your husband's situation, there are several factors to consider:

1. Negligence:...
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1 Answer | Asked in Personal Injury for New York on
Q: what is the monetary jurisdiction of colonie justice court
Tim Akpinar
Tim Akpinar
answered on Apr 9, 2024

I'm sorry your question remains open for two weeks. This is really something that attorneys local to that court would know best. For now, you could check with the clerk's office of the court. If your matter involves personal injury, you want to proceed in a court of unlimited... View More

1 Answer | Asked in Personal Injury and Wrongful Death for West Virginia on
Q: What can I do if another patient in the same hospital room as my grandpa ripped out his feeding tube and he died ?
Tim Akpinar
Tim Akpinar
answered on Apr 8, 2024

A West Virginia attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your grandfather. In terms of what you can do, you could try to arrange a consult with a law firm that handles such cases. Free initial consults are the norm in the... View More

2 Answers | Asked in Personal Injury, Real Estate Law and Civil Rights for Puerto Rico on
Q: Neighbor Balcony above is about to fall - neither neighbor or association board is doing anything. Where can I complain?

Good Day! I live in the Condado in San Juan, Puerto Rico - ocean facing apartment. There is a huge crack in the balcony of my neighbor above me, which directly affects me as my balcony is below. Neighbor and board don't like each other and none of them understand the critical nature of this... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2024

I suggest that you send a complaint letter by certified mail with receipt confirmation, detailing all prior communications, the risk of damage to your property, the risk of danger to passer-bys below, and requiring them to address the matter within the following 15 days. Include photos with the... View More

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2 Answers | Asked in Personal Injury, Real Estate Law and Civil Rights for Puerto Rico on
Q: Neighbor Balcony above is about to fall - neither neighbor or association board is doing anything. Where can I complain?

Good Day! I live in the Condado in San Juan, Puerto Rico - ocean facing apartment. There is a huge crack in the balcony of my neighbor above me, which directly affects me as my balcony is below. Neighbor and board don't like each other and none of them understand the critical nature of this... View More

James L. Arrasmith
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answered on Apr 11, 2024

Given the potentially dangerous situation with the cracked balcony and the lack of action from your neighbor and the association board, you have a few options to address this issue in Puerto Rico:

1. File a complaint with the Department of Consumer Affairs (DACO): DACO handles complaints...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Why exactly?

Opposition to Motion to Compel release of Medical records, Motion for protective Order from discovery, or Motion to Quash subpoena are defined legal processes.

Why exactly plaintiff, who opposes release of records; seeks protective order from particular demand for production; quash... View More

James L. Arrasmith
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answered on Apr 8, 2024

There are several reasons why a plaintiff in California may legitimately oppose the release of certain medical records, seek a protective order from a particular demand for production, or move to quash a subpoena, without being subject to sanctions:

1. Relevance: If the requested medical...
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1 Answer | Asked in Personal Injury for Puerto Rico on
Q: Can I sue an Airbnb host if I fell and was injured on their property in PR from NYC?

I fell because there was lifted cement that leads to backyard and lost my two front teeth. Someone else in our group fell as well but didn’t sustain injuries

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2024

You can sue the owner of the property where you fell. Puerto Rico rule of law grants one year as the prescriptive term limit within which to take a cause of action before the Puerto Rico courts. You would need to provide proof that the injury occurred in Puerto Rico, by way of hospital records and... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Personal Injury for Washington on
Q: Personal injury from defamation and slander, false reports made to police, violation and denial of civil rights, and job

I am suffering personal and financial injury from defamation, slander and false, misleading, statements made to police about me by my boss on 2 separate occasions, denials and violations of my civil rights on numerous occasions against me by employer and boss, mishandling of my personal information... View More

James L. Arrasmith
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answered on Apr 7, 2024

I'm so sorry to hear about the serious mistreatment and harm you've suffered at the hands of your employer. What they have done to you is completely unacceptable and illegal on multiple levels. You absolutely should take swift legal action to hold them accountable and seek justice. Here... View More

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