"DURA LEX, SED LEX"

Good kids school attorney?

QUESTION: My stepdaughter recently hurt her knee at school and wasn't given proper attention. The staff was saying she was faking it and was really hurt! She is in a cast . I'm not the type I like to sue everybody for anything but that was too much! Should I sue the school ? And if so wheres a good attorney here in southern california?

ANSWER: First, yes, there are good attorneys in southern California. Second, you don't have a case. It's difficult to sue a school in any case, but I'm not sure what you would sue for. It's not medical malpractice, since they weren't treating her and they aren't medical personnel. You would be hard put to prove any lasting damage based on a few hours at school. It wouldn't be a school lawyer, it would be a personal injury attorney. They probably had reason to think she was faking, maybe she has in the past.

 

Statue of limitations for Personal Injury, an attorney filed a complaint for me in my county?

QUESTION: which is in Southern California on my behalf back in 2003 for personal injury against the City County and Sheriffs Department of that county. The reason was due to an injury I sustained while being arrested, my hand became numb due to a handcuff injury (handcuffs were placed on to tight, I even have a scar), I saw two orthopedic doctors and all one did was take xrays and said he found no permanent damage, the other said he concurred with the first. The lawyer could not do anything because the doctors supposedly found nothing, so I left it at that. I however continue to suffer from a numb hand, its my right hand, there is also weakness when I try to carry something heavy or try making a fist. I really think the doctors lied and didnt want to get involved because it was a suit against the local police and city and county. I think I made a mistake and should have seeked a lawyer and doctor from out of town. My question is this, I know there is a 2 years statute of limitations

ANSWER: If the lawyer filed a proper complaint in the appropriate court, that stops the statute of limitations. But the complaint may be dismissed by the court for lack of action and the statute of limitations would prevent you from re-filing. Run to the Clerk of Court and see if your complaint is still open.

 

Is the market better in Southern California for a solo practicing lawyer than in Texas?

QUESTION: Looking at law school in both states however I know that I'd come out and eventually set up my own solo firm. Looking at a CBE school, it's much cheaper than a bottom of barrel t4. Anyways any advice would be very helpful. I hope some attorneys out there can offer some words. I am interested in criminal law, family , personal injury, and immigration (spanish speaking and hispanic).

ANSWER: California is broke,Texas isn't,you do the math.

 

When will insurance total a car?

QUESTION: At what point will my insurance company total a car? My husband was in a car accident and the whole front end of the car is damaged - the estimate is $7800 to fix and the car is valued at $9100. The body shop has been waiting a 2 days, so far, for the insurance to decide what to do. I am hoping it can be fixed but I also need to know if I need to start car shopping.

ANSWER: Iu2019d like to start by saying that insurance companies donu2019t u201ctotalu201d cars. People do! Each insurance company has its own policy and method of determining whether they will declare a vehicle a u201ctotal loss.u201d Generally, it has to do with the value of the vehicle and the costs to repair, etcu2026 What is important to remember is that the amount is not set in stone. (Do not believe the adjuster when they tell you that it is!) When the car is on the borderline, you might be able to convince an insurance to go one way or another. Also, the amount you receive is negotiable just like if you were trying to sell your car. The insurance company will probably try to nickel and dime you. Be prepared to negotiate and justify why your vehicle is worth more. In my practice as a personal injury attorney in Southern California, I handle a lot of these matters and try to negotiate the best deals for my clients. There are a lot of areas that a skilled lawyer will be able to negotiate on in order to get you more money for your vehicle. You should contact an attorney in your state to discuss your matters. Also, make sure you get your money for any loss of use or rental car, storage charges, etcu2026

 

Does my car ins. co. decide I'm at fault cause I have more coverage?

QUESTION: Why & how can they decide a minor car accident is my fault? I even explained to them the other driver was driving & talking on the cell phone & weaved into my lane causing the accident. Someone at the insurance company told me it's not against the law to drive & talk on the cell phone. I live in southern California & thought it was against the law. Now the entire car load of people are claiming injuries, yet they told the police when the report was being made there were none. How many years will this go on, my insurance company said up to four, can that be right for such a minor accident? I can't believe this car load of people went out and hired a personal injury attorney. I'm afraid I'll lose everything I've got, when of course they have nothing. I feel like my own insurance company has turned against me & decided this because I have more coverage. The other side has nothing to take. Is this part of why my own insurance company has made this decision? So is it OK to just drive along taking on a cell phone & get distracted swerving into another lane? I'm just sick about this, what would you advise me to do?

ANSWER: First of all, I hope you know you're violating Yahoos terms of service by having multiple accounts sand using both to post this same question. Second, according to your last question under your other account, your insurance hasn't determined liability yet. Lastly, to assume that your insurance has turned against you and is going to pay out simply because you have good coverage is preposterous. That would be against the law. No insurance company is going to risk their license to do business in your state for something so absurd. Call your insurance company and discuss your concerns with your adjuster, who clearly knows more about this case than us. And chill with the "illegal alien", "ghetto" trash talk. It doesn't make you look very good.

 

Can i sue a hospital for leaving glass in my head and arm after a car accident?

QUESTION: I had been escorted by an ambulance to the emergency room, where they then checked to see if me and the baby were okay. (i was 12 weeks pregnant at the time) The "cleaned" me up. then sent me home. Later that night my boyfriend took tweezers and pulled a chunk of glass out of my arm that the hospital didn't take out. I also had a split open head that healed with glass in it from the hospital not removing it.

ANSWER: As far as the hospital, that would depend on exactly what happened. We would need more details. If they did something wrong, you can certainly sue, but it isn't clear here. As far as the driver of the other car, if it was their fault, they would generally be responsible for all the damages that they caused, including the glass in your arm and head. You should contact an experienced personal injury attorney in your state to discuss your case. You should also make sure to tell your primary physician or ob-gyn about the accident, so that they can follow up and make sure your baby is ok. In my practice in Southern California, we handle these types of matters all the time. An experienced attorney can help you sort through what needs to be done.

 

How to I get/write a waiver for my self defense class?

QUESTION: I am going to be starting my own self defense/martial arts class soon and I was wondering where I get the injury waiver forms that state my students can't sue me if they stub their big toe while sparring, (or if I write them, how to do it). Please give me any information you have, including: personal experience, websites, etc.

ANSWER: Try Socrates.com. They have legal documents you can download that conform to each state's laws (you choose the state) for about $10.

 

Where is the real Erin Brockovich?

QUESTION:

ANSWER: will this work? Erin Brockovich Biography February 20, 2008 I grew up in Lawrence, Kansas, the youngest child of an industrial engineer and a journalist. After graduating from Lawrence High School I attended Kansas State University for one year, then moved to Dallas, Texas, where I earned my Associate in Applied Arts degree at Wades Business College. After college, I moved to Southern California where I worked for K-Mart as a management trainee before taking a job at Fluor Engineers and Constructors to work and study to become an electrical design engineer. It was at this time when I decided to explore the world of beauty pageants. Although I won the title of Miss Pacific Coast, I quit after a year and married a restaurant manager. My husband and I moved back to Kansas where my two older children, Matthew and Katie, were born. In 1987, we settled in Reno, Nevada, before I divorced my first husband. As a mother of two children and newly single, I got a job as a secretary at a local brokerage, where I met a stockbroker. We married in 1989 and I gave birth to my youngest daughter, Elizabeth. In 1990, my marriage ended in divorce. I was again a single mother, this time with three children to feed and clothe. After being seriously injured in a traffic accident in Reno, my kids and I moved back to Southern California where I hired Jim Vititoe of Masry & Vititoe to handle my auto accident case in 1991. Not long after my case was resolved, I was hired to work at the law firm as a file clerk. While organizing papers in a pro bono real estate case, I found medical records in the file that caught my eye. After getting permission from one of the firm's principals, Ed Masry, I began to research the matter. My investigation eventually established that the health of countless people who lived in and around Hinkley, California, in the 1960's, 70's and 80's had been severely compromised by exposure to toxic Chromium 6. The Chromium 6 had leaked into the groundwater from the nearby Pacific Gas and Electric Company's Compressor Station. In 1996, as a result of the largest direct action lawsuit of its kind, spearheaded by me and Ed Masry, the giant utility paid the largest toxic tort injury settlement in U.S. history: $333 million in damages to more than 600 Hinkley residents. My investigating inspired the hit movie "Erin Brockovich", which highlighted my legal triumph and personal challenges. Released in March 2000 by Universal Studios, it starred JULIA ROBERTS as myself. The movie's great success led to numerous awards and nominations, including 5 Academy Award nominations and one win. Steven Soderbergh was nominated for an Oscar for u201cBest Director,u201d and Julia Roberts won an Oscar, a Golden Globe, and a BAFTA Award for u201cBest Actressu201d for her portrayal of me. From the exposure of the movie, I became a reluctant public figure. Over time, I realized I could use my notoriety to spread positive messages of personal empowerment and for me to encourage people to stand up and make a difference. This led to my first television project, an ABC special entitled u201cChallenge America with Erin Brockovich." It taped in New York and aired in December 2001. This feel good program is best described as "Extreme Makeover: Home Edition" on steroids, but preceded that successful series. I set out to motivate and organize hundreds of volunteers and donated resources to help rebuild a dilapidated park in downtown Manhattan a few months following 9/11. I then hosted the Lifetime series "Final Justice." This series recreated incredible stories of actual women, their perilous situations and how they overcame adversity. I followed that up with my book entitled "Take It from Me, Life's a Struggle, But You Can Win." Presently, I am one of the most requested lecture clients of the William Morris Agency. I travel the world doing personal appearances spreading motivational messages, telling my story and telling of my personal life lessons. Currently, I am the President of the consulting firm, Brockovich Research & Consulting, where I am involved in numerous major environmental cases. I have come a long way from file clerk to inspired environmental activist to motivational speaker to television host and producer. I was remarried in 1999 to Eric Ellis, and live with my husband and children in Southern California.