Hi,I was in a very minor car accident and the other driver has sued me - apparently he had to undergo surgery and wants me (or my insurance)...

Question

Hi,

I was in a very minor car accident and the other driver has sued me - apparently he had to undergo surgery and wants me (or my insurance) to pay. My insurance company believes the other driver's claim is fraudulent so a court case is on. My insurance company has assigned an attorney and it is paying the attorney costs.

I have been served a trial date in the third week of April at a county court in CA. I am currently a resident of CA but I am moving to a different country permanently end of January. The decision and tickets were made before the trial date notice arrived. After the move, my income is initially expected to be very low and I also expect to be extremely busy. So the lack of both money and time makes it prohibitive for me to come to CA. Furthermore, if on the trial day it happens that no court rooms are unavailable then the date could be moved out and that makes my situation worse (more time and money - I dont have either). What are my options here? Would really appreciate some advice.

Thanks,

Anon.

Answer

Write a letter to your insurance adjuster and your assigned lawyer requesting to settle your case within your policy limits. If the accident was your fault tell them you admit causing it. Also tell them you do not want to risk getting a judgment and also you do not want to incur the costs for travel to CA for trial. Should your insurance company act against your interest consult an independent lawyer in order to protect your rights. Google the term "Cumis Counsel" for more information on that subject.

My boyfriend of 4 years is facing a tampering with a witness charge. I am the witness in this situation. Detectives came to my house treatin...

Question

My boyfriend of 4 years is facing a tampering with a witness charge. I am the witness in this situation. Detectives came to my house treating me like I was a criminal threatening to arrest me for obstruction and told me how the victim advocate was mad at me for not pressing charges. By the florida statute there was no tampering by my boyfriend. But the way ive been treated by the detectives and state there has been more tampering on their end and I am curious if anything can be done or can they just get away with treating people like that?

Answer

You could always file an internal affairs investigation but that could cause more problems than it solved. You should talk to a civil rights attorney to see if your civil rights were violated, not a criminal attorney.

There is a legal case where a private citizen is sueing a larger corporation.. Question:: Can another private citizen attach another suit to...

Question

There is a legal case where a private citizen is sueing a larger corporation.. Question:: Can another private citizen attach another suit to the original suit..? The case involves personal injury.. Also could a suit be filed as a class action and be attached to the original suit..? Would a form be needed to attach another suit to the original..? Thank you for your help...

Answer

You need to consult with an attorney personally.

Answer

If other people have claims out of the same transactions or occurrences they can join the original lawsuit. The requirements for class action certification depends upon the jurisdiction.

Can I file a legal action regarding asbestos even if my husband had previously filed one before his death? He received some compensation but...

Question

Can I file a legal action regarding asbestos even if my husband had previously filed one before his death? He received some compensation but died from the exposure 2 years ago which is listed on his death certificate.

Answer

Without further information, it is too difficult to answer your question. Please contact me at 1.877.505.INJURY.

i was put on no work in the state of florida. the company i worked for in indianapolis indiana told me i wouldnt get help unless i came up t...

Question

i was put on no work in the state of florida. the company i worked for in indianapolis indiana told me i wouldnt get help unless i came up there for a workers comp injury and i wasnt cleared to go back to work from the dr in florida is this legal?

Answer

The venue of your accident or the contract of hire determines which state law controls. You don't provide sufficient facts. Seek some legal advice from an attorney with all your facts and records.

my 16 year old son was arrested for dui (pot) but was never given a blood test or a urine test. can he be charged with dui?

Question

my 16 year old son was arrested for dui (pot) but was never given a blood test or a urine test. can he be charged with dui?

Answer

Yes he can certainly be arrested for it. Whether he can be convicted is a completely different story. One factor is whether he refused any breath or urine test, but it is not the only one. Since there are some very complex legal and scientific defenses, then you need to speak with an attorney right away.

My fathers Corporation closed around 8 years ago and he just received a notice to appear in court over back rent of $20,000 that would work ...

Question

My fathers Corporation closed around 8 years ago and he just received a notice to appear in court over back rent of $20,000 that would work out to 4 or 5 months with fee's I'm sure, but they never told him he owed anything when he did the walk thru he paid first and last rent but now that he thinks about it he never received anything back even though he was told everything looked great. He had to close his business and took out a loan on his home to pay his bills and ended up losing his home also he has nothing they live in a very small apartments and pay $850.00 a month for rent My parents own 1 truck 1997 and a Explorer 1992 they now live on Social Security and my dad is 85 years old and mom is 77 my dad needs to be in court on Nov 19th 2013 regarding this rent issue. If you can give us an idea out what he can do I would appreciate it.

Answer

In California the statute of limitation on a written contract is generally 4 years from the breach (i.e. the last payment of rent your father made). Assuming it has been more than 4 years since his last contact with the landlord, any lawsuit initiated now would be barred by the applicable statute of limitation.

You should immediately contact an attorney in your area to have whatever documents your father received reviewed to determine exactly what was received. If, prior to the expiration of the statute of limitation a judgment was entered against your father, he may be subopenaed to appear for what is known as a judgment debtor examination.

IT IS IMPERATIVE THAT YOU DETERMINE EXACTLY WHAT DOCUMENT(S) YOUR FATHER RECEIVED to determine what course of action he should take. Failure to do so may result in his losing significant legal rights, or worse, having a bench warrant issued for his failure to appear. Paying a lawyer a small amount to review the documents would be well worth the money.

Answer

The other thing I would add is that there is a difference between an individual and a corporation. Individuals generally are not liable for corporate debt unless there was a personal guarantee. Mr Hoffman gives you solid advice on seeing an attorney and the documents...

Answer

You need to find out more details about the lawsuit. I agree with Mr. Hoffman about the statute of limitations, but this may be a lawsuit that was filed some time ago and the other side is attempting to collect on a judgment. You have said that your father has received a notice to be in court November 19, 2013, but you do not specify what kind of notice this is.

I really urge you to have him consult with an attorney, either on the phone or in person, and have the attorney review the notice to fully explain to the both of you what is going on.