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Carmen S. Giordano

Carmen Giordano’s Answers

107 total


  • When suing an insurance company regarding personal injury settlement, do I have to notify the at-fault driver before suing?

    I was injured in a car accident at Los Angeles and the at-fault party's insurance company refuse to offer a fair settlement amount. I am thinking of suing the insurance company at a small claim court. However, I found out that in order to sue the ...

    Carmen’s Answer

    You are confused here. If you were in an accident and suffered personal injury, you should immediately get a lawyer. If you consulted with some lawyers and they do not believe you have a case and you still want to file in small claims court for minor injury, then you would have to sue the driver and/or the owner of the vehicle that hit you. You do not have standing to sue the other driver's insurance company for them to cover your loss! Once you sue the other driver, under his/her policy, that insurance company should be required to defend and indemnify up to the policy limit. Get a lawyer if you can.

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  • Police came in my house while I was out of town. my roommates got tickets an they confiscated a hand gun an bongs out of my room

    they have not given me a ticket or anything an there was no warrant. what should I do. do I need an attorney

    Carmen’s Answer

    Yes, you need an attorney. You said "bongs" as in marijuana bongs? Was the gun licensed? If not, you are getting in deeper! If they did not have a warrant and your room was your own (and you did not share it with one of the roommates who may have given consent to search the shared room) then you would have a strong suppression claim. But, get a lawyer. Hopefully, the gun was not used to shoot someone while you were busy smoking your bong!

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  • Do I have any recourse after a false statement against me after a police investigation determind it was an accendent by the othe

    my grand sons father went to the police and told them that I hit my grand son causing him to have a huge bump on his head after police investigation it was determind that it was an accident by the boys father he did this cause he was mad at my dau...

    Carmen’s Answer

    If you were arrested or a criminal charge was filed against that was based on evidence falsely given, then the individual providing that false information would be liable for false arrest and/or malicious prosecution. If the police had a reasonable basis to believe the complainant or informant, then the police would be protected from suit by qualified immunity. If no arrest or prosecution was commenced, but a false statement was made about you, you may have a defamation claim as well.

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  • My son was filling up with gas when the gas station canopy collapsed under excessive weight of snow.

    It totaled his vehicle and pinned him underneath. He went to the ER and has had chronic back pain since. He has amassed approx. $5000 in medical bills but has stopped going to the Dr for fear that he will be responsible for the bills. He has an...

    Carmen’s Answer

    Don't settle "out of court" without an attorney! They will take advantage of your son. Get a lawyer right away. It sounds like a strong case and back injuries can be more severe than you think. Call me if you need more advice!

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  • Can I be sued for posting about a bad daycare experience on Facebook?

    My 7 month old came home from daycare with bruises on his bottom and a report stating he was given Ibuprofen even though I did not send any with him. I signed a form stating he could be given medication by the staff under the assumption the medic...

    Carmen’s Answer

    You can be sued for anything. The question is whether or not the claim or claims would be valid and stand a chance of success. If what you said is true about the daycare, then you have an absolute defense to a defamation claim. You would have to prove the truth of the statements. You would be wise to weigh carefully what you say and put on social media before you do so. If you have solid proof, you should be fine, but do not invite trouble! Beware of other claims as well such as tortious interference with business...

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  • I think my boss have my cell phone tapped. How can I find out for sure and what legal rights do I have?

    Me and a coworker often have conversations that my boss usually bring up staff meetings about as if she was listening in on our conversation. Actually texts..u

    Carmen’s Answer

    Only the state or federal government can legally tap the telephone of a third party. An eavesdropping warrant requires a very particularized basis for the interception and is normally scrutinized carefully by the reviewing judge. Private individuals cannot tap other people's phones. If you have a solid basis for the suspicion, take it to the DA or US Attorney. It is a crime to tap someone's phone!

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  • Is it slander if a former employer accuses you of theft, when you did not do it?

    Former employer accused me of stealing her jewelry, and then told all her friends that I did it. The jewelry was not found and I was followed by the police. I did not take it but in our small community I was still shamed or made out to be a th...

    Carmen’s Answer

    • Selected as best answer

    Absolutely. Accusing someone of a crime he or she did not commit constitutes defamation. You should consult with an attorney to determine what your options are. Ultimately, you would have to prove a negative, which can be difficult, but not impossible. Focusing on your employer's lack of a basis for the accusation, showing it could not have been you and that the employer failed to reasonably investigate before hurling the accusation against you will be helpful. Also, if your employer used the false accusation as a pretext to terminate you from the job, you may have additional remedies. Good luck!

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  • How do I file a deformation of character on someone?

    I work at a bank and I recently started helping my husband's grandmother keep track of her account which is held at the bank I work for. His aunt called and filed a compliant on me for giving confidential information to someone other than his gra...

    Carmen’s Answer

    Defamation is a claim that has a strict statute of limitation. You should contact your local bar association and find an attorney in your area that handles this type of case. Remember, truth is an absolute defense to defamation. On the other hand, a falsehood that effects your job is defamation per se.

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  • My nieces husband was killed in a head on collision. It was the other drivers fault. why no cell records in the investigation?

    The other drivers cell phone records were not part of the investigation. The detectives said it would be extremely hard to get the records. Why is that? If it is illegal to drive and text, why are they not part of the investigation? (wisconsin)

    Carmen’s Answer

    Agreed. Consult with an attorney and subpoena those records.

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  • My nieces husband was killed in a head on collision. It was the other drivers fault. why no cell records in the investigation?

    The other drivers cell phone records were not part of the investigation. The detectives said it would be extremely hard to get the records. Why is that? If it is illegal to drive and text, why are they not part of the investigation? (wisconsin)

    Carmen’s Answer

    Agreed. Consult with an attorney and subpoena those records.

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