Stephen G Charpentier's Answers

File a civil suit

Depending on the type of case you may want to use an attorney. If a small claims matter you can consider filing it on your own and pay the filing fee. Then follow the rules for service of process. If more complicated you will need to consider issues of the appropriate court (in terms of amount requested or remedy requested and location of the subject of the claim). Depending on the nature of the case you will have to consider state court options and potential federal court options. I think...

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Am I liable for car accident personal injury because my name was on the title? If so, what type of attorney do I need?

This one will require the expertise of an attorney. Depending on the state you may or may not be liable, as a car owner, for the negligent acts of a permissive user or driver. In addition, even if the state in question does hold you liable for the acts of a permissive user, there may be monetary limits to said liability. Also, your daughter's insurance policy may include you (based on your status as a co owner of the car) as an insured entitled to benefit of the policy. Your policy on other...

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Being sued for at fault accident above policy limits, can I threaten bankruptcy to the injured party's attorney?

The short answer is yes. However, before do so I urge you to meet with an asset protection attorney or even a bankruptcy attorney in your juristiction. That attorney could do a full interview, evalutate you financial situation visa vi the pending claim and give you a very accurate view of your options. Perhaps such an attorney could speak to the Plaintiff's counsel and put the entire issue to rest in short order. As a practical matter the more dire your financial situation the less likely...

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I want to sue a company, insurance public adjuster, for misrepresentation and fraud and I'm looking for a attorney...

I am happy to discuss your case in greater detail. My office is located in Melbourne, Florida.

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What's the difference between a Magistrate Judge or a regular Judge hearing a case?

A judge of course is elected or appointed by the governor as a consitutional officer. A magistrate is generally a private lawyer appointed to hear cases by agreement of the parties. The ruling of a magistrate may be binding if no appropriate and timely objection is made. In Florida magistrates are often used to hear family law matters. In our county a lot of lawyers prefer certain magistrates over a particular judge. As to whether it would be in your best interest to have a magistrate or a...

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How long it takes to get a settlement from the city an county police department for impropper procedures/car accient how much?

Two factors come to mind immediately in your matter. The first is liabilty. Liabilty of the police officer. Witnesses who will provide truthful facts are important. Also, I would take a look at the liability of the suspect who ran the red light. Does that person or the vehicle owner have the ability to pay damages (or do you have underinsured motorists coverage). The second is damages. In other words what are your injuries as a result of the crash. I suggest you see an attorney immediately.

If i slip a fall but received no injury is there a legal obligation to the store owner

There is an obligation to maintain a reasonably safe store but with no damages you have no claim.

Is it possible to sue for emotional distress or something like that after my daughter got bit by a pit bull?

I am sorry to hear that your daughter was bitten. Florida has a dog bite statute that is pro consumer and may be of benefit to your daughter. Once liability is proven she is entitled to recover for medical bills, pain and suffering, etc. caused by the bite. However, you will still need proof that the dog bite caused her emotional distress and the extent of the distress. In that regard I recommend you see an attorney for advise on documenting the medical/legal aspects of your case. There...

Do I need a product liabilty lawyer? Had head gasket repair in less than four months overheating again.

I suggest you go to a good local lawyer to educate you as to the financial reality of pursuing this matter. Then you will be able to make a decision that may or may not be legal in nature.

Non-Jury Trial Question

Non jury trials come before a judge as the finder of fact (rather than a jury). Most judges will still require a pretrial statement and hold the parties to it, including the use of exhibits listed on said statement. There may be an exception but that would be on a case by case basis. The fact that the undisclosed document may help your case, in and of itself, is not enough to meet such an exception