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Scott Hanson McLemore

Scott McLemore’s Answers

10 total

  • Do I have to meet with Atty. at his law firm, instead of subpoena to court.

    I witnessed a fatality accident and was contacted by the deceased attorney to meet with him for approximately three hours at his law firm for a wittiness deposition. The attorney advised the deposition would be edited to 10 minutes, and I would n...

    Scott’s Answer

    This is all very standard. Remember that the lawyer has a client who has a family with a lost loved one. Obviously, being a witness is inconvenient and no one wishes to impose that on you. Unfortunately, when witnesses won't testify and say what they saw and what happened, justice comes to a halt and wrongdoers get off, just because the deceased party, who can' tell their side has no voice. You are doing a good thing for that family to assist and tell the truth of what you saw. We would all hope that someone would do that for us, if tragedy struck. Hopefully, little things like scheduling and inconvenience can be overlooked for the greater good being done.

    Sure, they will probably work with you on a location, and would probably do everything that they could to assist you in making it convenient, but they are really just trying to get the evidence and testimony in admissible form, so that they can move the file to conclusion. The sooner the smaller issues like scheduling can get resolved, the quicker the bigger issues like the family with a loved one lost, and income lost, may be able to start their attempts at healing emotionally and financially from their loss.

    Hopefully you will fee a sense of civility and contribution from what you are doing and know that you are helping a family the way you would want, if the same tragedy had struck for you. The ten dollar fee, is just some nominal fee set for any witness who has been issued service of process on a subpoena.

    When you are in your deposition think of the role of the two different lawyers and understand that the lawyer for the injury victim likely wishes to have clear and concise testimony, focused on the relevant issues. The defending party, especially one representing a party found to be at fault, will often try to confuse and intimidate witnesses, so that the clear and concise aspects of their testimony are not what come through at trial. Stick to the facts that are pertinent to what you saw that caused the wreck, remember that an important family member was lost and do the right thing.

    We are all better as a society when people stand up for those who cannot speak for themselves.

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  • We are in Federal Court and the Judge denied the defendants Motion to Dismiss regarding our First amended Complaint.

    We filed a second Amended complaint based on new evidence without seeking permission from the Judge. The defendants filed a Motion to Strike our Second Amended Complaint. The Judge granted their Motion to Strike our Second Amended Complaint. What...

    Scott’s Answer

    Seeking a Motion to Leave may or may not cure the reason that the Judge ruled to strike the Second Complaint, reverting you back to standing on the terms of the pleading filed just prior. It could be that what was thought to be "new evidence" was inadmissible or not capable of serving as proof of the claims asserted. It may not be later allowed into evidence at all, depending on the rules of evidence.

    Also, don't have false hope that your case is a winner or likely to go well because the Judge did not grant the motion to dismiss. The motion to dismiss is less substantive. A motion to dismiss most often fails. In order to defeat one, all a Plaintiff must typically do is demonstrate that the pleading alleges enough facts to state a claim to relief that is "plausible", within the four corners of the complaint.

    The next steps likely are designations of experts, depositions and objecting to the evidence that the defendant is likely pushing into the record for later use.

    You would be best advised to hire a Texas Lawyer. To continue to tread in this circumstance without the assistance of a lawyer can result in waiver of arguments and opportunity to present your case appropriately. Matters of procedure are complicated and difficult to understand when they are being dealt with for the first time. Get some good help.

    Best Regards,

    Scott McLemore

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  • Need court certified disposition order

    My case is dismised in muniicpal court in TX and Iam in CA now.I wish to know how to obtain court certified disposition order.I dont appear on the day of dismissal of the court case.How do I obtain multiple copies of the court dispostion order whe...

    Scott’s Answer

    Here you are. Take a look at the site listed below for numbers and locations of the various municipal courts in Texas.

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  • What are disc protrusions case is worth?

    I have to previous post concerning my husbands accident. I didn't mention the employee who was driving to dr. Pepper commercial vehichle did admit to the police officer it was his fault. The company also admitted to fault. Our van was totaled and ...

    Scott’s Answer

    If his medical damages are significant, the future costs and potential need for future surgery should be considered paramount in any damage model. Depending on whether their is health insurance, medicaid, medicare or an ERISA health plan, both the past and future medical care may need to be reimbursed or negotiated. Be careful not to accept or contemplate a number which fails to consider the future costs, and payments to others which will be required from any potential settlement.

    Regardless of the status of the liability case, you need a professional lawyer who understands the law, jury trials, as well as past and future medical and legal damages to prepare your damage model. Don't go it alone with these kinds of physical and financial injuries. Get help from a legal professional.

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  • Do I need to be fully recovered before I negociate settlement ?

    I was injured at a franchised fast food restaurant when I was hit on the head by a dispensor falling on my head in the bathroom giving me a concussion and laceration the adjuster stated i must be recovered before we negociate hard cost and pain a...

    Scott’s Answer

    Don't go it alone with a crafty insurance adjuster working for the folks who hurt you in the first place! Take some professional legal advice from a lawyer who will make a plan with you and explain the process for you.

    Be sure that you actually know and understand the full nature of your physical injury before you make a decision to settle. A defendant wants a permanent settlement and their settlement documents will state as much. If your injury is nagging and lingering weeks after the event, be sure your properly diagnosed and that you get enough settlement proceeds to deal with any future complications ikely to occur in the future.

    Often quick settlements result in long term damage and symptoms, being improperly diagnosed in a rush to conclude. Once the case is settled, there is no opportunity to go back and ask for more. Know what you are settling.

    Depending on whether your medical was paid out of pocket, by medicare, health insurance or an ERISA plan, you may owe some of the proceeds you recover to repay those entities back from your settlement. Know what your net will be from the settlement. Often adjusters will put other parties on your check. Know your rights and obligations here.

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  • Request For Admissions, need help!

    I am getting ready to serve upon the Defendant, my Request for Admissions. I am involved in a Fraud Case, against my former employer who misclassified me as a independent contractor, when in fact I should have been classified as an employee. In a ...

    Scott’s Answer

    Remember also that the document can later be used in a deposition or other trial scenario when cross examining him. Simply attempt to compare the details of the prior person admitted to have been an employee to your own status and employment details and maintain a copy of the requests for admissions that they previously answered to be used as a trail exhibit, deposition exhibit or as an exhibit to a Motion for summary judgment.

    It may not really be necessary to get a party opponent to admit, that they previously admitted something. The prior admission speaks for itself. The more pertinent evidentiary challenge seems to be to prove up an acknowledgement that the prior admitted employee was employed identically to you.

    In the end you may be spending energy perfecting admissions to prove up an issue previously admitted, rather than that you are in that same position. Consider sending an admission that "prior employee" held same position as you.

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  • Issue with petro oil company and questionable practices of in ground oil tank in NJ

    Petro came out and serviced oil, then came out several times in a couple weeks unannounced to my residence to check my oil tank. Sent an unnamed employee in an unmarked personal vehicle to 'stick' my tank. He apparantly found 2inches off water i...

    Scott’s Answer

    Here are some land use regulations from the New Jersey EPA which will be useful for you in seeing the statutes related to underground storage tanks and land use. The issue involves one of contamination of the soil or groundwater, from a leaking tank.

    The issue from the oil companies perspective is much more complex. The environmental laws which regulate instances in which chemicals and petro chemicals are released into the soil and groundwater structure liability so as to make each party who participates in the contamination event, potentially financially responsible for the costs of remediation of the contamination, depending on their level of participation and knowledge.

    To the extent that the oil company becomes aware of readings or measurements indicating your tank has a leak or worse, they would not want to continue to fill it. They want to avoid negative environmental regulatory issues and perceived liability over filling a potentially unreliable tank and participate in causing contamination.

    You may also consider what if any further fines or penalties, or remediation costs could occur if your tank is a real issue and causing groundwater or soil contamination. Your New Jersey EPA will also have some helpful information for you.

    It certainly can't be good for your heating systems to have the water running through the lines. You may very well avoid expenses in the long run by tackling the costs of tank removal now. Perhaps you will find someone who can finance the tank installation for you. Consider the age and type of the tank and ask your neighbors about their experiences and go from there.

    Regarding them coming on your property to check the tank, you have likely given them a permissive easement to come there related to the tank and oil. It's probably in the bill or service agreement you have with the utility company and may contain some clauses on that issue. If your concerned about having folks there, you could call and cancel the easement and inform them in writing that you would appreciate that any visit be scheduled through you and that you revoke any permission to come on your property. They would probably comply.

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  • I was in an auto accident where my car was hit, but i was put at fault should i go to court?

    I was in an auto accident where an older driver behind me hit the rear seat on the driver's side causing the car to spin. I was found at fault for trying to make an "improper u-turn" when i was going to the light, which was green, to make a u-turn...

    Scott’s Answer

    If you were ticketed and don't defend yourself the ticket will be a part of your driving record. If your witness and you can't be organized and take charge of proving the facts of your case where the ticket is filed against you, in a timely manner, you will most likely have a driving record reflecting the wreck as it is currently reported.

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  • I was in a car accident and had PIP and liability coverage only. Being sued and have no money or assets. What now?

    How do I defend myself and what can they sue me for if I don't have anything?

    Scott’s Answer

    If you have liability coverage, you need to immediately notify the insurance carrier who provides liability coverage for you that you have been sued. In some instances not notifying the carrier that you have been sued may prevent them from providing coverage, if they can prove it prejudiced them in some way in preparing a defense. If you have liability insurance and no other separate assets, you should do your best to encourage the insurance company to settle the claim and get a release for you of all claims, by paying the money in coverage which exists for you and getting claims against you settled. Protect yourself and take action by getting in touch with the insurance company that you have liability coverage with, get your facts straight regarding the wreck and be proactive.

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  • Can I request a delayed hearing? What are the consequences for not appearing on the court date?

    My husband and I received a civil summons on an old credit card debt shortly before he deployed. He is active duty Army and gone for a year. I moved my children closer to family so we are in Indiana for the year. We are considering filing bankrupt...

    Scott’s Answer

    You may be able to contact the Court where the case is filed and also the lawyer who filed the case with a letter and a request for relief under the Soldier's and Sailor's Relief Act, or some similar act as most states will have to assist Soldiers who are abroad on behalf of their countries and who are also involved in legal action back home. There should be an extension that you should be able to negotiate and get in writing from the lawyer for the defendant and the Court extending whatever obligation you have to respond from the current document that you have been served with. Do not let the date go by without taking action to secure a later date or appointment to deal with the issue. Ask for 90 day extension or try to put off till your husband returns from military service. Do not also tell everyone in the process you are on the phone with your intentions in taking other action legally. Keep your strategies and plans to yourself and move forward to protect you and your husband from this pending deadline while he is abroad and not able to assist in managing this important matter along with you. They should be willing to give you the relief, insist on it and getting it documented in writing.

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