Charles R Smith’s Answers

Charles R Smith

Tucson Business Attorney.

Contributor Level 16
  1. My husband's liver tumor was misdiagnosed as sprained cartilage in his ribs. Would it be worth it to pursue a malpractice suit?

    Answered 12 months ago.

    1. Charles R Smith
    2. David Herman Hirsch
    3. Philip Anthony Fabiano
    4. Christian K. Lassen II
    5. Daniel A. Seymour
    6. ···
    6 lawyer answers

    Consult in person with a medical malpractice attorney right away. There are time limits to present a claim. Do not post any more information information in a public forum as it is subject to discovery and may damage your case. Most medical malpractice attorneys will offer a free consultation. I don't know if the misdiagnosis caused any legal damages, but that is a question for an experienced attorney after a complete of the facts. I hope husband fully recovers. Good luck.

    17 lawyers agreed with this answer

  2. Fell (more like went flying) and had not even put in soap on yet in hotel bathtub. Have closed head injury and more.

    Answered 12 months ago.

    1. David Herman Hirsch
    2. Charles R Smith
    3. Christian K. Lassen II
    4. George Costas Andriotis
    5. David Ian Schoen
    5 lawyer answers

    Could be, but all facts will need to be evaluated. Consult a local personal injury attorney.

    10 lawyers agreed with this answer

  3. If I have a commercial tenant and they are in violation for non-payment. Does the residential law apply to Commercial notices

    Answered about 1 year ago.

    1. Charles R Smith
    2. M. Todd Miller
    3. Kevin H. Pate
    3 lawyer answers

    The Arizona Residential Landlord and Tenant Act does not apply to commercial leases. You have a right of self help, and can lock the doors. You will have responsibilities as to the property in the premises and there are requirements for disposition. You should consult with a local attorney first, so that you are prepared if the tenant files bankruptcy or files a court action if they can claim wrongful eviction. Although not required, the best practice is to send a demand notice before you...

    9 lawyers agreed with this answer

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

    Answered 6 months ago.

    1. Hillary Arlene Jones
    2. Carmen S. Giordano
    3. Michael Anthony Donlon
    4. David Ian Schoen
    5. Steven Mark Sweat
    6. ···
    11 lawyer answers

    I agree with my colleagues. You need an attorney. There is no amount of internet coaching that will help you to prevail in your case against the driver as you have no claim against the insurance company. Hurry, because insurance companies love to run unrepresented people out of time.

    10 lawyers agreed with this answer

  5. Have a question regarding Arizona statue of limitations on a judgement.

    Answered about 1 year ago.

    1. Charles R Smith
    2. Dwayne M Farnsworth
    3. Vince Rabago
    3 lawyer answers

    Assuming this an Arizona judgment for a consumer type debt, it expired at the end of five years unless a renewal was filed within that time. They cannot enforce it. The creditor could not obtain a judgment in another state. This doesn't mean that they can't try, but any such action should be opposed, and I believe it would be defeated. Here is the applicable Arizona Statute: 12-1551. Issuance of writ of execution; limitation; renewal; death of judgment debtor; exemptions A. The party...

    8 lawyers agreed with this answer

  6. What's the difference between a Corporation and an LLC?

    Answered 5 months ago.

    1. Charles R Smith
    2. Douglas Garth Edmunds
    3. Samuel Watson Eastman
    4. Michael Charles Doland
    4 lawyer answers

    As stated by my colleagues, there are a lot of differences and similarities. There is a lot of bad information on the internet, so if you are considering forming an entity, you should consult with an experienced business attorney. They are both statutorily authorized legal entities which offer varying degrees of liability and asset protection depending on the circumstances. Most often an LLC will be determined to be the best choice, as they are most flexible in terms of management, ownership,...

    Selected as best answer

  7. Need an attorney that can help extract me/$'s from a LLC who's majority owners (in my opinion) committed Fed/AZ sec fraud.

    Answered 10 months ago.

    1. Charles R Smith
    2. Anne Brady
    3. Michael Charles Doland
    4. Robert V Cornish Jr.
    4 lawyer answers

    More information is needed to be able to point you in the right direction. How much money did you invest, when, why, where is the LLC, what was told to you that you believe to be untrue, etc? You can contact the Arizona Attorney General's office or the Pima County Attorney. They do prosecute investment fraud. You can also contact the SEC. Good luck.

    7 lawyers agreed with this answer

  8. I have a 401k with Vanguard. I need to get a hardship loan to help me pay for my legal representation.

    Answered 10 months ago.

    1. Charles R Smith
    2. Dorothy G Bunce
    3. Diane L Drain
    4. Kevin Benjamin
    4 lawyer answers

    The rules for 401(k) loans and withdrawals are set by Congress, and are meant to deter premature distribution of retirement savings. You need to check your plan documents to see what circumstances allow for a distribution, although you may incur a penalty if you do not qualify under any of the hardship categories. I suggest talking to Vanguard about any way they can help you achieve a withdrawal, or if you can rollover your account balance to an IRA over which you would have more control....

    7 lawyers agreed with this answer

  9. How do I keep my brother from selling my mothers estate now that she passed. My brothers and sister hve not spoke to her in 8 ye

    Answered about 1 year ago.

    1. Charles R Smith
    2. Christopher Daniel Leroi
    3. James Bunkey Swain
    3 lawyer answers

    If there is no will, all of your mother's children have equal rights. Arizona does not recognize nuncupative (oral) wills, so either there is one in writing or not at all. You can file a probate without a will to enforce your rights, and use the court's powers to obtain information. These proceedings can be stressful and expensive. I suggest you consult with a local attorney before you take action. If your mother died in California, you should talk to a California attorney in the county...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can I place assets into a non-revocable Trust if I am the TTE but not the settlor?

    Answered about 1 year ago.

    1. Charles R Smith
    2. Michael Raymond Daymude
    3. David Allen Hiersekorn
    3 lawyer answers

    May be, but it depends on the terms of the trust. It should be reviewed. And you should consult with an estate planning attorney about what is your goal in placing assets in the trust, and whether that is the best way to accomplish your goals. Good luck.

    8 lawyers agreed with this answer