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Benjamin P. Cloward
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Benjamin Cloward’s Answers

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  • I was in a car accident and initially sued beyond policy limits. Now the plaintiff wants the limits.

    Basically the plaintiffs want my policy limit now but if my insurance company doesn't meet it, they will ask for more at trial, exposing my personal assets. My insurance company does not believe the case is worth that much and is willing to go to ...

    Benjamin’s Answer

    Look up some insurance attorneys in your area and ask them if they would be willing to serve as "Cumis-counsel."

    You are the only one who will lose if the plaintiff obtains a judgment in excess of your policy limits. If your insurance company is so sure they will win, ask them to give you a "golden letter," indicating that if they lose and you are exposed, they will cover all amounts in excess of your policy. Otherwise, I suggest if you are worried about being exposed, you should pressure your insurance company to settle the case right away for limits while they still are being offered that by plaintiffs.

    I have served as "Cumis-counsel" many times for defendants here in Las Vegas. I'd be happy to give you a referral for an attorney who'd be willing to do this for no charge that is licensed in California.

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  • Is a casino responsiable if there employes put to much greese on the bowling lanes past the foul line?

    i took my frnd bowling and she sliped and fell cracked her head open bruised her left side.the floor before the foul line had lots of greeese or oil that they use on the lanes to slick them up.she is 61yrs old,nothing to drink'not even water' we o...

    Benjamin’s Answer

    First let me state that I am very sorry to hear about your friend's health issues. I wish her a speedy recovery.

    Your friend has a great case. In fact, I am handling a case right now against a well-known bowling alley in town for this exact thing.

    There are very strict guidelines they must follow when cleaning the lanes. Rarely do they follow their own guidelines. This is a great case.

    I'd be more than happy to consult with your friend if she is interested.

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  • Is it illegal for my doctor to tell a DHHS representitave that i had a miscarriage?

    My Doctor told a rep from the Department of Health and Human Services that I have had 2 miscarriages, is that even legal?!

    Benjamin’s Answer

    Have you signed a medical (HIPAA) release in their favor? Are you receiving benefits from DHHS?

    If yes to either, then yes, possibly.

    I would have to know more about the specific details and also reason for the disclosure.

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  • Can be two judgments in the same PI case – one for the plaintiff for liability and the second one for the defendant for damage?

    In an Auto accident case the other side accepted liability but disagrees as to the amount of damages. If the case goes for trial, am I correct in my assumption that it could be only one judgment for the plaintiff, although the jury can award no or...

    Benjamin’s Answer

    I am assuming you have an attorney helping you with this. Yes, you could win the liability portion of the suit, but not be awarded any damages. As the previous poster indicated, if the defendant had made a statutory offer, which you fail to beat at trial, you could be penalized and have to pay the defendant's attorney's fees and costs, which could be substantial.

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  • Do I HAVE TO request to amend a police accident report if "my statements" in it don't match my real view of the accident?

    If the police version of "my statements" is not accurate (e.g., the officer didn't include all I said or misunderstood some of it), do I HAVE TO make a request to amend it? Otherwise, if the claim goes to the court and it turns out that my real st...

    Benjamin’s Answer

    I agree with the advice already given. You should request an amendment be made to the police report with the correct information to ensure that the accurate version is what is recorded.

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  • My daughter passed away at Saint Mary's hospital in Long Beach California on March 6, 2013. She died due to an enlarged heart.

    The hospital never took any heart or special tests to insure me that my daughter was healthy. She was born pre-termed and with Jaundice. She was released from the hospital four days after she was born. She still had low levels of jaundice, but the...

    Benjamin’s Answer

    I am so, so sorry to hear of your significant loss. I cannot imagine the tremendous loss you are feeling at this time. I truly am so sorry to hear of this tragic event.

    You absolutely have a case against the hospital and doctors involved. Please, please contact an attorney for the safety of your community to ensure this does not happen to another family.

    Again, my heart aches for your family. You will be in my prayers. Please email me, and I will refer you to a great medical malpractice lawyer in California who can assist you with this. My email is benjamin@richardharrislaw.com

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  • Am I entitled to diminished value automobile claim for hail damage that happened in Georgia, but I live in North Carolina?

    My car had approx $3,000 worth of hail damage while parked at the Atlanta airport. My insurance company already fixed the car, but the adjuster told me since I had a NC policy and live in NC he wasn't sure if I am entitled to diminished value, ev...

    Benjamin’s Answer

    I think you are getting bad advice from your adjuster. Because the issue is in regard to the terms of your insurance policy, which is based in contract law, and since the contract is a NC contract, NC law not GA law should apply.

    You should contact a lawyer in NC to review your policy and determine what the choice of law provisions are to verify that NC law would in fact apply.

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  • Can my orthodontist legally prevent me from seeing another doctor in the practice?

    My daughter has had braces for a year. Her doctor went on maternity leave and since she returned only works 2 days a week (as opposed to the 5 she did before). She cannot keep up with her patients now, but when we requested to switch to or even se...

    Benjamin’s Answer

    The doctor cannot legally prevent you from doing that, but it is likely that the other doctor in the practice is partners with your doctor and would not want to "step on the toes" of your doctor and could just refuse to see you. Doctors just like any other business can refuse to treat someone.

    I would go seek out an entirely new orthodontist at another facility altogether. You may also contact the state orthodontic board and see if they have some suggestions.

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  • Do I have a medical malpractice lawsuit against the hospital or the jail?

    My brother was in a bad car accident and ended up in the hospital. He was only in the hospital about an hour before the police came in and arrested him because they found drugs in the car. While in the hospital my brother complained of severe stom...

    Benjamin’s Answer

    I agree with my fellow lawyer. Look for a civil rights lawyer in your area to help with the situation. If the actions of the jail have caused him harm, he may very well have a case.

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  • CAN I SUE CAR DEALER FOR SELLING CAR THAT CANT PASS SMOG EVEN THO I PAID CAR TO BE SMOGGED BUT THEY DIDN GIVE ME PAPERS

    THE CAR ENGINE LIGHT CAME ON TWO DAYS LATER AFTER I GOT CAR THEY KEEP SAYING NOTHING IS WRONG WITH THE CAR WHAT CAN I DO TO GET MY MONEY BACK I ALSO BELIEVE THEY CHEATED ME OUT OF MY MONEY THE CAR WAS ADVERTISED LOWER THAN WHAT I PAID FOR THEY SAI...

    Benjamin’s Answer

    You may have a case even if it was sold "as is," if a condition of the sale was that the car pass smog as you suggest.

    I suggest you call George O. West, a fellow Vegas attorney who specializes in this type of suit.

    His website is: http://www.caaaf.net/

    Feel free to drop my name when you call him.

    Best of luck.

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