Kevin Paul Smith's Answers

What does request for dismissal with prejudice in a personal injury civil case mean?

It means the case is dismissed without the ability to reinstate the action at a later time, i.e. file a complaint against the dismissed defendant(s) for the same cause(s) of action involving the same set of facts surrounding the original complaint. If it was dismissed without prejudice and you discover new facts or law that would make the defendant liable then you could refile your complaint against that defendant.

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California taxing my short sale

I agree with Pam, see a CPA to explore you options.

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If Plntf unlimitd suit files req. for dismissal w/out prejudice, wht advantage would def. have filing his own req.dismissal?

Impossible to answer without knowing what the ex parte is about. Counsel for the defendant should have contacted you to notify you of the nature of the ex parte app.

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Settlement

See previous response.

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Offensive commercials

You would not be successful. First, what is offensive is based on the reasonable person, so if the reasonable person would not be offended then there is no claim. As Mr. Fink stated there is also the First Amendment right to free speech. Another hurdle is the fact the commercial is in all likelihood FCC compliant which would make the commercial presumptively non-offensive. To put things in perspective, some people sued television networks for the images they aired on Sept. 11, 2001....

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What kind of laws does this fall under?

Your best bet would be to contact a personal injury and/or civil rights attorney. As for personal injury you potentially have claims for assault, battery, and false imprisonment. This of course depends on whether your version of the events can be verified, and what it is you may have been doing to cause the security personnel to restrain you.

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Bumped a car at less than 5 mph, guy immediately started acting like he had some injury despite no damage to vehicles

He could try to sue, but if things are as you say he would likely be unsuccessful. If you are sued you should report the incident to your insurance carrier who will provide a lawyer to defend you.

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Pets and a will

Pet Trusts are now allowed in California. Contact an estate planning attorney to discuss your options.

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How much is worth for 2 back disc dislocated from a car accident?

It depends on a lot of factors, including, but not limited to, if you missed any work, the treatment you need for the injury, whether you needed to hire someone to assist you with everyday chores, the amount and duration of pain you endured. For a consultation call me, Kevin Smith, at our LA office at 213-626-0571.

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How is suffering compensation calculated and paid in an auto accident?

What you are actually seeking is general damages, which covers pain and suffering. There is no set calculation for determing this damage. It depends on your injury and how long you were in pain. Based upon your expenses it sounds like you had a soft tissue injury. If you want to get more money write a letter to the insurance company detailing your injury and burdens you have had to endure over the last six months. Better yet, you should consult an attorney to see if they think your case...

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