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Malosack Berjis

Malosack Berjis’s Answers

2,805 total


  • What should she do? What should do or what compensation should she ask?

    My 80+ year old mother was injured on a city bus in September of 2015. The bus driver admitted that it was his fault. Now after all the hospital visits and whatnot a representative of the bus company wants to offer her $1000 dollars for the incide...

    Malosack’s Answer

    You gave your mother excellent advice, and the same advice that any of us would have given her--she NEEDS to at least consult with an attorney. People such as this bus company representative do not have your mother's best interest--or the fact that she will likely need future medical care--in mind. Someone in your mother's situation should always have an attorney on their side when dealing with these representatives (or insurance adjusters). It is amazing how differently they handle claims when dealing with an attorney, as opposed to an individual with little knowledge of their legal rights. Hope this helps.

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  • Can I Sue the Police officer,or the Police Dept.for excessive force or brutality, and is their a statue of limitations

    When I was arrested,the Police officer beat me over the head with a flashlight causing me to have 18 staples in my head.before he took me to the hospital,he took me by the Police Dept.so some secratery could take pics.and laugh at me,.

    Malosack’s Answer

    Based solely on the limited information you have provided in your post, you could have a potential claim under 42 USC Section 1983 for excessive force (not excluding any claims you may have under state law for assault, battery, etc.). (However, there are other factors that could come into play in such situations, as well--such as, were you charged with resisting arrest? And, if so, did you plead guilty or were you found guilty?)

    In any case, you need to contact a California civil rights attorney. Just, please, be aware that when it comes to suing a public entity (like the city that employs the police officer), California law requires that claims against such public entities be filed no later than six (6) months after the incident. (California Government Code §§ 910-913.2.) So, don't waste time contacting a lawyer.

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  • Where would my father go from here? He's never been in an accident before and he's not sure of what the next step is.

    On 01/18/16 my dad was riding his bicycle with traffic and a man failed to stop properly at a stop sign and hit my dad. My father has a separated AC joint and torn ligaments with a few other back issues and what not. He received medical attention ...

    Malosack’s Answer

    That's a very good (and warranted) question given your father's injuries and the facts of the situation as you have provided them. Your dad needs to contact a personal injury attorney as soon as possible, AND not to speak to any insurance adjusters until he consults with a lawyer first. Hope this helps.

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  • What should i provide at the interview what am I or what is the max that i am entitled to as far as a settlement on this case?

    I was in a car accident (rear ended) got whiplashed went to doctor. Was diagnosed with crushed legs, neck and muscle back strain and was referred to a physical therapist. the other party admitted fault they have insurance. Their insurance wanted m...

    Malosack’s Answer

    Sorry to hear about your accident. The settlement amount—which would include special damages (such as medical bills) and general damages (such as pain & suffering)—in just about every personal injury case (including yours), really depends on several factors, which include (but, are not limited to) the following: the nature, extent & severity of your injuries; the amount of medical bills & lost wages you have incurred; the amount of future medical care and lost wages you will incur; your age; any future limitations you may have; and, so on. Using such information, your lawyer (that is, assuming that you have hired one to handle your case) should be able to give you some idea of the average personal injury settlement amount that victims in cases, such as yours, would be entitled to. However, in the event that you have not hired an attorney to assist you with this matter, then I highly recommend that you do so. I say this is because someone, in your position, should always have an attorney on their side when dealing with insurance companies (and their adjusters). It is amazing how differently they handle claims when dealing with an attorney, as opposed to an individual with little knowledge of their legal rights. Which brings me to my answer to your other question ("What should I provide at the interview")--do NOT speak any insurance carriers without, at least, consulting with a personal injury lawyer first.

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  • Who do I call

    car accident with injuries

    Malosack’s Answer

    If you're looking for a personal injury attorney, you can use Avvo's "Find a Lawyer" tool above or contact any of the attorneys who respond to your post.

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  • Do I have a case since this was a public school? Is there any type of recourse for me?

    I arrived at my nephews public school in Milpitas, CA for his winter concert. I entered the auditorium to get my nephew who was in daycare at the location. When I exited the auditorium there were 3 construction cones stacked on top of each other...

    Malosack’s Answer

    Sorry to hear about what happened to you. The issue here isn't so much that the incident happened at a public school--they can be held liable just like any other business/entity--but that trip-and-fall cases are somewhat difficult to prevail on. You did the right thing by reporting it to the school. (Hopefully, you made a note of whom you spoke with.) Did you happen to take any photos of the scene and/or the cones? I ask because, in these types of cases, photos as key.

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  • How to find an civil rights attorney

    I have a civil right case against a university for hazing in the state of Michigan. We have letters from the investigation the school did, also other letters. The school is in Hancock Michigan and we are from Pittsburgh Pa. I had a lawyer in Pitts...

    Malosack’s Answer

    One way to find a civil rights attorney is to use Avvo's "Find a Lawyer" tool above. Hope this helps.

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  • What can citizens do to have a police officer charged with murder for shooting an unarmed man when the DA refuses to do so?

    Excessive force and dereliction of duty.

    Malosack’s Answer

    Unfortunately, there isn't much you could do if the district attorney refuses to file charges. However, have you considered filing a government claim for damages (that is, assuming that you are still within the six-month time period) or filing a lawsuit in federal court (again, assuming that you are within the two-year statute of limitations)?

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  • What can I do if someone didn't stop at a stop sign and hit me on my bike

    It was a nice day out so I decided to ride my bike to my friends that lives about 2 miles away from me.. I've always been riding bikes my whole life anyways I was riding down the hill and was about to turn the corner and there's a stop sign to the...

    Malosack’s Answer

    Wow, that sounds horrible. You should have a parent or guardian contact a personal injury attorney to help you get compensation for your bike and injuries. Hope this helps.

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  • Have good case, rear end passenger in Paratransit Access (disabled) cab, need attorney tomorrow so can get treatment a.s.a.p.

    Need attorney immediately for rear end car accident in a Prius Taxi Cab (passenger Paratransit Access). Have 2 lien doctors (chiropractor and acupuncture) and must have attorney to get treatment as in much pain. Please E-mail anytime up until 9:...

    Malosack’s Answer

    Unfortunately, as a part of Avvo's rules, we're not allowed to solicit clients. However, feel free to contact any of the attorneys who respond to your post.

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