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Pius Joseph

Pius Joseph’s Answers

1,111 total

  • Do I need a malpractice lawyer ?

    On September 1st I was sedated with many medications I was given for contractions & other for nausea & vomiting. I went into an emergency c-section. I was unconscious the whole time. I was taken to a room were we informed the nurse that I wasn't b...

    Pius’s Answer

    I cannot understand from your post the negligence you are alleging against the Hospital. If the allegation is that the medications you were given were improper or that the treatment that you received did result in long term complications you need to have your medical records reviewed by a medical expert to see if you have a claim.If a lawyer will take your case will depend on the possibility of success and value of your claim since your general damages are capped by the MICRA law in California. Good Luck

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  • I am a plaintiff in a PI case. I was represented by a contingent-based attorney. The court granted my attorney’s motion to be

    relieved as counsel. I could not find another contingent-based attorney as my case requires a lot of work. Meanwhile, the insurance company’s attorney phoned me and offered a settlement though high, fell short to cover what I had to go through. I ...

    Pius’s Answer

    You of course have to have realistic expectations about the case. I do not know why your attorney-client relationship broke down. Since you are in Folsom, it is understandable that if your case was dropped by one attorney another lawyer in the City may be reluctant to step in.

    You may have to look into a larger city for a lawyer, like
    Sacramento or San Francisco. I do have a different take from my colleagues on contacting the defendant or the insurance company. Since you are in pro per it is OK for you to contact any one and the ethical bar applying to lawyers do not apply to you as a private party.

    On another note, you will be doing disservice to yourself handling the matter on your own. You may have a different take on lawyers if you were unhappy with the previous attorney-client relationship. You may want to readjust your thinking and try to be pro active with a new lawyer that may be willing to help you. There are several lawyers out there that can help you. I am not sure how close your case is to trial, if proper discovery has been done, if proper experts have been retained etc. If I were personally looking to step into a case I will look into the following factors:

    1. If I am able to get along and communicate with this person.
    2. Has the case been handled properly?
    3. Are there any credibility problems?
    5. Has the case been worked up properly?
    6. Has timely discovery been done?
    7. Has proper experts been retained?
    8. is there intrinsic value to this case to bat for the client and take it to trial?
    A lawyer that may answer "YES" to the above questions may take your case,if that will answer all the questions you have. Good Luck

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  • No response to filed petition

    If a petition to modify a trust and for elder abuse was filed and not responded to (after more than sixty days) can the petitioner ask the court to file a default against the respondent? Where can I read about this aspect of the law?

    Pius’s Answer

    You can seek an entry of default, but the responding party may still be able to set aside the default and any Judgment based on equitable grounds under California Code of Civil Procedure,Section 473.

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  • I lost my job and I had to represent myself as a plaintiff in a PI case. I successfully fended off the defendant’s attorney

    motions, demurrers, and msj. The opposing attorney and I were deadlocked on a date for her to depose me. The court granted the opposing attorney’s motion to order me to be available for deposition before the end of 7/31/2015. Following this court ...

    Pius’s Answer

    Although you amy feel little euphoric about the battle with the defense lawyer don't underestimate the strategy of the defense lawyer. The court will require youth attend a properly noticed deposition . Of course without knowing what transpired between you and the defense attorney it is impossible to give any advice.

    In short, it is dangerous to navigate the litigation without a lawyer,even though you think you may have gained some road practice. The defense lawyer is awaiting to play his cards to bury your case. I hope you can get into a working relationship with a personal injury lawyer to salvage your case.

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  • I fell down a ladder in an illegal unit I am moving out of ,I'm having serious pain and suffering

    I have 10 days left of my deposit I'm using up to move out ,the landlord served me with a false 3 day pay or quit notice ,I am disabled I panicked getting my things out his unit is not legal it has a very dangerous ladder and I fell yesterday and...

    Pius’s Answer

    Although we can sympathize with your situation, you will still need to prove negligence of the landlord. If you used your own ladder and was injured it is unlikely that you may be able to seek any recovery.

    However, if you were living in one of those illegal structures (I mean converted attic with the ladder and the ladder was dangerous you amy have a good claim. As other lawyers suggested , you should have pictures of such ladder and structure and a complaint to the Department of Housing,Alameda County to investigate the illegal structure. most counties will even give to relocation assistance in situations involving illegal structures.

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  • What are California's statues in a wrongful death law suit?

    Can pain and suffering be used in a wrongful death case ?

    Pius’s Answer

    There is no claim for pain and suffering for heirs in a wrongful death claim. However, if the decedent survived for a period of time before death, the estate can prosecute a survivorship action claiming both economic and non economic lisa,which includes pain and suffering during that brief period of life of the decadent.

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  • In order to settle a claim the company wants my Social Security number. Is this the norm and true.

    I slipped and fell on some liquid in a grocery store. I wrote a demand letter to the company handling the claim. I received a phone call from the company and the person handling the claim stated they are looking into settling but want my social s...

    Pius’s Answer

    Under the current regulations if you are a recipient of medicare benefits insurance companies are obligated to secure the Medi-Care interests. However, you only need to state that you are not a medi-care recipient and can avoid giving your social security number unless you are a medicare recipient.

    Since you have a slip and fall case it is highly unlikely that the insurance will settle the case and you will be better assisted by a personal injury lawyer.

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  • If the auto insurance company simply refuses to pay for the medical care they owe, can your personal health refuse to cover?

    Suppose the auto insurance company refuses to pay for medical care costs (not pain and suffering) for medical treatment when the insurance company itself admits a 50/50 liability. Can my personal health insurance refuse to cover what the auto insu...

    Pius’s Answer

    You have many questions here.

    First, third party liability carrier has no obligation to offer you any medical care and they will resolve the case only with a fight usually.

    Second, your insurance carrier has no obligation to pay for your medicals unless you carry medical payment coverage.In that case they are obligated to tender medical coverage to the extend of your med-pay limits UNLESS your med-pay carrier takes the position that the med-pay is only a secondary policy to your health insurance coverage.

    FINALLY, your health insurance ALWAYS has an obligation to render payment for your medical care.

    LASTLY, your health carrier can subrogate into your third party settlement and collect what they paid in your medical payments.
    LAST BUT NOT LEAST, if your med-pay carrier pays your medical payments they may under the terms of your policy subrogate into your settlement and take a piece of it.

    The above lays it out all, but if you are confused about the explanation Hire a good personal injury lawyer

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  • Can I sue State of California Med-i-cal for malpractice?

    I have had doctors change my epilepsy meds without doing a blood test, 4 months go by before I get an EEG, I've lost 40 pounds and have stomach pain 24/7 and each doctor ignore it. I feel like I am dying. I just want to see a real doctor and h...

    Pius’s Answer

    You may want to check if you have a claim against the manufacturer of your drug.So far you have not laid out any negligence claim except your fear . May be change your primary physician and get a second opinion on your drug.

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  • MEdical mal practice injurey or further injury due to neglagence do I have a case worth fight for my hand is dameged do to this

    I was addmited to the emergancy room on july 4 2015 at paradice valley hospital.I was suffering an injury on my knukle do to an altercation with a family member when the injury occured I took action do to the nature of these wounds tend too be s...

    Pius’s Answer

    You definitely have a claim against your family member for assault and battery. However, I have not seen enough facts regarding malpractice. Every medical mistake or results are not malpractice.You may need to have your records reviewed by a specialist(emergency medicine ) to first figure out about alleged malpractice and then figure out the damages that arises from this alleged negligence versus injury inflicted by your family member.

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