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Pius Joseph
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Pius Joseph’s Answers

1,124 total


  • Objections to General Form Interrogatories and documents already provided.

    So if I have the same objection to all of the interrogatories, do I need to list it in each response to each question? Can I just save ink and paper and time and say "party has the following objections to all interrogatories"? Also, if I provi...

    Pius’s Answer

    Are you a "pro per"? You cannot really object to discovery based on giving documents to an adjuster. You are
    in the freestyle wrestling match with a professional insurance defense lawyer. They will intimidate you, write "meet and confer" letters,move to compel,get sanctions and may even try to get your case thrown out.
    I am not writing this to make business for lawyers, but based on watching such disaster happen to "pro Per"'s in court rooms I have to say, "save yourself " and get a lawyer,if you have a good enough case.Good Luck.

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  • Who specializes in malpractices cases

    need help on a malpractices case

    Pius’s Answer

    Best is for you to post your facts, review the answers and then follow through the step of choosing a lawyer based on the recommendations.Malpractice is not an area for every lawyer. It is specialized, risky and too expensive. The case has to be really good before you can see any excitement about it. Good Luck.

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  • Car accident injury claim denied, adjusters say 50/50 liability; mechanism of injury, is this right?

    I was driving in a gas station parking lot with my daughter and got t-boned at low speed. I went to the urgent care that day and took my daughter to the er to get checked out. I am still in pain and have a MRI scheduled later next week. Anyhow, th...

    Pius’s Answer

    Based on the damage you describe this is not necessarily a "low impact" collision, unless you are adopting the adjuster's statement.
    Please do yourself a service by hiring an attorney. The adjuster is throwing the phrases at you to "lowball" make sure that you go away at some nuisance value.

    The mechanism of injury can be stated by an orthopedic surgeon, if you have spinal injuries Of course the insurance company will have their own "loyal" expert come up with a defense to your claim. Hire a lawyer that knows his stuff,if you want to win the war.

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  • How do I stop the neighbors from harassing us and can I sue the neighbors

    I live in the back house the neighbors have been complaining about the parking situation and us making noise making repairs to the house that we park both of our cars in front of our house that we rent we do nor block anyone the repairs we have p...

    Pius’s Answer

    Your facts do not reveal whether the neighbors actions constitute a nuisance . If not, you may want to have a candid conversation, or if that fails call the law enforcement if you believe it is a nuisance.

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  • How do we file a claim against hospital or what are her options?

    My 75 year old mom was walking her roommates dogs. She tripped on the dogs and fell to the ground. We rushed her to the hospital and after her visit she was told she was fine and sent home. For the past two months she has been in pain when she br...

    Pius’s Answer

    The answer if there is malpractice will depend on what the hospital did at the initial visit for a differential diagnosis. If they should have discovered the broken ribs and dislocated shoulder and collar bone there could be liability. These cases have a short fused statute of limitation (Generally one year from date of discovery against a private hospital and six months against a public hospital). These cases are expensive to battle and you will need a lawyer able to analyze,fund and fight the case.Good Luck

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  • What would the next best step be?

    I was in a single vehicle auto accident caused due to a negligent driver. I do not have any auto insurance but the driver and owner of the car have auto insurances which have agreed to settle at policy maximum. I sustained a cervical fractured and...

    Pius’s Answer

    It appears that you are maxed out on the policy. Your best bet is to negotiate on the liens if you are dealing with a minimum policy. If the policy is substantial hire a lawyer on terms that you can live with to negotiate the liens.Good Luck

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  • What is the Statute of Limitations for a personal injury action in California?

    How long do I have to file a lawsuit in California? What if it is under my Uninsured Motorist coverage in my insurance policy?

    Pius’s Answer

    General personal injury actions are to be filed within two years of the date of incident unless the defendant is a public entity. In that case you will have to comply with the Government Tort Claim Statute within six months of the date of injury. In uninsured Motorist cases, you must initiate arbitration proceedings within the time allowed for then statute including minors involved in the incident. Good Luck

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  • What is responsibility of a bar owner when a patron takes an open container of beer outside the bar?

    Patron was told he couldn't take beer outside toward the beach; however he ignored this and proceeded outside with open beer container on the public street toward the beach. At this point, what is the bar owners responsibility so as to not jeopar...

    Pius’s Answer

    If the patron is an adult and your should have no legal duty as to the conduct of the Patron outside your establishment.

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  • I've had claim going on for three years from a fall I had and suffered many I juries. I just had emergency surgery and Insur co.

    After 4 surgeries and three years of endless waiting. Ive decided my health can no longer play the waiting game. They are trying to push out qme reevaluation because of my last surgery If I don't want comp care anymore cause cuz all they have do...

    Pius’s Answer

    From the nature of your post it appears that you have a workers compensation claim.Such cases last until you are declared P&S(Permanent and Stationary) by a QME(Qualified Medical Examiner) ,AME(Agreed Medical Examiner) or by the treating doctor. You need to discuss with the attorney about what is going on with the case. This appears to a lack of client education or communication issue.
    If this is a personal injury case taking four years (which is unlikely these days), then you need to get a lawyer that can bring closure of the case by settlement or trial.

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  • Unauthorized driver of rental car totals other car, her insurance wants to record him if he was on the contract, should he?

    I let a friend drive my rental car, he was unauthorized and got in a car accident totaling the rental car and other car. Other car driver has lawyer for shoulder injury. His insurance is discussing whether to cover or not. They asked if he was on ...

    Pius’s Answer

    If I understand the question,you let someone drive a car that you rented without that person being on the contract.
    The rental company will not cover the loss for you since the driver is an unauthorized driver with some spousal exceptions.
    Your friend hopefully has insurance and must report to the insurance of the friend for coverage. If there is an insurance in place it will cover both the rental and third party loss.
    As to recorded statement, it is necessary to give it to ones own insurance but not to third parties. As to rental car company, they are probably seeking a statement to determine coverage.

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