James David Pacitti’s Answers

The short answer is yes, as the client you are entitled to see all correspondence between you and the insurer for the at fault party (or your file in general). However, as a practical matter, it is odd for a client to review an ongoing file. If you are concerned about your file being neglected, feel free to contact your attorney intermittently for status updates. If he or his staff does not respond promptly (or at all), then that is cause for concern. If you are concerned about your...

Since you did not have auto insurance, CA law limits you to seeking recovery for your medical bills, lost wages and property damage. You cannot recover any damages for pain and suffering. If you have not done so, you should immediately submit a claim with the other parties insurer for property damage and medical bills. I recommend contacting a local attorney, though the absence of insurance coverage may make it difficult to retain an attorney on an contingency fee since the fees would...

First, anyone can sue anyone for anything even if it does not have merit. However, if the thrust of your question is whether you would be liable, it depends on what you posted. Defamation is a false statement of fact that is published to third parties which effects the reputation of another. So it does not apply to strictly opinions and truth is an absolute defense to a claim of defamation. If what you posted was true or an expression of your opinion, you would not likely be held liable....

Your insurer has a duty to defend your for any covered loss, which presumably this accident would be considered. Ultimately, your employer through its insurer will be primarily responsible, assuming you were driving in the course and scope of your employment when the accident occurred (as opposed to if you were on personal business though driving a company vehicle). Even if you were found to not be in the course and scope of your employment and, therefore, your employer is not responsible,...

The language you are referencing appears in every release (that I have seen over 17 years of practice). No one ever admits liability, though the party is paying money. You are not exposed to any liability based on that language. You should be more concerned on the essential terms of the release - the amount that you are to be paid and whether it releases the party from any other claims (such as a potential personal injury claim). If you are not seeking any damages beyond the property...

You may have a claim but there is no way to tell based on the information provided. To prove a claim of medical malpractice, you must show by a preponderance of the evidence that the doctor deviated from the standard of care for comparably licensed physicians and this deviation was the legal cause of your son's injury (burst appendix). This determination requires a thorough review of your son's medical records and medical history by an experienced medical malpractice attorney. I encourage...

First, I assume your wife sustained an injury because otherwise your insurance will cover the property damage to your vehicle (less your deductible). For your UM coverage to apply, the other party must have been at fault. Though receipt of a citation does not prevent you from claiming the other party was at fault, in whole or part, your insurer will surely use that to deny your wife's claim. Therefore, if you wish to pursue the UM claim, you should challenge the citation. It would be wise...

You appear to be a candidate for a chapter 7 bankruptcy which would discharge the credit card debt as well as other obligations. However, the determination of whether you should file bankruptcy and whether you should (or can) file a Chapter 7 or a Chapter 11 can only be determined by a qualified bankruptcy attorney after discussing your situation with you and reviewing for your relevant financial documents. I recommend consulting a local BK attorney. Good luck.

First, hiring a lawyer will be well worth the percentage of the recovery taken for attorney's fees. Walmart will never pay you the true value of the case, if anything, if you represent yourself. Walmart is known to be very litigious and will almost surely outright deny your claim without an attorney. Even if you retain an attorney, a lawsuit will likely be necessary to recover full value. Slip and fall cases are challenging for even experienced attorneys, so I believe you have virtually no...

It is difficult to properly answer your question without a thorough analysis of your financial situation. However, it appears you are a candidate for a chapter 7 bankruptcy, especially if the debts you speak of are consumer debt (as opposed to student loans, secured creditors, etc.). I would strongly recommend consulting with a local bankruptcy attorney. Otherwise, you may spend a lot of time and money trying to pay of these debts only to perhaps decide much later that BK is your best route.