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James David Pacitti

James Pacitti’s Answers

31 total

  • I had a judgement done on me in 1998 can I be sued twice for the same thing.

    I was in a car accident in 1997 the judgement was ordered in 1998 by Enterprise leasing co. I was stuck with this because I had no Insurance or license. Can I be sued again for the same thing after 14yrs I was on disability then and I still am, al...

    James’s Answer

    You cannot properly be sued twice for the same transaction or occurrence. Also, the statute of limitations has surely passed on any claims from a 1998 car accident.
    However, you may be pursued for the judgment for many years. I am not licensed in IN but the statute of limitations on judgments in most states are either 10 or 20 years and can be renewed prior to the expiration of that time period.

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  • Im 24 now when i was a baby the doctor messed up my circumcision and i almost bled to death is it to late to file a suit?

    I just found out from a long talk with my mom. I finally told her i was trying to have a kid and i have been unsuccessful. She told me that the doctor who circumsized me cut to far and told her there was a strong possibility that i won't be able t...

    James’s Answer

    I am not licensed in Michigan, but it appears your claim is barred by the applicable statute of limitations, which reads:

    In the case of a minor under eight years of age, the action must be commenced by the minor’s 10th birthday or within two years of the date of the injury, whichever time period is greater. Additionally, in cases where a minor under 13 suffers an injury to the reproductive system, the action must be filed by the minor’s 15th birthday or within the general two-year medical malpractice statute of limitations, whichever time period is greater. In all other medical malpractice cases involving minors under 18, the minor has one year after his or her birthday to file suit, but in no event less than two years after the date of the act giving rise to the injury occurred.
    You can consult a local medical malpractice attorney to be sure.

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  • I overdrew my bank acct with a debit card i am now 700 i the red ca i go to jail i had debit card protection

    I want to work out a payment plan but cant pay but 25 month the bank is chase

    James’s Answer

    You will not be criminally prosecuted for an overdrawn checking account unless you engaged in fraud of some sort (towards the bank or third parties) which, based on your brief facts, does not sound like it is the situation at all. The bank may pursue you in some fashion to recover the overdraft amount if you cannot make a mutually agreeable arrangement, but that is a civil, not a criminal matter.

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  • Can i get a warrant and a felony for not paying a payday loan that has been in collections for the past 4 years ?

    I have not received any court papersand no mail in regards to this issue and got a call today from a investigator she called her self

    James’s Answer

    You cannot be arrested for owing money. You are the victim of debt collection harassment. Some debt collectors make false representations such as threatening arrest for not paying a debt to scare consumers into paying the debt. The "investigator" is very likely just a debt collector. It may not even be a legitimate debt collector. If you want to provide the name and phone number of the debt collector, I can provide you more information. Also, be sure not to provide any personal information (Social Security number, etc.) to the debt collector as it may be a scam. You should consult a local consumer protection attorney who specializes in debt collection harassment.

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  • Can I sue my pediatric doctor for wrong treatment to 9 yrs son?

    Recently my son got stomach pain and went to my doctor, he started wrong treating for gas instead of appendicitis. After 6 days of miss treatment, finally I took him to ER to get correct treatment for appendicitis operation. Finally they did appe...

    James’s Answer

    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 you to contact a local attorney to discuss the claim.

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  • I received a summons for court Oct,23,2012 for a credit card debt, I am on SS. Can I file bankrupsy.

    I own a 89 pickup, no real estate . Got divorced in 2009 and agreed in papers that this was my responsibiklity.

    James’s Answer

    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.

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  • I was rear ended, the driver lied said I was responsible, his insurance paid for all repairs , my ? is about release language

    His insurance has offered a settlement for a dimisinished value claim, I accepted the offer, but not sure about the language on the release form because although they paid for all, they still have language that says the accident was disputed, "l...

    James’s Answer

    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 damage, then this is not a concern. Of course, no one can properly advise you without reviewing the actual release, so if you have further concerns, or if you are seeking damages beyond the property damage, you should consult with an attorney.

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  • Can I, the injured party, conduct a personal injury accident claim myself, and have a decent chance of winning?

    I slipped on a flower petal in Walmart on 6 Sep 12 and broke the fifth toe metarsal bone. I immediately did an accident/incident report with the manager. He saw the scene of the accident (the smuged flower petal and the scuff mark from my other ...

    James’s Answer

    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 chance of receiving any compensation without retaining counsel. It is better to have 60% of something than 100% of nothing.
    Second, there is really is no such thing as an average claim. Each claim is unique and is based on the amount of medical bills incurred, future medical treatment required, past and future lost wages or loss of earning capacity and pain and suffering.
    Contact a local attorney immediately.
    Good luck.

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  • My husband was in a car accident, no insurance and no license.

    Due to financial issues, we couldn't afford insurance but he needed the car to drive to work. He was hit by a driver who was having a diabetic episode. The driver clipped our vehicle, open road. He was also being chased by the cops. The police tol...

    James’s Answer

    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 essentially have to come out of the money you may need to pay your medical bills (most doctors will only treat a PI client with no insurance on a lien which means you agree to pay no matter the outcome of your case and the provider will insist the attorney honor the lien). If the insurer denies your claim, you can sue him but collecting from individuals can be difficult. However, be sure to submit your claim to the at fault's parties insurer immediately. If the claim is denied or if you are unsatisfied with the settlement offered, you have 2 years under the statute of limitations to sue for personal injuries and three years for property damage from the date of the accident. Good luck.

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