Randall Richard Walton's Answers

I was keeping my motorcycle at a friend's house, he took it without my knowledge and got in an accident, am I liable

You should wait. Since your posting doesn't make it clear if there was property damage or injuries related to the accident, at the moment there is nothing to do. Assuming there is some personal or property injury caused by your friend, and the injured party goes looking for recovery, it will ultimately be a quesion of fact whether he was using the bike with your permission or not. I think you're in pretty good shape, but if push comes to shove (that is if you were sued), you will likely have...

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Can i bring a wrongful death lawsuit against an individual for the death of a person from breast cancer.

Probably not. First, you would have to prove that your daughter's husband had a legal duty to assist his wife in obtaining/receiving medical care. I know it sounds obvious, but the answer is not clear. Assuming you could prove he had such a duty, you would then need to show that his breach of that duty was the cause of your daughter's death. Put another way, had he fulfilled his husbandly duties and assisted her in getting the medical care she needed that she would not have died. As you...

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Refuse settlement

The other attorneys here have given you excellent insights, but let me add another. Under California law, your siblings are required to participate in the suit, whether they like it or not. As mentioned, that doesn't automatically mean they are entitled to a greater share of any settlement. That issue can be resolved separately. As to your attorney's fees, if it is true that he/she would be entitled to $110,000 of a $200,000 settlement under your fee contract, that constitutes a 55%...

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Isn't this nursing home neglect? Please inform me.....

I would speak with another attorney. Six falls in six months, two resulting in fractures is, in my opinion, excessive. Interventions and proper care planning should be instituted to address the growing problems of falls, and it sounds like the facility failed in this regard. In addition, failing to remove someone from a facility does not absolve it from negligence. Yes, the other side will say, "if it was so bad, why didn't you move your father?," and that may have relevance to a judge or...

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My wife and child was in car accident the driver was on cell phone and hit them .he told trooper he was on phone and was his fau

First, I hope your wife and child are okay. If the negligent driver told the trooper that he was on the cell phone the police report should reflect that the accident was his fault. More often than not that is enough to establish fault, so your wife and child should be in good shape. If there was only property damage, then the negligent driver's insurance is required to pay for the repair or replacement. The insurance adjuster should walk you through that process, and typically it goes...

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How can I hold an assisted Living facility in New York accountable for their inaction?

Before you give up on the case, I would consult an attorney with experience suing nursing homes for neglect. While preventing a choking death may not have preventable, I would obtain a copy of his records and make sure there were no special orders regarding his diet. Was he considered a choking risk do to his age and condition, and were those risks ignored or neglect? Obviously more facts are needed to answer those questions, but you would be well served to initially take a look at his records,...

Verbal Abuse at a nursing home?

The first thing I would do is make a formal complaint with the organization that licenses and certifies nursing homes in the State of Texas. Here in California it is the Department of Public Health. I am sure there is a formal complaint-making process, and you should follow it. Second, I would move him to a new facility. I know that is frequently easier said than done, and I don't know your personal circumstances, but if it's that bad, maybe you should consider a different facility. Those...

Can i sue if the owner of a car knew it had a bad brake cilynder and didnt tell me, and it caused and accident?

If the prior owner deliberately concealed a defect in the car, and that defect caused an accident, you would have a legal claim against the prior owner. I would consult a local plaintiff's attorney to discuss.

I have a court date for compensation distribution from the death of my father. should I have a legal rep. present?

I would recommend that you consult a Michigan attorney. In California, you would have to be involved in both the lawsuit and the distribution, and would be entitled to a fair share of the distribution (unless you decided to waive your rights). Michigan may have different laws, but I think you would be served well by have an attorney with you.

Accident - any reaosn of hope?

There are always reasons to hope, but cases like yours are driven by the available evidence. If the "everyone else" you refer to in you question means numerous eye-witnesses who will testify that the accident was your fault, then you will probably be considered the liable party. It is important that you inform your insurance carrier of any and all evidence you think exonerates you from liablity. Your carrier, of course, would rather not pay the claim if it can be avoided and will likely take...