Robert Andrew Michael Burns’s Answers

Robert Andrew Michael Burns

San Diego Family Law Attorney.

Contributor Level 17
  1. Should I accept the policy limit of the at-fault driver, even if it only covers a fraction of my damages?

    Answered 9 months ago.

    1. Steven Mark Sweat
    2. Mariam Mary Margaryan
    3. Wendy Marie Schenk
    4. Ronald M Tillman
    5. Christian K. Lassen II
    6. ···
    16 lawyer answers

    I don't practice bankruptcy law but I understand that should the driver be convicted of a crime or be proven in a civil case to have acted with malice then the Bankruptcy Court will not discharge a damages award in your favor arising out of that misconduct. But, you may never find resources to pay your judgment. What needs to be done is some civil disobedience in the toilet bowl we call the State Legislature. The liability limit of $15,000 (which used to buy a beachfront cottage) is so...

    21 lawyers agreed with this answer

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  2. Do you think it really matters what type of attorney a person retains in a personal injury situation?

    Answered over 1 year ago.

    1. Ilya Demetrios Frangos
    2. Frederick Joseph Sette
    3. Malosack Berjis
    4. David B Pittman
    5. Randall Richard Sevenish
    6. ···
    21 lawyer answers

    If there is a serious dispute over whether the motorist was liable for the child's injuries, I'd either replace or supplement the existing attorney with one competent in automobile-pedestrian liability cases. An attorney dealing in elder abuse may have the expertise to valuate, prove up, and litigate serious-head-trauma cases BUT not if the elder abuse experience is of the financial type. If Redding is as small a town as I seem to remember it (I have a brother in-law who lives there), then...

    21 lawyers agreed with this answer

  3. I'm currently P&R bulging disc; I have symptoms in the upper back not mentioned on the WC report. How Should I proceed?

    Answered 9 months ago.

    1. Alan Ray Barnes
    2. Christopher John Gansen
    3. John L. Schroeder
    4. David Herman Hirsch
    5. Christian K. Lassen II
    6. ···
    12 lawyer answers

    You definitely have a WC claim. You may have a traditional "tort" claim, too, against someone other than your employer; perhaps the truck, unloading equipment, etc. was in negligent or defective condition.

    18 lawyers agreed with this answer

  4. I was jumped two years ago right around this time. There were $60,000 medical bill. I have never pursued this case. PLEASE HELP

    Answered 10 months ago.

    1. Wendy Marie Schenk
    2. Robert Andrew Michael Burns
    3. Christopher John Gansen
    4. Jason Todd Studinski
    5. Christopher Daniel Leroi
    6. ···
    13 lawyer answers

    There probably is a 2-year deadline imposed by statute to sue anyone you believe to be responsible for the jumping and injuries. In addition to liability on the part of your assailant, there might be liability on the part of a premises owner for lack of lighting, warning, security, etc. Were there a criminal prosecution resulting in conviction of your assailant, you likely would have an order requiring your assailant to make restitution to you of your economic losses caused by the assailant....

    16 lawyers agreed with this answer

  5. My son got a settlement for his personal injury case. But my lawyer says that we cannot touch it until he is 18)

    Answered 9 months ago.

    1. Alan Ray Barnes
    2. Wendy Marie Schenk
    3. Philip Anthony Fabiano
    4. Jeffrey Mark Adams
    5. Thomas Edwin Martin
    6. ···
    12 lawyer answers

    I find your request offensive. My mother raided my P.I. settlement when I was a kid and my father raided my grandfather's trust from which I was to inherit. You have my sense of morality and you have an attorney intimately familiar with your case. Please spare us.

    15 lawyers agreed with this answer

  6. Would an attorney take on a small injury and accident case caused by a large hole in the pavement entering a stripmall

    Answered 9 months ago.

    1. Olga Porven
    2. Christopher John Gansen
    3. Christopher Daniel Leroi
    4. Christian K. Lassen II
    5. Robert Andrew Michael Burns
    6. ···
    11 lawyer answers

    Determine whether the hole was on purely private property or on a public easement. Concord should assist you in making that determination. You have only 180 days to file a claim against a public entity--as a prelude to suing--but 2 years to sue private parties.

    15 lawyers agreed with this answer

  7. SHOULD I SEW FOR DAMAGES OR SETTLE WITH INSURANCE? IN EACH CASE WHAT KIND OF MONEY/TIME AM I LOOKING AT ?

    Answered 10 months ago.

    1. Mariam Mary Margaryan
    2. Wendy Marie Schenk
    3. Robert Bruce Kopelson
    4. David Lee Fiol
    5. Alan Ray Barnes
    6. ···
    15 lawyer answers

    Assuming you are a minor (under 18) as you appear to be, your parents must pursue your claim for you and a "guardian ad litem" (probably a parent) must sue for you. It appears to be that you were at fault in causing the collision since you darted across the street without looking for opposing traffic; but, it appears to me also that the motorist was also at fault for running a red light and/or not stopping in the vicinity of the bus as required by California statute. It may also be that the...

    15 lawyers agreed with this answer

  8. Big toe infection from cut on top left big toe-on antibiotics 4x/day; Can I sue?Shop-Oakland,CA.

    Answered 9 months ago.

    1. Christine C McCall
    2. Robert Andrew Michael Burns
    3. Christopher John Gansen
    4. David Ian Schoen
    5. Albert Lee Crosner
    6. ···
    8 lawyer answers

    I am not optimistic that you'll settle this case directly with the salon. Issues in my mind are sanitation and timeliness of getting medical treatment and adequacy of following medical directions, but for now I'll assume no error or delay on your part. Your case is not ready to be evaluated as to your damages and you did an exemplary job in marshaling the damages/consequences of the cut/infection. I wonder if your medication should be changed, as it seems to be causing your nauseous stomach....

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  9. How do I find out if my lawyer has settled my case without my knowledge?

    Answered 10 months ago.

    1. Christian K. Lassen II
    2. Briny Adam Woods
    3. Robert Andrew Michael Burns
    4. John L. Schroeder
    5. Andrew Lawrence Weitz
    6. ···
    10 lawyer answers

    PS: If the man is no longer licensed to practice law, you should not expect acceptance or return of your calls.

    13 lawyers agreed with this answer

  10. Personal Injury Claim, what options do I have a vailable?

    Answered about 1 year ago.

    1. Malosack Berjis
    2. Pamela Octavia Pitt
    3. Steven Mark Sweat
    4. Jeffrey Michael Padilla
    5. Mariam Mary Margaryan
    6. ···
    19 lawyer answers

    To supplement the excellent advise given you by my colleagues, a criminal prosecution should have been pursued and it would have entitled you at the prosecutor's expense to get an award of your economic losses (e.g., lost earnings, medical expenses). Whether or not it was illegal to text and drive then, the driving was reckless and thus criminal. Look to see if the driver was conducting business on someone's behalf. Lastly, complain to the Governor and your representatives in the State...

    13 lawyers agreed with this answer