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John Russell Sorensen

John Sorensen’s Answers

49 total


  • How do I go about starting a lawsuit against a driver who hit my son while riding his bike?

    My son was hit by a car while riding his bike thru a shopping center. Police were called but did not make a report because it happened on private property. I only got an incident report.

    John’s Answer

    I am sorry to read about your son. In order to obtain the best result you should proceed just like you would with any legal action. Consult a knowledgeable attorney who can then contact the party that caused the accident and proceed against that party and his insurance company. You should also consider if there is any liability on the part of the shopping center owner.

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  • An uninsured motorist hit me while riding my motorcycle, I'm not sure what to do. Is it worth it for me to hire a lawyer?

    The driver turned left into me as I was passing through an intersection. There was a 3rd party witness. The accident report still hasn't been finished. I took evasive action, but the driver continued to move toward me. 3-day hospital stay and surg...

    John’s Answer

    Yes. It is important that you hire an attorney. Even though the person that hit you may not have insurance, you may well have uninsured motorist coverage in your own policy. You will need to proceed against the guilty party to prove he does not have insurance and then proceed, in arbitration, against your own insurance company. It is important to have an attorney who can represent you so you receive the maximum coverage for your injuries and compensation for loss of income and related losses. Our firm has successfully represented clients in these such cases and would be happy to discuss your case with you.

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  • How to file for an easement by prescription on a driveway which we have used for 30 years

    A private school is encroaching and has placed a property "stake" on my property and or easement of 30 years, now they claim they own it thus land-locking my property. How do I get an Court Order to cease and Desist?

    John’s Answer

    In order to protect your interest you will need to file a lawsuit to enjoin the action being taken by the school, as well as for quiet title and related causes of action so that a court determine what your rights actually are. While it appears that you have a potential case to establish and easement by prescription, you should also look at other legal theories by which to protect your interests such as easement by necessity or implication. Meanwhile the cause of action for a permanent injunction will also support motions for a temporary restraining order and preliminary injunction pending the court's determination and final judgment.

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  • What would be a fair compensation for soft tissue injury and pain and suffering in a not at fault auto accident?

    My 20 year daughter's car was broadsided at an intersection by another vehicle that ran a red light. The police report concluded that the other driver was at fault based on witness statements. I have over $5500 in medical bills and the insurance...

    John’s Answer

    Unfortunately the response from the insurance company is predictable and appears to be on the lower end of what one should expect from this type of injury wherein your daughter appears to have been at no fault. You need aggressive representation to obtain a fair result. We have assisted others in similar situations.

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  • Due to a string of errors, the refi loan the neighbors got includes some of my lot. Can I get a release from the loan company?

    The county failed to properly record a deed transferring a sliver of land to us (they have since recorded the deed), so the legal description of the neighbors lot up until recently included a sliver of our land. Prior to the title being fixed the...

    John’s Answer

    • Selected as best answer

    There are several approaches to take in handling a situation such as this. It can be as simple as filing a corrected deed of trust to having to seek court intervention. We handle these kinds of matters and would be happy to review the facts and circumstances of this situation to determine the best method of resolution.

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  • I need a tough lawyer to either split up or take my mother off of a trust.

    My mom has been making bad decisions since my dad passed away. She has been doing a lot of projects on my houses that I didn't know about. She has loans out on my house and her house because of her bad choices. This has been going on for two years...

    John’s Answer

    It will take a review of the trust to determine what your rights are at this point. There are issues such as whether or not you are a vested or contingent beneficiary at this point. You are correct that these matters can be hard-fought. We have successfully represented clients in actions such as this and would be happy to review your situation.

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  • Son has two sons. Daughter has four daughters. I am willing all money to each adult grandchild EQUALLY. (1/6th each). Fair?

    Son and daughter have been pregifted...generously. But son is upset. Thinks money should be split fifty fifty. Then his sons split their half two ways. Daughter's daughters split their half four ways. Where is King Solomon when I need him? ...

    John’s Answer

    This question is similar to questions I frequently am asked by clients. The answer is not a legal one but one that is unique to each family and set of circumstances. What is important is that you retain an attorney to draft the document that will be fair in your situation and provide the result you intend. You do not want to draft estate documents on your own since it often leads to disputes as to what you really wanted to do as to each of your children and grandchildren.

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  • What do I do about being on septic when the house was sold to me on sewer?

    I've owned my home 3 years and was told it was sewer connected. I recently found a septic tank that my house runs into. Who do I contact to get reembursed for theses new fees, pumping and repairs?

    John’s Answer

    You must act immediately to protect your rights! The statute of limitations is generally three years for concealment or misrepresentation. If the seller knew that the house was on septic but represented as being connected to the sewer, that would be failure to disclose a material fact about the property and you would have a right to recover any damages that you have suffered. There are other issues regarding the amount of damages, other theories of recovery and potential claims against other parties but you need to act now to protect any rights you may have.

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  • What is a good amount to settle with an insurance company for lost wages?

    I was recently the passenger in a car accident where the car went nose first into the ditch. Other than scratches on my face from hitting the windshield the only long term damage is that i broke my ankle. This caused me to lose my job because I am...

    John’s Answer

    While there are some details missing from your fact situation, it appears that you have injuries that were caused by the driver or another party and you should be compensated for your injuries. Our office has assisted a number of clients who have suffered injury in car accidents and we would be happy to discuss your case without any obligation. Our office does not charge attorney fees in such cases as yours until you receive a recovery.

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  • In a deed of trust, does the trustor and beneficiary need to both sign and notarize or just the trustor.

    I am the trustor and i know i have to sign but there is no space on the Deed stating "signature of beneficiary." Do they not need to sign?

    John’s Answer

    In a typical loan transaction , in which real estate is encumbered, only the borrower--the trustor--executes the trust deed. If there is any question, you should have an attorney review the document. My office has assisted a number clients in such transactions for over past twenty-five years. Let us know if we can be of assistance

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