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Jon Mitchell Jackson

Jon Jackson’s Answers

57 total


  • Unidentified road construction hazard causing accident

    The city has road construction where it is covering roads with an adhesive of some kind, and then loose gravel spread over the top. At some time later (hours, days) a large truck would drive over it to compact it. In my situation, this gravel was...

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California and each state's laws are different. Having said that, I ride motorcycles (mostly motocross) and always enjoy helping other riders protect their legal rights.

    The question is not whether or not signs were posted, the real question is whether or not your local or state governmental entity (or employee) caused an unsafe condition resulting in your accident. Another question is whether or not your particular governmental agency is immune from liability because of state or federal law.

    Bottom line, consult experienced local counsel to get your questions answered. Here is a brief overview of governmental liability…

    Federal Government Claims- Under certain circumstances, individuals may be able to recover against the federal government for personal injury, wrongful death, and property damage caused by the negligence of a federal employee, acting in the scope of his/her employment.

    A person is generally found to be acting within the scope of his/her employment if his/her conduct was authorized by competent authority (for example, a supervisor or a standard procedure), and was serving, at least in part, a governmental purpose. If an individual is injured by the act or omission of an independent contractor retained by the federal government, the government might be held liable for the contractor's negligence if the plaintiff can show the government had the authority to control the detailed physical performance of the contractor and exercise substantial supervision of its day-to-day activities.

    Even if they occur on government property, the federal government cannot be held liable for the intentional acts of assault, battery, false imprisonment or false arrest, abuse of process, or malicious prosecution, with limited exceptions as they apply to law enforcement officers. Also, the federal government cannot be held liable for damages or injuries that stem from the performance of, or failure to perform, a discretionary function.

    State Claims- An individual wishing to bring a premises liability claim against a state or municipal government entity will be bound by the state's government immunity laws. Many state immunity statutes limit liability for premises defects; some do this by establishing a relatively low standard of care owed to those on government property.

    For example, some state immunity statutes require that the government exercise that level of care which a private person would owe a licensee on private property, rather than the "ordinary care" standard that has been adopted by most states for actions between private parties. In addition, some states create different standards of care depending on they type of defect at issue, and whether the injured party paid to use the property.

    Several state immunity acts limit governmental immunity where a case involves a "special defect," which is a premises defect that is more dangerous than most because it presents an unusual and unexpected danger. A special defect is typically a condition that endangers ordinary users of a highway, road, or street, and usually does not have to have been created by the government entity to require the government to act to prevent injuries. For example, if a storm knocks a tree into a roadway, the government might be held liable for injuries resulting from the tree's presence if the government knew or, in the exercise of reasonable care should have known, of the problem.

    Finally, as with claims against the federal government, state immunity statutes have written notice requirements and notice of claim requirements, with which an injured party must comply prior to filing a lawsuit against a government entity.

    The above information is provided for discussion purposes only.

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  • Molested in a group home in KY state 9 years ago, can I still file charges or a civil lawsuit

    I was seduced and raped by a counselor in an Episcopalian Group Home in Kentucky, nine years ago. I was a ward of the state, and my mother had joint custody of me with my father and they would not allow me to live with her without doing investig...

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California but I do want to share several thoughts with you. Chances are, you were not the only victim. You should contact your local authorities and report this matter. Depending on how cooperative the police agency is or is not, you may also want to contact your local District Attorney's Office and ask to speak with an investigator (they may already have an active investigation open based upon reports by other victims).

    Contact an experienced local personal injury attorney to review the civil liability and damages aspect of this matter. You may be entitled to compensation for what has happened to you. A good civil lawyer will work with the criminal side of the case to interview witnesses and obtain related documents (discovery and investigation).

    Bottom line- TAKE IMMEDIATE ACTION!

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    An "AV" rated firm listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers
    www.JacksonWilson.com

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  • Train hit my car under OH state law can i pursue a personal injury lawsuit agains the train company

    I got hit by a train in my 03 kia, i also got a ticket even though there were no gates, lights, nothing to warn other then him blowing horn, which didnt happen. And you cant see him comming because of trees and bushes. How do i get the train print...

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California but I do want to share the following "train liability" overview with you. This information should give you several different ideas about how to get the information you are looking for. Bottom line, consult a local attorney to subpoena the documents you are interested in obtaining.

    Every hundred (100) minutes, someone in America dies as a result of being struck by a train. The occupant of a motor vehicle that collides with a train, is forty (40) times more likely to die, than if they had collided with another motor vehicle.

    Out of the more than 300,000 rail grade crossings in the United States, more than 80% of all public railroad crossings don’t have lights and gates; one third of these crossings have no active warning device of any kind. Motorists are made unknowingly susceptible by the liability of an approaching train. Warning time is often minimal to nonexistent.

    More than half of all railroad mishaps occur at these unprotected crossings. For those lucky enough to survive, the injuries sustained are typically life threatening, requiring extensive surgical intervention, many necessitating amputation. Thus the type of injury which results from a motor vehicle colliding with a train or a child playing on or around a railroad track only emphasizes the need for limited access to railway areas and increased warning devices.

    Trains cannot stop in time to prevent a collision from occurring. For while an automobile traveling fifty (50) miles per hour requires approximately fifty (50) feet to come to a stop, it takes a train over a mile and a half to stop traveling from the same rate of speed.

    While grade crossing warning signals have become more high-tech and rail traffic has steadily increased, the railroads responsible for maintenance have continuously reduced their workforce, leaving the public at increased risk.

    Liability can be established against the railroad by proving vegetation was allowed to grow too high in the right of way, blocking the view of both the engineer and the driver of the vehicle. Often, engineers don’t blow the required whistle sequence because the whistle is so deafeningly loud in the cab of the train.

    The train’s "black box" can be retrieved which will show use of the whistle and speed of the train prior to impact. Communications between the train crew and dispatchers are recorded. These recordings, through contentious discovery, can be key in establishing liability against the railroad.

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    An "AV" rated firm listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers
    www.JacksonWilson.com

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  • What is the best way to collect debt from an LLC that owes our business over 10K in AZ?

    An LLC owes our company over 10K for unpaid product purchased over the last year. They keep making excuses and are very unreliable. How do I collect this debt? Do I need a layer, or is the legal paperwork easy? How do I find a good debt collection...

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    It's amazing what a difference a collection or demand letter can make-- especially if it's from your lawyer. Use the AVVO service to find a well qualified collection attorney who practices law in the same city as the LLC. Most collection attorneys will provide professional services for a reasonable percentage of any amount collected.

    In the alternative, you may want to send a detailed written demand letter referencing the specific amount owned together with interest at the applicable legal rate. Send the demand certified mail return receipt requested or Federal Express so that you have a confirmation receipt that the demand was actually received. Also make sure that you indicate a specific date in your demand within which payment must be received (this will help you avoid an ambiguity issues).

    While the debt owed to you is by an LLC, keep in mind that if the LLC is not properly formed or managed, you may be entitled to also go after the individual members for payment. Referencing this in your demand letter may give you additional leverage.

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    An "AV" rated firm listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers
    www.JacksonWilson.com

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  • Tyson chicken recall. Do I get a refund?

    After buying several Tyson chickens from my local supermarket, I read that there is a Tyson chicken recall. I'm not going to eat the ones I bought, but I want to know whether I can get a refund and from who? Is the store that sold them to me obli...

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California and I am not able to tell what state you are sending your question in from. However, in California, the store will normally be happy to take by the item you purchased. If not, send the label off of the product to the manufacturer/ producer (search Google for their contact info) with a letter politely demanding the refund together with a copy of your receipt. Should not be a problem.

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    An "AV" rated firm listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers
    www.JacksonWilson.com

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  • Auto accident, how long does police have to issue a traffic ticket for accident in state of OH

    How long does an offficer have to issue and have you sign a traffic citation? I was involved in an automobile accident 6 days ago (it was a Friday). At the time of the accident the officer said he couldn't determine who was at fault and he would...

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California. In California, the investigating agency may take a reasonable amount of time to complete its investigation. Traffic citations can sometimes be issued immediately but in other cases it may take days and even weeks. We've had police reports ready within one week and in other cases involving major accidents, it has taken an incredibly long six months.

    If a traffic citation is eventually issued against you, you may be able to use the delay in your favor depending on the facts of your case. I've found that over time, witnesses tend to forget important details which can make it difficult for criminal charges to be successfully brought against you (the state has the burden of proof -- not you).

    It is not your obligation to initiate contact with the police agency. If they are going to issue you a ticket, they will mail you a notice or have it personally delivered. If this does not happen, then consider yourself lucky.

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    www.JacksonWilson.com

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  • Car accident and bicycle accident under MI state law who has right of way?

    if a car strikes (or is struck) a bicyclist as it (the car) exits a parking lot, who is responsible? In this case the driver failed to stop at the sidewalk and drove over and damaged my bike.

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California. In California, the driver of an automobile is responsible for his or her negligent or wrongful conduct. This includes negligently operating a vehicle causing injury and damages to other drivers, pedestrians, motorcyclists and bicyclists. In California, because the operator of a motor vehicle has a greater propensity to cause injury and harm to third parties, he or she is normally held to a higher standard of due care. You should consult a local attorney right away for legal advice in your city and state.

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    www.JacksonWilson.com

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  • Possibility of dropping charges against husband under CA criminal procedure

    my husband was arrested and released yesterday after I called the police and pressed charges. He is willing to start rehab tonight, but is afraid to miss his August 14th court date. If I drop the charges, does he still have to go to court?

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    Once the arrest takes place, you decision to drop charges is not controlling on the District Attorneys Office. They can move forward with charges with or without your consent or cooperation. If your husband is in custody or rehab, then this can be coordinated by your attorney with the DA and court to allow for completion and/or a continued arraignment date. Your husband or his attorney will need to appear to enter a not guilty plea and/or to continue the arraignment date.

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    www.JacksonWilson.com

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  • Business investment tax consequences of LLC and s corporation, changing business name

    Would an original business agreement be nullified if it is converted to an LLC with a different company name, but still the same business? Should we sign a new agreement with this new company name.

    Jon’s Answer

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    It depends on the language contained in the original business agreement. Normally controlling business agreements should be updated when major changes to a business (such as the entity status or ownership) occur. This way, all documents are current and this avoids a judgment creditor from raising issues allowing him/her or it to pierce the corporate veil or to allege an alter ego theory. Contact a qualified lawyer in your city today to get the update or amendment done!

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    www.JacksonWilson.com

    See question 
  • Which court do i file a personal injury lawsuit arising from car accident in CA state

    Can I sue an uninsured individual who rear ended my vehicle in Small Claims Court even though I am being reimbursed by my personal uninsured motorists insurance? Will the judge ask me why I expect to be reimbursed twice?

    Jon’s Answer

    Yes you can!

    You can bring a small claims action for up to $7,500.00 in Small Claims Court. But why take the time to do so?

    If the responsible party is in fact uninsured, simply send a letter to your insurance company asking them to setup a UM and/or UIM claim. Once you are done treating with your doctor(s), put a demand letter together (facts, injuries, damages, bills, photos…) and send it to your company with a settlement demand. If you are able to get your case resolved, then great!

    In California, your own insurance company may not legally raise your rates simply because you pursued a good faith UM claim.

    If your injuries are relatively minor (and you are sure of this), then you can probably handle the case on your own. If you are unsure of the true extent of your injuries or if your injuries are serious, you should be represented by an experienced attorney. Most good lawyer will assist you on a contingency fee basis (no recovery no fee) and most experienced lawyers can help you maximize the true value of your case which will more than offset the legal fees.

    There are strict time limits to file actions and claims (2 years in CA for a motor vehicle accident) and so make sure you have all critical dates protected. Bottom line, probably best to contact legal counsel.

    Hope this helps!

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    23161 Mill Creek Drive, Ste 150
    Laguna Hills, CA 92653
    Tel No. 949.855.8751
    Fax No. 949.855.8752
    Email: mjackson@jacksonwilson.com
    Website: www.jacksonwilson.com
    Law Blawg: www.injurylawblawg.com

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