Alison Swicker Gokal’s Answers

Alison Swicker Gokal

Newport Beach Personal Injury Lawyer.

Contributor Level 12
  1. Why didn't Defendants oppose my Motion to Amend Complaint?

    Answered about 2 years ago.

    1. James Juo
    2. Kevin Samuel Sullivan
    3. Alison Swicker Gokal
    4. Robert A. Stumpf
    5. Ann Penners Bergen
    6. ···
    6 lawyer answers

    It can go either way. Courts usually always grant a first motion for leave to amend. Smart defendants don't usually oppose since it gives them a chance to demurrer to the complaint.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Other driver at fault, do I have any right to compensation for having no car to drive during repair?

    Answered almost 2 years ago.

    1. Harold Semanoff
    2. S. David Rosenthal Esquire
    3. Alison Swicker Gokal
    4. Kevin Coluccio
    5. Lars A. Lundeen
    5 lawyer answers

    The prior advice is correct. I just need to add that you may need to seek the assistance of a local attorney. Keep in mind, that while the insurance carrier is under a contractual duty to you and the other driver, they will always act in their own best interest.

    6 lawyers agreed with this answer

  3. Def. vacated default based on false declaration. what points &authority must I use to get default reinstated?

    Answered almost 2 years ago.

    1. Caroline Victoria Tucker
    2. Michael Charles Doland
    3. Alison Swicker Gokal
    4. Michael L Coates Sr
    4 lawyer answers

    I agree with Mr. Doland. Although the other side is/may be lying, the court usually does everything it can to avoid a he said, she said debate. Instead, they let the issues be heard instead of enabling finger pointing. I suggest you hire an attorney.

    4 lawyers agreed with this answer

  4. Anyone have experience appealing verdicts because of inadequate damages in personal injury cases?

    Answered almost 2 years ago.

    1. Jeffrey Michael Padilla
    2. Alison Swicker Gokal
    3. Timothy A. Provis
    4. Alan James Brinkmeier
    5. Jeffrey Mark Adams
    5 lawyer answers

    Appeals are very tricky as the grounds depend on so many things that occurred during the trial. If you had an attorney during the trial, I strongly suggest you speak with him or her about this issue. If not, I suggest you contact an appellate attorney. AVVO is a great forum for simple questions. Yours is too complex. I am sorry.

    4 lawyers agreed with this answer

  5. Do I need to file a response? Settlement already made in Civil Case.

    Answered almost 2 years ago.

    1. Alison Swicker Gokal
    2. Frank Wei-Hong Chen
    3. Neil Pedersen
    3 lawyer answers

    It would be best to file a response, and seek a waiver of the filing fee. This document would be available in the court's office. The reason a response is best is because it is a "partial settlement." Why can't it be a full settlement. You could also try to have the Plaintiff's attorney sign an agreement that the Plaintiff agrees to not seek a default judgment against you without providing you at least 30 days to file an answer. The problem with this is that the court could get annoyed and...

    4 lawyers agreed with this answer

  6. I am trying to find my husband a lawyer that will help fight for him in a criminal case and malpractice case rebecca shaw

    Answered almost 2 years ago.

    1. Alison Swicker Gokal
    2. Ajay Mohan Kwatra
    3. Richard Franklin Taub
    3 lawyer answers

    I suggest you schedule an appointment with your defense attorney. However, if your husband has a public defender, then their time is very limited. Unfortunately, they often have too many cases and no time. If you believe there is a medical malpractice case, you would need a malpractice attorney who are usually hired on contingency. You can contact your local bar association for a referal to one who could provide a free initial consulation.

    4 lawyers agreed with this answer

  7. Can fermentation occur in blood that's refrigerated?

    Answered almost 2 years ago.

    1. Alison Swicker Gokal
    2. Joseph Briscoe Dane
    3. Michael Charles Doland
    3 lawyer answers

    the chemical balance of blood can change over time, unless a product is placed in the blood to stop or freeze the process. If you have ever had your blood drawn, you may have noticed the vials from the phlebotomist. They have a product in the bottom of the vial. These will usually freeze whatever process is occurring in the blood. Additionally, refrigeration also slows down any chemical reactions.

    4 lawyers agreed with this answer

  8. How much would a judge approve for minor personal injury settlement @ minors comp hearing in ca. 3 years of illness from infant

    Answered almost 2 years ago.

    1. Ivan Barry Schwartz
    2. Alison Swicker Gokal
    3. Frederick Joseph Sette
    4. David Alan Wolf
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    In California, the court will be reviewing the entire settlement and case. The judge will review the facts of the case, whether the settlement was proper, the current and future injury of the child, the costs and fees collected by attorneys, and the distribution to other plaintiffs. It is impossible to answer your question without knowing the facts of the entire case.

    4 lawyers agreed with this answer

  9. In taking uninsured driver to small claims court, do I need documentation from insurance co to show defendant had no insurance?

    Answered almost 2 years ago.

    1. Frank Marvin Nunes
    2. Ivan Barry Schwartz
    3. Alison Swicker Gokal
    4. Christian K. Lassen II
    4 lawyer answers

    you do not need to prove that the other party doesn't have insurance for the purposes of your case. However, it may be something to use as evidence to establish that the driver was not following California law at the time.

    4 lawyers agreed with this answer

  10. Can a plaintiff get more, about 2.5 more, than the Policy limit in a car crash?

    Answered almost 2 years ago.

    1. Tai Christopher Bogan
    2. Alison Swicker Gokal
    3. Daniel Nelson Deasy
    4. Jonathan Craig Reed
    4 lawyer answers

    Also, Does 1-100 just reserves the right to add another defendant. You need your insurance to get involved. If they settle with your insurance carrier, they can't go after your family as well.

    4 lawyers agreed with this answer