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Alison Swicker Gokal

Alison Gokal’s Answers

156 total


  • How do I tempt a Medical Malpractice / Wrongful Death attorney to meet with me and go over 800+ pages of hospital records etc...

    My husband passed on April 4th 2013 at a local hospital. I posted a question in regard to this shortly after his passing on AVVO and all of your answers were VERY VERY helpful and I took this good advice and immediately began to search out Califor...

    Alison’s Answer

    normally a Mal-Practice attorney will require an initial deposit to cover a medical record review by an expert. If your case has merit, you will recover this amount at the end of the case. There are numerous AVVO mal-practice attorneys in your area. Check out the website.

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  • If I file an appeal for a Summary Judgment that was dismissed favoring the insured homeowner, what is the chance of settling?

    I was injured when rescuing a toddler from a staircase. I sustained severe injuries to my wrist, torn ligament, and substantial dental injuries. My attorney argued that the child's grandfather was liable as the home was not child-proofed. USAA ...

    Alison’s Answer

    Thank you for your question, but unfortunately I cannot give you an estimate on the probability of a settlement, as there are so many factors at play. I strongly suggest you speak with your attorney about a possible appeal as well as the possibility of a favorable settlement.

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  • Can I take the mediator(Family court) to small claim court for writing a one sided report which was not adopted by the court?

    I want to get my money back from her including my attorney fees.

    Alison’s Answer

    You cannot bring the mediator to court because you don't like their report. Do you have an attorney assisting you with your divorce? An attorney should be able to guide your case to an equitable outcome as attorneys are more neutral than clients and are able to point out the best parts of a case to a mediator.

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  • The lawyer assigned for mediation has filed a Notice of ADR Neutral Recusal for reason of "scheduling conflict." What is the

    next step for the Plaintiff? Should I just wait for the notice from the state court for the next assigned mediator?

    Alison’s Answer

    I agree with the above answers. You can also contact the court clerk to find out if the court has another neutral that you can contact. You will need to work with the other parties in this case to formulate a stipulation to either continue the date of the mediation or to change the assigned mediator.

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  • How many Doe defendants are customarily sued in San Francisco Superior Court?

    Hello, I understand that it is common practice to sue Doe defendants. Is there a maximum amount, or a customary amount, of Doe defendants to sue in San Francisco Superior Court. Is 100 a good number? Thank you.

    Alison’s Answer

    The purpose of naming a DOE defendant in a complaint is to enable yourself to add more defendants if during the course of discovery, more viable parties are revealed. In some cases, it is sufficient to have only 10 Doe defendants. It is customary to have up to 100. It will not cost you more to have 10 or 100, but you will have to pay to "Doe" a defendant in (bring in a new party via a Doe Amendment).

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  • If I file a lawsuit and loose will I have to pay defendant's attorney's fees and costs. I want to sue a car dealer.

    I want to sue a car dealer but I am afraid that if I loose, I will have to pay his attorney's fees also. How is it determined when plaintiff has to pay defendant's costs.

    Alison’s Answer

    There is always a risk of having to pay the defense cost IF the lawsuit is frivolous or there are problems with the presecution of the claims (i.e. failing to move forward efficiently and properly with the law suit). This is often why an attorney is needed in order to ensure that there is a viable claim and that the case is properly moved forward.

    As my colleuges stated, there could also be a provision written in your contract with the car dealer that would limit the method of seeking compensation (i.e. an arbitration agreement).

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  • Which court can I sue in? Federal or State?

    When someone forges a state court seal, can that person be sued in Federal court?

    Alison’s Answer

    Forgery is usually a criminal offense. It would be up to the State or Federal Governments who would want to go forward on a criminal issue.

    As for a civil action, I agree with my colleague.

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  • Does any one out there want to take on a pro bono case against a school district if we win you will get paid?

    Where can I find help for this matter?

    Alison’s Answer

    Can you provide a brief overview of the facts in this case? What caused the expulsion?

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  • Is torrent movie, tv show and porn consider criminal proceeding or civil?

    do torrent movies, tv show and pornography consider to be under civil or criminal proceeding or what law state the sol for it, i know it around 3 to 5 years but for downloader what is sol on that

    Alison’s Answer

    Are you asking what the statute of limitations is in regards to pirating these types of movies?

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  • Can I sue my cell phone carrier if their employee gave out my personal call data to a 3rd party?

    The employee accessed my account and gave out my call log to a 3rd party

    Alison’s Answer

    It depends on a few things. First, how did you become aware of this? Second, to whom was the information provided? If it was provided as a result of a subpoena or warrent, then the short answer is no (unless there was a protective order). Third, you may have a case if you never signed any documents with your cell phone carrier that allowed them to provide your call data in certain instances. It is not cut and dry.

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