Shannon Claire Lamb's Answers

Whiplash

There is no average amount you should expect in a settlement. Furthermore, if you have objective evidence of a back injury (i.e. x-rays, MRI, CT Scan) the value of the settlement will likely be substantially greater than if you have sustained a subjective whiplash injury. In either instance, documentation is key. If you can show that you have experienced pain and suffering by reference to medical records and/or a journal documenting your pain, you will be in a better position to...

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Auto accident - statute of limitations

The statute of limitations in California is two years. You should consult an attorney for guidance as soon after the accident as possible. Keep in mind that, if the accident happened recently, it is probably better to know the extent of your injuries before filing suit (of course, keeping the statute of limitations in mind).

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I accepted a personal loan of $8000 from a friend with a verbal agreement. The friend now wants me to sign a promissory note. Am

I know of no legal requirement that requires you to sign a promissory note. However, you are still obligated to repay the money by virtue of your oral agreement to do so. Also, besides helping to preserve your friendship, signing a promissory note allows you to have some input into the repayment terms of the loan. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific,...

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On Dec 3rd 2010 i suffered a small heart attack in which during this time my landlord was advised. I gave her a two week notice

Landlords have very strict guidelines when it comes to the disposal of a tenant's personal property items. Here is a link to an article concerning these guidelines by the California Department of Consumer Affairs: http://www.dca.ca.gov/publications/legal_guides/lt-5.shtml From what you've stated, it does not appear that the landlord followed these guidelines and that she may have unlawfully taken or converted your property. This would entitle you to money damages. I would...

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An employee of mine is being sued in small claims.

I would add the following to the above response - While attending the hearing will be an imposition, it will be better to explain the situation to the judge now, rather than having to deal with the potential of default or collection actions. Make sure to bring documentation to the small claims court hearing establishing that the transaction at issue took place before your employee's employment. Disclaimer: Please note that this answer does not constitute legal advice, and should not be...

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Do I have a slander suit against my mother?

Sorry to hear about your troubles. In California, pursuant to Civil Code, Section 46: Slander is a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which: 1.Charges any person with crime, or with having been indicted, convicted, or punished for crime; 2.Imputes in him the present existence of an infectious, contagious, or loathsome disease; 3.Tends directly to injure him in respect to his office, profession,...

How do I find the cases handled by a specific attorney or their firm?

You should also use Google to see if you can obtain information about an attorney's track record. Your local law library may also have books with information about prior verdicts and settlements, listed by both attorney and practice area - in California, O'Brien's evaluator contains this information. Keep in mind, however, that past success does not necessarily mean that a particular lawyer will be well-suited for your case or compatible with your personality. Also, an attorney might have...

HIT BY NON-OWNER v. 2.0

As the owner of the vehicle in question, the uncle is also responsible for the damages stemming from your accident even though he was not the driver. The uncle should have car insurance, and a claim should be made with his carrier. It is also possible that the uncle may be liable for negligent entrustment, but this is usually the case where the person being allowed to drive the car has a history of accidents, or some other problem that suggests that the nephew is an unfit/unsafe driver....

Being sued in small-claims by uninsured motorist that ran a red light and hit me

I agree with the above responses. Although an attorney cannot represent you during a small claims court hearing, they can absolutely prepare you for the process and attend the hearing to monitor it. The attorney can also assist you during the mediation process that is likely to occur just before the hearing. Of course, your coverage is subject to any exclusion that your insurance policy may contain regarding small claims court. Disclaimer: Please note that this answer does not...

Dental Malpractice

You may also wish to consult with another dentist to get his/her take on the situation and to see whether you need to have the rest of your tooth removed. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create...