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Thomas Westwood Degn
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Thomas Degn’s Answers

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  • I was walking to my car and I fell on the grass which my apartment sits on. The landscaping had been cut wrong. What can I do?

    There is a big whole in the the grass where the landscaping has been pulled away and now there's a hole in that area. I didn't know that was there and I fell causing me to have my right leg in a cast. I can't walk, or even go to work. I am phys...

    Thomas’s Answer

    Premises liability/trip and fall cases can represent a challenge that you'll need an experienced attorney for. Whether or not the grass was cut in a manner approved/ratified by the landlord, whether the condition of the grass was so dangerous that it should have been fixed, whether the landlord knew or should have known about the condition are some of the questions that you should discuss with an attorney. The attorney will most likely involve an expert to review and determine if there is a case. Take the pictures and copies of you medical bills with you so you can have a complete discussion. Good luck!

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  • Hip replacement botched. post op appt dr. ask if i was in a gun fight between the time of the surgery and post op appt. WHAT?

    hip replacement botched. post op appt dr. ask if i was in a gun fight between the time of the surgery and post op appt. 11/11-2/12. This was obviously a crazy question to ask, and of course I asked why would you ask such a question. The Dr. cl...

    Thomas’s Answer

    I would sit down with an attorney that practices medical malpractice. Medical malpractice is a specialized area, and an attorney would need to know a lot more about what happened than you can post here. Whether or not this doctor met the standard of care is what is important, not his lack of bedside manners. You are also faced with some very important statute of limitation issues, so I wouldn't delay. You may have passed that time already.

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  • How to go about collecting a judgement?

    i was in an auto accident which resulted in damages to my vehicle. i was hit from behind from 2 cars(4 car collision) and pushed into the car in front of me. long story short, neither insurance comp wanted to pay which led me to small claims. i su...

    Thomas’s Answer

    At this point, you really ought to get an attorney who does collection work. An attorney will know how to file an abstract of judgment, set debtor's examinations, hit bank accounts, attach wages, etc. Getting the judgment is just the beginning. Good luck.

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  • Hit and Run?

    I hit a car in a department store parking lot over the weekend. When i hit the vehicle, the driver made a turn and i was going up, towards the higher level parking structure. I was not able to locate the car so i left the parking lot. I called my...

    Thomas’s Answer

    You've probably done all you can in the situation. The law requires that you exchange information with the other vehicle's driver, but if they don't stop and make it possible, there's not much more you can do. You've made all the good faith efforts to protect yourself if something does get reported later, but I'm not seeing that there's much more to do until/if you are contacted.

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  • I was got a "Possession of Drug Paraphernalia" ticket in Boulder City, Nevada 3 years ago. Is it a Misdemeanor or an Infraction?

    The ticket was a "Traffic Citation" as I recall. It was about $650. I went back to the Boulder City Municipal Court and got it down to $256, and plead "No Contest". I asked the secretary accepting court fees if this was a Misdemeanor and she said ...

    Thomas’s Answer

    I'm not sure this is getting posted where Nevada attorneys would be available to chime in. I would restated your location as Boulder City, Nevada instead of Riverside, CA. Good luck.

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  • How do I get full total loss amount for my car, I was not at fault and they are saying I'm 25% liable?

    Infinity insurance is attributing 25% liability to me for being "inattentive" and for talking on my cell phone. I was not talking on my cell phone and it was a semi-rear end accident (how can I be attentive if it's behind me?) They are saying I ...

    Thomas’s Answer

    The Department of Insurance is more concerned when your own insurance company treats you wrong. The other driver's insurance is acting very aggressively on its insured's behalf. They can be a real pain for sure. If no injuries, and the damage is around $3,000, I would sue their insured in small claims court.

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  • Can I sue landlord for covering of facts that mold was in my apartment?

    A credit was given at the time mold was detected,but not told why.when code enforcement was notified and the mold was found in all areas of the apartment,she was moved out into hotel for the walls and floor to be removed because the mold had sprea...

    Thomas’s Answer

    Mold injuries are hard to prove. There are a limited amount of molds that are considered "toxic" or dangerous to human health. Do you know when the landlord became aware of the mold? Was it intentionally hidden after discovered? Could it have been discovered earlier by prudent action of the landlord? Also, homeowners' policies have trended away from covering mold injuries. This is a specialized area. I would try the search function here for someone in your area that handles mold injuries. If no luck, than an internet search should uncover someone. Good luck.

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  • I got in a accident someone hit me the damages are less then 500 dollars i got all his information except his phone number

    i called his insurance and i already file a claim they got a recording statement of me but its been over a month and they can't get a hold of him to get a recording statement from him and until then they can't fix my car i need it fix..i want to s...

    Thomas’s Answer

    Unless you received bodily injuries, it is not likely to be cost efficient to hire an attorney here. Fortunately, the small claims courts cater to plaintiffs in these situations. That is probably your best bet, if no injuries.

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  • A friend of mine was sentenced to 2 years with half and has 63 days credit how much,more time will they do?

    Its a violation case but its non violent

    Thomas’s Answer

    Assuming he is eligible for half time credits as you stated, it is pretty much a matter of doing the math. My limited math shows that he has 665 days (730-63=665), of which he will do half - 333 days. Assuming he does his time locally under AB109, he might even get out early if the jail is crowded and they need the space. There's no telling how much of his time he will actually do though.

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  • Bank fraud

    My friend spent 10,000 $ from his friends debit card.. He found out and then they both negotiated..he have already paid $7000 with cashiers check to him..would he still go to jail if his friend tried to call bank and report him??

    Thomas’s Answer

    Once the act is done, a crime has potentially been committed, even if restitution is paid. Your friend needs to be very careful. Charges can still be filed. The amounts involved would put this as a potential felony. An attorney can help see if a civil compromise can be reached and charges avoided.

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