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Thomas Westwood Degn
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Thomas Degn’s Answers

158 total


  • What type of attorney should obtain?

    My thirteen daughter ordered hot food and suffered a major burn on Amtrak. She was traveling from Santa Barbara to Irvine.

    Thomas’s Answer

    You need a personal injury attorney. Amtrak (National Railroad Passenger Corporation) is a funny entity with subsidies from the Federal government. Act quickly, in case a Notice of Claim has to be filed.

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  • Can i sue for false arrest and unlawful imprisonment

    can i sue the county

    Thomas’s Answer

    The circumstances would have to be super aggregrious before you could come close to prevailing. I don't know your facts, so it is impossible to say at this point. I'd talk to a civil rights attorney in your area to get a more complete answer.

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  • I lived at an asbestos home for 1.5 years and I don't have signs of mesothelioma yet. Can I sue? How If yes, how much?

    I am a homeowner. I hired a company that provides flooring services. During construction, the company cracked something and released asbestos. I lived at my home for a year and half and I don't have signs of mesothelioma because of the asbestos...

    Thomas’s Answer

    Your exposure to asbestos seems to be pretty minor. I would contact one of the firms driving the mesothelioma cases to discuss your situation. They will have a grasp of whether you are at risk to develop mesothelioma and the best way to proceed.

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  • Seek legal advise counsil

    My mothet 87 years old Had a fever and since she was throwing up vomiting she would not eat as a result she fell down and was bleefing her little fingure wad hurt called 911 and rushed to brotman metical center Instead giving her bandage a...

    Thomas’s Answer

    Which part of your mother's treatment do think is below the standard of care? It sounds like they are focusing on the most important issue, her heart. Although her finger is probably painful, and she has low energy, the heart issue is the most life threatening. If her conditions worsen, talk to an attorney.

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  • I've already settled my PI claim against the other party's insurance company.

    Because I did not have health insurance, my auto insurance policy paid for a significant portion of my chiropractic treatment ($2,000). I understand the subrogation process to recover medical payments but why should my insurance company be entitle...

    Thomas’s Answer

    The other side of that argument is: Why should your insurance pay out of pocket for the negligence of someone else? Your insurance policy would almost certainly have a provision that requires you to cooperate and help them subrogate, so a lien probably isn't necessary.

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  • Is it illegal to have or share indecent pictures of an underaged girl if she's of legal age now?

    I have a folder of lewd or otherwise indecent photos of my ex girlfriend when she was 16 and 17, but she is 18 now. Is this considered possession of child pornography? She is in Sacramento, California and I'm in Toledo, Spain, if that has any bear...

    Thomas’s Answer

    In California, the determination is made by the age of the girl at the time the photo was taken. The concern is with the exploitation of minors. With today's technology, "selfies" are rampant, but it is still illegal to own and possess here even if voluntarily given and unsolicited. I don't know what Spain's laws are with these type of photos, but I'd get rid of them immediately.

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  • Got a speeding ticket fm CHP using radar gun in HEMET.

    Got a speeding ticket fm CHP using radar gun. there were many cars going both directions and I was going with the Flow. he wrote me for 65+ in a 55 on the 74 or 79 thru. Hemet. he said he clocked me at 73. how should I consider fighting it? i've...

    Thomas’s Answer

    I ALWAYS fight my own traffic tickets and recommend you do as well. It sounds like you are familiar with a couple of the approaches. Talk to an attorney to see what works best in your area, your judge. Good luck.

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  • Do I have to pay?

    my two friends and I were caught shoplifting from sears about 3 weeks ago, they called the police who carried out the arrest but didn't take fingerprints and didn't charge us, we are 16 and 17. we all got a letter in the mail saying I have to pay ...

    Thomas’s Answer

    As succinctly stated before, the penal code authorizes the demand, but it's very unlikely, but not impossible, that they'll follow through. Going after a minor in civil court has its challenges. The juvenile court may order restitution though, if the case makes its way there.

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  • How can I request all information that CBP officer sees about me?

    I want to look at all the civil and criminal records that a visa officer or a customs and border protection officer sees about me? It seems like it is data from DOJ and FBI. Is there any way I can also look at all of this information myself or ord...

    Thomas’s Answer

    Look around for companies/agencies that can do a Live Scan. Should be plenty in your area.

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  • Doctor in Beverly Hills who defines himself as a plastic surgeon without appropriate certifications created damages on my skin.

    I asked for refund he agreed and made his lawyer prepare a long/complicated contract,said to sign it and pick up a check.The lawyer also contacted me via phone,started to threaten me in many despicable ways. Abusing me,scaring me,threatening to su...

    Thomas’s Answer

    A few issues here. First, a potential medical malpractice case. You'll need to talk to an med mal attorney from the area. Their experts will know whether the doctor's actions fell below the standard of care and whether you have a case. Call a lawyer soon.

    The lack of certifications may or may not be a violation of his license and ethical duties. I'd contact the medical board to let them know.

    The lawyer's actions, as described by you seem pretty heavy handed. It's hard to tell if he violated the law or his ethical duties. You did try to change the terms of the settlement after it had been agreed upon and reduced to writing. That would be frustrating for the attorney after putting in the work and thinking the matter was settled. I don't know if his threats crossed the line. A telephone call to the State Bar might be in order, but bear in mind that they tend to be more concerned about an attorney's actions with their own clients than with an adverse party. Good luck.

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