Frank Marvin Nunes's Answers

My husband is summons to court for a "supposly" hit and run incident. He did not hit anyone. He was acused by a "witness".

Your husband needs to make his scheduled court date. If you can afford to hire a criminal defense attorney, you should do so. Have the attorney appear with yoru husband at the scheduled court date.

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Should I accept a settlement offer from insurance from car accident?

Wihout a full review of the facts of your case in greater deal, I cannot say if you should accpet this offer. But I do kow that most consumer rights attorneys offer free consultations and you would not be any worse for wear by taking advantage of a free consultation.

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In a civil personal injury case over $25000, when a settlement is reached and plaintiff is requesting a dismissal with prejudice

A case can be dismissed at any time as long as a challenge to the merits in filing the case is not pending before the court (i.e sanctions motion). In the situation you describe, a case can be dismissed even if the settlement funds have not been distributed yet, but it is typically not wise to do so. If the settlement funds do not get to the party who dismissed the case in reliance they money would be paid, then the matter becomes one of enforcing a contract to pay the money in exchange...

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Can I hire a personal injury attorney

You should hire an attorney or at least consult with one to protect your rights. Even though you were on the job, you still may have a claim against the motorist that hit you. You can call me toll free at (800)566-7492 to discuss your case at no charge if you like.

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Who is at fault when cargo falls out of a truck and an accident is caused from avoiding it?

Unless you have some uncompensated damages, like injury to your person, or out of pocket expenses like a rental vehicle, I would go to the CHP and politely ask to give a supplemental report. Then report to accident to your insurance company. If you have some uncompensated damages, then you should consult with a personal I jury lawyer in the county of the accident.

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Special Interrogatories, identity of the person answering: how to address questions that violate privacy or are irrelevant?

These sound more like Judicial Council Form Interrogatories than Special Interrogatories. At either rate, they are a legitimate part of the discovery process and complete answers are required unless their is a privilege or legal excuse not to provide the requested information. These questions are standard in the industry. The test is not whether the information is relevant, but whether it is reasonably calculated to lead to the discovery of admissible evidence at trial. I am fairly certain...

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In California a person who did not have auto insurance file a claims for personal injury claims against my insurance.

You are referring to what is called a Proposition 213 issue (Prop. 213). Any operator or owner of a vehicle making a claim for damages arising out of a motor vehicle accident cannot recover for non-economic losses for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if (1) at the time of the accident the driver was operating a vehicle in violation on the DUI statute, (2) the injured person was the vehicle owner and not insured, or (3) the...

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Employer never reported catastrophic injury to OSHA. Can I sue him?

You need to consult an attorney who handles injured workers' claims ASAP. There are time limits to file a claim. Once the claim is filed, you can get some of the information that you are looking for. Please call me at (559)436-5116 if you would like a free consultation to discuss the claim in greater detail.

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I was in a car accident recently.The other driver was injured and has hired an attorney. Am i gonna be sued?

Whether or not you get sued depends on two things: (1) the amount the purported injured party demands, and (2) the amount your insurance company is willing to pay to settle the claim. It these two numbers meet some common ground, then the claim will be handled between the injured party or his lawyer and your insurance company. When the injured party and your insurance company discuss resolving the claim, what caused the claimed injuries is always an issue. If the injuries were caused by...

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Wrongfully towed new vehicle, who is responsible for damage? Small claims?

It is not clear from your post that caused the damage, whether it was the construction work or the two truck company. You are going to have to prove which of the two caused the damage as it does not appear they were acting in concert. But depending on the type of damage, like undercarriage, that may tell you which party is responsible. Ask your mechanic or body shop for an opinion the cause and get that person to testify on your behalf. Then obtain an estimate for the repairs and submit it to...

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