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Claude Armand Wyle's Answers
- 99 Legal Answers
- 0 Legal Guides
3
Attorney answers:
Can you make a counter offer if you got hit with a defendant's statutory offer to compromise under CCP Section 998
Respectfully, I believe that you are putting the proverbial cart before the horse. A 998 offer is no more than a settlement offer with teeth. Whether the teeth bite you depends on whether you get more money at trial than the 998 offer and, if not, whether you can show that the offer was made in bad faith. Of course, you can make your own 998 offer, however remember that if your offer comes before the deadline of their offer, you have rejected their offer. My advice, without knowing any more...
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3
Attorney answers:
My daughter was injured at school before the bell ring for them to go home, she fractured her left colar bone.
The previous attorney Adam is quite right about your need to see an attorney right away. I do have some questions though. How old is your daughter and how old is the other child who pushed her? In California, children under seven years of age are not negligent as a matter of law. This means that someone else should of course be supervising them. Important questions are: How was your daughter not accounted for when she did not return to class when the bell rung? Where was the school's person who...
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3
Attorney answers:
What do you do when you receive a case evaluation on a lawsuit thats very unreasonable ???
The first question you should ask is "Do I have confidence in my attorney"? Why did you chose this attorney in the first place? if you chose the attorney because they had a stellar reputation as a fighter and you had the impression that they would leave no stone unturned, then go back to that attorney and ask if the mediator advised why the case may not have the value it should. If you never really had confidence in your attorney, and do not think he or she is a fighter, you may want to speak...
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4
Attorney answers:
We have a guard dog, someone tresspassed and tried to break in, the dog bit them once what are our rights to prosecute them?
First of all, only the DA can decide whether to prosecute or not for the break in. How do you know who broke in and that your dog bit them once? If they told you, then you have identified the culprit, but what will that gain you? i recommend that you leave the matter alone unless and until the other party raises the issue. Also, do you have homeowners insurance? Or renters insurance? I would explore that if I were you. Good luck, Claude A. Wyle, esq. Choulos Choulos & Wyle 425 California St....
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3
Attorney answers:
My wife has purchased a baby formula that had a recall on it
You should get your child the medical attention he/she needs and go online to learn exactly what type of illness this tainted formula should be causing, and what you can do about it. You should make sure that the doctors and labs know that your child has ingested this specific substance and exactly where it came from. You should go online and find the very best doctor in the State who is on the leading edge for treatment of poisoning of this type and you should preserve any and all samples of...
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4
Attorney answers:
Wrongful death and doctor wants to settle out of court for maximum of $200,000 because the law of 1975 only states $250,000.
I wish you and your family my most sincere condolences for the loss of your niece. I cannot evaluate liability with just the facts presented, and so will assume that you have a good case. I can say that you need a medical malpractice specialist, not just a regular personal injury attorney. There are very few attorneys who really know what they are doing with medical malpractice. Very few medical malpractice cases are as simple as they seem at first. As to damages, her children would be entitled...
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3
Attorney answers:
My dog killed my neighbors cat? How much should I offer as compensation?
You are not responsible for any emotional distress under California law. You are responsible for any vet bills and any consequential damages or out of pocket damages in trying to save the pet. You are also responsible for the reasonable value of the pet, which I would say might be the replacement value. I would also fix the fence and try to be as reasonable as possible since this is your neighbor and they have suffered a loss which is, although not huge in the law, very emotionally upsetting...
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5
Attorney answers:
I would like to know if staff is responsible for my sisters death.
First of all, I am sorry to learn of your sister's passing. It seems as if she already had challenges in her life, and her death may have been preventable. I agree that you need to immediately secure the services of a qualified attorney, however I recommend that you call someone who is an expert in professional negligence, such as a malpractice attorney. I cannot advise whether the staff at your sister's facility should have done more, since I do not know what was promised or what the standard...
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5
Attorney answers:
I would like to know if staff is responsible for my sisters death.
First of all, I am sorry to learn of your sister's passing. It seems as if she already had challenges in her life, and her death may have been preventable. I agree that you need to immediately secure the services of a qualified attorney, however I recommend that you call someone who is an expert in professional negligence, such as a malpractice attorney. I cannot advise whether the staff at your sister's facility should have done more, since I do not know what was promised or what the standard...
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4
Attorney answers:
I recently bought a motorcycle that was negligently assembled.
you clearly have a case against the shop who sold you the bike. I have handled similar cases where the same type of mistake cost a client his leg. Demand to see the documentation that was filled out when the bike was assembled. Too many times, the shop will outsource the final assembly to a company who hires the lowest common denominator. you may have bought an expensive bike that was assembled by a guy with no training who was earning minimum wage. There is no excuse. If I were you, I would...
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