Wendy Marie Schenk’s Answers

Wendy Marie Schenk

Oakland Personal Injury Lawyer.

Contributor Level 16
  1. I'm a pro se plaintiff in a wrongful death suit, the case is open and shut, because the hospital was extremely negligent.

    Answered over 1 year ago.

    1. Wendy Marie Schenk
    2. Miguel Amador
    3. Maryam Parman
    4. Joseph John Bernardo
    5. Paul J Molinaro
    6. ···
    22 lawyer answers

    I'm always leery when I hear a lay person refer to a case as being "open and shut." Unless the hospital admits that it and/or its staff was negligent, I'm guessing defendants will put up a vigorous fight. That means it's not so "open and shut," and will likely be a drawn out battle. You will likely be outgunned by defense counsel and need to have an attorney representing you. Most attorneys take cases like these on a contingency fee basis. Most attorneys also are not likely to want to be...

    34 lawyers agreed with this answer

  2. Can the lawyer of my UM / UIM auto insurance company depose witness?

    Answered over 1 year ago.

    1. Wendy Marie Schenk
    2. Robert Bruce Kopelson
    3. Philip Anthony Fabiano
    4. Jason Todd Studinski
    5. Albert Lee Crosner
    6. ···
    15 lawyer answers

    Discovery is the same in a UM/UIM case. Witnesses still have to appear for depositions, etc. ****This response is provided for general information purposes an is not intended as legal advice, nor does it create an attorney-client relationship.

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  3. Should I accept the policy limit of the at-fault driver, even if it only covers a fraction of my damages?

    Answered over 1 year ago.

    1. Steven Mark Sweat
    2. Mariam Mary Margaryan
    3. Wendy Marie Schenk
    4. Ronald M Tillman
    5. Christian K. Lassen II
    6. ···
    16 lawyer answers

    You have an attorney already. You should discuss these concerns and questions with your attorney.

    29 lawyers agreed with this answer

  4. My son got a settlement for his personal injury case. But my lawyer says that we cannot touch it until he is 18)

    Answered over 1 year ago.

    1. Alan Ray Barnes
    2. Wendy Marie Schenk
    3. Philip Anthony Fabiano
    4. Jeffrey Mark Adams
    5. Thomas Edwin Martin
    6. ···
    12 lawyer answers

    Getting money from his grandfather sounds like an inheiritance. In California, settlements for minors are placed into a blocked interest bearing account until they reach the age of 18. That is done to protect the minor so that the money isn't squandered by the minor (or other persons having access to the money). The hope is that the amount of money in the account will grow and be there for the minor to use at the age of 18, hopefully to go to college or use the money in a way to get them off...

    28 lawyers agreed with this answer

  5. What compensation might I get in California for auto accident.

    Answered over 1 year ago.

    1. Malosack Berjis
    2. David Herman Hirsch
    3. Robert Bruce Kopelson
    4. Kevin Coluccio
    5. Wendy Marie Schenk
    6. ···
    15 lawyer answers

    You will likely maximize your recovery if you hire an attorney. You will likely be outgunned negotiating with an insurance adjuster who negotiates claims day in and day out. My firm represents plaintiffs, but we also do work for insurance companies. I see what adjusters focus on and how they evaluate and negotiate every day.

    26 lawyers agreed with this answer

  6. If i got into car accident and i wasnt at fault , and they want to salvage my car is there something legally i can do?

    Answered over 1 year ago.

    1. Wendy Marie Schenk
    2. Alan Ray Barnes
    3. Eric Burton Strongin
    4. Michael Raymond Daymude
    5. Christopher John Gansen
    6. ···
    9 lawyer answers

    Give them them the documents to prove you just put a new engine into it and ask them to reconsider the value of your car.

    25 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Personal Injury Accident? Actions to take?

    Answered over 1 year ago.

    1. Malosack Berjis
    2. Mariam Mary Margaryan
    3. Wendy Marie Schenk
    4. Paul J Molinaro
    5. Michael R Varble, Esq.
    6. ···
    14 lawyer answers

    You should submit a claim for your property damage to the other driver's auto insurance carrier. Seek medical treatment if you haven't already. You might also wish to retain an attorney concerning your claim for injuries. [This answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes...

    24 lawyers agreed with this answer

  8. DUI: What can an attorney do for me?

    Answered over 1 year ago.

    1. Richard Todd Rosenstein
    2. Christian K. Lassen II
    3. Peter John Marek
    4. Wendy Marie Schenk
    5. Christopher John Gansen
    6. ···
    11 lawyer answers

    Hire an attorney? What to defend you against a DUI? Yeah, that's a good idea. An attorney to get you money? Fat chance. DUI and you haven't mentioned any facts to blame anyone but you....what would you expect?? ***This response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.

    22 lawyers agreed with this answer

  9. I was rear ended by a Macy's truck at a red light. I went to the doctors the next day, now what???

    Answered over 1 year ago.

    1. David Lee Fiol
    2. Steven Mark Sweat
    3. Albert Lee Crosner
    4. C. Donald Briggs III
    5. Francis M Smith
    6. ···
    18 lawyer answers

    I agree with the others that have already responded. You should hire a personal injury attorney in your area to handle your case to maximize your potential recovery. ***This response is provided as general information, not legal advice. This response does not create an attorney-client relationship, which is not formed until written contract is signed.

    21 lawyers agreed with this answer

  10. Do I have a case if I did not understand about the statute of limitations on an auto accident ?

    Answered over 1 year ago.

    1. Wendy Marie Schenk
    2. Michael Raymond Daymude
    3. David Ian Schoen
    4. C. Donald Briggs III
    5. Minh Tri Nguyen
    6. ···
    11 lawyer answers

    In California, you have a deadline if 2 years to either settle or file suit to preserve your personal injury claim. They sent you a letter in advance telling you that. During those 2 years you never once consulted a lawyer? Sorry, "they" didnt "drag it out," you did. If you were still treating and not ready to settle, you should have filed a lawsuit. If you didnt like the offers made, you should have filed a lawsuit. If you blew the 2 year deadline, that's it. You can try consulting an...

    21 lawyers agreed with this answer