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Joseph Barnet Weinberger

Joseph Weinberger’s Answers

12 total


  • Should I look into getting a medical malpractice attorney?

    I was involved in a rear end accident having a semi with a 35,000 pound load hit me with very little attempt to stop before hitting me I was at a complete stop when he hit me. My car came to an end hitting a telephone post. Once arrived to the hos...

    Joseph’s Answer

    You absolutely need an experienced trucking attorney. The nuances of cases against truckers are very complex and difficult to handle on your own. In addition, the nature of your injury may be something that requires an attorney experienced in head trauma. I would strongly recommend that you seek out competent legal counsel.

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  • I am suffering from injuries that will effect me for a long time and am offered to settle at 8k. This is laughable. I Need help!

    I was recently in a motorcycle accident and it was found due to the police report and three witness that the 20yr/old insured to 15k and driving on a revoked drivers license was at fault. I suffered a degloveing of my right shin (40 staples) a tea...

    Joseph’s Answer

    The information that your attorney is giving you is to some degree correct. There is an old saying that you can't get blood from a stone. If the defendant driver does not have any assets and only has 25,000 in insurance then that is all that can be reasonably obtained.

    The issue is do you have underinsured motorist protection. This is insurance that you buy for yourself to protect you when the adverse driver does not have sufficient insurance policy limits.

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  • Pleading The Fifth

    Ok I got a subpoena in the mail. I don't know this person , and I don't even know how I got myself in this. Im looking at every option I have to keep me from being a witness in a case . Personally if I don't know you I don't see how I can testify ...

    Joseph’s Answer

    I know this is not what you want to hear, but:
    You have been served with a legal document and you are required to appear and testify. Obviously one of the parties believes that you have information that is pertinent to the case. You have an obligation to testify truthfully and my advise is that you do. If a question calls for your to provide an answer that would provide information as to a criminal action in which you have participated then you can ask for counsel and advice as to your fifth amendment rights. On the other hand if it is your intent to simply go into court and claim your fifth amendment right as to something which clearly does not incriminate you for criminal matters, then I would suggest you bring along a toothbrush and be prepared to stay in the cell for an extended period of time. It is my experience that Courts do not appreciate people coming in and abusing the power of the court.

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  • I HAD KNEE SURGERY A LIL OVER A YEAR AGO DUE TO A SLIP N FALL AT WORK HOWEVER THE SURGERY DIDN'T GO SO WELL AND WAS TOLD THAT I

    NEED TO POSSIBLY HAVE ANOTHER DUE TO THE MRI RESULTS... I WANTED A SECOND OPINION FOR MY OWN SANITY BUT THE ADJUSTER IS TAKING HER TIME TO AUTHORIZE THIS.... MY LAWYER FILED FIOR A HEARING AND IT TOOK MONTHS FOR THE COURT DATE WHEN TIME CAME THE A...

    Joseph’s Answer

    Working from the assumption that this is a work injury, I would strongly suggest that you meet with your attorney and find out why things are taking so long. If your attorney can't provide a reasonable answer, it is time to find a new attorney who will be active on your case. As mentioned above, there are very few hammers available to force wk comp adjusters to do anything other than stall and delay. You need to get an advocate who will fight for you.

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  • Civil Case Judgment? Once you file your accepted 998 Offer with the Court, what do you have to do to get your judgment?

    .I thought the Court would enter a judgment per the 998 Offer, but I'm being told that isn't the case.

    Joseph’s Answer

    • Selected as best answer

    You should prepare a judgment and have the court clerk enter the judgment. If the clerk will not enter the judgment with a copy of the signed and filed 998 offer, then ask the clerk why she won't enter the judgment. Usually clerks are very receptive if you ask nicely.

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  • I was offered 28,000 for settelment, is this a good amount?

    Rear hit accident,car damage of 2,500, there were other things wrong that I fixed out of pocket because my lawyer said I had to take the 2,500. Had a whiplash, bruised ribs, two disc bulges one of them pressing on a nerve, and lots of pain and suf...

    Joseph’s Answer

    From the information you have given it is not possible to determine whether the offer is reasonable. You would need an experienced attorney to review the facts of the accident and review the medical records. A good attorney would also want to know about you and your story to evaluate the full extent of your damages.
    as for the fees for a litigated case 40% is prettycommon.

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  • When a Section 170.6 ruling has been reversed, can this action be appealed? What is the procedure?

    A Defendant in a CA matter filed a Section 170.6 Pre-emptory Challenge against a judge who had shown repeated bias in favor of Plaintiff. The action was moved to a new judge. Then the original Judge ruled --in a Minute Order, by himself-- that it...

    Joseph’s Answer

    I do not believe that this is an appealable order as you are using the term. It may be more appropriate for a writ. However, a 170.6 challenge must be made prior to the judge making any decisions in the matter. If the judge has made decisions in the case, you cannot use a 170.6 challenge. There are other challenges that can be used to remove a judge for bias, however, none of the challenges exist just because you do not like the decisions that the judge has made and you want to get a different result from a new judge.

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  • Car accident

    We had a car accident in other state. My husband drove me to the place to heal my stomach pain (I have ulcer). He didn't see a small truck, witch was behind of the other big truck. Police report says:"fail to yield the right of way". The small tru...

    Joseph’s Answer

    As indicated, it sounds like your husband was found at fault for the collision. The fact that the other vehicle was potentially speeding could result in there being some degree of comparative fault on behalf of the other driver. There are a lot of unanswered questions in your facts. If it was your car and your husband was driving, then your coverage would be primary and your husbands potentially secondary. You would need to contact an attorney to review the policy coverages and policy language to determine if there is some coverage for you.

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  • Is it possible to sue chp and or any state police dept,? if so where would i start? for negbligence

    A man suspected of fleeing the scene of an alcohol-related crash west of here that killed an 18-year-old woman faces charges as California Highway Patrol authorities filed a criminal complaint with Imperial County District Attorney’s Office, auth...

    Joseph’s Answer

    Yes it is possible to sue the CHP. Given what you have indicated the allegations would be that the chase by the CHP was in violation of their policies and procedures. You would need to file a Government Tort Claim within 6 months of the date of the incident. Government Tort Claims are tricky and I would suggest that you seek the advice of counsel that are not only knowledgeable about general car accidents, but also government claims and police procedures.

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  • My attorney filed malpractice suit, the insurance denied claim due to wording my attorney used in claim, and other errors.

    I feel my attorney has made professionalism errors for reasons to be determined., That have made it clear I need another attorney, or a firm and keep the attorney. My lawyer states; I may need to find another attorney. If I do not agree to drop th...

    Joseph’s Answer

    Before you get another attorney, I would suggest that you make an appointment and fully discuss this case. There may be valid reasons that the attorney wants to drop the battery claim. If you are not satisfied with the answers then you will need to obtain a copy of your file and have it reviewed by an attorney who does medical malpractice. These are very difficult and expensive cases to prosecute and you will need to find someone who not only does medical malpractice, but also one who is conversant in the area of medicine of the alleged malpractice.

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