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Frederick Joseph Sette's Answers
- 20 Legal Answers
- 1 Legal Guide
3
Attorney answers:
My child was choked unconscious by another student and recieved sever injuries to his face when he fell.
parent's are responsible for the willful misconduct of their children under California Civil Code 1714.1 up to $34,700 as of 7/1/08. As such, you can hold the other boy's parents responsible for the medical bills up to the amount.
3
Attorney answers:
Can I sue the owner of a tattoo parlor if someone in his shop tattooed my 16 yr old daughter in California?
unfortunate that the officer was not proactive when you filed your report to avoid exactly what happened, this tattoo "artist" maiming another child that came into his shop. And yes, you have a civil case against this shop. If you are in or around Sacramento or Stockton I would be happy to discuss your case with you free of charge, 888-516-6262.
4
Attorney answers:
How are loss wages, pain and suffering and bodily injury claims calculated in an auto accident??
the value of a personal injury matter is determined by many factors as each person differs and injury can affect each person differently. I find by an overwhelming majority it benefits the claimant to have legal representation. Being local I can help you with that. Give me a call to talk about it, no charge, Fred at 916-442-0000
3
Attorney answers:
Assault and battery
A civil cause of action for intentional tort does lie against the assailant, however a judgment alone is of little value. A judgment that can be satisfied is another story. The law is convoluted when it comes to the homeowner insurance carriers obligation to pay for an "intentional" act. Given your damages it is definately worth pursuing.
4
Attorney answers:
MEDI-CAL lien; California
MediCal has gone the way of Medicare, that is they take forever to respond to requests. There is a lot of information you haven't provided, such as have you received an itemized lien from MediCal yet? MediCare is obligated to reduce their lien by 25% to reflect attorney fees/costs. Furthermore, if you can argue due to comparative fault reasons you did not receive a full recovery then they as well are obligated to reduce their lien by the same percentage. If you have an itemized lien and...
4
Attorney answers:
If a trail is scheduled can I choose not to go foward?
In supplement to the other answers, it's not so simple for your attorney as to say he/she doesn't want to take the case to trial. That attorney is attorney of record and cannot simply abandon your cause. If there were problems with the matter they should have address it with you long before the eve of your trial date. Trial is difficult, time consuming, stressful and that is the task they signed up for. Without your permission an attorney needs an order from the court to be discharged.
2
Attorney answers:
I got a tattoo on my middle finger and the artist went to deep and the ink is in my bloodstream. Can I sue?
Re Waiver: an exculpatory clause (waiver) designed to release one of negligence is generally unenforceable if it is against public interest. Obviously there is some significant analysis involved in whether or not your waiver is voidable. Past that, you have to establish the negligence of the tattoo "artist". Without knowing much about tattoos I have to imagine that this is probably an unreasonable result, reflecting negligence on the artist. Lastly, if this is a tattoo parlor you must hope...
3
Attorney answers:
Reaction to a medicaton: I would like to know if it sounds like I have a case and would this fall under personal injury?
your main issue will be causation, that is, are your current symptoms the result of the Serotonin Syndrome. The reality is you were prescribed an anti-depressant prior to the "allergic" reaction. You can expect defense to argue there is no causal connection between the event and what you now experience in that the symptoms pre-existed the event. This is aside from the hurdle of establishing the negligence of the doctor in prescribing the medication and/or amount that was prescribed.
3
Attorney answers:
Do I have to pay back the medical bill? Because i cannot afford it.
As a six year old it is doubtful your son was capable of knowing the act was wrongful and thus punitive damages are most likely not applicable in this situation. Additionally, to be responsible for the other child's damages it must be established that your son was negligent in causing the injuries. The standard of conduct is different for children, that of minors of like maturity and intelligence. Given the fact your son is six and was in a scuffle with a classmate, was he negligent?...
3
Attorney answers:
Dental Tooth Extraction
Medical malpractice claims in general focus on standard of care, in other words was the medical attention you received standard in the community. Dental claims are a bit more difficult in that the standard of care is inclusive of so many risks when a procedure is performed. You can expect the defense to argue that nerve damage resulting from the procedure you went through is part of the inherent risks and the doctor's performance was appropriate. To be successful in an action you need...