S. David Rosenthal Esquire's Answers

Do you need an attorney for a car accident if the person at fault coverage is only 15k 30k?

There is not enough information to fully answer the question. An attorney may not be able to get you more than the $15k policy limit, but it's impossible to know without knowing all of the facts of the incident and parties involved. You should at least consult with an attorney who will review the traffic collision report and, if necessary, do any follow up investigation to determine if there are other possible defendants or insurance policies. A good attorney will tell you if there is...

7 lawyers agreed with this answer

I got ran over in a car a little over two years ago,,started a case lawyer failed to return calls and I moved to another city ?

You should call another attorney immediately to investigate the situation. My biggest concern would be the statute of limitations, which is two years from the date of the incident for your standard bodily injury accident case. There are some narrow exceptions, for instance if you were a minor at the time of the incident. Your question is not clear as to whether the attorney you "started the case with" terminated representation or not. If not, he/she should have filed a lawsuit to protect...

6 lawyers agreed with this answer

Why have my personal injury lawyers withheld money that may or may not have a government lien and an additional ten percent?

There is not enough information to give you a specific answer, but it's possible that a partial disbursement was made and a certain amount of money held in the client trust account by your attorney while they await notification of the final lien amount from the government lien holder, e.g., Medi-Cal or Medicare. This iniitial disbursement allows you to receive some of the funds even though the lienholder has not finalized the lien. The attorney may hold out more than the last known lien...

6 lawyers agreed with this answer

I slipped and fell as I was leaving work......work is having me claim it as a Personal injury ?

There are two potential claims here, a workers' compensation claim under your employer's workers' compensation insurance, and a "third party liability" claim against the store or premises owner where you fell. These claims proceed simultanouesly and interact with each other. This can be a complicated process, so you should talk to both a workers' compensation attorney and a personal injury attorney about your rights. Sometimes the same attorney can handle both. In general, workers'...

5 lawyers agreed with this answer

Medical Malpractice: Is there any recourse for smaller (under $100K) claims? In Los Angeles area.

It's hard to say what a "waste of time" constitutes for you. The biggest difficulty would be finding an attorney that will take the case. These cases are medically complicated even if it seems straight forward that the doctor committed malpractice. They are also expensive because they require the hiring of an expert that will charge thousands of dollars to review the case. That being said, you seem to have a good case. I would suggest calling an attorney that specializes in medical...

4 lawyers agreed with this answer

1 person marked this answer as helpful

Is Negligent infliction of emotional distress considered a personal injury or a tort?

All personal injury actions are torts. Both defamation and negligent infliction of emotional distress are tort causes of actions. Negligent infliction of emotional distress is its own cause of action that is allowed to be asserted in limited situations. I don't know if you can recover emotional distress as damages when alleging a defamation cause of action, I would defer to my colleagues on that question. S. David Rosenthal ROSENTHAL LAW 2251 Douglas Blvd., Ste. 120 Roseville, CA...

4 lawyers agreed with this answer

Is there a time limit on disbursement of funds from wrongful death suit after arbitration

Your questions contains contradictions in that you state that "my attorney has not contacted me", yet he apparently "says we are still waiting for checks for insurance companies". You also state that the arbitration decision was "six or more weeks ago" yet your attorney's assurances about the disbursement "has been going on for months". It sounds like he has communicated with you that the checks have not yet arrived. You may have to be patient and ask that your attorney give you updates...

4 lawyers agreed with this answer

Can I file a Motion to Quash a subpoena duces tecum for my bank records?

The answers to all of your questions are "yes". I assume that Arizona has laws similar to California, but you have rights as the person whose information is being sought. You can file a motion to "quash" the subpeona and the judge can either completely quash or limit the subpoena. Likewise, the plaintiff's attorney can file the motion. I would start by contacting the plaintiff's attorney who may have a common interest in quashing the subpoena and see if he/she is willing to file the motion....

Selected as best answer

My attorney is not responding to admissions. "URGENT"Cailfornia Case

Yes, admissions can be "deemed admitted" in some circumstances. Sanctions may be imposed on the client, the attorney or both depending on the circumstances set forth in the motion. Even if the matters are not deemed admitted, sanctions are mandatory if the failure to respond made filing of the motion necessary. You may want to show up at the attorney's office if he/she is not returning your calls or emails. If all else fails, you might want to show up at the hearing. You may be given the...

3 lawyers agreed with this answer

1 person marked this answer as helpful

Gave my car to my son, titled and registered it in his name. He's 21, my dependent, has own car insurance, can I be liable?

This same question came up last week from a New Yorker. Generally speaking, you cannot be held liable if the title of the vehicle is held by your son, a legal and competent adult.

5 lawyers agreed with this answer