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Philip R. Brown
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Philip Brown’s Answers

32 total

  • I was rear ended and my car was totaled. my medical bills and lost time wages are well over $98, 000. How much will I get back

    I had a 3 level ADCF surgery

    Philip’s Answer

    Your recovery will depend on your damages. Do not post them on the Internet. Retain a qualified attorney who will represent you and allow your lawyer to evaluate your damages for you.

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  • Which state to bring litigation for Trustee breach?

    Trust was created in Hawaii. Trust is being administered in another state, not Hawaii. Trustee lives in the state the trust is being administered. Beneficiaries live in different states, one being Hawaii and in the state the trust is being adm...

    Philip’s Answer

    I agree with my colleague. If you have the Trust document you should also see if there are any notice and alternative dispute resolution provisions contained in the document. Those provisions are often found near the choice of law clause and will likely give you guidance on where (and how to proceed).

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  • Where should mediation and filing take place?

    I am a Georgia resident and I have been attempting mediation with my ex-wife, whom resides in Colorado with my children. We spoke to a mediator in Ga and he informed us that it needed to be performed by someone licensed in Colorado. I then began s...

    Philip’s Answer

    A mediation normally can take place where ever the parties agree it can occur. If the parties cannot agree on a location, a neutral third party is asked to select a location. You refer to your wife and children living in Colorado. Presumably, there is a divorce decree signed by a Judge that governs your rights and duties with respect to your children. If there is, my guess is that that Court will appoint a mediator and determine a location for you, if you and your wife cannot agree. But i am a Hawaii lawyer, giving you my thoughts on the matter. You should consult a family lawyer in the state in which the decree was signed to clarify your rights. Good luck.

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  • Road accident. Not my fault. But No proof. I have only liability insurance. How do I get evidence?

    I am a international student living in Kansas city. I met with an accident in Kansas city Missouri at Ward parkway lane and Wornell road traffic intersection. The other guy coming in BMW X5 did not stop at the red light. It was green for me. So, ...

    Philip’s Answer

    I agree with my colleague. If the other driver sues you, tender your defense to your insurance company. If you want to bring your own claim, hire a personal injury lawyer who will work on a contingency.

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  • I was injured in a car accident while at work. my employer was driving, I was a passenger. can I sue for my injuries?

    none

    Philip’s Answer

    I agree with my colleagues. I would add that you should consult with a personal injury attorney in your state that also handles workers compensation claims. Let your attorney analyze all possible sources of recovery. Good luck.

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  • How can I collect a judgement, if the person has skipped town?

    In 2007 I was working for a transportation co. While working I was injured when a vehicle ran a red light. The driver of the other vehicle had no license and no insurance. I was unable to work for three months. I filed a law suit and was awarded $...

    Philip’s Answer

    There are many services that allow you to check to see if the driver has property in Texas. If he does, you can retain a Texas attorney to record the Judgment in Texas and put a lien on his property. In fact, search Avvo for a Texas attorney who will represent you on a contingency fee to collect the Judgment. If you find the right attorney, they will do the search for you. Good luck.

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  • What Court should we sue Petco inc in ? Federal or State?

    They have defamed slandered conspired to cover up the commission of a hate crime. Criminal negligence and abuse of process disregarded our health and safety on their property in Claifornia

    Philip’s Answer

    State court. Unless you are alleging a violation of a federal statue or claim to have diversity jurisdiction. It does not appear from the facts that you do.

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  • Can I file a suit without a lawyer?

    Sol is expiring in mid-June.

    Philip’s Answer

    Yes. It is called appearing pro se. You can even ask the clerk of the court for assistance. If you are polite, most clerks will go out of their way to assist a pro e plaintiff.

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  • How do I vacate a roommate from my home who only has a verbal agreement?

    I am a home owner who verbally rented my spare room to a person. This person has not paid the rental amount we verbally agreed on. This person also refuses to leave and has been stealing my personal property. This person has been doing illegal act...

    Philip’s Answer

    You should see an attorney in San Antonio right away. The answer to your question will depend in part on your verbal agreement with your tenant. However, no landlord has to tolerate a tenant who steals. Your Texas lawyer will advise you on your rights and obligations under Texas law, but it would seem the place to start is a Notice to Vacate and, if the tenant does not voluntarily agree to leave, an eviction notice. Good luck.

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  • My landlord gave me a notice to vacate, can I request to postpone this?

    I received a noticed to vacate my apartment in 30 days. I know the landlord is not required to tell me why they have issued this, but I assume they are choosing not to tell me anything when I asked if it was because of anything done wrong on my be...

    Philip’s Answer

    Your best chance of success would be to write the landlord a request to allow you to stay until the additional date you need. Politely explain to your landlord about your son and the reason you need additional time to move out. Propose a specific date on which you will move out and assure the landlord that he will be paid in full. If he gives you the extension, there will be no need to go to Court. Good luck.

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