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Richard Albert Cruz

Richard Cruz’s Answers

170 total


  • Is it better to go with an attorney or a collection agency. Will any do it on a contingency.

    I won a judgement in small claims court of $3500, in Coconino county, Az. The defendant lives in Mohave county, Az. I am on disability with a very limited income and don't have the money to put up front.

    Richard’s Answer

    Based on your information, an attorney that agrees to a flat-fee appears to be your best option.

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  • Can doctors force someone to get treatment?

    Can doctors force someone to get treatment?

    Richard’s Answer

    Yes, if certain requirements are met. In Arizona, it is called Civil Commitment. According to the Arizona Department of Health's website:

    The criteria for involuntary evaluation and/or treatment are that the person is:
    1. Unwilling or unable to accept voluntary evaluation/treatment; AND
    2. As a result of a mental illness is: A danger to self; A danger to others; Gravely disabled (unable to take care of one’s basic physical needs); OR Persistently or acutely disabled (likely to suffer severe
    mental or physical harm because of impaired judgment caused by a mental health condition).

    NOTE: The civil commitment process is NOT available to persons who have a substance abuse and/or alcoholism condition, UNLESS the person also has a mental disorder and meets the established criteria.

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  • Can someone file a bodily injury suit against me if they do not even have the right date of incident (loss date)?

    Back in May of 2014, I was involved in a pedestrian accident where I was driving and my friend was run over by me which broke his ankle. At the time, we were good friends and he agreed it was partially his fault for jumping around and clowning aro...

    Richard’s Answer

    Your insurance company has a duty to retain and hire a lawyer for you. This is one of the benefits of paying insurance premiums. Assuming your attorney is competent, he/she should inquire about the "clowning around," illegal drugs (assuming you had no knowledge of it), and your friend’s partial fault for the incident. Make sure you ask questions and push your lawyer to do their job! Some insurance lawyers treat you as a file number, rather than a person. You can even pay a Plaintiff’s personal injury lawyer for a second opinion to help reduce your stress. Good luck.

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  • Is this case worth pursuing? Or should I let it go,

    I had a 13 LB air mattress hit my head from a shelf at Wal-Mart. I filed an incident report the next day after I went to ER. I was denied any claim because I did not follow up that evening. I was dizzy was nauseous and had headaches in the middle ...

    Richard’s Answer

    I suggest you pursue this claim. It’s a win-win. If you have a case, you are allowed reimbursement for your injuries; if you do not have a case, you, at least, inquired and will sleep better in the future. Most personal injury attorneys offer free consultations.

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  • Do u have a case.

    Had an operation , a spinal fusion in 2006. My pcp says I should seek legal aid for malpractice because my type of fusion after the year2000, was rarely, if not done at all. Now I am on high doses of pain medication and have been also been made t...

    Richard’s Answer

    There is a chance you have a case, however medical malpractice claims are complex and challenging. I suggest you consult with a medical malpractice lawyer to fully discuss, evaluate and determine if you have a case. Most attorneys will speak with you free of charge. Ultimately, your claim will turn on (1) statute of limitations and (2) whether an independent doctor is willing to opine that the surgeon fell below the standard of care (a legal standard that can be difficult to prove).

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  • Is this a case that should be pursued or, just let it pass. No longer going to this therapist. Waste time or? Thank you.

    My daughter who is 15 years of age has been going to a prescribed physical therapist and the reason for the therapy is for her shoulder. While there recently, the therapist comes outside to me and says my daughter needs to go to an emergency room...

    Richard’s Answer

    If you really want to know whether the therapist fell below the standard of care, you can pay an independent doctor/therapist to review the records and provide his/her opinion. This ranges between $750-$1,500, depending upon the doctor and amount of medical records. Provided the opinion is in your favor, the next step is to determine damages. Damages are complicated and more information is needed. As was stated before, the damage claim needs to outweigh the cost of going into suit for it to be a viable litigation case. You need to contact a lawyer to truly answer your inquiry.

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  • What should I do? How do I get the dealership to own up for their mistake and fix my vehicle?

    A local dealership won't warranty there mistake. My van needed an axle seal replacement due to a leak. They inspected it ($150 inspection fee) and said the fix for the leak was a new axle seal. I paid for replacement, which they completed and said...

    Richard’s Answer

    Unfortunately you are dealing with a dealership that is not concerned with customer satisfaction. Regardless, usually repair shops provide a limited warranty for the work and parts. See if this would apply. Alternatively, you have a right to sue the dealership, but you will have to prove that they failed to properly repair your van, possibly damaging your axle upon repair. See if you can obtain a letter from the Denver mechanic stating that this damage could only been caused by a failed repair to the axle. Use this letter and request they reimburse you the cost. You can always take them to small claims court, but the limits are $2,500. I feel hiring a lawyer could cost you more than your damages if you do not prevail.

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  • It is more important and impacting being the example than pointing fingers.

    I have a financial windfall coming in at any moment and I have been late for rent a few months but still paying it that month. My apartment no longer wants to wait and threatening to send letter to attorneys now. My financial status is going to ch...

    Richard’s Answer

    Eviction laws in Arizona are pretty specific. The landlord cannot evict you unless he/she first gives you a five-day notice to pay your late rent. Once this is done, the landlord can move to file an eviction suit against you in court. These pleadings will have to be drafted, filed and served upon you. You will have a certain amount of time to answer. In that it appears you do not have a valid defense for not paying your rent, this time frame could be as short as 20 days from the date of the five-day notice or longer. I suggest you pay your rent so that this process does not get to the point of litigation as you could be subject to paying additional fees and costs.

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  • What legal grounds do we stand on??Can we get our money back??

    My Husband was searching on Craglist for a reliable safe car for our family because we have newborn baby and a toddler.You can understand safety is number one priority.To continue my husband ran across a 1993 BMW 318SI on Craglist the ad clearly s...

    Richard’s Answer

    Possible legal grounds: fraud or misrepresentation. The seller promises that the product offered for sale will do what it's supposed to. This promise applies to the basic functions of a car. It does not cover everything that could go wrong. Breakdowns and other problems after the sale don't prove the seller breached their promise. A breach occurs only if the buyer can prove that a defect existed at the time of sale. This is often difficult.

    Getting your money back: You will end up spending more money to get your money back than the $1,800 value of the car. However, if you feel strong about how you were treated, you have the option of taking this person to small claims court (values of $2,500 or less). No attorney’s are allowed and the costs for this process are minimal.

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  • Can you aggregate the amount in multiple claims that raise common issues of law or fact in order to transfer the cases?

    Can you aggregate the amount in multiple claims that raise common issues of law or fact in order to transfer the cases from Justice Court to Superior Court without requiring arbitration if the total amount exceeds $50,000?

    Richard’s Answer

    In general, yes, as long as the same facts and defendant/s apply. Know that AZ Justice courts are for claims less than $10k. Anything above this and you will be sent to Superior Court where the aggregate claims must be below $50k in order for compulsory arbitration not to apply.

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