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Richard S. Johnson
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Richard Johnson’s Answers

581 total


  • Does a criminal complaint require a signature for the complaint to be valid in clark county nevada?

    does a criminal complaint require a signature for the complaint to be valid in clark county nevada?

    Richard’s Answer

    Typically, any document filed with the court needs to be signed by the party or an attorney on behalf of the party. I can't imagine there is an exception for a criminal complaint. That said, I don't know that I would want to rely on the absence of a signature as a defense to the criminal charges. The missing signature can likely be easily remedied.

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  • Can I legally get my mothers medical records

    My mother passed away and I would like to know if I can get copies of her medical records?

    Richard’s Answer

    Yes, you can likely obtain a copy of her medical records. If there is an estate, the administrator of the estate can obtain the records. If no estate, you can file an Ex Parte Request for Release of Medical Records with the court. The forms can be found here:

    http://www.clarkcountycourts.us/clerk/Probate/PDF/PACKET%20--%20Medical%20Records.pdf

    If you are investigating a potential medical malpractice case, you would be well served to speak with a few attorneys. These cases are very difficult, expensive and emotionally draining.

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  • If a summons was not served can it lead to arrest?

    I received a phone message that I think is a scam. They claimed they had unsuccessfully tried several times to serve a summons on me at my address on file, where I have lived for many years, and claimed that if they can't serve the summons on me, ...

    Richard’s Answer

    More information is needed. Who left the message? Did they provide any information about a case? Do you know in which court the case is pending? If so, you can probably look up the court case and get more information. If you know what it is about, you might want to contact an attorney.

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  • What legal options do I have when mold has damaged my rental?

    I rent a condo from a family friend. On May 26, 2016, someone was doing repairs in the unit upstairs and must have broken a pipe. The ceiling and wall around my shower became water damaged and dripped for several days. My landlord spent several we...

    Richard’s Answer

    Yes, you make a claim with your landlord, the owner of the upstairs unit and the repair company. Use the Find a Lawyer feature to contact an attorney with experience in landlord/tenant law. And if you have renter's insurance, be sure to make a claim. Most policies cover displacement from the residence.

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  • What are my options?

    I was in an auto accident many months back; I fired my attorney for what I felt was grossly negligent behavior. I requested my case file be sent to me to pursue my settlement alone. When I received the disc in the mail, I was shocked to find that ...

    Richard’s Answer

    This is unfortunate, but probably an honest mistake. Contact your former counsel, explain that you received someone else's medical records and get the correct records. Since you fired your attorney, he or she may place a lien on any settlement you ultimately obtain. Might be prudent to contact another lawyer for a free consultation.

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  • Bank of America card agreement states that Delaware SOL would pertain, Is this true even though I live in Nevada?

    My Bank of America card agreement states that Delaware law rules. If this is true the statute of limitations is up. Can this be argued in court or does Nevada's SOL always prevail?

    Richard’s Answer

    The parties to a contract can agree as to which state's law will apply and in your situation, it seems like Delaware law would likely apply. As for the statute of limitations possibly running, more information is needed. You may want to contact a Delaware and Nevada attorney with specific questions.

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  • Before the Court, the defendant testified to the judge that in my complaint I wrote about UFOs, bagels and unicorns; not true.

    I wish to sue for libel, the defendant mischaracterized my persona by asserting to the judge that I wrote in my complaint about UFOs, bagels and unicorns; I didn't. The Judge did not censure the defendant even after I brought to the attention of t...

    Richard’s Answer

    Unfortunately your chance of success on a defamation claim for statements made during litigation is almost non-existent. Statements made during litigation are nearly completely protected. Plus, you would have to prove some actual damage in order to get anything other than nominal damages.

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  • Do car insurance companies have to pay for a rental car if the not at fault driver's car is undriveable?

    I was involved in a car accident yesterday, in Reno, NV, and my car is completely undriveable (most likely totaled). The at fault driver's car insurance company is refusing to cover a rental car until they have an adjuster inspect my car, leaving ...

    Richard’s Answer

    The insurance company will generally not pay for a rental car until they determine fault. If you have rental car coverage on your own insurance, use it and let them recoup the money from American Access. If you do not have rental car coverage and need a vehicle, you can always rent one on your own and claim the rental costs later. Moreover, if you were injured, seek medical treatment and contact a personal injury attorney as soon as possible. American Access is rarely easy to deal with.

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  • What can you file to ammend/correct a document that you already filed with the court?

    I cant be the only one this has ever happened to. I filed a 9 paged document with the court that I have just now noticed has 2 missing pages that somehow didnt get included with the document when I filed it and some of the other pages of the docum...

    Richard’s Answer

    You can file an "Errata" to the document and include the missing pages. Best bet would be to go to the clerk's office and tell them what happened and see what they suggest.

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  • Need answer about insurance claim.

    I have road side service i called the main office explaining my problem l had locked my keys in my car and they told me I was not covered which i was so i broke my window to get into my car after i found out you was covered they refused to reimbur...

    Richard’s Answer

    It may not be economically feasible to do anything about it. Chances are good that whomever handles the roadside service will argue that you failed to mitigate your damages by breaking your window instead of calling a locksmith. You might be able to recover what the locksmith would have charged to unlock the vehicle, but probably not the cost of replacing the window.

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