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Robert Max Klein
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Robert Klein’s Answers

658 total


  • I need an attorney to negotiate with Buddig food company for me please! We ate molded, meat from them and they contacted me

    I recently used a grocery delivery service and ordered 4 packages of turkey lunch meat Buddig brand. Upon opening my son ate a piece and it smelled strange so he looked at the package and it was covered in mold and mildew! The expiration date is n...

    Robert’s Answer

    If you are interested in hiring a lawyer, look on the Avvo site and search for a lawyer in the Orange County area. Keep one thing in mind, even though liability may be clear, the value of a case still depends on the nature and extent of the injuries suffered. And if the first lawyer or second lawyer is not interested, keep making calls until you find a lawyer with whom you feel comfortable.

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  • Would discharging a patient who is later admitted to another hospital constitute malpractice?

    My wife was taken to the emergency room with a severe rash/blisters from the waist up that was very painful and she was not able to move due to the pain. After waiting for 1.5 hours she was taken from the waiting room to see a nurse who gave her a...

    Robert’s Answer

    A doctor does not commit malpractice because he could not correct a condition. Malpractice is a very hard theory to prove because you must prove that the doctor's work fell below the standard of care in his community of doctors. In other words, you would need to have a qualified expert in the area of medicine that your doctor works who would come in and unequivocally testify that your doctor fell below the standard of care and that if he had not fallen below the standard of care your condition would have been materially different.

    To determine if you have a malpractice claim you will need to get a medical opinion from a good doctor in the field of medicine that your doctor shares. Have that doctor look at the medical file.

    The next issue would be determining the amount your damages. And if you have a full recovery, with no complications, it is likely the cost of suing for malpractice is far greater than feeling lucky the situation did not turn out worse.

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  • Is $26K Settlement Acceptable for Non-Surgical Wrist Fracture?

    I was cut off by a driver while biking in Los Angeles last year and fractured my Scaphoid from the fall. I was taken to a hospital, and medical & ambulance bills were paid and my bike was paid for. Doctors found scaphoid fracture in my dominan...

    Robert’s Answer

    The value of any case depends on many factors, including: the liability, the nature and extent of the impact, the nature and extent of any injuries; was there surgery or will there be surgery in the future, the diagnosis and prognosis, the medical bills (past and future), the lost wages (past and future), prior medical history; and how the accident interfered with your daily living. Other factors include the location of the accident and recent verdicts for similar cases, if there are any.

    Your lawyer will assist you with this analysis.

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  • Whom do I file against in court?

    I was involved in an auto accident and have to recover for damages. Is my case against the person or the business who employed the person? The person was driving a company vehicle and gave me the business insurance. Or would it be the person who o...

    Robert’s Answer

    You should name the driver and the employer. The employer is responsible under the theory of respondeat superior, which is essentially the same as saying the driver was working at the time of the collision so the company is responsible to the acts of its employee. Have you thought of calling a lawyer to represent you? It would be a good idea if you or anyone in your car suffered an injury.

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  • PLEASE HELP. Personal Injury trial next month. I'm in per pro, what do I need to do before trial?

    I have been rear ended. Uninsured motorist. Defendant admitted fault in writing. Case in SF superior unlimited. Went to judicial arbitration. Was awarded $ 130,000 but defendant appealed and requested Jury trial scheduled for 8/8/16 in SF superior...

    Robert’s Answer

    I agree with most of the comments already provided. One important aspect is proving the extent of the injury. To do this requires expert testimony. You may be able to testify about your pain or your treatment, but you are not qualified to connect the treatment to the crash (what is often called causation.) You should be in touch with your treating doctors and find out how you need to get them to court to testify on your behalf. (Was there ever a demand for exchange of experts? If not, you are in good shape; if so, did you list any doctors?) You should also have your medical experts prepared to discuss the amount of your medical bills and how they were reasonable and necessary.

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  • What does California law dictate in the absence of a DNR/AD indicating a patients medical decisions?

    My fiancé is critically ill and in ICU. At the sudden death of his wife a year ago, he told his children he wanted a DNR for himself never putting this in writing and unknown to me. He is also lacking an advanced directive. Upon our developing rel...

    Robert’s Answer

    I am sorry you are going through a very tough situation. Unfortunately, you do not have any legal rights in the situation you describe. You are not yet married and CA does not recognize any legal rights to those who are engaged. You have my sympathy.

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  • In California, is it true that uninsured motorist coverage is also underinsured motorist coverage? Is that a law 4 CA policies?

    So, I was reading that there is a variant of Uninsured Motorist coverage known as Underinsured (UIM), in the event that you are hit badly and injured by someone who, for example, only has the state minimum coverage. My question is: 1. I am in C...

    Robert’s Answer

    1. I am in California and have Uninsured Motorist coverage. Does it automatically double as Underinsured Motorist by law? Yes. (but there are limitations such as stacking - you cannot stack limits)

    2. What about Uninsured Property Damage? That will depend on the specific terms of purchased insurance coverage. In other words, it is not automatic.

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  • In California, if struck by hit & run driver, will uninsured motorist coverage cover bodily injury even if no license plate #?

    Ok, so a friend of a friend was just in an accident and a debate between us ensued. I need to know what the law says for California please. She was rear-ended and injured. She has uninsured motorist and a full coverage type policy. The driver w...

    Robert’s Answer

    If you would like to start giving advice to your friend, as a friend, may I suggest you tell her to hire an attorney to represent her? There are many analogies about dealing with an insurance co. One of my favorites is this: would you consider getting into a boxing ring with Mohammed Ali? My point is this: adjusters are trained to deal with these cases and part of their training is to minimize the payout to the victim. If your friend wants to get a fair settlement or at least have a better chance at getting a fair settlement, she needs to hire a lawyer.

    As for your questions: yes, she can pursue a UM case (though there are specific steps with which she must comply as part of the claim filing process.) Whether she pays a deductible will depend upon her specific insurance coverage. Does she have collision coverage? Does she have UMPD waiver?

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  • Are decedent family able to claim for survival action?

    Decedent passed away after years suffering. She did not working for 17 years. What are the recoveries? Can we claim for her suffering through survival action? What is house hold services? How to punish doctor? Punitive damages? Thanks

    Robert’s Answer

    Have you considered a talking to an elder abuse lawyer?

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  • Should the names of the defendants and other confidential info on a potential LASC case be disclosed to an Unhired Attorney ?

    A personal injury case is summarized on 2 pages with all the facts and so forth. It discloses the names of the potential defendants and addresses, etc. The summary was prepared to be able to be used when meeting with attorneys who may want to un...

    Robert’s Answer

    A lawyer always wants and needs to know the name of all potential parties, on both sides. That is the only way to make sure there is no conflict of interest - meaning the lawyers possible conflict by knowing and/or having represented or being contacted to represent one of the other potential parties. If there is conflict, the lawyer may not be able to take the case.

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