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Abbas K Gokal

Abbas Gokal’s Answers

7 total

  • Can I sue a plastic surgeon for doing a botched job in small claims court? What are my chances of winning?

    I had jowl and eyelid surgery. A week following surgery, I experienced great pain behind my left ear. The doctor couldn't figure out what was wrong. My pain was so excruciating for almost a month. I couldn't leave my house for a month. He had...

    Abbas’s Answer

    I've never heard of anyone pursuing a medical malpractice claim in small claims court in California. Proving negligence in a medical malpractice case will likely require you to hire medical expert to review the case and testify against the alleged negligent doctor. As a practical matter, the cost of the experts will likely outweigh any recovery you may get in small claims court.

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  • Wrongful death in California.

    I understand micra laws in ca are difficult to overcome. My 64 yo father passed away last week. He had an aggressive but treatable cancer. He passed due to liver failure due to a hepatitis complication. He should have been given a prophylactic dru...

    Abbas’s Answer

    You are correct in assuming that a medical malpractice attorney will typically conduct some form of a cost/benefit analysis before accepting to represent the client. Where the act of malpractice is not obvious, the attorney will hire an expert to provide their opinion as to whether or not the doctor acted outside the standards of their profession. If the attorney determines that there is a malpractice claim, the attorney will want to figure understand what the damages were. In other words, as it applies to your father, by how much did the doctor's acts or failure to act hasten his death. Typically the attorney will look for a strong argument for liability and significant damages such that it outweighs the risks and costs of litigation.

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  • How do i cash my ex husbands last check or can my son cash it? I was still living with him when he died there is no will.

    My son can cash it if I can't. He has many bills left but no bank account.

    Abbas’s Answer

    You may want to look at Cal. Prob. Code 13100-13116. Simply put, California statute provides for ways to administer small estates without probate. The following links may give you a bit more information on achieving this: and

    Good luck.

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  • Where do I find a list of cases in probate for Los Angeles County ?


    Abbas’s Answer

    Here is the LA County Probate Court's website:

    Probate is a public court process. You should be able to get complete case information including a copy of the decedent's will if one existed.

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  • Can they take away a my father's home if my uninsured brother is being sued for a accident involving bicyclist?

    My brother was driving my fathers car. He is uninsured and listed as an excluded driver on the policy. Insurance has already said they will not cover any damages, but we received a letter from a lawyer retained by the bicyclist injured in the acci...

    Abbas’s Answer

    You may want to take a look at California Civil Jury Instruction (CACI) for the elements a jury would have to find to succeed on a negligent entrustment claim. Below is a copy of the applicable jury instructions:
    724. Negligent Entrustment of Motor Vehicle

    [Name of plaintiff] claims that [he/she] was harmed because [name of defendant] negligently permitted [name of driver] to use [name of defendant]'s vehicle. To establish this claim, [name of plaintiff] must prove all of the following:

    1. That [name of driver] was negligent in operating the vehicle;

    2. That [name of defendant] was an owner of the vehicle operated by [name of driver];

    3. That [name of defendant] knew, or should have known, that [name of driver] was incompetent or unfit to drive the vehicle;

    4. That [name of defendant] permitted [name of driver] to use the vehicle; and

    5. That [name of driver]'s incompetence or unfitness to drive was a substantial factor in causing harm to [name of plaintiff].

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  • I have a slip and fall case with an Attorney who I have had trouble contacting or just isn't returning my calls or emails

    This case was presented to the Attorney in 3 years ago and I have had very minimal communication from the Attorney and just me being the one to call them and leaving numerous voice mails and emails. Is it too late to file with someone else and wha...

    Abbas’s Answer

    Being that it has been 3 years since the accident, it may be to late for counsel to file suit if he has not already done so. You may want to send a written demand for your case files. An attorney has a duty to communicate with his clients and keep them informed.

    You could consider hiring another counsel to take over your case and to determine whether your current attorneys actions have prejudiced your claims in anyway. You may have a claim for legal malpractice.

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  • My father and step mother have a trust. my father passed on. i am the trustee for my fathers side.

    after my dads death, my step mother fired the originating attorney. she hired another one and soon after fired him as well. the trust is apparently in a box with my step mother. how do i obtain a certified copy if she is unwilling to provide it? i...

    Abbas’s Answer

    You should probably begin by sending a letter via certified return receipt, demanding a complete copy of the trust including any amendments be delivered to you. If this fails to work you will likely have to file a petition in Probate Court to compel the trust to deliver to the beneficiaries a copy of the trust.

    You should act with haste as trust properties to which you may have an interest in may be wasted each day that you delay. A trustee has a fiduciary duty to the beneficiaries.

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