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Alison Swicker Gokal

Alison Gokal’s Answers

160 total


  • Hey i have just got back from amsterdam and while i was there i got electrocuted by a live wire hanging over my door can i sue ?

    the hotel was in amsterdam , i have pics of the wire , the hotel staff made the wire live wen he can to show me to my door , the wire was there because someone pulled the main light down so i couldent see up there too , there was no one around wen...

    Alison’s Answer

    You would have to contact an attorney in the Netherlands in order to see if you can pursue a case. You can't bring the case in the US since the courts wouldn't have jurisdiction over the hotel.

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  • Anyone have experience appealing verdicts because of inadequate damages in personal injury cases?

    Are inadequate damage appeals very difficult to obtain? I was severly injured and won the case but the jury awarded me very little. Any advice or experience from anyone on here regarding appealing inadequate damages would be very helpful.

    Alison’s Answer

    Appeals are very tricky as the grounds depend on so many things that occurred during the trial. If you had an attorney during the trial, I strongly suggest you speak with him or her about this issue. If not, I suggest you contact an appellate attorney. AVVO is a great forum for simple questions. Yours is too complex. I am sorry.

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  • Today is the deadline to file an answer to the complaint. can i the defendant file the answer at the courthouse personally?

    the plaintiff's attorney is too far to drive to. can the answer be mailed to him? today is the deadline.

    Alison’s Answer

    Yes, you need to file the answer at the court house. You can mail the answer to the Plaintiff's attorney, but make sure it goes out in the mail today and have a proof of service along with it.

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  • Do I need to file a response? Settlement already made in Civil Case.

    I was served with a civil case and I still have about 5 days to file a response to the complaint. The plaintiff's lawyer is filing a Notice of partial settlement tomorrow. I went down to the court to file a general denial today and found out it ...

    Alison’s Answer

    It would be best to file a response, and seek a waiver of the filing fee. This document would be available in the court's office. The reason a response is best is because it is a "partial settlement." Why can't it be a full settlement. You could also try to have the Plaintiff's attorney sign an agreement that the Plaintiff agrees to not seek a default judgment against you without providing you at least 30 days to file an answer. The problem with this is that the court could get annoyed and order a default to go forward, by way of sanctioning the Plaintiff if he/she doesn't move forward with a default.

    Will the Plaintiff's attorney dismiss the case without prejudice and enter into a contract to resolve the full case?

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  • Mandatory initial disclosures in discovery phase?

    Are there any mandatory initial disclosures for discovery in an unlimited civil case?

    Alison’s Answer

    In state court, no. In Federal Court, yes.

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  • To avoid game playing in discovery (and generally), is federal or California a better venue?

    I have a case I want to file. I will be pro per/pro se. The case qualifies for federal court. I like the federal rule on notice pleading but my concern is with discovery. I have read cases and law review articles about discovery abuse and th...

    Alison’s Answer

    California, in general, has an open policy on discovery. California courts like to err on the side of disclosure. However, if your case qualifies for Federal court, it might mean that the defendant and their attorneys are not in California, meaning they would not have the same internal policy and may challenge discovery a bit more. Federal court has certain statutory requirements as to discovery, where certain discovery is required without any party action. However, Federal court has very different procedural requirements. I have had to fight to get discovery in both federal and state court. In my opinion, Federal streamlines some aspects of discovery, but may impose more barriers as to the breathe of discovery.

    While you will be pro per, I do recommend you looking to find an attorney. Litigation is not always as cut and dry as it should/could be.

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  • How do I make a claim against Hackensack Medical Center for the destruction and loss of my twelve day brain EEG performed 2007

    My twelve day videotaped study contained direct evidence of medical mal practice by Hackensack Medical which contained the fatal injury of another patient who wandered and fell in my room. She died that night. Everything was on my video tape. I...

    Alison’s Answer

    • Selected as best answer

    you would be able to sue them for your injury for their negligence. I.e. their injury to you for losing your medical record/video, which would be the cost/loss to you to conduct another 12 day brain study. Further, the issue is whether they had a duty to maintain your video for at least five years. You would need to consult with a local attorney.

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  • What kind of time would i be looking at if i kill an illlagell immigrant

    just asking the local goverment officials dont seem to care and i am not working right now i would not be so mad if they were not till my next door neighbors.

    Alison’s Answer

    Death Penalty or at minimum Life without the possiblity of parol. Not only would you be looking at First Degree Murder, but also a hate crime under both state and federal law.

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  • What is a fair settlement amount?

    I broke my ankle at work.( displaced distal fibular fracture with disruption of the ankle mortise. I am classified as 10% permanent and stationary disability status. My work preclusions are as follows,1. able to stand and walk 20-30 minutes per ho...

    Alison’s Answer

    do you have a workers compensation attorney? The "settlement amount" is very complex in a workers compensation case when there requires future medical care. I am sorry, but it would be very difficult for anyone to speculate as to the value of your case without careful review of your medical records. I suggest you contact a local workers compensation attorney.

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