when looking at a settlement offer would it be typical for it to have a breakdown of the funds that were meant for the plaintiff and the legal fees. or is the settlement only split by the attorney and the clients/plaintiff
It's not clear to me from your question whether you are the plaintiff or the defendant. If you are the defendant and you are the side offering money to settle, then you are probably not entitled to know what the settlement breakdown is on the plaintiff's side, because the amount of the attorney fee in most cases is privileged attorney-client information. If, however, you are the plaintiff, you may want to ask your attorney to estimate the "net" settlement to you after fees and costs are deducted.See question
his homeowners insurance company wants me to answer some questions regarding the accident. i am afraid i will say something that will bite me in the ass later.also, i am curious if the homeowners insurance company will pay me any money after the ...
You need to act now. You may also have a claim against the product manufacturer, distributor, or others. It is critical that the evidence (the wood splitter, among other things) be "preserved" and unaltered since your accident. Many things need to be done that an expert can help you with. If you need assistance identifying good lawyers in Santa Barbara County, you are welcome to call.See question
there was a truck parked on the street, truck had a camper shell on it and out of the back window there were half o dozen steel pipes sticking out about 4 ft. because of the camper shell my son didnt see the steel pipes and suffered multiple lacer...
I handled a case very similar to the one you describe (see below). Agree that immediate action is necessary to help preserve your son's potential claim, especially photographs. Here is the specific California Vehicle Code section which MAY apply: Per CVC Section 24604, whenever the load upon any vehicle extends, or whenever any integral part of any vehicle projects, to the rear four feet or more beyond the rear of the vehicle, as measured from the taillamps, there shall be displayed at the extreme end of the load or projecting part of the vehicle: a solid red or fluorescent orange flag or cloth not less than 12 inches square.See question
In January, the gym my wife belonged to, temporarly changed the floor composition and did not inform her of the potential risk of injury. She fell and severely broke her wrist. Her doctor and therapist estimate recovery to be six to twelve months....
It is commonplace for health insurers to assert claims on personal injury recoveries. Your lawyer should determine the validity of the claim, and work to negotiate a reduction of reimbursement of any valid claim. This process usually takes place nearer to the end of the case. Right now, because this is a case involving a serious injury, the focus initially should be on establishing liability against the gym for an unreasonably dangerous condition that caused the fall. The health insurer's claim can be resolved later and, in my humble opinion, should not be a major source of concern for you at the outset. I wish her the best in her recovery! You are welcome to call me to discuss this further. VictoriaSee question
They are supposed to make the records AVAILABLE within five days of getting the authorization. This is not the same as copying them and sending them out, however, which often takes longer. If you wish to read the law that governs this topic, google "California Evidence Code Section 1158"See question
He wont release the file to me unless I pay a fee, I thought the file was mine.
...because the attorney I have contracte with last phoned me about a month ago and blurted out: " So! I heard you beed a back surgery!" . Haven't heard anything since and I was just wondering if I needed another attorney or what? I know these th...
I agree with many of the above comments. Injury cases can be stressful and emotional for the injury victim, and the manner and timing of case handling can seem slow and unwieldy to someone who has never been involved in the legal system before. Call your attorney and make an appointment to sit down in person and talk about what you can expect to occur. If you would like a status update periodically, ask for it. Some attorneys feel that clients would rather leave the whole matter to the attorney, and not be bothered about what is going on behind the scenes. Every case and every client is different, so communicate with your attorney about what you feel your needs are, and see if he or she can accommodate you. Good luck.See question
Purchased a camera from radioshack will full insurance and then returned it to radioshack for repair. Not giving.me my camera or even an answer on what happened. Until it was discovered to have happened to many other customers. I was told after 4 ...
Depending on the value of the camera (less than $7500?), I agree that small claims court would probably be the best way to handle the case. You can find everything you need, including forms, here: http://www.courts.ca.gov/selfhelp-smallclaims.htm. If you go to court, make sure you have all evidence at your fingertips, such as receipts, documentation of each time you tried to resolve the claim, and be prepared to tell your story and clearly and succinctly as you can. Good luck.See question
Am I allowed to subpoena witnesses in a Small Claims suit?
In addition, please be aware of the general information about small claims court cases, available here:
Does a two year statute of limitations for automobile bodily injury mean you have two years to file or two years to actually settle?
Please be aware that there are different time constraints if the claimant is a minor, and additional time constraints for any claimant if anyone who caused the injury is a governmental entity.See question