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David Pivtorak

David Pivtorak’s Answers

39 total

  • What can I do?

    I was in an accident in July, 2013. I was rear-ended while stopped on the 10 freeway in California on my way to work. I went immediately to the ER. I had a severe concussion, whiplash, and a sprain in my neck. The medical bills were almost 20k. I ...

    David’s Answer

    I agree with MIchael. Based on the losses you describe and the fact that you were rear-ended it sounds like $5K is a bit low. But without knowing more it's impossible to offer any substantive advice. Many personal injury attorneys offer free consultations and that may be something you want to do before pulling the trigger.

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  • How long does someone has to sue for a dog bite and what could potentially happen?

    My mom took my dog into the front yard on a leash to go potty and my dog pulled free and bit my neighbor on the arm. The neighbor so far has taken it as far as to get a dangerous animal declaration. Incident happened at my parents house which they...

    David’s Answer

    Generally 2 years is the statute of limitations for personally injury cases.

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  • Is the following considered fraud under California or Federal Law?

    If a Private Investigator or journalist were to trick my employer into providing information about me (job title, date of hire, date I got fired, and reason for being fired) by claiming to be another employer doing a reference check on me (for a j...

    David’s Answer

    Sounds like a matter that should be reported to the police. A PI that commits a crime of deception in the scope of his duties may lose his license.

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  • Would the State Laws under UDAP would cover us because the purchase was made from an Business in San Mateo?

    My second question to my first posting under " What would you advise for us to do in San Mateo, CA?." Would the State Laws under UDAP would cover us since the person from whom we purchased the Jaguar directly from was an Auto Repair Shop Busine...

    David’s Answer

    Did not see your original post. But if you're asking about whether California law applies for a car purchase in San Mateo, then most likely yes.

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  • How can a class action suit be initiated towards Grindr for not providing promised ad-free experience for paid subscribers?

    The gay dating app Grindr Xtra cost me about $60. It promises to be "ad free" but I occasionally get both regular pop-up ads and also spam profiles constantly messaging me. I have screen shots of proof. Can we do a class action lawsuit for the...

    David’s Answer

    If you are misled into paying for a service which does not perform as advertised (no pun) then you, as a consumer, can file an action on behalf of yourself and others who've experienced the same thing. You may be able to get some or all of your money back and possibly statutory damages as well, depending on the causes of action in your complaint.

    The first thing I would do with a potential client in this type of situation is review any agreement or ad promising the "ad-free" experience and compare it with what was actually provided to confirm whether you have a viable case.

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  • How I can make insurance to cover my medical expenses from January, 2015?

    I have problem covering my medical expenses after I lost my health insurance I have had true my ex husband. I used to live in NYC and there my ex husband and me filled for divorce. By law I had a right to stay insured till our divorce become final...

    David’s Answer

    Usually you can't retroactively acquire insurance to cover an event.

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  • Should we file a police report? Or what should we do in this situation? Thank you

    We visited a friend parked in a legal public space, in front of a house, lady came out complained for us to move we didn't, she threatened us by saying "okay just be careful". As we were leaving we checked the car and they put glass shreds right b...

    David’s Answer

    You can always file a police report but they'll probably tell you it's one of those no-harm, no-foul situations. Unless you want to do so as a precautionary measure in case the lady tries to falsely accuse of something in the future.

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  • Defamation - Slander per-se

    A co-worker of mine spread a nasty rumor at work that I have a loathsome disease, which is not true. I am experiencing such distress ... what are the steps I need to do to take action? Thank-you.

    David’s Answer

    Speak to a local attorney. They'll be able to explain the most pragmatic steps you can take in this situation. Sometimes a lawsuit is financially unfeasible and a simple letter may do the trick.

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  • Can a News Outlet be sued AGAIN after a confidential settlement was reached and a PROMISE to remove the defaming article.......

    Can a News Outlet be sued AGAIN after a confidential settlement was reached and a PROMISE to remove the defaming article.......THEY RE-POSTED this crap again just.....THEY REPOSTED THE ARTICLE just weeks after the settlement in Federal Court.........

    David’s Answer

    This sounds like it may be a new, separate act as well as a breach of the settlement. If you had an attorney last time you may want to start there.

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  • Do I have any legal recourse in Missouri to stop a person from “making false accusations” that I was "fired" but was not

    I recently quit my job at a large retailer and gave my 2 weeks notice. I have found out that my previous supervisor is telling customers and former coworkers that I have been fired. I talked to the store manager about it and they said unless I giv...

    David’s Answer

    Seek out a defamation attorney in your area. However, you have to ask yourself if a lawsuit is necessary or if this can be handled with a simple letter.

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