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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88819
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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for Paul MJDI submitted my letters from doctors indicating

Resolved Question:

for Paul MJD
I submitted my letters from doctors indicating that I am too ill to proceed, asking for a continuance. Letters from heart surgeons and family doctors etc.

She denied it. Pretrial conference is scheduled for June 13. I must have a list of witnesses and exhibits to present then for trial June 19th.

The surgeons insist they cannot do the surgery until I gain some weight. I lost 50 lbs. due to the injuries caused in this case.

I an at a loss; any suggestions??

I have not witnesses, because they denied my subpoenas.. I have not exhibits because I do not have the resources to have people come in and verify the documents. I do ot have the rescourses to have the expert come and testify,

What can I do. After about 20 minutes I an hour of breath. She says her court runs from 9 to 4 with one lunch break. I would never last.

Suggestions????
Submitted: 1 year ago.
Category: Legal
Expert:  wendy-Mod replied 1 year ago.

Hi, I'm Wendy and I am a Moderator for this topic. I sent your requested professional a message to follow up with you here, when they are back online.

If I can help further, please let me know. Thank you for your continued patience.

Regards,

Wendy
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question and your patience, I apologize for the delay as I was out of the country and had limited internet access.

The continuance, as I said, is up to discretion of the court. If the doctors cannot do the surgery, then there is no impending hospital visit that would interfere (which is what the court will argue). I do not know why they denied your subpoenas since you are legally entitled as part of your due process to call witnesses on your behalf and the court cannot reuse to allow you to call a legitimate witness in your case.
Customer: replied 1 year ago.


The court said, I did not get my intent to serve subpoenas out in a timely manner and therefor they are invalid.


 


All four of the heart surgeons want to do heart surgery, however , due to


the injury caused by this case they have to wait until I gain 10 to 15 pounds, before they will attempt the surgery, the doctors also want extra tests done, because of the injures caused by this case, to see if my breathing is effected, and they want to be sure I can be safetely and effectly intubated. All these tests take time. I have to make it passed one in order for them to be ae to do the next one safetly.


 


At this point I can not read for any length of time .I can not write anything meaningful. I have to ask my husband what day it is. I sleep till noon or 2 PM everyday. I rarely leave the house, except for medical appointments. I do not answer the phone and can not keep up with the house keeping.


 


I have been advised I will loose kidney function and possibly my life during this operation. And still the judge will not give us a continuance.


 


I do not have the strength to get out of bed. I am no able to write an appeal. My condition has taken a downward turn. I have not help to continue.


So , I guess I am just screwed. Is that an adequate assessment of my situation??


 


I can not make it to the courthouse for the pretrial conference on June 13th, an I correct in assuming the judge will just throw the case out??

Expert:  Law Educator, Esq. replied 1 year ago.
When you go to the pre-trial conference you need to raise your medical condition again as grounds for you to be allowed to serve your notice of intent for subpoenas late and try to convince the judge to allow them to be issued.

If you do not show up at the pre-trial, I am afraid that it is likely that the court will dismiss your case with prejudice, meaning your case will be over.
Customer: replied 1 year ago.


In a settlement letter must damages be itemized?? We still are not sure if some of what I have suffered is directly from the incident at hand. We have had real trouble getting doctors to even see me. And none will say, except our expert, that the damages came from the incident in question.


 


Most of what they damages is permanent, I can only looks for ways to cope with these kinds of damages.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question.

You do need to specify the damages you are seeking and justify those damages in your settlement letter. You need to explain why you are asking for the amount you are asking for in your settlement letter.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88819
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Now we are less than ten days from trial. I just got a pile of paperwork from the defense. If, I am understanding this correctly , she is precluding me and any one on my behalf to talk about anything at all pertaining to the case.


They insisted on a list of damages, which I provided, now her motions in Limine preclude saying anything about anything. Even the items included in the complaint are (precluded) from testimony.


 


My afflictions have me on bed rest. I can nolonger type, except with two fingers.


 


Am I expected to answer these items (all of them) in less than 10 days.


This is a ridiculous game they play. They demand all this information, then preclude all of it from being discussed at trial.


 


My understanding was that the defense and I were to agree on the jury instructions. The defense has pages and pages of jury instructions, but never contacted me about agreeing with them.


 


The judge denied my motion for continuance. How long do I have to appeal??


Can I get more time to answer thee motions in Limine. If we can not talk about anything pertaining to the case, why have a trial.


 


Being bedridden, I faxed the judge a note indicating I could not be at the pre-trial conference, tomorrow.


 


The doctors have to put off the heart surgery. Due to difficulty swallowing, I have lost 50 pounds since 2008. They will not do the surgery, until I gain at least 15 lbs. and keep it on.


 


I know what your answer will be----"you need a lawyer". We have been turned down by two more in the last two weeks.


I have to lay down now.


Blessed be, for all your help.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your update.

You can file for a motion for continuance to answer the motions in limine, but it sounds like this judge will deny them. As previously discussed, continuances for any reason are discretionary to the judge and as such they must be reviewed only on an abuse of discretion standard, meaning no reasonable judge viewing the same facts could reach the same conclusion.

I am afraid that if the judge denies your continuance, you will have to wait for the end of the case and include that in your appeal as part of the denial of your right to meaningful due process.
Customer: replied 1 year ago.


I can not attend the trial, therefor, I expect the judge will dismiss, with prejudice. Do not that mean I can not appeal??

Expert:  Law Educator, Esq. replied 1 year ago.
No, you can file an appeal even if he dismisses with prejudice. You have 10 days from the entry of judgment to file a notice of appeal with that court and then 30 days from entry of judgment to file your appeal to the appeals court.
Customer: replied 1 year ago.


Ok so how do I file an appeal? is it written in the form for a motion?


 


The only reasons I have to put forth for an appeal are the reason I already gave.

Customer: replied 1 year ago.


" a nonsuit is granted" would you please clarify this state ment???


 


The judge also says "the plaintiffs failure to rrovide a rquied substantiation for reason of a continuance as required by ryles of the court.


 


I have sumitted two letter from bonified a family family (0ver 25 years)


 


 


doctor and a more recent letter from The heart head surgeon at the university of Penn in Philadelphia.


 


I do not understand what this judge wants??

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

To file an appeal you have to submit a notice of appeal to the court that issued the non-suit/dismissal and you need to state the reasons for the appeal. in your case abuse of discretion since you did produce medical evidence and documents that you had a medical record for not appearing.

Then you have to request the court records and transcripts in the lower court be sent to the appeals court. You then have to file an appeals brief with your description of your case, the issues on appeal, the rules and case law that applies and how that case law applies to your case such that your case should be reversed on appeal and sent back to the lower court for a trial on the merits.
Customer: replied 1 year ago.

What form foes a notice of appeal take. Is it the dame as writing a motion.


Is there a sample template somewhere, I can use???

Expert:  Law Educator, Esq. replied 1 year ago.
If memory serves me correct you are in PA and here is the PA Code which contains the sample notice of appeal. See: PA Notice of Appeal. However, if my memory is wrong, please let me know because our threads are too long for me to go back and look through to find your state again.
Customer: replied 1 year ago.


It looks like 210 Pa code rule 904 is directed to inform the defendant/plaintiff of an impending appeal. I am appealing the judges denial of my request for continuance.


 


When I get this put together, to whom must I send it?


Am I appealing to the supreme, Superior, or Commonwealth court??


 


This sample template does not have a place for me to plead why I am appealing?? Where does that go?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your update.

When you put everything together, you must file it with the clerk of court and send a copy to all of the other parties (or their attorneys) involved in the case.

If you are in Superior Court now, then the appeal is to the intermediary Commonwealth Court and from there to the Supreme Court.

I cannot see the template you are using, so I do not know where you would insert the information, but if there is no space then you attach your written list of errors together with the case law you have to support why you are correct and your appeal should be granted. In your appeal brief, you must give a brief history of the case, describe your facts then list each of your issues. For each issue you state the Rule/Case Law that supports your position, then analyze how it supports your position and conclude with based on the analysis why the court should rule in your favor. You repeat these steps for each issue you are arguing. When done arguing your issue you write a conclusion where you summarize each issue and why ruling should be in your favor on each issue.
Customer: replied 1 year ago.


I am in County Civil Court, the local county court, what court is next on the ladder?

Expert:  Law Educator, Esq. replied 1 year ago.
If you are in the court of common pleas then your appeal is to the Superior Court. If you are in a court below Common Pleas, then your appeal is to the Court of Common Pleas.
Customer: replied 1 year ago.


If a demand for settlement was made, must they answer, or can they just ignore it?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question. They are free to ignore a demand for settlement. Their ignoring the demand for settlement is the same as their refusal to settle.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88819
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


I am quitting now. I do not have the strength , some days, to check my email. They are doing a lot of testing, due to the complications involved. The heart surgery is scheduled for September.


 


Over the past 4 years we have spoken with nearly 300 attorneys. Almost all would not even consider my case, because another attorney had dropped it. We still can't find out why, he dropped it. The court released him.


The remainder of the attorneys would not consider the case because, it is in Lehigh County, PA.


 


I have two days left to appeal the denial of my request for continuance. I need those days to rest. I guess we could say this doc got away with it. I'll never forget, I have pain 24/7 to remember him by, forever.


 


What is the statute of limitations on Legal Malpractice???

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. I am sorry to hear of your condition getting worse. I wish you the best for improvement.

Under PA law, you have 2 years from the date of the alleged act of malpractice to file suit for legal malpractice.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88819
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

How long do I have to wait to see I fhey are going to countersue.


Forgive me my fingers do not work the way they used to/,?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. What are they going to countersue you for?
Customer: replied 1 year ago.


For defense expenses or what ever else they make up in their little game.

Expert:  Law Educator, Esq. replied 1 year ago.
They would have up to 1 year from the end of the suit to try to file a claim against you for legal fees.
Customer: replied 1 year ago.


If I choose to pursue the negilent attorney in this situation, should I look for legal malpractice attorneys outside of the area.?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Yes, you should look for legal malpractice attorneys in the same state, but outside of the local area.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88819
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you

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