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Chris T., JD
Chris T., JD, Attorney
Category: Legal
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Experience:  Experienced in both state and federal court.
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How can you ask the courts for a speedy trial based on the

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How can you ask the courts for a speedy trial based on the age and health of a person without lowering the amount of money you receive when you win?
I am the care giver of my father who is 82 years old and there is a very strong case concerning elder abuse from a facility he was in. Is it better that a Doctor puts this push based on his illness and age or I put it in as his caregiver so the negligent side doesn't use it against him with the Doctor and try to lower his winnings because possible time he has left? I want to deal with this in the best manner for him to get the most to help him to have the remainder of his time with the best care and quality of life.
(State of California)

TexLawyer :

Good afternoon. I'll be assisting you with your question.

TexLawyer :

The short answer is that, yes, you can ask the judge to move the trial date because of health complications with the health of one of the parties involved.

TexLawyer :

That said, there is no way to force the judge to grant your motion. It would be entirely in his discretion.

Customer: I understand that. What I am asking is if it is better to not use a doctors declaration because the defense will use the testimony against him when it comes time to argue damages. So I am asking what other options do I have to deal with this that will not limit the damage claim.
TexLawyer :

Clearly, the lifespan of the defendant can impact that amount of the award (assuming the shortened lifespan was not due to the defendant's actions). So, havinga doctor attest that his lifespan is short, it could impact damages.

TexLawyer :

There isn't really a way to have a doctor attest to that without running that risk.

Customer: yes, I understand that. As his caregiver with POA is there a way that I can be the one requesting a speedy trial instead of the doctor so it does not effect the damages? And if so what is the best way to do this.
TexLawyer :

You, with his POA, can make that request. All you (or his lawyer, if he has one) need to do is file the motion with the doctor's affidavit attached. There really isn't more to it than that.

TexLawyer :

The judge could schedule it for a hearing, in which case you might have to bring the doctor to testify, which will cost money.

TexLawyer :

Either way you get it across that his lifespan is somewhat shortened (through you or a physician), it has the potential to impact his damages.

TexLawyer :

In some ways, it puts you in a difficult situation. You can try to speed the trial up, but you run the risk of impacting damages.

Customer: Yes, I understand that too. I was hoping you would be able to direct me to the best angle to take, if there is one for the best way to not impact damages.
Customer: is there a place you can direct me to find case studies for this subject?
TexLawyer :

That would depend on several factors, including how long you think he has to live, how long it will take to get it to trial, and the likelyhood of getting the motion granted. I can't tell you exactly how to file you motion, since I don't have all that information, but I can just tell you your options. I am not aware of any case studies on this subject.

TexLawyer :

One thing to keep in mind is that the lighter you go on selling his illness, the less likely it will be to impact his damages, but the less likely you will be to get the motion granted. It is just a judment call someone with more info regarding his medical condition would have to make.

Customer: ok. Can you direct me to a law site that I can do research that shows cases?
TexLawyer :

This is not thesort of thing that would benefit you to research. The judge has almost complete discretion in this matter, so showing him caselaw going o do much for you. Also doing research on a legal database can be expensive.

Customer: Well, I was hoping for more. Pretty much new the answers you provided. Thanks
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