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If you are in court and the other party lies and, as a

If you are in court and the other party lies and, as a result you are either sent to jail or some other extreme penalty, what are the possible outcomes if the lie is unearthed. So, for example, if ten years after a trial, it is discovered that the other party lied and sent someone to jail. They may have perjury charges but wouldn't the normal civil suit window be closed - preventing the jailed person from going after them civilly? Or, is there some other action that can be taken.We all watch court T.V. and have seen someone make statements that are sometimes not true. So, this may not be an easy universal answer but I'm researching options.

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Zoey, JD

Doctoral Degree

31,334 satisfied customers
According to our insurance company We are being sued. A new

According to our insurance companyWe are being sued. A newLawyer has been retained for theComplaintent. He says he won't accept theInsurance offer. The insurance companyHasJust received a request for a list ofOur assets. We do not know if we should release this information

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Patrick, Esq.

Doctoral Degree

18,920 satisfied customers
I'm not sure if this is standard practice, but I've never

I'm not sure if this is standard practice, but I've never encountered it, so would appreciate some input. Is it typical (or appropriate) for an attorney to ask a prospective client to sign a retainer agreement before establishing if the statute of limitations has run out on filing a claim? It's involving a matter where a few factors may determine which statute date applies, but since all relative information has been provided, it's something that should probably be relatively easy to establish. If this is considered acceptable practice, how much time should the attorney be allowed to make this determination (since he's essentially preventing me from seeking another attorney while the matter is in limbo).Also, if I do sign an agreement now and the attorney subsequently decides the statue is a problem and doesn't want to pursue the case, I assume he would be required to provide an immediate release from our agreement so that I can seek other representation, but is there any possible way this scenario might create a lien against any future recovery?

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LawTalk

Attorney at Law

Juris Doctor

35,082 satisfied customers
Is it 'acceptable' for a personal injury retainer agreement

Is it 'acceptable' for a personal injury retainer agreement to state that a client will be responsible for all fees and associated costs in the event that the client terminates the relationship (even if there's no recovery) without defining any terms or grounds for said termination? In other words, shouldn't a contract specifically define the circumstances under which the client is seeking to terminate? I understand that an attorney who leaves a case in progress has a 'lien' against any future recovery, but what if the attorney's conduct is questionable, or he/she isn't performing - and the client wants other representation? I'm looking at such an agreement now, and it does spell out what happens in the event that the attorney withdraws and another attorney takes over, but the language seem ambiguous if it's the client seeks to terminate the relationship, which raises serious concerns about signing it.

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Patrick, Esq.

Doctoral Degree

18,920 satisfied customers
My wife is in 24 hour pain due to a Gallbladder surgery. She

Hello my name is***** wife is in 24 hour pain due to a Gallbladder surgery. She now has a Liver hematoma that the only way you can get one is thru trauma or injury.I would like to tak to someone concerning this matterJA: What state are you in? It matters because laws vary by location.Customer: My state is TX, oh my name is*****JA: Has anything been filed or reported?Customer: Not at this time. We have spent the last 2 months trying to get her the best care. She is in pain all night and it's time to do something.JA: Anything else you want the lawyer to know before I connect you?Customer: This is a start. Thank you very much.

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124 satisfied customers
What right do I have to sue for damages from people who

what right do I have to sue for damages from people who worked at my isp providing my browsing history to people outside the company they work for damaging my reputation and eroding my marriage and causing pain and suffering.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: south carolina but you will also have north carolina involved because thats where sip provider is locatedJA: Has anything been filed? If so, what?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: not that i know off

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,694 satisfied customers
A friend had informed me that Florida won a law suit against

A friend had informed me that Florida won a law suit against the tobacco company and his family file a claim for his mother's death and received a settlement. My mother died in 2009 from COPD. Is it took late to file a claim against the tobacco company?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: FloridaJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: I want the lawyer to know that that she really suffered the last 15 ish years of her life from the disease.

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RobertJDFL

Attorney

Juris Doctorate

13,364 satisfied customers
I filed suit in Magistrate court against 3 defendants

I filed suit in Magistrate court against 3 defendants (members of the same family). The claim was for reimbursement of expenses for property damage caused by the daughter (driver) in an auto accident. She was cited, and the insurance co had taken responsibility for fault. I was not happy with their settlement offer, and arbitration was not successful. At the Magistrate Court hearing, I did not have a lawyer, and the case was dismissed based on procedural errors. It was my understanding that there is more leeway for those kind of mistakes in small claims court, and that the procedure is generally more relaxed, but this judge was ruthless, and the issue of property damage was not even addressed, because she was so busy beating me up for minor legal mistakes that I made.One of the defendants (the daughter/driver) had moved out of state and was not located/served prior to the hearing, but the attorney representing the family (two parents and the daughter) answered on her behalf, stating that it was a "special appearance" by the defendant. The opposing attorney brought the failure to serve the 3rd defendant to the attention of the judge, who subsequently used it as one of her reasons for dismissing the case.Question: Did the fact that the attorney answered on the behalf of the defendant cancel out the need for the daughter to be personally served? If she already had representation and answered the complaint through her attorney, why would she still need to be served?I then filed an appeal to state court, and served their lawyer with the Notice of Appeal. I excluded two of the original defendants (the parents), leaving only the third defendant (the daughter).Questions:Should I have done something to officially release the parents? If the Appeal automatically lists the same three defendants as in the original complaint when it is transferred from Magistrate court, is there a procedure to specifically dismiss the case against them?The daughter has now been located by an investigator. Since she wasn't served with the original claim, does she still need to be served with that, especially now that the Magistrate hearing is over and it is now a trial de novo? Does she need to be served with the notice of appeal, or is it sufficient to have served the attorney? If she does need to be served, exactly which papers need to be given to the process server? Only the Notice of Appeal and Certificate of service? The original complaint from Magistrate Court? Anything else?Was I supposed to modify the info about the claim on the notice of appeal? There was no space or instruction to correct or add information, so I assumed nothing else was required.Since fault was undisputed and an offer had been made prior the the hearing, is the insurance co still legally obligated to pay for my property damage even though the case was dismissed in magistrate court?What happens next? Is any action required by the opposing party in response to the filing of my appeal? Am I just waiting for notification of a trial date?I want to hire a lawyer for this simple matter, but since there's very little to be gained, I'm having an impossible time finding anyone who is interested in helping me.Thanks very much.

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Lucy, Esq.

Juris Doctor

31,918 satisfied customers
Uninsured Motorist Question - I was rear ended by an

Uninsured Motorist Question - Hi, I was rear ended by an uninsured motorist. I have coverage 100/300K through my auto plan for uninsured and under insured motorists. There didn't appear to be any visible damage to the car I was driving other than a scratch (though we haven't had the metal under the bumper card reviewed yet), but I did sustain whiplash in my neck, lumbar pain and right knee pain from my knee going into the dash board. I was at a full stop in a drive through lane. The other car saw the car in front of me move and thought it was me and punched it, crashing into me. Since there's no real damage to the car, but I have medical bills, how does that work with my insurance company for pain and suffering. I also have $5K in medpay. Is there a time limit on how long in California that I need to notify my insurance company that I want to file a claim. No attorney is going to want to represent me with no real damage to the car but I have mounting bills from the hospital, MRI, x-rays, etc. What is the procedure with your own insurance company being the one to reimburse you for an uninsured motorist?

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Loren

Juris Doctor

40,168 satisfied customers
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