Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

How can you ask the courts for a speedy trial based on the

age and health of a...
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)
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
7/12/2013
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
Experience: Experienced in both state and federal court.
Verified

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
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
Experience: Experienced in both state and federal court.
Verified
Chris T., JD and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Chris T., JD Your Own Question
Chris T., JD
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
4,829 Satisfied Customers
Experience: Experienced in both state and federal court.

Chris T., JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Is there any issue with providing video deposition testimony
is there any issue with providing video deposition testimony (from a party to the same lawsuit) as an exhibit to a motion or opposition?… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
I received a custody judgement and I want to appeal it
I received a custody judgement and I want to appeal it because not one thing the judge based his ruling on was truth. This involved misconduct and incompetence of the courts expert … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
When presenting documented evidence, should everything be
Hi, when presenting documented evidence, should everything be provided for review by the other side..? e.g. if I've got damning evidence, and expert witness testimony, tying to all of the other eviden… read more
Damien Bosco
Damien Bosco
3,376 satisfied customers
Petitioned for letters testamentary. filed objections to the
John petitioned for letters testamentary. Tom filed objections to the issuance of letters to John alleging that John had taken money from a convience account with the decedent that he closed out after… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I had a small claims case. A witness was not sworn in by the
I had a small claims case. A witness was not sworn in by the judge before answering questions and told lies. Can I request a new hearing because she didn't take the oath first … read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
I understand in Wisconsin there exists something called
I understand in Wisconsin there exists something called "Jensen evidence" in which attorneys are allowed to call experts to the stand to testify whether the alleged victim's behavior is consistent wit… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
In Georgia can a principal come to court in the capacity of
In Georgia can a principal come to court in the capacity of principal to support a parent who works for her? In the testimony principal accuse the Dad of misconduct at the School. … read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
Again), I need to dispute that a "statement" was a
Hello, (again), I need to dispute that a "statement" was a "testimony". I thought that legal definition of "testimony" is defined as one made "under penalty of perjury"? Is there an official legal def… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
What is the importance of a deposition? Is it necessary to
What is the importance of a deposition? Is it necessary to question a witness in a medical malpractice trial.… read more
KJL LAW
KJL LAW
Juris Doctorate
1,756 satisfied customers
Im going to file a motion to strike in my child support case
im going to file a motion to strike in my child support case based upon the NCP lying in her testimony to court. what rule or law can i site in my motion which allows me to file that type of motion?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
If a Court Reporter does not mark exhibits into evidence
If a Court Reporter does not mark exhibits into evidence during testimony, does not have them in their possession when they transcribe testimony to a transcript, and, the exhibits are stated as part o… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I need sight a lawyer to force a police officer testimony in
I need sight a lawyer to force a police officer testimony in court … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
Could I subpoena a written statement instead of testimony,
Could I subpoena a written statement instead of testimony, of since there is no hair to analyze? Could that be enough information to have a judge to grant a temporary Immediate danger ruling? What day… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
If during open testimony in workers comp court the court is
if during open testimony in workers comp court the court is made aware of serious criminal activity within a city agency are they bound by oath or any law to report it … read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,221 satisfied customers
Is it permissible for an expert to give testimony colloquy?
Is it permissible for an expert to give testimony colloquy? Have an expert that will show up for the trial but due to timing we can't get his report ready in time. I'd like to inform the court that du… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
Can I use testimony of a witness from another case to help
Can I use testimony of a witness from another case to help prove my case? I'm not sure if it was cross examination or a portion of a deposition that was read in court but it was found in court filings… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
I need to know the process of recanting testimony given
I need to know the process of recanting testimony given under oath. I know I have to have a sworn affidavit, but who do I give it to and what is the process? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If a customer gives their verbal okay to use their testimony
If a customer gives their verbal okay to use their testimony in your marketing material and you are only using their first name and their city, do you need a formal release?… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,290 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x