Litigation Legal Questions

What you're describing is called discovery, and every jurisdicton allows the parties to seeek information from each other through the discovery processes used in that jurisdiction, including pre-trial depositions, document requests, and interrogatories.  Check the rules of procedure for the court your are in.  Assuming that you have not passed the deadline for using these procedures, you can use any one or more of them to determine what evidence your adversary plans to use.... Read More

You can sue the neighbor for the damges you have incurred, although I do  not think that the increase in your insurance rates would be recoverable.  You have a claim based both on the original incident (i.e. claiming that the neighbor is responsible for the damage caused byi its tree falling) and the settlement agreement (where the neighbor agreed to pay your deductibe to settle the matter).  To the extent that your insurance company paid anyghing due to the incident, it is subrogated to your rights against the neighbor, meaning that the insurere has the right you would have had to sue the neighbor, had you paid for those damages yourself.... Read More

You don't say whether you are in Florida state or federal court.  I don't know specifically about Florida state court, and it could possibly be different, but in every court in whch I've appeared, filing an answer on behalf of a party would constitute a notiece of appearance, there would be no need for a separate notice of appearance.... Read More

The title is evidence of your ownership of the rv, evidene which will be very difficult for him to refute, but it is not 100% impossible that someone cannot overcome such evicence.  For example, if someone produced a bill of sale, signed by the title owner, showing that sh/she had sold the vehicle, the judge or jury might find that that person was the actual owner.... Read More

I would be very interested in learning more details and speaking with you. Please contact my firm at 203-870-6700. Where is the half-brother now? Where are you located now? Have the police detained the half brother?   Is there evidence of his involvemnet in the murder? Does his father reside in Connecticut and would he be joining you in this matter? Please don't hesistate to call us.  I am so sorry for your loss.   I look forward to speaking with you soon.... Read More

This revolves around the details of your "agreement" for the rent increase. You will need to hire a lawyer to review your evidence of the agreement vs the landlords view. The first issue will be the inconsistency of a 2017 discovered damage and then a 2018 claimed agreement for a rent increase to pay for the specific damages as opposed to simply a rent increase for other reasons. Hire a lawyer ASAP before addressing this to avoid further confusion or complication. ... Read More

I am sorry that you are being placed in this setting, but Diamond & Diamond is a specialty law firm focused on Divorce, Post Divorce, Domestic Violence Matters, Custody disputes, Prenuptiual Agreement drafting / review and related family law type matters and therefore I cannot give you advice as to the application of the 2018 law to a lawsuit filed against you, arising out of a 2016 emergency room proceeding. If the law suit was filed after the new law went into effect, the starting point though would be to look at the 2018 statute to see if it applies to medical services incurred prior to the effectlive date or if it applies to lawsuits filed by medical service providers after the effective date of the 2018 law. I would also contact a lawyer who specializes in consumer fraud matters or insurance fraud claims. ... Read More

Having handled many such cases in the past, I will be candid that both you and I know there is MUCH more to the story than that. That aside, if there is a lawsuit to be filed, its not one any coherent lawyer will take on a contingent fee, so you would have to be willing to spend the money out of pocket on legal fees to pursue such a case. ... Read More

You can always sue anyone for anything, but the question will be whether the manager was acting withihn the scope of his employment when he punched your son.  If so, his employer (which may or may not be the restaurant chain; it could be the individual restaurant) would be liable to your son for any damages caused by its employee's wrongful conduct (assuming that a judge/jury agrees that the manager's conduct was not justified).  If the manager was not an employee of the chain, your son would have a much more difficult time holding the chain responsible for the manager's actions, although it is still possible that the chain could have had something to do with the manager's hiring or training which was arguably improper and contributed to causing the incident.... Read More

Greetings.  It appears you are looking to sue and want to make sure you are within the statute of limitations.  In New York, when a professional seeks to sue for nonpayment of professional fees, they generally must sue within six years.  However, an action for nonpayment may accrue at different times depending on the type of claim brought, such as quantum meruit, breach of contract, or account stated.  Finally, the six years may be shortened contractually.  It is always best to bring specific circumstances to an attorney for review.     ... Read More

I gather you don't have insurance (if you do notify your insurance company right away) and are talking about a potential settlement of a claim which has not yet been litigated  If so, you should know that settlements are voluntary agreements and nobody is required to agree to anything.  If you go to court and lose, a judgment will be entered against you.  IF you don't pay that judgment, or agree on a schedule for paying it off, the plaintiff, now a judgment creditor, will avail himself/herself of various procedures to collect on the judgment, which could include seizing and selling your assets to pay down hte judgment.  Some assets are exempt from this procedure, but you will have to check the extmptions in California (I'm sure you can look them up online) to see what assets would be exempt.... Read More