Answers for your legal questions

Can i file a lawsuit against my local public defenders office.? answers (471527)

People haved asked the following law querstions similar to "can i file a lawsuit against my local public defenders office.?". If you have other legal doubts, use the box above to get answers.

Q: 

Can I sue a restaurant for a bone found in my food that made me choke?

A:  Response: You certainly can file a lawsuit and collect awards for damages. However, a few more very important elements need to be examined. Did the dish you order contain any meats that knowingly contain bones in them, or was it misplaced? Foods with bones that cause mouth injuries usually cannot be considered negligence of the restaurant operator and should be expected by the patron. However, if it was completely misplaced, then negligence can be proved. You would also need to have witnesses and should keep the object you found as proof. The restaurant may offer to settle outside of court but it is still worth your while consulting with an attorney to determine if the out of court settlement is fair vs. filing a

Q: 

Can I sue a hospital for malpractice after 2 years in New York?

A:  The statute of limitations is the length of time in which you have to file a lawsuit. Once that time expires, a court will not allow a lawsuit to proceed onthe matter.  In the state of New York, medical malpractice claims must be filed within 30 months from the date the injury occurred.  If the claim involves the presence of a foreign object within the body of the patient, a lawsuit must be filed within one year that the foreign object was discovered or should have been discovered.  For claims involving minors, they have three years from the date of their eighteenth birthday tobegin litigations. In order to win a medical malpractice case in...

Q: 

My fiancee and I broke up several months ago. One of the reasons I ended the relationship is because he hit me and threatened me physically several times. He still calls me regularly and comes to my apartment to try to see me. I just want to move on with my life and I don''t want to see him anymore. My friend told me to see a lawyer about filing a domestic violence case against him. We were only in the process of moving in together when all of this happened. Do I have a case?

A:  The answer to your question will most likely depend on two factors. The first is the nature of the domestic violence statute in your state and the second is whether you and your ex-fiancee can be considered ''family or household members.'' Each state that has a civil domestic violence statute will have its own definition of what constitutes a ''household'' or ''family'' member for purposes of bringing a domestic violence action. In your situation, you will want to file a civil domestic violence petition with the hopes of obtaining a civil protection order restraining your ex-fiancee from coming into contact with you. The problem, however, is that you may not be considered a ''household member'' or ''family member'' to your ex-fiancee. In Ohio, for example, the...

Q: 

How can I get my property back if I believe a search warrant affidavit is invalid?

A:  I wish to inform you that you will be required to have court order regarding having your property back. In this regard when boxes were exchanged at that time it was the duty of buyer to check whether there was Iphone4 or not. If buyer has not checked at that time then there was a fault from buyer''s side. You may inform the court that there was no Ad placed on Craigslist for Iphone4 and the complete transaction took place through text messages. The Ad placed on Craigslist was for Iphone3 in which transaction there is no problem between you and the buyer after the completion of the sale. You may argue these facts in the court. Further, you may claim costs in the case. The court will consider all the facts and decide the matter. AFF Yeah that is what I am going to have to do. However I...

Q: 

What can I do if my brother misrepresented the terms of a contract that I signed?

A:  Yes, you should definitely get an attorney to advise and represent you. In essence, to defend yourself--that its, to try to get out from under the obligation to pay--you will need to allege and show that you brother did commit fraud; that is, that he knowingly lied or tricked you into signing something that you otherwise would not. This could open your brother up for additional liability (including potentially criminal liability), but it is also an ''uphill'' or difficult case to make. Adults are presumed to know the terms of any agreements they signed, and a failure to read the language is not normally a defense: you could have chosen to not sign the agreement or get a translation. Note that even if you cannot get out from under the obligation, you may be able to at least force your...

Q: 

I financed a car and voluntarily surrendered it because my son is very ill and in the hospital. He needs physcal therapy and my undivided attention. This meant that I had to quit my job and could not pay for the car. They now say that I owe them $4600 dollars. I do not have this money and this amount is more than I owed on the car in the first place. Also, they will not give me a letter stating that I no longer own the car allowing my son''s Medicaid to be reinstated. What can I do?

A:  As you''ll see from past responses, this is a question I''m asked frequently. Still, I chose to answer because of your problem in obtaining a letter that you no longer own the car.I believe your first question is if you owe the bank the money they say you do. Probably, yes. Ask for an itemization of the amount owed and look at your loan documents. If you don''t have your loan documents, ask for those along with the itemization of the amount due. The bank probably has the right under the loan documents to add to your balance all of its costs of collecting the loan. This includes all past due charges and all amounts spent to store and sell the car. Interest might also be accruing on the balance. Unless they agreed to write off the balance when you surrendered the car, you''re still obligated...

Q: 

Expedition ran a red light my car is totaled and i only have liability.?

A:  ''Liability only'' means your insurance company will only cover your liability in the accident up to the amounts you purchased. That means if you are at fault they cover him, but not you. They still cover medical, but nothing for your car. If the other guy is at fault then his insurance will be the ones you deal with for everything. If he has no insurance then you would need to have the rider for uninsured motorist on your policy. Some states require that extra coverage, so you may have it. If he is at fault, is uninsured, and you do not have the rider... then you have to sue him directly and prove he caused the accident with no help from your insurance company. Chances are it is going to cost you some bucks up front to hire the lawyer, and take a long time to see a judgment. If you get a...

Q: 

How to file lawsuit against county?

A:  Before filing a lawsuit against any government entity, you MUST first file a claim with the local municipality with which you are having an issue. The purpose for this is to give the government, which is, after all, you and I, to remedy the situation, before costly litigation is involved. In most cases you have a limited time to file a claim, often not more than 90 or 180 days, depending upon your local ordinances Only after a claim is rejected can you then file a suit. I hope this clarifies the matter for you. Thank you for using Webanswers as your source™....

Q: 

Hi, I need to buy a home but I owe close to $25,000 dollars on my credit cards that I have not been paying for the past 3 years. If I purchase a home using joint ownership could the credit card companies put a lien on the house?Thank you!

A:  The short answer is yes, the credit card issuers could put a lien on your home. Depending upon how your home is titled, for instance, joint tenants with right of survivorship or tenants in common, they could attach the lien to all or only a part of ''fee simple title.'' First the creditors would need to file a lawsuit against you and obtain a judgment. The judgment can then be attached to your assets. If you obtain a mortgage to buy your home, the liens will be ''junior'' to this mortgage so it''s generally not worth it for the lienholders to foreclose. This, however, depends on the amount of their lien, your mortgage and the value of your home.If I were you I''d be more concerned about obtaining a loan with poor credit. There are lenders...

Q: 

My HOA Tented my Home for Termites While I was on Vacation and had my Car Towed, Can I be Reimbursed for Towing Fees?

A:  “The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back? I left for my vacation on November 6, 2007 and came back on November 18 to find my car missing from my car port. After making a few phone calls, I found out that the car was towed to give way to termite tenting. When I checked my mail, the notice about the fumigation from the HOA was postmarked November 7 so it was impossible for me to know about this matter since I was already out of the country. I feel it’s unfair to be aggravated over a matter that I totally had no control over. I would like to find out if I can request for reimbursement from the HOA of the fees to get my car back....