Questions Answered by David E Schreiber - Justia Legal Answers

• 19 March 2011Q: How long does a plantif have to respond to the filing of a products liability suit?
  A: Your question is unclear. The plaintiff is the party that files the suit. The defendant must then respond. Typically, in federal court, the defendant has 20 days to file an answer to the complaint.
• 19 March 2011Q: I had Medtronic leads on my implanted heart device. Had no notice of class action. Can I still get comp.?
  A: First, you should contact the law firm that is doing the class action. It's also possible you have rights to bring your own action if you are deemed to have opted out of the class.
• 19 March 2011Q: A lawer told me he failed a suit regarding my personal injury over 2years,how can I find out if such was filed or if my.
  A: It's a little difficult to understand your question. If you are saying the lawyer told you he filed suit within the 2 year deadline, but you want to check that, you can do several things. First, if he filed a complaint, you would have been required to sign a verification, so you should know that. If he/she filed a Writ of Summons, that wouldn't require your signature but it would be docketed. First, you should ask your lawyer for a date-stamped copy of whatever was filed (meaning, if it was filed, the court will have stamped the date of filing on it). If the lawyer does not give you the information, you could also contact the court and ask them to look up the docket for you or you could go to the prothonotary's office yourself and ask them. You should ask your lawyer for the docket number.
• 19 March 2011Q: Am i required to go to trial if the defendant doesn't agree to settle or can i ask for an ADR?
  A: The lawyer must abide by your request. After all, it is your case. If there is an offer made and you want to accept it, then it is your decision. However, if the defense has never agreed to that offer, then it limits your options. ADR , alternate dispute resolution, is typically something both side must agree to do. Otherwise, yes, you would have to proceed to trial.
• 19 March 2011Q: How long can an accident law suit continue? accident happened over 4 years ago and still no day in court
  A: It all depends on which county (if it's in state court) and what the lawyers are doing. For example, some counties like Chester County, place cases on the trial list within a certain period of time. Otherwise, the defense lawyers can file a motron for summary judgment which would ask the court to dismiss the case before it goes to court. Or, in some counties, a trial praecipe must be filed with the court to get it listed for trial. You should ask your lawyer what is going on with the case.
• 19 March 2011Q: Do i need a personal injury attorney for a slip and fall in a national park
  A: I would need more information. However, you may need an attorney if you want to pursue a case.
• 19 March 2011Q: If you live outside PA, and a lawyer wants you to come there for depo what can you do
  A: The burden is on the attorney to subpoena you (I assume you are not a party to the lawsuit?). They would have to go through a process of having you served in your state which can be difficult for the attorney. Otherwise, a simple request is typically not binding on you. I don't have all the facts, so I can only generalize and can't give you legal advice in your case from the limited information in your question.
• 19 March 2011Q: My ATT.filed a civil suit in fed court. A judge appt. etc...at bottom of page... Jury Demanded ,..NONE. Whats that mean?
  A: From your question, you haven't indicated what type of case it is. But, some cases permit the Plaintiff the option to choose whether they want to request a jury. This could be either that the damages don't exceed the limits for arbitration or that the Plaintiff would rather have a trial before just a judge. In the latter instance, however, the defendant can still make a jury trial demand.
• 19 March 2011Q: My son was recovering from 11 surgeries including hip, ankles and arm (has special needs). Went to rehab facility and wh
  A: It's possible he may have a viable case. What has his ongoing treatment consisted of? I would be happy to answer more of your questions.