Justia Legal Services & Lawyers Directory

Questions Answered by Randall R. Walton - Justia Legal Answers

• 8 December 2010Q: I had a tentative ruling in my California lawsuit. How long does it take the judge to view or reach his final decision?
  A: The short answer to your question is that it depends on the judge and the type of case. In most courtrooms, however, the court will issue a tentitive ruling prior to an oral argument so that the parties and their lawyers know what judge is thinking, and to focus the oral argument. After the oral argument, the judge will usually rule with finality right then and there. Judicial departments are busy places, and judges and their staff need move on. Sometimes after oral argument, a judge will want more time to ponder the issues raised and take the matter under submission. How long the judge takes to decided is up to the judge, but usually the ruling will be given in a week or two. On very complex cases, judges may take months to issue a ruling on a motion, but in California state courts this is rare. Everything I have written assumes your question is about California trial courts. The answer would likely be different in federal court cases, and in cases before both federal and state courts of appeal.
• 2 December 2010Q: If someone rear ends me and we don't go through insurance how can i collect the money owed me if she isn't paying me?
  A: Is this agreement between you and the negligent driver in writing? That would be a starting point to determine how you can enforse this agreement. A better question would be, why did you agree not to go through insurance? If the accident occurred less than three years ago, you could probably just go ahead and make a claim with her insurance company.
• 2 December 2010Q: I was riding my bike downhill on a city street, hit a pothole, flipped off my bike, & broke bones. Can I sue the city?
  A: Maybe. Suing a governmental entity for a defect in public property is usually a tough case. In many ways it depends on the size of the hole and whether the city was aware of it (or should have been aware of it). It also depends on your conduct. The law, of course, assumes you're going to ride your bike in a safe manner and look out for obvious dangers. When you ride a bike you assume a certain amount of risk. This is a long way of saying that the viability of a case against the city we survive or fail based on the details of your specific case, but yes, the city has a duty to keep the roads safe.
• 2 December 2010Q: In computing an injured plaintiffs medical economic loss damages, where plaintiff's insured negotiates a cash payment
  A: Yes, usually, but to completely answer this question it would be helpful to know how the medical bills were paid to the provider. The answer might be different if the bills were paid in cash, private insurance, or a public plan such as Medicare or Medi-Cal.
• 4 November 2010Q: What does a medical malpractice lawyer do?
  A: A medical malpractice lawyer is a lawyer that sues health care providers for negligent care. In California, health care provider has a specific definition, but generally refers to doctors (M.D., D.C.), nurses, hospitals, and nursing homes. To determine whether care was negligent, the medical malpractic lawyer will usually consult with experts in the relevant health field to determine whether the health care professional accused of malpractice violated the recognized standard of care in providing treatment to the victim. If the answer is no, even if there was some tragic outcome, there is probably no malpractice case. If the answer is yes, that the health care professional breached the standard of care, then there may be a viable malpractice case, and the lawyer may bring a civil action on behalf of the victim. Medical malpractice cases in California are notoriously complex and difficult, partially because of California law, which provides many hurdles that victims of malpractice must overcome. This isn't the proper place to list them all, but the body of law is called the Medical Injury Compensation Reform Act (or MICRA ), which heavily regulates medical malpractice cases.