Free Consultation: (707) 742-5067Tap to Call This Lawyer
Benjamin W Scott

Benjamin W Scott

  • Personal Injury, Medical Malpractice, Nursing Home Abuse & Neglect...
  • California
Rate This Lawyer
Claimed Lawyer ProfileQ&ASocial Media
Practice Areas
  • Personal Injury
  • Medical Malpractice
  • Nursing Home Abuse & Neglect
  • Products Liability
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
  • Spanish: Spoken, Written
Concord Law School
J.D. | Law
Honors: With Highest Honors, Number 2 in class
Brigham Young University
B.S. | Chemistry
Websites & Blogs
Legal Answers
13 Questions Answered

Q. Wife in CA made Will. We married in CA After marriage, I went to prison and she died in unrelated manner. Is Will valid?
A: If the will was valid to begin with, it is still valid. The fact that you went to prison doesn't invalidate it. You will want to see a probate attorney to help you figure out what to do next.
Q. 90 yr old falls trying to open a door at a dept. store. Leaning on door when a lady open it from other side...
A: I don't know all of the facts, so I can't be sure. However, this seems like a pretty weak case. If someone is to be responsible for the injuries, there must be some level of fault. The store can be liable if it was somehow negligent in the way it placed it's doors or in some other way. From what you've shared, there's not much to show that the store was negligent. The lady on the other side might be liable if she saw the 90 yr old leaning on the door and still decided to open it. Then again, that will probably be hard to prove.
Q. Concerning my property, i have 3 children and 1 is handicapped, I want to protect her and other kids. Any Suggestions
A: Most likely, you will need to set up a trust or trusts to take care of your family. You can set up a special needs trust to take care of your disabled child and a separate trust for your other children. In fact, a special needs trust may allow your disabled child to remain eligible for certain public benefits too. You will definitely need an attorney to get things started, so find one of the many great attorneys on Justia to create the best plan for you and your family. Good luck.
Q. The police trying to make deals w/me for info, telling me they can help me for info. Can I get a pub. def before court?
A: You definitely have the right to a lawyer, and you should take advantage of that right. You probably don't want to accept any deals until you've discussed it with your attorney. You are entitled to a public defender if you cannot afford a lawyer. Call the public defender's office, and they will help you see if you qualify.
Q. My daughter fell and broke her leg during a softball game on fields that were not suitable to play on can i sue?
A: You can try to sue, but you will have some substantial hurdles to overcome. It's really going to depend on what you mean by "not suitable to play on." Whenever someone engages in a sporting event, it's understood that there are certain risks such as falling and breaking a leg. It's also understood that there will be imperfections in the softball field. It also depends on whether or not the owners of the field actually knew about the dangerous conditions, whether they performed reasonable maintenance and inspection, and whether they acted reasonably. For example, if several people had reported injuries because of the field conditions, the owners should have done something to fix the problem. If the owners never did anything to inspect or maintain the field, you might have a case. If you're still thinking about suing, you'll want to talk to a personal injury attorney and tell the attorney all of the facts. Many personal injury attorneys will not charge you for the initial consultation.
Q. Can I create an accessory for a patented product?
A: You should be able to create and sell an accessory without infringing on the original product. The patent owner only has a right to exclude others from making, using, selling, or importing the product without permission. The patent right does not exclude others from making accessories that can be used with the patent. If you plan on selling your product, you will want to meet with a patent attorney to see if your idea is patentable.
Q. Can a person who is a convicted felon enter into a contract when their crime involved fraud?
A: They are definitely allowed to enter into contracts, but I would think twice before forming a contract with someone who has committed fraud in the past.
Q. Dealship didnt put o ring on new dodge charger and i drove 60 miles no oil. cant i get new car? do i need lawyer?
A: If it's a new car and should be under warranty. In that case, you have to give them a chance to repair the vehicle. If they can't fix the problem after a reasonable number of attempts to repair it, then you can get a new car from the manufacturer. After you've taken it in for repairs 4 times for the same problem, it's presumed to be a reasonable number of repairs.
Q. Is an IRA or 401K considered Community Property or Seperate Property in a Living Trust?
A: It depends on when you earned the money in the 401K and IRA. If you earned the money while you were married, it's community property. If you earned the money before you were married or after a separation or divorce, it's separate property. If you can trace how much was contributed during marriage and how much was contributed before marriage, then the accounts can be partially community property and partially separate property.
Click here to see all answers
Social Media
Contact & Map
Barnett and Bennett Law Firm
712 Empire St
Fairfield, CA 94533
Telephone: (707) 742-5067 Ext. 1
Fax: (707) 425-4255