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Benjamin W Scott

Benjamin W Scott

  • Personal Injury, Medical Malpractice, Nursing Home Abuse...
  • California
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Practice Areas
  • Personal Injury
  • Medical Malpractice
  • Nursing Home Abuse
  • Products Liability
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
California
Languages
  • Spanish: Spoken, Written
Education
Concord Law School
J.D. | Law
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Honors: With Highest Honors, Number 2 in class
Brigham Young University
B.S. | Chemistry
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Website
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Legal Answers
17 Questions Answered

Q. What is a good gratuity for a paralegal and lawyer who have gone far and beyond the call of duty Paralegal is in CA
A: I'm glad that you had a good experience with a lawyer and paralegal who went above and beyond to help you. I would be careful about giving anything of significant monetary value to your attorney. There are some rules regarding gifts from clients, and you don't want to get your attorney in trouble. Probably the best thing you can do is leave a positive review for them on different websites like Yelp, Avvo, and Google. With that said, a small gift to a lawyer is generally OK as long as the lawyer is not asking for it
Q. CVS gave my 82 year old father the wrong medicine, and confessed the next when I went to refill it. The medicine isAlzhe
A: Fortunately, the medicine did not cause any harm to him. Although CVS made a serious mistake in giving the wrong medication, they are not liable for any harm if no harm occurred.
Q. Dated a man in the air force. He is a master sergeant and training for 1st sergeant and he asked me to marry him.
A: You have the right to walk away from him and get him out of your life. It is probably not worth the time or effort of trying to get the $100 back.
Q. On Father’s Day my father pulled out a shard of metal from inside his mouth after eating a chicken ball
A: Sorry to hear about your father's experience. I hope that he is OK. If he did not break his tooth or suffer any serious injury, your best bet might be to write a letter to the restaurant explaining what happened. You want to make sure that this doesn't happen to anyone else. If he did suffer injury, you may want to talk to a personal injury lawyer to see if there is a case. These cases can be very difficult without any evidence. Did you save the piece of metal? Did you take pictures of the metal that was in the food? Did you make a report of biting into the metal while you were at the restaurant? That will be the evidence you want to show the lawyer when you meet.
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.
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Barnett and Bennett Law Firm
712 Empire St
Fairfield, CA 94533
USA
Telephone: (707) 425-0671
Fax: (707) 425-4255