Claimed Lawyer ProfileQ&AResponsive Law
- Personal Injury
- Animal & Dog Law
- Insurance Claims
- Products Liability
- Elder Law
- Nursing Home Abuse
- Civil Rights
- Legal Malpractice
- Medical Malpractice
1 hour free
Fees are 33 1/3% to 40%, depending on when the case is resolved. Fees for minors are set by the Court.
Jurisdictions Admitted to Practice
- English: Spoken, Written
- Law Offices of Todd Rash
- - Current
- Personal Injury, Products Liability, Road Defect, Slip and Fall, Molestation, Employment Law, Professional Malpractice, Excessive Force. Have recovered Millions and Millions for victims.
- Black, Compean, Hall & Lenneman
- Insurance Coverage and Bad Faith Litigation.
- Clausen & Campbell
- Insurance Defense, Insurance Coverage and Bad Faith.
- Univ of North Dakota
- Undergraduate Degree
- Southwestern Univ School of Law
- Law Degree
- Dean Paul Wildman Scholarship
- Southwestern University School of Law
- Evidence Award
- American Jurisprudence
- California State Bar  # 141220
- - Current
1902 Questions Answered
- Q. I purchased a kellogg Eggo waffle and wife found a huge bite on unopened sealed packaging. What are the remedies here?
- A: You can get a refund.
- Q. Can i win this law suit?
- A: Don't know why you want to fight with them. You can make a claim with your insurer and get your car promptly fixed. If your insurer recovers from the trucking company, you will get your deductible back. If you insist, get your car fixed, out of your own pocket, or at least get an estimate for repair from an actual body shop. Next, file suit in Small Claims. You can recover the cost of repair, plus loss of use while your car is unavailable. That is usually daily rental value of a similar vehicle. You can pursue theories of contract, negligence, bailment, and the Carmack Amendment. The Carmack Amendment applies when motor carriers and surface freight forwarders are required to issue receipts and bills of lading when procuring interstate transportation or transportation services. (49 U.S.C. §§ 14706, 13501). Carmack subjects a motor carrier transporting cargo in interstate commerce to absolute or strict liability for “actual loss or injury to property.” (Missouri Pacific R.R. Co. v. Elmore & Stahl 377 U.S. 134, 137 (1964)). To meet your burden of proof, you must only show that: (1) Goods were delivered to the carrier in good condition; (2) Goods arrived in damaged condition; and, (3) The specified amount of damages. Under the Carmack Amendment, it is the moving company's burden to establish that it was free from negligence and that damage was due to one of the excepted causes relieving the carrier of liability. (See American Nat’l Fire Ins. Co. ex rel. Tabacalera Contreras Cigar Co. v. Yellow Freight Systems, Inc., 325 F.3d 924 (7th Cir. 2003)). If your claim is successful, you can seek recovery of attorney fees (if any) under Campbell v. Allied Van Lines, Inc. 410 F.3d 618 (2005) and 49 U.S.C. section 14708(d).
- Q. does an insurance company have to defend the boat owner even though he is not listed as an insured on the policy?
- A: Potentially, since the title never changed. An attorney will need to review the policy and do a coverage analysis.
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