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Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Can we claim tax exempt status on the vig?

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Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Jeephand posted:

Where do you get a lawyer?

You call one if you can afford it, if not you get the public defender.

quote:

Do you just look in the phone book?

I don't recommend it. Ask around if you want to hire somebody.

quote:

What do cops do when you insist on a lawyer before continuing?

Theoretically they must stop the interrogation immediately. In reality they probably ignore you and keep some pressure on a little to see if you have balls and are smart or if they can get you to waive your rights. Just be aware that this is surefire #1 way to get booked and tossed in the can.

quote:

Do they back off or take you into the station and let you call a lawyer?

If you're not already at the station they arrest you and put you in jail and let you sweat with the nice people in there until your arraignment, when you get to talk to a public defender for ten seconds before going back to jail until you post bond. If you have money to pay a lawyer this usually happens quicker and if the crime is minor and you have no priors you may be released without having to post.

quote:

If you don't have a lawyer in the queue what do you do?

You wait until they get around to taking you in for arraignment.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
That probably depends whether the side that was calling you won or lost. Technically, you are probably in contempt of court, but unless one of the parties or the Court itself drags you in to answer for it, it's possible that nothing happens.

If this is a criminal case and the guy got convicted, for example, the DA probably doesn't care that you didn't show up. People refuse to show up for criminal subpoenas all the time.

Was it actually a trial or just some kind of evidentiary hearing?

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Just call and apologize. It's very unlikely that they will waste the time and effort chasing after you for contempt. They should let you know whether you need to go in another time---minor criminal cases like that get bumped constantly and for many reasons. I know that if I had subpoenaed a witness and they didn't show up for trial, and I told the judge I needed that witness's testimony and I had service on the subpoena, most courts would continue the trial.

Just be sure to show up next time.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Jeephand posted:

So you seem to be saying that you have to talk to the police and go to jail unless you have a family lawyer on speed dial and a couple thousand laying around for bail and lawyer fees? You also seem to be implying that if the crime you are being charged with bears a fine that is less than the price of calling in a lawyer, you should just plead guilty and pay it? I'd really like some straight info on how to handle the whole situation of dealing with cops without sacrificing my rights. Can anyone add more without the "Hey I'm on SA you're hosed now buddy. Har har." routine?

No, what I'm saying is if you are suspected of a crime and there is probable cause for your arrest, you will go to jail when you exercise your right to remain silent unless your lawyer is present. If you can't afford a lawyer, then you have nobody on call to run to jail and get you, which means you will wait up to 48 hours (in jail) until you're paraded to court for arraignment and assignment to a public defender. You can look someone up in the jail phone book and who the gently caress knows how good they will be, but they'll probably at least know how to bail you out of jail.

I don't know what about my response made you go "hurf durf not serious." Everyone has this stupid idea that if they commit a crime and get caught, then they can just clam up and say "I want a lawyer" and the police will release them and the next thing to happen will be trial.

In reality, when you are pulled over with a bag of weed in your car, the cop will say "do you mind if I search your car?" Assuming you didn't just smoke out and you've got your wits about you and your eyes aren't all bloodshot and the car isn't hotboxed, you will say "I do not consent to any search and I would like to talk to a lawyer before I say anything."

The cop will say "Okay, well for my safety I'm going to ask you to step out of the car and I'm going to put you in handcuffs. You're not under arrest. Do you have any drugs or sharp objects in your pockets, any guns or other weapons in the car?" And you, being a normal person, will say something like "No" or "okay" and whoops what's that tremor in your voice that's making the cop think you are lying? The inside of your car and your clothes sure bear a strong vegetable matter smell that the cop is familiar with from years of arresting drug users.

Then they will sit you down on the curb for 45 minutes while they call in the K9 to sniff your car. They'll probably talk about the fact that the canine is on the way just within earshot and maybe ask you if you need anything, and maybe you'll stay quiet or maybe you'll start sweating or fidgeting or say something else that will make their probable cause stronger.

If you don't have any drugs they will let you go with your ticket or whatever. If you do have drugs you will go to jail without passing GO and that's that.

Maybe later down the road, your lawyer can fight with the government about whether the search was legal, whether the drugs should be suppressed.

If you are actually charged with a serious crime (that you did commit), and they have you down in the room and are asking you questions, well you might as well clam up and say nothing other than "I don't want to say anything without a lawyer" as long as you can, since while you're in the room you're not in jail and the room is better than the jail if you can stand annoying rear end in a top hat cops. If you're in the room you're going back to jail one way or another so might as well not give them a confession or anything else that will help them.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
In case it's still not clear, all of this is the same whether you've committed the crime they suspect or not. No hair off the cop's rear end at all if you go to jail and charges are later refused. Have fun!

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
An endorsement is just a modification of the insurance policy. The bank wants your homeowner's insurance to list you as the insured so that the mortgage will get paid off if your house burns down, adn they won't have to deal with the headache of you and your insurance company squabbling about who the correct insured is.

Call your mortgage broker or the 1-800 number on your insurance policy and have them change the named insured to your new name. They will probably require some proof that you've legally changed your name, like a driver's license or court order. Edit: I see you don't have this information, is there anything on your mortgage that says who the insurer is? If not then yes, your title company should be able to tell you. How are you not getting a copy of your policy renewal every year?

Dude, you need to know who your insurance company is in case you have a loss. Do you even know your policy limits and coverages?

Incidentally you really should go through everything you have (credit cards, driver's license, voter registration) and get them changed too. This isn't difficult, it just takes a lot of time on the phone and probably a few trips to various government offices.

Phil Moscowitz fucked around with this message at 16:57 on Aug 4, 2010

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
What state are you in? Many states have legal requirements that insurance policies send yearly renewals to their insureds. Sounds like yours doesn't, though.

You need to keep records of all this stuff. Your premium goes into escrow each month as part of your monthly payment--since your yearly premium is about $840 I don't think you have much coverage, but depending on the value of your house that may be enough, or it may be all you feel like getting. That's your business, but at the very least you should know what you're paying for and know how to make a claim if you need to.

When you go to your title company, ask them to make copies of everything in their file for you. There should be something in there telling you who your carrier is, if not an actual declarations page with the policy limits. If they won't do it ask them to give you the file and you make copies. If possible, scan them to a gmail account or something.

Sounds like you just got married (or divorced). Congratulations (sorry?)

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
The term seems vague enough that it could be interpreted to give anything you create over to them. I think you can probably explain the situation about your other job and have that paragraph modified or even stricken, if the tech company doesn't care.

Incidentally, although it depends on the university contract of course, anything you develop at the university will probably belong to the university, don't you think?

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Akrabbim posted:

My wife and I are both students at a private graduate institution. They have a policy that states that if a married couple are both taking classes, and one of them is going full-time (9 on-campus hours or more), the other spouse gets half-tuition. We have paid up fully until this upcoming semester. We just received an e-mail stating that, since the one taking the most hours fluctuated back and forth between the two of us, we should have notified them of this every semester. They have somehow calculated that we owe a few thousand more than we did previously.

Also, though we didn't get it in writing, when my wife set up the plan they told her that it did not matter which of us was full time in any semester, as long as one of us was. She was also told that she should never have to set this up again.

I would think that, since the semesters they're trying to charge for have already long since passed, they shouldn't be allowed to arbitrarily go back and charge us more money. Do we have any options?

I'm waiting to hear what they said when you talked to them and what your contracts say. Your obligations will be governed by the written contracts.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
I think they're more concerned with you trying to run off with something you develop at the tech company, therefore would be willing to change that term to reflect that expectation. I would talk to the HR people at the staffing agency and tell them your concerns.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
I would think an affidavit from a law abiding citizen will trump any claim otherwise by the convicted felons

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

joat mon posted:

e: ^^^^ will probably be sufficient.

Being the victim of a crime does not, ipso facto, make you truthful. (Nothing on you, Remicion, just speaking generally/practically)

"Prove it" will be the first question the DC asks the DA after the DA says, "Oh yeah, and my victim wants restitution for the $800 he had in his wallet."

No, but his testimony (live, if necessary, since we're in Sixth Amendment land) will be prima facie proof and I suspect considering the factors here that a judge will not take a felon's word over a victim's.

e: as you have noted with your carets

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

nm posted:

Contact the district attorney's office.
Also, I know of no law that prevents restitution for a felony in CA. I've seen it done a number of times. Unless there is a specific limit on whatever they're charged with, but I can't imagine that is the case.
Also, a $800 combined loss will plea to a misdo in 98% of cases unless they have a really bad rap sheet or it was a robbery (which means they used force).

Even if they fraudulently used his credit card?

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
In Louisiana any debts run up during the life of the marriage are community obligations. So yes, that portion of the credit card debt accrued before the divorce should be owed equally. You and your wife are solidary obligors and the credit card company is entitled to recover the total debt from either of you, as you've seen.

Assuming no other agreement (such as a consent judgment or partition of the property you signed as part of the divorce) you are entitled to indemnification from your ex-wife for her half of the debt. This also assumes that (a) the debt on the card was accumulated during the marriage and not before, and (b) you never used the card to accumulate additional debt after the divorce.

Consult an attorney.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Yo Eleven posted:

Thank you for the information.

I'd have to go back and check.. I am unsure if the debt was before or during the marriage. However, the card was hers before it was made into a joint account - so if the debt is a combination of what she did before we were together and what we did as a couple, that would not change your answer, right? When we were divorced, I never used the card again; it was cut up.

The answer is the same. If you get married and both started using the credit with both your names on it, more likely than not it all becomes community debt.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
You have two options. (1) Do nothing and hope that you slipped through the cracks. (2) Bring them your ticket and pay it and keep your inspection current from now on.

The intricacies of this can probably be explained by a Texas lawyer with various little games about promises to appear and such but I'm not familiar with traffic court in Texas so I won't say anything. If you were in New Orleans I'd tell you to write a certified letter to the court saying that you appeared at the courthouse and were informed by court staff that no citation for you existed on record, and reviewing your files you've determined that your inspection is current (it is, right??), so you consider the matter closed, and if there is any reason they disagree with you, that you expect them to notify you in writing of that fact and provide you with a copy of the citation.

But New Orleans is a jungle so not sure if that would work in Texas.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Don't loving admit anything in a release you doofus

KNOW ALL MEN BY THESE PRESENTS snipe

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
I'm not saying one way or another that you should do what you are talking about.

But for information's sake, affidavits signed and notarized in one state are generally recognized by other states when the requirements of the state in which they were notarized are met. Affidavits usually don't need to be in a particular form but depending on the state they will probably need certain information on them that a notary can tell you should be in there.

Your friend can bring it in, but I don't know how much good it will do him or if the court will even consider it.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Do I understand correctly that she logs into her computer remotely and turns on a microphone on her computer so she can hear what's going on at the office when she's not there? Is her computer Shodan or something and can hear everything all throughout the office?

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
There's nothing he can do to stop her from filing her own suit, but if he thinks the lawyer is going to include him as a plaintiff and he doesn't want to be, he should make sure that he puts it in a letter to the lawyer that he has no interest in bringing the suit. If the lawyer files on his behalf anyway, report him to the bar association.

As for the perjury charge, you don't know what she's going to say so that's a bit premature. If she files suit alone, he will most likely need to give a deposition in which case he definitely needs a lawyer present to protect him---it can't be the same lawyer as hers at that point.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
First, just realize that I don't have all the facts so I really can't give you a full answer.

She does not need him to be a party to the suit if she wants to file suit against the police or DA of whoever for what they did to her. So in that respect, she doesn't need his approval or involvement.

However, I'm pretty sure that if that suit gets filed, her lawyer will want to take your friend's deposition--under oath, on the record questions that might not be very good for him--which is why I said he needs a lawyer to defend him in that deposition if it happens. I was under the assumption that his criminal defense lawyer was the one offering to take her case, in which case I would think not only is he conflicted out of that representation (since there may be a conflict between his prior client's interests and his new client's), but he certainly can't be counted on to adequately protect your friend from possibly making incriminating statements during the deposition.

As an aside, on the facts you've given me I don't see a snowball's chance in hell that she can win her case. She was in a house where illegal things happened, and got arrested, but the charges were dropped? That's standard operating procedure.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Biskies posted:

I have a question in which the background information is a bit lengthy, but I'll try to summarize most of it here and ask for an opinion:

I started working at the DC office of an AmLaw 100 law firm in May of this year. I am a Legal Assistant for a partner attorney. When I started working there, he found my Facebook account and "friended" me. He kept asking, "are you going to accept?" and really, I felt that I sort of had to (admittedly a mistake on my part). As my Facebook friend, he found a picture of my mother and asked about her motorcycle. He then requested to be HER friend and started asking questions like, "is she single?" and, my favorite (:rolleyes:) "is she cute? Does she look like you?"

I run at lunch and he started running with me. He went outside and ran next to me in short shorts and took his shirt off. He made a comment that people give him weird looks running shirtless while I get smiled at because "people like to see cute girls run outside".

I complained about the inappropriate behavior to some people above me and HR had a conversation with him about the "boundary issues" he was having with his assistant. He turned it into the running joke and things escalated from there. His actions include:

1. He spends a good deal of time on Match.com (a personal match-making account which he has tied to his work email). I wouldn't care about this fact, except that he shows me emails he gets from women on the site and has asked me for advice on how to respond to them.

2. He tried, repeatedly, to get me to get my mother to go for a ride with him. "Tell her I have a Ducati. Women LOVE that about me!"

3. He recants dates that he has with women from Match.com. This includes him making fun of a woman for being "fat", even though he should realize that this could be construed as hurtful and insensitive to someone that had spent many years fat (me).

4. He explained to me that one of his female friends on Match.com stated to him that she refuses to respond to anyone that indicates in their personal ad that they enjoy erotica. He followed that up by stating that he enjoys erotica ("I even put that in my profile!") and that she could be ruling out great guys like him by stipulating that. This is something that I NEVER would have needed, nor wanted, to know about the attorney that I support.

5. He asked me one day how much weight I'd lost since I started at the firm. I stated that I had lost 20 pounds. He replied that I'd probably lose another 20 here. I asked, "do you realize what I'd look like 20 pounds lighter?" with a facial expression that clearly showed disgust. He responded, "like a babe?".

6. He constantly talks about his ex-girlfriend. He tells me about all the guys she "banged" while they were together. He goes into detail about their sex life and her family and the drama she brought into his life. When I caused him to be frustrated with me one day, he called me by her name. Repeatedly. When I asked him to stop, his response was, "okay, <ex-girlfriend's name>!"

7. He now spends his time talking about his new girlfriend. He told me that she's married and he's friends with the family. He has gone on and on in detail about the conversations they have (all inappropriate, such as when she called him drunk and said things that I care not to repeat at the moment). She calls him at least a dozen times a day. He showed me emails that she had sent to his work email account that stated things, such as how she wanted "sloppy wet kisses" from him. I don't need to see any of this.

8. He left the renewal notice for his Playboy subscription on his desk in plain sight for nearly a week. He then mailed it, admittedly with his own stamp, through the company's mail box (I know this because the receptionist complained to me about it).

There is more than this, but I feel that anything I state moving forward from here is becoming redundant. If I tell him I don't have time to talk about these things with him because I'm busy, he becomes rude and, frankly, downright mean, including snapping at me with, "what's your PROBLEM anyway?"

HR has talked to him once and it merely escalated. I brought this up yet again with my supervisor (who works in an office in a different state). She acknowledged via email in writing that some of these concerns were previously addressed, but they assumed they had gotten better. When I came into the office to meet with her, she assured me that there was an "investigation" going on, but that I would have to continue to work with him because they have nowhere to reassign me.

I was leaving for lunch the other day and he cornered me in the hallway. "Hey. I just want you to know I'm sorry." How does THAT make me feel any less awful at work? Then, to make matters worse, my supervisor in CT talked to me about a dress I've worn on a dozen other occasions without incident stating that, if I was going to wear something with a deep V-neck, I need to wear a sweater "given the current situation". It's like the corporate version of "it's your fault you were raped...look what you're wearing!"

I am not supposed to discuss ANYTHING that is going on with the other people in the office, which has only ostracized me. They have placed two HUGE buckets in the hallway outside his office. One says "IN", the other says "OUT" because I informed them that I don't feel comfortable working or interacting with him. Everyone wants to know what is going on (since it's obvious that something is going on) and yet I can't say anything. So instead, I have to avoid talking to anyone, basically.

I have no idea what to do at this point. They won't tell me how long the "investigation" will go on, but it's been a week and counting at this point. Work is uncomfortable at best and I am on edge in the office, at times shaking and making myself sick with anxiety.

I know this doesn't replace actual legal advice, but do I go file a complaint with the EEOC? I don't understand this "investigation". I'd assume that, if it were going to take a great deal of time, ONE OF US would have been placed on paid administrative leave in an effort to make the work environment pleasant, but yet here I am, working directly for this person indefinitely, as far as I can see.

Any guidance would be helpful. Thanks and sorry this was such a long post.

I didn't realize Michael Scott was a lawyer

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Practically speaking, and setting aside all civil liability issues inherent in even the most seemingly-justified use of deadly force, what property can you possibly have in your house that is worth killing someone over?

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
mboger reminds me of that old John Candy movie, Armed and Dangerous.

"Let's say someone lyin', right? And you know they lyin'. Can you shoot 'em?"

"Use your own judgment."

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Louisiana's is straight up wild west.

La. Rev. Stat. §14:20 posted:

Justifiable homicide

A. A homicide is justifiable:

(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.

(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.

(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business [kill the burglar], or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40) [kill the carjacker], while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.

[this is a separate kind of justifiable homicide, in addition to the standard kill the burglar law](4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40), against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the premises or motor vehicle.[kill the attempted break-and-enter?]

(b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law. [no-benefit-to-drug-dealer clause]

[presumption that break-and-enter will result in violent crime]B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if both of the following occur:

(1) The person against whom deadly force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.

(2) The person who used deadly force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.

[no duty to retreat from just about anywhere]C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force as provided for in this Section, and may stand his or her ground and meet force with force.

[refusing to retreat not admissible to prove unreasonableness of use of deadly force]D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used deadly force had a reasonable belief that deadly force was reasonable and apparently necessary to prevent a violent or forcible felony involving life or great bodily harm or to prevent the unlawful entry.


All that and I still would let some idiot walk out of my house rather than kill him over my hurt wittle feelings.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

tishthedish posted:

Texas. Got in an auto accident four months ago. Other guy's fault.

The date of the accident was 4-30. I saw an urgent care doctor on 5-2 and 5-9. I was still in constant pain until the end of May, but I considered myself done with treatment. I told the adjuster this, mostly because I wanted to settle the claim and move on with my life. Thing is, when I get really upset or nervous, my back spasms in the same location and manner that my back spasmed after the accident. Because the adjuster who is working with me is trying to settle for a ridiculously low amount, the claim is still unsettled.

I told her that I was done seeking treatment, but I didn't sign any forms. My back is spasming right now (ironically because I filed a complaint about the insurance company with my state's department of insurance and they cc'ed me on their response to the department of insurance, which is full of lies), and I'm wondering if it's still possible for me to see a doctor about this issue, even though the last time I sought treatment was 5-9? The adjuster said that I had to finish treatment within 30 days of the accident, but she's lied to me many times. I also wonder if there is a certain lapse in time of treatment that would render me responsible for the doctor's visit.

I don't practice in Texas, but I would think you can still go back to the doctor (and you should--your complaints have not resolved). You should also get a lawyer. Have you had an MRI? Do you have a history of back pain or injuries, other accidents? What treatment was it--chiro or orthopedic? Why on earth did you stop going, because you couldn't pay or what?

In Louisiana, soft tissue back injuries--i.e. no acute disc problems--are worth $800 to $1500 per month of pain, depending on the venue, plus all medical specials. Minimum liability policy in Texas, I believe, is $25,000, so you should keep in mind that this is what the adjuster is working with.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

tishthedish posted:

I don't have a lawyer because up until a month ago, I was still a student and unemployed. With my husband's paycheck, we only made it month to month. I didn't get an MRI or anything more than x-rays, but the x-rays showed no damage to any bones(honestly don't know what an MRI would tell me). I had to pay everything up front, and we just couldn't afford for me to see an orthopedist. Plus, with my schedule at school with rotations and classes, I didn't have time. Now I'm in the spot where I am working, but I have a six month probationary period and I can't ask off any time for any reason. I suppose I could talk to my supervisor, but I've only been training for 3 weeks and I don't want to seem....needy.

I did have a minor accident 3 years ago where I saw a chiropractor 5-6 times, but that issue was resolved. I didn't have any type of lingering pain.

What do you mean by minimum liability policy?

An MRI will show problems in your spinal discs that will not show up in an x-ray, like bulging, herniation, or other cartilage damage. This is how most serious (i.e. not simply muscle strain) back injuries happen--your discs are damaged and begin to encroach on your spinal cord or the nerves branching off the cord to the rest of your body. If you have pain or numbness in your arms or legs, it could be because of impingment of those nerves by a damaged disc.

As TBD says regarding the policy limits I meant that if there is a policy on the other guy, it goes up to $25,000 minimum, so the adjuster can go that high. I don't think you're anywhere close, but if he's offered you $800 you know he's definitely got reserves that are more than that.

A lawyer can help work the case up for a better claim and will negotiate with the adjuster for you. It's a simple fact that in most cases, a insurance company will accept a higher payment to a lawyer than an unrepresented person, although not always.

He can also probably get treatment for you without payment up front. But then he will take a cut of course, anything from 25% pre suit to 40% or more, and any medical treatment he advanced will come out of your part of the settlement. So if you see a chiro for six months and it costs you $1500, and you get the adjuster to cough up a total of $5000, you can see that you will take home about $1500 after a 1/3 contingency fee and medical and court costs are paid. These are just numbers I made up--it could be more or less for many reasons.

In plaintiff-friendly areas like some parts of Louisiana it can be worth it to work up soft-tissue, but it might not be--at the end of all your efforts, lawsuit and everything, you might not feel any better and what you end up with in your pocket could be the same or less than what you would've had had you just settled pre-litigation.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Alchenar posted:

Do you have anything quite as good as this though?

"just as male heterosexuals are free to enjoy themselves playing rugby, drinking beer and talking about girls with their mates, so male homosexuals are to be free to enjoy themselves going to Kylie concerts, drinking exotically coloured cocktails and talking about boys with their straight female mates."
Lord Rodger

HJ (Iran) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) and one other action

"Lord Rodger" lmao

rodgering snipe

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
It means there is no contract, and yes, you can be fired at will for basically anything.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Tab8715 posted:

...

How would he be giving away any information at all? All you're doing is requesting the evidence against him, which they are legally required to give.

Haha yeah, My Cousin Vinnie was sweet

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Are you sure she didn't actually yell at the professor for violating her doo-doo process?

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Can any of the New York lawyers tell me whether New York applies the general canon of contra proferentem, in particular in a contract of adhesion such as a commercial lease?

e. I've done the google and see that the concept applies, I'm just looking for some actual practitioners' opinions. We are not talking about a sophisticated commercial tenant.

Phil Moscowitz fucked around with this message at 16:43 on Feb 28, 2013

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Larger cities typically have a federal detention center but usually the Feds just pay the locals to hold people until conviction and federal pen.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
You can do what you want with the property damage check, assuming you own the vehicle. If you are leasing it, keep in mind you will have to account for damage at the end of the lease.

Your lawyer wants you to get the car repaired because it looks bad for your personal injury claim if the car isn't really damaged to the point that you get it repaired. It also looks kind of like you're an opportunist looking for cash--which a defense lawyer or adjuster (and potentially, a judge or jury) will look at and think "This guy probably isn't hurt as bad as he is claiming, he didn't even bother to get his car fixed."

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Netanyahu posted:

I am not sure I understand, a car. I ask because the same offense with a (b) appended seems to mean a BAC of .08% but (a) is under but I am not entirely sure.

(A) is the charge that applies whether your BAC was over the legal limit or not--i.e the police will allege you were impaired regardless of your BAC. They will need to prove you were too impaired to drive and BAC is one piece of evidence.

(B) is the charge they can bring regardless of impairment. If you blow over .08, you are in violation of the law regardless of your arguments that you were OK to drive.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Lol wats happening in here guys?

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Lowness 72 posted:

So I just saw an advertisement for Celino and Barnes. Nationwide your BEST choice for accident lawsuits.

I see that commercial and immediately think "they'd totally gently caress me over if I was their client". But how would they do that?

Like with a big bank, they have much bigger clients so they would have high fees and not care about me as a client. But this law firm seems to specialize in accidents and I'm guessing lower socio-economic clients. So are they just looking for big cases with large payoffs and then inflating attorney costs?

These dudes probably associate with random lawyers in every state too, so who knows what you're going to get.

But I doubt they have many "big clients," like Kalman said they are casting the widest net they can to catch as much herring as possible. They operate on a volume business model. They are going to run your case through the mill and settle it ASAP.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Did they finger you?

You know like point you out as someone who had reported them to HR.

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Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

HookShot posted:

Yeah I'm talking in kph, none of this magic moon numbers you Americans use :colbert:


Uh yeah it kind of is fair to expect people to check for traffic before they turn onto a road, especially one that's bigger than their rural driveway 50km outside of Golden. And again, I only ever drive that far over the limit in places where if someone did happen to turn onto the road, I would a) be able to see them from literally hundreds of meters away and b) therefore be able to tell if they're going to wait for me to get on the road or not.

You might think you are perfectly capable, but those people are expecting you to drive the speed limit. They see you 100 meters away and think "plenty of time to pull out," then you are on them in 3 seconds.

This morning I have a status conference in a case involving a guy just like you. Going 78 miles an hour in a 50. The lady was turning left, and he plowed into her, killing her. Now he's facing negligent homicide charges. When I asked him why he was going so fast, he said "I don't know. I didn't realize I was going that fast."

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