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AV Preeminent Peer Rated Attorneys
El Paso Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
El Paso Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Commonly Asked Personal Injury Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Is there any exception for the 3 year service under CCP 583.210?

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Answered by attorney Phong Thanh Tran (Unclaimed Profile)
Personal Injury lawyer at Law Office of Pho Ethan Tran, PLLC
If the defendant is a Doe, you should have completed service by publication. Did you do that? *CODE OF CIVIL PROCEDURE * *SECTION 583.210-583.250 * 583.210. (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed. (b) Proof of service of the summons shall be filed within 60 days after the time the summons and complaint must be served upon a defendant. 583.220. The time within which service must be made pursuant to this article does not apply if the defendant enters into a stipulation in writing or does another act that constitutes a general appearance in the action. For the purpose of this section none of the following constitutes a general appearance in the action: (a) A stipulation pursuant to Section 583.230 extending the time within which service must be made. (b) A motion to dismiss made pursuant to this chapter, whether joined with a motion to quash service or a motion to set aside a default judgment, or otherwise. (c) An extension of time to plead after a motion to dismiss made pursuant to this chapter. 583.230. The parties may extend the time within which service must be made pursuant to this article by the following means: (a) By written stipulation. The stipulation need not be filed but, if it is not filed, the stipulation shall be brought to the attention of the court if relevant to a motion for dismissal. (b) By oral agreement made in open court, if entered in the minutes of the court or a transcript is made. 583.240. In computing the time within which service must be made pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The defendant was not amenable to the process of the court. (b) The prosecution of the action or proceedings in the action was stayed and the stay affected service. (c) The validity of service was the subject of litigation by the parties. (d) Service, for any other reason, was impossible, impracticable, or futile due to causes beyond the plaintiff's control. Failure to discover relevant facts or evidence is not a cause beyond the plaintiff's control for the purpose of this subdivision. 583.250. (a) If service is not made in an action within the time prescribed in this article: (1) The action shall not be further prosecuted and no further proceedings shall be held in the action. (2) The action shall be dismissed by the court on its own motion or on motion of any person interested in the action, whether named as a party or not, after notice to the parties. (b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute.
If the defendant is a Doe, you should have completed service by publication. Did you do that? *CODE OF CIVIL PROCEDURE * *SECTION 583.210-583.250 * 583.210. (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed. (b) Proof of service of the summons shall be filed within 60 days after the time the summons and complaint must be served upon a defendant. 583.220. The time within which service must be made pursuant to this article does not apply if the defendant enters into a stipulation in writing or does another act that constitutes a general appearance in the action. For the purpose of this section none of the following constitutes a general appearance in the action: (a) A stipulation pursuant to Section 583.230 extending the time within which service must be made. (b) A motion to dismiss made pursuant to this chapter, whether joined with a motion to quash service or a motion to set aside a default judgment, or otherwise. (c) An extension of time to plead after a motion to dismiss made pursuant to this chapter. 583.230. The parties may extend the time within which service must be made pursuant to this article by the following means: (a) By written stipulation. The stipulation need not be filed but, if it is not filed, the stipulation shall be brought to the attention of the court if relevant to a motion for dismissal. (b) By oral agreement made in open court, if entered in the minutes of the court or a transcript is made. 583.240. In computing the time within which service must be made pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The defendant was not amenable to the process of the court. (b) The prosecution of the action or proceedings in the action was stayed and the stay affected service. (c) The validity of service was the subject of litigation by the parties. (d) Service, for any other reason, was impossible, impracticable, or futile due to causes beyond the plaintiff's control. Failure to discover relevant facts or evidence is not a cause beyond the plaintiff's control for the purpose of this subdivision. 583.250. (a) If service is not made in an action within the time prescribed in this article: (1) The action shall not be further prosecuted and no further proceedings shall be held in the action. (2) The action shall be dismissed by the court on its own motion or on motion of any person interested in the action, whether named as a party or not, after notice to the parties. (b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute.
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What is a fair amount for insurance to pay medical expenses?

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Answered by attorney Jeffrey Lapin (Unclaimed Profile)
Personal Injury lawyer at Lapin Law Offices
I can only answer some of your questions. Your "Question" and the "Question Detail" are not very similar so it is hard to answer your actual "Question." To try and answer your actual "Question" the "fair amount" is what the medical provider is willing to accept from the "insurance" company as full payment less any co-pays or deductibles. For example, a medical provider may charge $100.00 for some service. The insurance company and medical provider may have a contract in which the insurance company only has to pay $80.00 to the medical provider. An insurance company may not have a contract but still may be able to get the medical provider to accept less. I am not licensed in Arizona so I cannot answer any questions about the law there as it relates to paying back your insurance company. However, assuming your insurance policy is governed by Nebraska, you likely have a contractual duty to repay your insurance company. Your insurance policy probably has provisions regarding "reimbursement" and "subrogation", which are legally different, but basically have the same meaning, which is, that if you recover from a third party (including an insurance company), you have to repay your insurance company. However, you would have to check your policy to see what effect, if any, if what the other insurance company is saying about Arizona law (not having to repay your insurance company) is true. This would depend, in part, on the specific language of your policy. I cannot answer the question whether "$2622" is a fair amount to settle your case for. I would need to know a lot more about your injuries and damages. Lastly, as to your "legal obligations as far as my medical expenses" you have a legal obligation to pay your medical providers. They provided you a service and are entitled to be paid. They do not have to wait until your settle your case to receive their money. They might be willing to wait but they do not have to. This response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.
I can only answer some of your questions. Your "Question" and the "Question Detail" are not very similar so it is hard to answer your actual "Question." To try and answer your actual "Question" the "fair amount" is what the medical provider is willing to accept from the "insurance" company as full payment less any co-pays or deductibles. For example, a medical provider may charge $100.00 for some service. The insurance company and medical provider may have a contract in which the insurance company only has to pay $80.00 to the medical provider. An insurance company may not have a contract but still may be able to get the medical provider to accept less. I am not licensed in Arizona so I cannot answer any questions about the law there as it relates to paying back your insurance company. However, assuming your insurance policy is governed by Nebraska, you likely have a contractual duty to repay your insurance company. Your insurance policy probably has provisions regarding "reimbursement" and "subrogation", which are legally different, but basically have the same meaning, which is, that if you recover from a third party (including an insurance company), you have to repay your insurance company. However, you would have to check your policy to see what effect, if any, if what the other insurance company is saying about Arizona law (not having to repay your insurance company) is true. This would depend, in part, on the specific language of your policy. I cannot answer the question whether "$2622" is a fair amount to settle your case for. I would need to know a lot more about your injuries and damages. Lastly, as to your "legal obligations as far as my medical expenses" you have a legal obligation to pay your medical providers. They provided you a service and are entitled to be paid. They do not have to wait until your settle your case to receive their money. They might be willing to wait but they do not have to. This response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.
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How can we claim benefits when accident occurred in Asia?

David F. Stoddard
Answered by attorney David F. Stoddard (Unclaimed Profile)
Personal Injury lawyer at The David F. Stoddard Law Firm
I would have to read your Mass Policy to tell you how to collect on it. You mention Personal Injury Protection. Most PIP policies pay up to a small amount (1,500 to 5,000) for a personal injury regardless of who is at fault. As far as collecting for you significant damages, including pain and suffering, you may have to hire an attorney in the country where the accident occurred and hope they have laws that allow accident victims to recover damages from negligent drivers like we have in the USA. Laws that many special interest groups, including the Chamber of Commerce are trying to water down, if not abolish!
I would have to read your Mass Policy to tell you how to collect on it. You mention Personal Injury Protection. Most PIP policies pay up to a small amount (1,500 to 5,000) for a personal injury regardless of who is at fault. As far as collecting for you significant damages, including pain and suffering, you may have to hire an attorney in the country where the accident occurred and hope they have laws that allow accident victims to recover damages from negligent drivers like we have in the USA. Laws that many special interest groups, including the Chamber of Commerce are trying to water down, if not abolish!
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