by Tator Law | Dec 1, 2017 | Malpractice Law, Real Estate
Usually plaintiffs have the burden of proof, but sometimes the burden is shifted to the defense. An important shift occurs when issues other than punitive damages revolve around defendant’s financial dealings. Defendant must produce records. (If there are no...
by Tator Law | Dec 1, 2017 | Malpractice Law, Real Estate
Claims involving the same transaction can be lost forever if not asserted in the first lawsuit. Serial lawsuits generally are barred.
by Tator Law | Sep 28, 2017 | Malpractice Law
Medical malpractice cases are the most difficult cases to win. That is primarily because most all of them require an expert witness to testify that the defendant doctor failed to meet the standard of care set by other doctors. Often the defense can find a witness...
by Tator Law | Sep 28, 2017 | Malpractice Law, Real Estate
For a good contingency lawsuit, there must not only be a legally recognized wrong, but damages caused by the wrong. Other lawsuits will require payment to the attorney along the way.
by Tator Law | Aug 24, 2017 | Malpractice Law, Real Estate
The statute of frauds requires that certain contracts be in writing, signed by the defendant. Those contracts included those dealing with land (this is including mortgages), performance taking more than a year, surety arrangements, and marital agreements. California...
by Tator Law | Aug 24, 2017 | Malpractice Law, Real Estate
When hiring an attorney, be sure he/she has malpractice insurance. Otherwise the attorney can make a catastrophic error for you, go bankrupt, and leave you without remedy.