Legal Question in Personal Injury in California

Re: 6th Amenment

First, I do not think the 6th amendment applies to civil cases. We can't have a "law" to prevent injuries to any class of people. Civil cases can be long and this does present a problem for the elderly. And it is not beyound corporate mentality to prolong cases just for this reason. You should have a PI atty involved and once you are into litigation, there is a Civil Procedure Code section that can give people over 70 (I think) priority to get to trial faster and get ahead of the pack. Good Luck.

Re: 6th Amenment

You should either have better communications with your attorney or hire a new attorney.

JOEL SELIK

Attorney at Law

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Re: 6th Amenment

California civil law (and not the Constitution) allows for a preference for the aged if the prognosis of survival is not good. The attorney should take a deposition on videotape to preserve her testimony. In addition, family members might be able to join in the lawsuit for loss of companionship.

Re: 6th Amenment

No. But California law has an law that allows expedited trial setting in personal injury actions for the aged and the infirm. If she dies before the case comes to trial, her estate will lose its rights to recover for pain and suffering but all economic damages are still compensable. Probably there will come into being a wrongful death case to pursue.

The job of an attorney is not simply to represent a client's interest, but also to help the client understand what is happening. Again, I remind anyone reading this that you can change attorneys at any time. The former attorney will be entitled only to the reasonable value of the services rendered in the case, and typically from the compensation that would otherwise be paid to the new attorney.

Good luck.