Legal Question in Personal Injury in California

i have filed 3 civil cases all for injury and 2 of the 3 included rape.opposing counsel for the two rape cases had not responded with in the 30 day statute there for at 90-120 days after i filed a default and am now prepairing for my judgement i have several questions 1.)a web site for examples of comparison rape cases 2.)after i filed my default one opposing counsel tryed to have the case squashed for inappropreate filing were i showed that i had filed properly inaccordence with ca. law they are not recognised as appearing there for am i able to change or include VIOLATION OF MY RIGHTS to my civil case? opposing counsel has sent their response stateing that the most i can get is $250,000.00 with civil law code showing such.that would break my heart i have been selabet for 3 years now with no interest of a relationship after being with my ex for 13years.i need to make a point of the highest extreem for a buisness who had security to have sadated me and than my being violated i must speek up for us all.although the court has not specified weather this is civil rights or injury law the oposing counsel feels it is injury


Asked on 3/11/10, 5:15 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

You need to reword your questions and give more details as we can not really udnerstand what is going on. A violation of civil rights under color of law is an act done by a representative of a governmental entity and not a private person. It can also be based upon an act of discrimination but you do not state there appears to be any discrimination. So it sounds as though you have a tort cause of action and not civil rights.The Court wil not state what type of case it is.

If you have taken a default judgment against a defendant, they must first set aside the default before they can try to get the underlying case dismissed. The only limitation on damages I am aware of is the $250,000 limit on emotional distress for medical malpractice. You sue for your own injuries as it is fairly hopeless to try to turn the case into one of greater importance.

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Answered on 3/17/10, 9:09 pm
James Bame San Diego Law Office

I am sorry to hear of your ordeal. I would be happy to review your complaints and assist in obtaining a default judgment. Contact me directly.

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Answered on 3/23/10, 10:03 am


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