Legal Question in Personal Injury in California

I'm attempting to challenge California's non-economic cap for damages under Quackenbush v. Superior Court, 60 Cal. App. 4th 454 (1997) (Cap does not violate due process, equal protection, or "one subject" rule).

I'm the plaintiff in pro per for a personal injury case and was found at fault by vindictive police action. I was hit head-on riding my bicycle by a motorist. My due process and equal protection rights were violated. There is also an inadequate law library in So. Lake Tahoe (WestLaw database with low-end subscription, most cases are 'out of plan' and there is no help to draft or any legal assistance unless you are a senior.

Asked on 4/06/24, 3:09 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You will either have to study, figure out and learn how to properly, effectively do all the research, pleadings and arguments yourself that are necessary to take this claim all the way through trial court, appeals court[s] and Supreme Court, OR seek, find and pay an experienced qualified attorney to do it for you. Attorney fees will be 'significant' unless you can find some 'free legal clinic' advocacy organization to take your case. No one here or elsewhere is going to train you how to practice law, which you would need to know. That is what law schools take several years to do.

Keep in mind that ProPer plaintiffs must 'practice law' in court to the same standards of knowledge as licensed attorneys. The courts [judge and staff] are not there to 'help' you - that would be 'prejudicial' and improper of them to do so.

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Answered on 4/07/24, 1:33 pm

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